No. 76

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Thursday, November 29, 2012.

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 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—excused

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

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

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

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

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

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

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

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

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

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

Dillon—present Jenkins—present Olumba—e/d/s Tlaib—present

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

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

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

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

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

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

Genetski—present Lane—present

e/d/s = entered during session

Rev. Richard L. Treml, Pastor of SS. Peter & Paul Catholic Church in North Branch, offered the following invocation:

“Dear Heavenly Father, we thank You for all the blessings You have bestowed upon us and upon our great state of Michigan. We acknowledge You as our Creator and the source of everything. You are Father of the human family.

We lift up the members of this Assembly and all elected leaders and public servants that they may discharge the duties of their respective office with honesty and ability. We ask for Your guidance~ and wisdom as we work for the common good of All. Heal us from our differences and unity us with a common purpose to service the people in Michigan.

Amen.”

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Opsommer to the Chair.

______

Rep. Segal moved that Rep. Womack be excused from today’s session.

The motion prevailed.

Rep. Farrington moved that Rep. Shaughnessy be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Slavens, Barnett, Bauer, Brown, Darany, Knollenberg, Lindberg, Liss, MacMaster, Wayne Schmidt, Segal, Talabi and Tyler offered the following resolution:

House Resolution No. 335.

A resolution to declare November 2012 as Pancreatic Cancer Awareness Month in the state of Michigan.

Whereas, In 2012, an estimated 43,920 people will be diagnosed with pancreatic cancer in the United States and 37,390 will die from the disease; and

Whereas, Pancreatic cancer is one of the deadliest cancers and is the fourth leading cause of cancer death in the United States; and

Whereas, Pancreatic cancer has the lowest survival rate for all cancers. Seventy-four percent of patients die within the first year of diagnosis and 94% die within five years; and

Whereas, Risk factors for developing pancreatic cancer include family history, age, chronic or hereditary pancreatitis, smoking, obesity and diabetes; and

Whereas, The average life expectancy for someone diagnosed with pancreatic cancer is just five to seven months; and

Whereas, When symptoms of pancreatic cancer present themselves, it is usually too late for an optimistic prognosis; and

Whereas, Of all the racial/ethnic groups in the United States, African Americans have the highest incidence rate of pancreatic cancer. These cases were between 34 percent and 70 percent higher than those of other groups in Michigan in 2012; and

Whereas, There is no cure for pancreatic cancer and there have been no significant improvements in survival rates in the last 40 years; and

Whereas, The federal government invests significantly less money in pancreatic cancer research than it does in any of the other leading cancer killers. Pancreatic cancer research constitutes only approximately 2 percent of the National Cancer Institute’s federal research funding, a figure far too low given the severity of the disease, its mortality rate, and how little is known about how to arrest it; and

Whereas, The Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves the pancreatic cancer community in Michigan and nationwide by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; and

Whereas, The Pancreatic Cancer Action Network and its affiliates in Michigan support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; and

Whereas, The good health and well-being of the residents of Michigan are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare November 2012 as Pancreatic Cancer Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported

House Bill No. 5597, entitled

A bill to amend 2011 PA 153, entitled “An act to provide firefighter training programs to certain individuals; and to provide for certain firefighter examinations,” by amending section 2 (MCL 29.332).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ouimet, Pettalia, Daley, LaFontaine, Rendon, Stanley, Constan, Townsend and Lane

Nays: None

The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported

House Bill No. 5780, entitled

A bill 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 section 15b (MCL 423.215b), as added by 2011 PA 54.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Ouimet, Pettalia, Stanley, Constan, Townsend, Stapleton, Rutledge and Lane

Nays: Reps. Crawford, Daley and Price

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, November 29, 2012

Present: Reps. Ouimet, Pettalia, Crawford, Daley, LaFontaine, Price, Rendon, Stanley, Constan, Townsend, Stapleton, Rutledge and Lane

Absent: Reps. Hughes and Shaughnessy

Excused: Reps. Hughes and Shaughnessy

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Bill No. 5881, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2011 PA 264.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Moss, Haveman, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Goike, MacGregor, MacMaster, Poleski, Pscholka and Potvin

Nays: Reps. Agema, Forlini, Jenkins, LeBlanc, Ananich, Dillon, Durhal, Jackson, Lindberg, Lipton, McCann and Tlaib

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Moss, Chair, of the Committee on Appropriations, was received and read:

Meeting held on: Thursday, November 29, 2012

Present: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Dillon, Durhal, Jackson, Lindberg, Lipton, McCann and Tlaib

Absent: Rep. Bauer

Excused: Rep. Bauer

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Haines, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Thursday, November 29, 2012

Present: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Graves, Stallworth, Darany, Segal, Hovey-Wright and Greimel

Absent: Reps. Liss and Womack

______

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

Second Reading of Bills

House Bill No. 4867, entitled

A bill to amend 1994 PA 351, entitled “Equine activity liability act,” by amending section 5 (MCL 691.1665).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4710, entitled

A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” by amending section 2 (MCL 492.102), as amended by 1995 PA 166.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4711, entitled

A bill to amend 1966 PA 224, entitled “Retail installment sales act,” by amending section 2 (MCL 445.852), as amended by 1995 PA 167.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5926, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 90a, 90b, 90c, and 90d (MCL 125.2090a, 125.2090b, 125.2090c, and 125.2090d), section 90a as added by 2011 PA 252, section 90b as amended by 2012 PA 145, and sections 90c and 90d as added by 2011 PA 253.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5883, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48703 (MCL 324.48703), as amended by 2012 PA 245.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4555, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 498d, 498e, and 498h (MCL 330.1498d, 330.1498e, and 330.1498h), section 498d as amended by 1998 PA 524, section 498e as amended by 1996 PA 588, and section 498h as amended by 2000 PA 57, and by adding sections 1060, 1060a, 1060b, 1060c, 1062, 1064, 1066, 1068, 1070, 1072, and 1074.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Families, Children, and Seniors,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Lipton moved to amend the bill as follows:

1. Amend page 23, line 10, after “DEPARTMENT,” by inserting “SUBJECT TO THE AVAILABILITY OF INPATIENT CARE,”.

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

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

The motion prevailed.

Senate Bill No. 246, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2001 PA 211, and by adding sections 18n, 18o, 18p, 18q, 18r, and 18s to chapter XIIA.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Lipton moved to amend the bill as follows:

1. Amend page 5, following line 27, by inserting:

“(4) THE COURT SHALL MAINTAIN A RECORD OF HOW MANY COMPETENCY EVALUATIONS ARE REQUESTED UNDER THIS SECTION.”.

2. Amend page 11, following line 3, by inserting:

“(4) THE COURT SHALL REPORT TO THE STATE COURT ADMINISTRATOR THE NUMBER OF JUVENILES FOUND TO BE INCOMPETENT TO PROCEED.”.

3. Amend page 14, line 25, after “HEALTH,” by inserting “SUBJECT TO THE AVAILABILITY OF INPATIENT CARE,”.

4. Amend page 15, following line 16, by inserting:

“(7) THE DEPARTMENT OF COMMUNITY HEALTH SHALL MAINTAIN A RECORD OF THE NUMBER OF JUVENILES FOR WHOM THE COURT ORDERED THAT MENTAL HEALTH SERVICES BE PROVIDED UNDER SUBSECTION (5) OR (6).”.

The motion prevailed and the amendments were 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.

Comments and Recommendations

Rep. Stamas moved that the following remarks be printed in the Journal.

The motion prevailed.

Rep. Howze:

“Colleagues, Good Afternoon!

As I prepared for this day, I must admit that for the past several weeks and really several months, I have grown very emotional about leaving the Legislature, although my leaving is by choice.

With that being said, it has been an honor and privilege to serve in the 96th Legislature of the State of Michigan and represent the citizens of the 2nd House District, which is located in the City of Detroit on the northeast side. Though both of my parents are deceased now and are not physically here to see me take this next step, I stand here as a model of strength. And to my colleagues who had to travel this same road as you have lost parents during this legislative term and perhaps before, know too that you can stand strong as well. Take comfort in knowing that our parents saw us make these accomplishments before we actually made them. It is because of the teachings of my parents and the positive affirmations that they spoke into my life at an early age that I have the courage to stand tall, hold my head high, and move to the next level. For this, I thank them.

In addition, shortly after being elected to this office in 2010, I realized what an awesome responsibility we have as policymakers. People across this state and in our respective districts live at the effect of the decisions that we make. This is not something I take lightly and neither should you.

I submit to you that we shall not be defined by the number of years we spend at the Capitol, but rather by the quality of legislation we propose, the positions we take, the relationships we develop, and the issues we resolve for the constituents we serve. Six consecutive years in the House and eight years in the Senate is not promised to any one of us. That seat that you sit in — it’s not yours; it belongs to the people of the state of Michigan and the constituents who elected you from your District. You must not take it or them for granted.

Personally, I have adopted a philosophy that says I must effect change where I am while I have the opportunity. Therefore, in this one term that summarizes my tenure in the state Legislature, I am most proud to have accomplished the following:

• To have the governor sign into law, Public Act 208 of 2012 - legislation that I sponsored that regulates the use of credit scoring in determining insurance premiums. I want to thank Rep. Paul Opsommer who I worked with in a bi-partisan fashion to win overwhelming support of this legislation on both sides of the aisle. Notwithstanding this significant feat, insurance rates in the city of Detroit continue to be excessively high for residents and businesses alike compared to rates in neighboring communities. There is much more work to do. I implore members of this body to take on this issue in the next legislative session as it is of great significance to the citizens of the city of Detroit and our ability to retain existing residents and businesses as well as limit our ability to attract new residents and businesses.

• As a collaborator in the legislature, I am proud to note that I hosted an in-district-meeting to discuss the transportation infrastructure in Detroit, with a focus on Detroit’s Coleman A. Young International Airport (City Airport). In attendance at this meeting were Republican Transportation Committee Chair and Vice Chair Reps. Paul Opsommer and Wayne Schmidt. The meeting was also attended by U.S. Congressmen Reps. John Conyers and Gary Peters.

• I am proud to have delivered my first floor speech on February 23, 2011 in opposition to the Emergency Manager Law that 2.3 million people across the state of Michigan said NO to dictatorship and YES to Democracy when Public Act 4 was repealed on November 6, 2012. Haste makes waste.

Now that PA-4 has been repealed, the questions become, ‘What do we do now? How do we address the dire financial condition of the local governments and school districts across this state?’ The answer is that this body going forward MUST pass legislation that addresses passing sound insurance reform, restoring revenue sharing to local municipalities, creating jobs for the chronically unemployed and provide communities with economic development projects to restore a shrinking tax base in many of the struggling communities.

I stand here and speak passionately about this issue because of the grave impact that the legislation has had on the city of Detroit in particular, and other communities that have fallen on hard financial times. For the city of Detroit, it is easy to criticize the existing leadership and look down upon the city.

To members of the Detroit Delegation, my parting words to you are as follows: Continue to stand strong on issues that matter to the city of Detroit and the citizens that we represent. Be strong, but don’t be rigid. Be flexible without bending over backwards. And to the citizens at home, who may be watching this from home, continue to stand tall and stand firm. I am reminded therefore of this quote from the Reverend Dr. Martin Luther King, Jr. that I will paraphrase; a man cannot ride your back unless it is bent over.

My experiences at the Capitol in many ways have been shaped by the relationships that I have developed with folks inside this Chamber. Therefore, I would like to take this opportunity to acknowledge some of the most thoughtful and intelligent lawmakers with whom I have had the privilege and pleasure of serving next to. I will share some brief stories with you that you may find humorous about my interactions with these individuals.

• Rep. Thomas Stallworth - My seat mate who is too smooth for words. Tommy and I refer to each other as big brother and sis. And he truly acts like a big brother. I actually grew up with four brothers, and I’m the baby of the family, in case you had not figured that out already. Well, Tommy will see food on my desk; he would not ask to have some, he would just take it and start eating it. And before I would know it, I would look for the left overs only to find that he had eaten those too;

• Rep. Lesia Liss - My seat mate who always seemed to find herself in trouble with the Party. We have shared many deep conversations about our purpose in life and what brought us here to the Legislature. Although your spirits may have been broken at times during this process, I am here to tell you that the Father says, ‘Daughter, your faith hath made you whole.’ So go on and continue to do great things, as I know you will. I thank you for being a true and committed friend;

• To Rep. Rudy Hobbs - I owe you a sandwich;

• To Rep. David Rutledge - The proud recipient of Rudy’s sandwich, thanks to me, that I mistakenly gave a way;

• To Rep. Doug Geiss aka Doug E. Fresh. He is the only lawmaker I know that would introduce the ‘Pythagorean Theorem’ in the discussion of a committee hearing — need I say more;

• To Rep. Jim Ananich, who has much Game because he is a Grown (pause) Man;

• To Rep. Woodrow Stanley who has served as one of my mentors here at the Capitol. I appreciate you for your friendship, your guidance, the many laughs and long talks. Our good friend Tito appreciates it as well;

• To Rep. David Nathan - When I entered this legislative process, we had a number of opportunities to come together and discuss our shared leadership role. It has been a pleasure to serve with you as co-Chairs of the Detroit House Caucus. Through it all, I know your heart and wish you the best. God bless you!

• To Rep. Maureen Stapleton: Forgive me for accidentally for deflating your sleep number bed when we used to share a room at the Radisson Hotel at the Capitol;

• To Rep. Alberta Tinsley-Talabi: Thanks for having my back as one of the Eastside Girls!

• To Speaker Pro Tem John Walsh: Thank you for your friendship and for reaching out to me early on in the legislative session to let me and others know how you hold me in high regard. I also want to say how sorry I am that you lost population in your District to the city of Detroit earlier this year. Woo hoo!

• To Rep. Joe Haveman, the Clark Kent of the Capitol, who turned into Darth Vader this week due to his deep, yet sore, raspy voice;

• To Rep. Margaret O’Brien, a worthy sparring partner on Insurance and Education committee. It has been great serving with you.

• To Vice Chair Andrew Kandrevas: I have two words….HOT….SAUCE. He puts that— stuff —on everything!

• To Vice Chair Lisa Brown: You are true fighter on Education. Thank you for your leadership and for really digging into the bills and asking the tough questions. I must admit, however, that even the members on our side of the aisle would like for you to speed it up already. We may have questions too!

Last, but not least, I want to acknowledge my colleagues in the CPA Caucus in the Legislature: Reps. Earl Poleski, Tom McMillan, and Paul Clemente. It was indeed an honor to serve with you and go where few CPA’s have gone before.

As I close, I want to continue down the path of Rep. Dave Agema, who when he spoke yesterday shared a word of scripture from the Bible found in 2 Chronicles 7:14, and I quote, ‘If my people who are called by My name will humble themselves, and pray and seek My face, and turn from their wicked ways, then I will hear from heaven, and will forgive their sin and heal their land.’

I think this scripture is very appropriate given the times that we are currently leaving in for the city of Detroit, the state of Michigan, and for the nation as a whole. It suggests that we look to a higher power for guidance and know that He knows our concerns.

Therefore, I want to talk about the subject of LOVE.

My scripture quote is coming from John 3:16 which reads, ‘For God so loved the world that He gave His only begotten Son…’

In Sunday school, my pastor taught me what the meaning of love is. He said, ‘Love is seeing the need of another and fulfilling that need no matter the sacrifice to oneself.’

Therefore, when I made the choice to depart from the Legislature, and some would say prematurely; it was a sacrifice that I was willing to make as a demonstration of my love for the city, my love for this body, and my love for the citizens of the city of Detroit.

As I pursue another level of service, I ask that you continue to lift me up in prayer and thoughts. God Bless You, God Keep You and I thank you.”

Rep. Hughes:

“Mr. Speaker and Colleagues,

I have some thank yous to give, a challenge, and a final quote.

I want to thank God, my hometown, the support of my family, my husband, Rick, our daughters, Morgan and Taylor and my parents for this opportunity to serve! It has been a pleasure and an honor!

Thank you to my staff, Mike Headley, Janelle Thiesen and James Biehl!

I will miss everyone of you, and especially our oldest member, my seatmate, the Honorable Judson S. Gilbert, a.k.a. Grandpa Gilbert, our youngest, my roommate, the Honorable Andrea LaFontaine, adopted granddaughter of Grandpa Gilbert, Senator Emmons and former Senator Laura Toy!

The challenge, and one of my passions, our Michigan Veterans.

Michigan Veterans are suffering from 29.4% unemployment. Two and one half times the national average.

We can do better!

Michigan Veterans are missing out on $1.4 Billion annually in V.A. benefits. Michigan is 53rd in receiving benefits but, 11th in service to our country!

I have seen that you, my colleagues, are pretty creative. You can do better and I know you will!

Some say we are not special but each of us is very special because we want to and have made a difference!

The Quote:

President Teddy Roosevelt. He gave this speech as part of his ‘Citizenship in a Republic’ speech in Sorbonne, Paris, April 23, 1910.

It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, and comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows the great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that is his place shall never be with those cold and timid souls who know neither victory nor defeat.

Thank you colleagues for your friendship, your professionalism, your service and your daring to make a difference!”

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5852, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending section 28e (MCL 290.628e), as added by 2012 PA 254.

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

The motion prevailed.

House Bill No. 5917, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 19 (MCL 408.1019), as amended by 1991 PA 105; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Regulatory Reform (for amendment, see House Journal No. 75, p. 2349),

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

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

The motion prevailed.

House Bill No. 5922, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending sections 4, 6, 11, 16, 21, and 69 (MCL 408.1004, 408.1006, 408.1011, 408.1016, 408.1021, and 408.1069), section 11 as amended by 1986 PA 80 and sections 16 and 21 as amended by 1991 PA 105; and to repeal acts and parts of acts.

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

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

The motion prevailed.

House Bill No. 5830, entitled

A bill to amend 1964 PA 183, entitled “An act creating the state building authority with power to acquire, construct, furnish, equip, own, improve, enlarge, operate, mortgage, and maintain facilities for the use of the state or any of its agencies; to act as a developer or co-owner of facilities as a condominium project for the use of the state or any of its agencies; to authorize the execution of leases pertaining to those facilities by the building authority with the state or any of its agencies; to authorize the payment of true rentals by the state; to provide for the issuance of revenue obligations by the building authority to be paid from the true rentals to be paid by the state and other resources and security provided for and pledged by the building authority; to authorize the creation of funds; to authorize the conveyance of lands by the state or any of its agencies for the purposes authorized in this act; to authorize the appointment of a trustee for bondholders; to permit remedies for the benefit of parties in interest; to provide for other powers and duties of the authority; and to provide for other matters in relation to the authority and its obligations,” by amending sections 3, 5, 7, and 8 (MCL 830.413, 830.415, 830.417, and 830.418), sections 3 and 7 as amended by 2005 PA 67, section 5 as amended by 1994 PA 252, and section 8 as amended by 2002 PA 382.

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

The motion prevailed.

House Bill No. 5831, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 248 and 249 (MCL 18.1248 and 18.1249), section 248 as amended by 1999 PA 8.

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. Kowall moved to amend the bill as follows:

1. Amend page 11, line 10, after “10%” by striking out the comma and “BUT NOT MORE THAN $35,000.00,”.

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

Rep. Cotter moved to amend the bill as follows:

1. Amend page 16, line 16, after “terminated” by striking out “12” and inserting “24”.

2. Amend page 16, line 26, after “terminated” by striking out “24” and inserting “36”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Cotter moved to amend the bill as follows:

1. Amend page 16, line 18, after “act.” by inserting “THE TERMINATION OF AUTHORIZATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY IF PROGRAM AND SCHEMATIC PLANNING DOCUMENTS ARE SUBMITTED BY COMMUNITY COLLEGES AND UNIVERSITIES WITHIN THE TIME FRAME SPECIFIED IN THE IMMEDIATELY PRECEDING SENTENCE.”.

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

Rep. McCann moved to amend the bill as follows:

1. Amend page 11, line 24, after “DOCUMENTS.” by inserting “THE CONSTRUCTION CONTRACT AWARD DESCRIBED IN THIS SUBSECTION SHALL ONLY BE MADE TO A CONTRACTOR OR SUBCONTRACTOR WHO AGREES TO HIRE MICHIGAN RESIDENTS AS PROVIDED IN SECTION 241A.”.

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

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

The motion prevailed.

Senate Bill No. 1195, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 109k.

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 not adopted, a majority of the members serving not voting therefor.

Rep. Farrington moved to reconsider the vote by which the House did not adopted the substitute previously recommended by the Committee on Appropriations.

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

The question being on the adoption of the 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. Cavanagh moved to amend the bill as follows:

1. Amend page 1, line 1, after “EFFECTIVE” by striking out “JUNE” and inserting “OCTOBER”.

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

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

The motion prevailed.

Senate Bill No. 1196, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 204, 212, 224, and 232a (MCL 330.1204, 330.1212, 330.1224, and 330.1232a), sections 204, 212, and 224 as amended and section 232a as added by 1995 PA 290; and to repeal acts and parts of acts.

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 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. Cavanagh moved to amend the bill as follows:

1. Amend page 2, line 20 after “BEGINNING” by striking out “JUNE” and inserting “OCTOBER”.

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

Rep. LeBlanc moved to amend the bill as follows:

1. Amend page 3, line 6, after “a” by striking out “12-member” and inserting “13-MEMBER”.

2. Amend page 3, line 14, after “500,000,” by striking out the balance of the subsection and inserting “A NEW 13-MEMBER BOARD SHALL BE APPOINTED AS FOLLOWS:

(A) SIX BOARD MEMBERS WHO MUST BE RESIDENTS OF A CITY HAVING A POPULATION OF AT LEAST 500,000 THAT IS TOTALLY SITUATED WITHIN THAT COUNTY, APPOINTED BY THE COUNTY EXECUTIVE WITH ADVICE AND CONSENT OF THE COUNTY BOARD OF COMMISSIONERS. TWO BOARD MEMBERS APPOINTED UNDER THIS SUBDIVISION MUST BE PRIMARY CONSUMERS OR FAMILY MEMBERS OF PRIMARY CONSUMERS.

(B) SIX BOARD MEMBERS WHO MUST BE RESIDENTS OF THE COUNTY OUTSIDE OF A CITY HAVING A POPULATION OF AT LEAST 500,000 SITUATED WITHIN THAT COUNTY, APPOINTED BY THE COUNTY EXECUTIVE, WITH ADVICE AND CONSENT OF THE COUNTY BOARD OF COMMISSIONERS. TWO BOARD MEMBERS APPOINTED UNDER THIS SUBDIVISION MUST BE PRIMARY CONSUMERS OR FAMILY MEMBERS OF PRIMARY CONSUMERS.

(C) ONE BOARD MEMBER APPOINTED BY THE COUNTY BOARD OF COMMISSIONERS.”.

3. Amend page 4, line 26, after “and” by striking out “4” and inserting “5”.

The motion did not prevail and the amendments were 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.

House Bill No. 5881, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2011 PA 264.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Appropriations,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5261, entitled

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

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Olson moved to amend the bill as follows:

1. Amend page 5, line 1, after “July 1,” by striking out “2015” and inserting “2014”.

2. Amend page 7, line 4, after “SUBSECTION,” by inserting “UNTIL JULY 1, 2014,”.

3. Amend page 7, line 6, after “THAN” by striking out “3/4” and inserting “2/3”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Brown moved to amend the bill as follows:

1. Amend page 4, line 16, after “UNIT” by inserting “OR EMPLOYER”.

2. Amend page 4, line 17, after “FOR” by striking out “HEALTH BENEFITS PROVIDED UNDER SECTION 91” and inserting “ALL BENEFITS PROVIDED BY THE RETIREMENT SYSTEM”.

3. Amend page 5, line 17, after “UNIT” by inserting “OR EMPLOYER”.

4. Amend page 5, line 18, after “FOR” by striking out “HEALTH BENEFITS PROVIDED UNDER SECTION 91” and inserting “ALL BENEFITS PROVIDED BY THE RETIREMENT SYSTEM”.

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5542, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 40b and 310 (MCL 257.40b and 257.310), section 40b as amended by 2008 PA 7 and section 310 as amended by 2008 PA 36.

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

Roll Call No. 628 Yeas—106

Agema Gilbert Lane Potvin

Ananich Glardon LeBlanc Price

Barnett Goike Lindberg Pscholka

Bauer Graves Lipton Rendon

Bledsoe Greimel Liss Rogers

Bolger Haines Lori Rutledge

Brown Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Genetski LaFontaine

Nays—1

Brunner

In The Chair: O’Brien

The House agreed to the title of the bill.

______

Rep. Brunner, 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:

It is my belief that the Secretary of State should require all individuals to provide emergency contact information and that such information may only be disclosed to a state or federal law enforcement agency for law enforcement purposes.”

______

The Speaker Pro Tempore resumed the Chair.

Senate Bill No. 862, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34c (MCL 211.34c), as amended by 2011 PA 320.

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

Roll Call No. 629 Yeas—64

Agema Goike LeBlanc Pettalia

Bolger Graves Lori Poleski

Bumstead Haines Lund Potvin

Callton Haveman Lyons Price

Cotter Heise MacGregor Pscholka

Crawford Hooker MacMaster Rendon

Daley Horn McBroom Rogers

Damrow Hughes McMillin Schmidt, R.

Denby Huuki Moss Schmidt, W.

Farrington Jacobsen Muxlow Shirkey

Forlini Jenkins Nesbitt Somerville

Foster Johnson O’Brien Stamas

Franz Knollenberg Olson Tyler

Genetski Kowall Opsommer Walsh

Gilbert Kurtz Ouimet Yonker

Glardon LaFontaine Outman Zorn

Nays—43

Ananich Dillon Kandrevas Segal

Barnett Durhal Lane Slavens

Bauer Geiss Lindberg Smiley

Bledsoe Greimel Lipton Stallworth

Brown Hammel Liss Stanley

Brunner Haugh McCann Stapleton

Byrum Hobbs Meadows Switalski

Cavanagh Hovey-Wright Nathan Talabi

Clemente Howze Oakes Tlaib

Constan Irwin Rutledge Townsend

Darany Jackson Santana

In The Chair: Walsh

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

“An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

______

Rep. Olumba entered the House Chambers.

Senate Bill No. 1108, entitled

A bill to amend 1986 PA 89, entitled “Michigan BIDCO act,” by amending the title and sections 104, 105, 106, 203, 301, 303, 401, and 403 (MCL 487.1104, 487.1105, 487.1106, 487.1203, 487.1301, 487.1303, 487.1401, and 487.1403), sections 104, 105, 106, 301, 303, 401, and 403 as amended by 1997 PA 150, and by adding sections 304 and 304a.

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

Roll Call No. 630 Yeas—105

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Horn McCann Slavens

Constan Hovey-Wright Meadows Smiley

Cotter Howze Moss Stallworth

Crawford Hughes Muxlow Stamas

Daley Huuki Nathan Stanley

Damrow Irwin Nesbitt Stapleton

Darany Jackson O’Brien Switalski

Denby Jacobsen Oakes Talabi

Dillon Jenkins Olson Tlaib

Durhal Johnson Olumba Townsend

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Yonker

Franz Kurtz Pettalia Zorn

Geiss

Nays—3

Hooker McMillin Somerville

In The Chair: Walsh

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

“An act to promote economic development by providing for the licensing and regulation of business and industrial development corporations; to provide penalties; and to repeal certain acts and parts of acts,”

The House agreed to the full title.

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

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

Senate Bill No. 1001, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 23 (MCL 552.623), as amended by 1998 PA 334.

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

Roll Call No. 631 Yeas—62

Agema Goike Lori Poleski

Bolger Graves Lund Potvin

Bumstead Haines Lyons Price

Callton Haveman MacGregor Pscholka

Cotter Heise McBroom Rendon

Crawford Hooker McMillin Rogers

Daley Horn Moss Schmidt, R.

Damrow Hughes Muxlow Schmidt, W.

Denby Huuki Nesbitt Shirkey

Farrington Jacobsen O’Brien Somerville

Forlini Jenkins Olson Stamas

Foster Johnson Opsommer Tyler

Franz Knollenberg Ouimet Walsh

Genetski Kowall Outman Yonker

Gilbert Kurtz Pettalia Zorn

Glardon LaFontaine

Nays—46

Ananich Durhal LeBlanc Santana

Barnett Geiss Lindberg Segal

Bauer Greimel Lipton Slavens

Bledsoe Hammel Liss Smiley

Brown Haugh MacMaster Stallworth

Brunner Hobbs McCann Stanley

Byrum Hovey-Wright Meadows Stapleton

Cavanagh Howze Nathan Switalski

Clemente Irwin Oakes Talabi

Constan Jackson Olumba Tlaib

Darany Kandrevas Rutledge Townsend

Dillon Lane

In The Chair: Walsh

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

“An act to provide for and to supplement statutes that provide for the provisions and enforcement of support, health care, and parenting time orders with respect to divorce, separate maintenance, paternity, child custody and support, and spousal support; to prescribe and authorize certain provisions of those orders; to prescribe the powers and duties of the circuit court and friend of the court; to prescribe certain duties of certain employers and other sources of income; to provide for penalties and remedies; and to repeal acts and parts of acts,”

The House agreed to the full title.

______

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 Senate Bill 1001, because it would cause undue hardship on noncustodial parents, who are working and paying towards the financial support of their children. A number of amendments were offered by my colleagues to improve this bill to allow for hardship waivers and to truly limit the maximum amount an employer can charge a child support payer with multiple orders in place. These amendments were defeated.

During difficult economic times, this bill would add more fees for working noncustodial parents, who are paying their child support obligations. Overall, in 2011, Michigan ranked the worst in our region when it comes to the number of people with low wage jobs. Specifically, a 2006 study done by the Urban Institute revealed that 29 percent of the child support obligors reported no wages or unemployment insurance for six quarters. Another 25 percent reported wages between $1 and $10,000. In contrast, only 15 percent of Michigan’s obligors reported wages over $40,000 a year. This data show the necessity a waiver to ensure that these parents do not face undue hardships while meeting their financial obligations to support their children.

Additionally, this bill would unfairly penalize noncustodial parents with children in multiple households, because it would allow for an employer to charge the maximum fee for each order. Over the course of a year, a person with two separate orders would pay nearly $100 in this new fee alone not including the numerous fees already charged by the Friend of the Court.

While I recognize the need to address the employer costs associated with withholding income for child support—an unknown cost—the bill as passed did not do enough to protect the many noncustodial parents, who are working and contributing to their children’s financial support.”

Rep. Segal moved that Rep. Meadows be excused temporarily from today’s session.

The motion prevailed.

House Bill No. 5817, entitled

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

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

Roll Call No. 632 Yeas—107

Agema Genetski LaFontaine Potvin

Ananich Gilbert Lane Price

Barnett Glardon LeBlanc Pscholka

Bauer Goike Lindberg Rendon

Bledsoe Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Constan Horn McMillin Somerville

Cotter Hovey-Wright Moss Stallworth

Crawford Howze Muxlow Stamas

Daley Hughes Nathan Stanley

Damrow Huuki Nesbitt Stapleton

Darany Irwin O’Brien Switalski

Denby Jackson Oakes Talabi

Dillon Jacobsen Olson Tlaib

Durhal Jenkins Olumba Townsend

Farrington Johnson Opsommer Tyler

Forlini Kandrevas Ouimet Walsh

Foster Knollenberg Outman Yonker

Franz Kowall Pettalia Zorn

Geiss Kurtz Poleski

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

Senate Bill No. 402, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5139.

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

Roll Call No. 633 Yeas—56

Bolger Graves Lori Pettalia

Callton Haines Lund Poleski

Cotter Haveman Lyons Price

Crawford Heise MacGregor Pscholka

Daley Hughes McBroom Rendon

Damrow Huuki McMillin Rogers

Denby Jacobsen Moss Schmidt, R.

Forlini Jenkins Muxlow Schmidt, W.

Foster Johnson Nesbitt Shirkey

Franz Knollenberg O’Brien Somerville

Genetski Kowall Olson Stamas

Gilbert LaFontaine Opsommer Tyler

Glardon LeBlanc Ouimet Walsh

Goike Liss Outman Zorn

Nays—52

Agema Dillon Jackson Rutledge

Ananich Durhal Kandrevas Santana

Barnett Farrington Kurtz Segal

Bauer Geiss Lane Slavens

Bledsoe Greimel Lindberg Smiley

Brown Hammel Lipton Stallworth

Brunner Haugh MacMaster Stanley

Bumstead Hobbs McCann Stapleton

Byrum Hooker Meadows Switalski

Cavanagh Horn Nathan Talabi

Clemente Hovey-Wright Oakes Tlaib

Constan Howze Olumba Townsend

Darany Irwin Potvin Yonker

In The Chair: Walsh

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

“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

The House agreed to the full title.

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

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

Senate Bill No. 403, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 309 (MCL 257.309), as amended by 2004 PA 362.

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

Roll Call No. 634 Yeas—57

Ananich Graves Liss Outman

Bolger Greimel Lori Poleski

Callton Haines Lund Price

Cotter Haveman Lyons Pscholka

Crawford Heise MacGregor Rendon

Daley Hughes McBroom Rogers

Damrow Huuki McMillin Schmidt, R.

Denby Jacobsen Moss Schmidt, W.

Forlini Jenkins Muxlow Shirkey

Foster Johnson Nesbitt Somerville

Franz Knollenberg O’Brien Stamas

Genetski Kowall Olson Tyler

Gilbert LaFontaine Opsommer Walsh

Glardon LeBlanc Ouimet Zorn

Goike

Nays—51

Agema Durhal Kurtz Santana

Barnett Farrington Lane Segal

Bauer Geiss Lindberg Slavens

Bledsoe Hammel Lipton Smiley

Brown Haugh MacMaster Stallworth

Brunner Hobbs McCann Stanley

Bumstead Hooker Meadows Stapleton

Byrum Horn Nathan Switalski

Cavanagh Hovey-Wright Oakes Talabi

Clemente Howze Olumba Tlaib

Constan Irwin Pettalia Townsend

Darany Jackson Potvin Yonker

Dillon Kandrevas Rutledge

In The Chair: Walsh

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

“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”

The House agreed to the full title.

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

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

Senate Bill No. 688, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 423 (MCL 750.423).

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

Roll Call No. 635 Yeas—105

Ananich Glardon LeBlanc Potvin

Barnett Goike Lindberg Price

Bauer Graves Lipton Pscholka

Bledsoe Greimel Liss Rendon

Bolger Haines Lori Rogers

Brown Hammel Lund Rutledge

Brunner Haugh Lyons Santana

Bumstead Haveman MacGregor Schmidt, R.

Byrum Heise MacMaster Schmidt, W.

Callton Hobbs McBroom Segal

Cavanagh Horn McCann Shirkey

Clemente Hovey-Wright McMillin Slavens

Constan Howze Meadows Smiley

Cotter 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 Yonker

Geiss Lane Poleski Zorn

Gilbert

Nays—3

Agema Genetski Hooker

In The Chair: Walsh

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

“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”

The House agreed to the full title.

Senate Bill No. 689, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2102 (MCL 600.2102) and by adding chapter 21A.

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

Roll Call No. 636 Yeas—105

Ananich Glardon LeBlanc Potvin

Barnett Goike Lindberg Price

Bauer Graves Lipton Pscholka

Bledsoe Greimel Liss Rendon

Bolger Haines Lori Rogers

Brown Hammel Lund Rutledge

Brunner Haugh Lyons Santana

Bumstead Haveman MacGregor Schmidt, R.

Byrum Heise MacMaster Schmidt, W.

Callton Hobbs McBroom Segal

Cavanagh Horn McCann Shirkey

Clemente Hovey-Wright McMillin Slavens

Constan Howze Meadows Smiley

Cotter 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 Yonker

Geiss Lane Poleski Zorn

Gilbert

Nays—3

Agema Genetski Hooker

In The Chair: Walsh

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

“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”

The House agreed to the full title.

Senate Bill No. 707, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1852 (MCL 600.1852) and by adding chapter 22.

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

Roll Call No. 637 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Olumba Townsend

Forlini Kandrevas Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—0

In The Chair: Walsh

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

The House agreed to the full title.

Senate Bill No. 726, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2005 PA 35.

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

Roll Call No. 638 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Olumba Townsend

Forlini Kandrevas Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—0

In The Chair: Walsh

The question being on agreeing to the title of the bill,

Rep. Stamas moved to amend the title to read as follows:

A bill to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2011 PA 203.

The motion prevailed.

The House agreed to the title as amended.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Opsommer to the Chair.

Senate Bill No. 845, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 4a of chapter IX (MCL 769.4a), as amended by 2006 PA 663.

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

Roll Call No. 639 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Olumba Townsend

Forlini Kandrevas Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—0

In The Chair: Opsommer

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

“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”

The House agreed to the full title.

Senate Bill No. 846, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2011 PA 169.

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

Roll Call No. 640 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Olumba Townsend

Forlini Kandrevas Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—0

In The Chair: Opsommer

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

The House agreed to the full title.

Senate Bill No. 847, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 81 and 81a (MCL 750.81 and 750.81a), as amended by 2001 PA 190.

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

Roll Call No. 641 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Olumba Townsend

Forlini Kandrevas Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—0

In The Chair: Opsommer

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

The House agreed to the full title.

Senate Bill No. 848, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 84 (MCL 750.84).

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

Roll Call No. 642 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Olumba Townsend

Forlini Kandrevas Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—0

In The Chair: Opsommer

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

The House agreed to the full title.

Senate Bill No. 901, entitled

A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 144 (MCL 559.244), as added by 1982 PA 538.

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

Roll Call No. 643 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Olumba Townsend

Forlini Kandrevas Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—0

In The Chair: Opsommer

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

“An act relative to condominiums and condominium projects; to prescribe powers and duties of the administrator; to provide certain protections for certain tenants, senior citizens, and persons with disabilities relating to conversion condominium projects; to provide for escrow arrangements; to provide an exemption from certain property tax increases; to impose duties on certain state departments; to prescribe remedies and penalties; and to repeal acts and parts of acts,”

The House agreed to the full title.

Senate Bill No. 902, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5070 (MCL 600.5070), as added by 2000 PA 419, and by adding section 5037 to chapter 50; 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. 644 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Olumba Townsend

Forlini Kandrevas Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—0

In The Chair: 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 “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 5070 (MCL 600.5070), as added by 2000 PA 419; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Senate Bill No. 903, entitled

A bill to provide for the enforceability of agreements to arbitrate disputes; to provide procedures for the arbitration of disputes; to provide remedies, including remedies for the enforcement of arbitration agreements, rulings, and awards; and to provide immunity from civil liability and testimonial privileges.

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

Roll Call No. 645 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Olumba Townsend

Forlini Kandrevas Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—0

In The Chair: Opsommer

The House agreed to the title of the bill.

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.

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

Roll Call No. 646 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Olumba Townsend

Forlini Kandrevas Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—0

In The Chair: Opsommer

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

The House agreed to the full title.

Senate Bill No. 1056, entitled

A bill to amend 1925 PA 289, entitled “An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,” by amending sections 1a, 2, 2a, 3, 3a, and 8 (MCL 28.241a, 28.242, 28.242a, 28.243, 28.243a, and 28.248), sections 1a and 3a as amended and section 8 as added by 2001 PA 187, section 2 as amended by 2001 PA 203, section 2a as added by 2005 PA 310, and section 3 as amended by 2004 PA 222.

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

Roll Call No. 647 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Olumba Townsend

Forlini Kandrevas Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—0

In The Chair: 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. 564, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106a (MCL 400.106a), as added by 2003 PA 32.

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

Roll Call No. 648 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Olumba Townsend

Forlini Kandrevas Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—0

In The Chair: Opsommer

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

“An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”

The House agreed to the full title.

House Bill No. 5937, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3a, 4, and 4o (MCL 205.93a, 205.94, and 205.94o), section 3a as amended by 2012 PA 299, section 4 as amended by 2008 PA 314, and section 4o as amended by 2010 PA 115.

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

Roll Call No. 649 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Olumba Townsend

Forlini Kandrevas Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—0

In The Chair: 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. 6009, entitled

A bill to establish certain programs that promote the sustainability of land-based industries and support infrastructure that benefits rural communities; to establish a fund and provide for its use; and to prescribe the powers and duties of certain state agencies and officials.

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

Roll Call No. 650 Yeas—61

Agema Graves 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, R.

Damrow Huuki Moss Schmidt, W.

Denby Jacobsen Muxlow Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Gilbert Kurtz Outman Yonker

Glardon LaFontaine Pettalia Zorn

Goike

Nays—47

Ananich Durhal Lane Santana

Barnett Geiss LeBlanc Segal

Bauer Genetski Lindberg Slavens

Bledsoe Greimel Lipton Smiley

Brown Hammel Liss Stallworth

Brunner Haugh McCann Stanley

Byrum Hobbs Meadows Stapleton

Cavanagh Hovey-Wright Nathan Switalski

Clemente Howze Nesbitt Talabi

Constan Irwin Oakes Tlaib

Darany Jackson Olumba Townsend

Dillon Kandrevas Rutledge

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. Stamas moved that Rep. Lori be excused temporarily from today’s session.

The motion prevailed.

House Bill No. 6008, entitled

A bill to levy specific taxes on certain nonferrous metallic minerals on certain taxpayers in this state; to provide for the levy, collection, and administration of the specific tax; to provide certain reporting requirements; to provide for certain penalties; to provide certain exemptions, credits, and refunds; and to provide for the distribution of the specific tax.

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

Roll Call No. 651 Yeas—62

Agema Goike Lund Poleski

Bolger Graves Lyons Potvin

Bumstead Haines MacGregor Price

Callton Haveman MacMaster Pscholka

Cotter Heise McBroom Rendon

Crawford Hooker McMillin Rogers

Daley Horn Moss Schmidt, R.

Damrow Hughes Muxlow Schmidt, W.

Denby Huuki Nesbitt Shirkey

Farrington Jacobsen O’Brien Somerville

Forlini Jenkins Olson Stamas

Foster Johnson Opsommer Tyler

Franz Knollenberg Ouimet Walsh

Genetski Kowall Outman Yonker

Gilbert Kurtz Pettalia Zorn

Glardon LaFontaine

Nays—45

Ananich Durhal Lane Santana

Barnett Geiss LeBlanc Segal

Bauer Greimel Lindberg Slavens

Bledsoe Hammel Lipton Smiley

Brown Haugh Liss Stallworth

Brunner Hobbs McCann Stanley

Byrum Hovey-Wright Meadows Stapleton

Cavanagh Howze Nathan Switalski

Clemente Irwin Oakes Talabi

Constan Jackson Olumba Tlaib

Darany Kandrevas Rutledge Townsend

Dillon

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. 6007, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 24, 25, 27, 34c, and 53 (MCL 211.24, 211.25, 211.27, 211.34c, and 211.53), section 24 as amended by 2002 PA 620, section 27 as amended by 2010 PA 340, section 34c as amended by 2011 PA 320, and section 53 as amended by 1983 PA 24, and by adding sections 7oo, 7pp, and 7qq; 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. 652 Yeas—63

Agema Glardon LaFontaine Poleski

Bolger Goike Lund Potvin

Brown Graves Lyons Price

Bumstead Haines MacGregor Pscholka

Callton Haveman MacMaster Rendon

Cotter Heise McBroom Rogers

Crawford Hooker McMillin Schmidt, R.

Daley Horn Moss Schmidt, W.

Damrow Hughes Muxlow Shirkey

Denby Huuki Nesbitt Somerville

Farrington Jacobsen O’Brien Stamas

Forlini Jenkins Olson Tyler

Foster Johnson Opsommer Walsh

Franz Knollenberg Ouimet Yonker

Genetski Kowall Outman Zorn

Gilbert Kurtz Pettalia

Nays—43

Ananich Durhal Lane Segal

Barnett Geiss LeBlanc Slavens

Bauer Greimel Lindberg Smiley

Bledsoe Hammel Lipton Stallworth

Brunner Haugh Liss Stanley

Byrum Hobbs McCann Stapleton

Cavanagh Hovey-Wright Meadows Switalski

Clemente Howze Nathan Talabi

Constan Irwin Oakes Tlaib

Darany Jackson Rutledge Townsend

Dillon Kandrevas Santana

In The Chair: 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. 6010, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4dd.

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

Roll Call No. 653 Yeas—62

Agema Goike Lund Poleski

Bolger Graves Lyons Potvin

Bumstead Haines MacGregor Price

Callton Haveman MacMaster Pscholka

Cotter Heise McBroom Rendon

Crawford Hooker McMillin Rogers

Daley Horn Moss Schmidt, R.

Damrow Hughes Muxlow Schmidt, W.

Denby Huuki Nesbitt Shirkey

Farrington Jacobsen O’Brien Somerville

Forlini Jenkins Olson Stamas

Foster Johnson Opsommer Tyler

Franz Knollenberg Ouimet Walsh

Genetski Kowall Outman Yonker

Gilbert Kurtz Pettalia Zorn

Glardon LaFontaine

Nays—44

Ananich Dillon Kandrevas Santana

Barnett Durhal Lane Segal

Bauer Geiss LeBlanc Slavens

Bledsoe Greimel Lindberg Smiley

Brown Hammel Lipton Stallworth

Brunner Haugh Liss Stanley

Byrum Hobbs McCann Stapleton

Cavanagh Hovey-Wright Meadows Switalski

Clemente Howze Nathan Talabi

Constan Irwin Oakes Tlaib

Darany Jackson Rutledge Townsend

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.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Education, by Rep. Lyons, Chair, reported

House Bill No. 5776, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1249 and 1249a (MCL 380.1249 and 380.1249a), section 1249 as amended and section 1249a as added by 2011 PA 102.

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. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Yonker and Bumstead

Nays: None

The Committee on Education, by Rep. Lyons, Chair, reported

Senate Bill No. 969, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 101 (MCL 388.1701), as amended by 2012 PA 201.

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. Lyons, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Bumstead, Brown, Howze, Rutledge and Stallworth

Nays: None

The Committee on Education, by Rep. Lyons, Chair, reported

Senate Bill No. 1234, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2012 PA 201.

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. Lyons, Hooker, Crawford, McMillin, Franz, Heise, O’Brien, Price, Yonker, Bumstead, Brown, Howze and Stallworth

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lyons, Chair, of the Committee on Education, was received and read:

Meeting held on: Thursday, November 29, 2012

Present: Reps. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Yonker, Bumstead, Brown, Darany, Howze, Rutledge and Stallworth

Absent: Reps. Shaughnessy, Hobbs and Geiss

Excused: Reps. Shaughnessy, Hobbs and Geiss

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 231, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2841 (MCL 333.2841).

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 321, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3107 (MCL 500.3107), as amended by 1991 PA 191.

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. Walsh, Heise, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter and Graves

Nays: Reps. Meadows, Constan and Irwin

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 380, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13k of chapter XVII (MCL 777.13k), as added by 2002 PA 30.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 2, following line 8, by inserting:

“Enacting section 1. This amendatory act takes effect April 1, 2013.” and renumbering the remaining enacting section.

The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 539, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 5313 and 5433 (MCL 700.5313 and 700.5433), section 5313 as amended by 2000 PA 463, and by adding sections 5202a and 5301a.

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. Walsh, Heise, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 630, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1070 (MCL 600.1070), as added by 2004 PA 224.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 631, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 350a (MCL 750.350a), as amended by 2004 PA 223.

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. Walsh, Heise, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 632, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2004 PA 225.

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. Walsh, Heise, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 633, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 4a of chapter IX (MCL 769.4a), as amended by 2006 PA 663.

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. Walsh, Heise, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Walsh, Chair, reported

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.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Damrow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan, Oakes, Brown and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 933, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” (MCL 418.101 to 418.941) by adding section 315a.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter and Graves

Nays: Reps. Meadows and Irwin

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Walsh, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Thursday, November 29, 2012

Present: Reps. Walsh, Heise, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Absent: Reps. Horn and Olumba

Excused: Reps. Horn and Olumba

______

The Speaker Pro Tempore resumed the Chair.

Third Reading of Bills

House Bill No. 6011, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4aa.

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

Roll Call No. 654 Yeas—62

Agema Goike Lund Poleski

Bolger Graves Lyons Potvin

Bumstead Haines MacGregor Price

Callton Haveman MacMaster Pscholka

Cotter Heise McBroom Rendon

Crawford Hooker McMillin Rogers

Daley Horn Moss Schmidt, R.

Damrow Hughes Muxlow Schmidt, W.

Denby Huuki Nesbitt Shirkey

Farrington Jacobsen O’Brien Somerville

Forlini Jenkins Olson Stamas

Foster Johnson Opsommer Tyler

Franz Knollenberg Ouimet Walsh

Genetski Kowall Outman Yonker

Gilbert Kurtz Pettalia Zorn

Glardon LaFontaine

Nays—44

Ananich Dillon Kandrevas Santana

Barnett Durhal Lane Segal

Bauer Geiss LeBlanc Slavens

Bledsoe Greimel Lindberg Smiley

Brown Hammel Lipton Stallworth

Brunner Haugh Liss Stanley

Byrum Hobbs McCann Stapleton

Cavanagh Hovey-Wright Meadows Switalski

Clemente Howze Nathan Talabi

Constan Irwin Oakes Tlaib

Darany Jackson Rutledge Townsend

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. 6012, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 623 (MCL 206.623), as amended by 2011 PA 312, and by adding section 31b.

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

Roll Call No. 655 Yeas—64

Agema Goike Lund Potvin

Bolger Graves Lyons Price

Bumstead Haines MacGregor Pscholka

Callton Haveman MacMaster Rendon

Cotter Heise McBroom Rogers

Crawford Hooker McMillin Santana

Daley Horn Moss Schmidt, R.

Damrow Hughes Muxlow Schmidt, W.

Denby Huuki Nesbitt Shirkey

Farrington Jacobsen O’Brien Smiley

Forlini Jenkins Olson Somerville

Foster Johnson Opsommer Stamas

Franz Knollenberg Ouimet Tyler

Genetski Kowall Outman Walsh

Gilbert Kurtz Pettalia Yonker

Glardon LaFontaine Poleski Zorn

Nays—42

Ananich Dillon Kandrevas Rutledge

Barnett Durhal Lane Segal

Bauer Geiss LeBlanc Slavens

Bledsoe Greimel Lindberg Stallworth

Brown Hammel Lipton Stanley

Brunner Haugh Liss Stapleton

Byrum Hobbs McCann Switalski

Cavanagh Hovey-Wright Meadows Talabi

Clemente Howze Nathan Tlaib

Constan Irwin Oakes Townsend

Darany 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.

Rep. Stamas moved that Senate Bill No. 1195 be placed on its immediate passage.

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

Senate Bill No. 1195, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 109k.

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

Roll Call No. 656 Yeas—88

Agema Gilbert Lindberg Price

Bauer Glardon Liss Pscholka

Bolger Goike Lund Rendon

Brown Graves Lyons Rogers

Brunner Haines MacGregor Rutledge

Bumstead Haveman MacMaster Santana

Byrum Heise McBroom Schmidt, R.

Callton Hobbs McMillin Schmidt, W.

Cavanagh Hooker Meadows Segal

Constan Horn Moss Shirkey

Cotter Howze Muxlow Slavens

Crawford Hughes Nathan Smiley

Daley Huuki Nesbitt Somerville

Damrow Irwin O’Brien Stallworth

Denby Jackson Oakes Stamas

Dillon Jacobsen Olson Stapleton

Durhal Jenkins Opsommer Talabi

Farrington Johnson Ouimet Townsend

Forlini Knollenberg Outman Tyler

Foster Kowall Pettalia Walsh

Franz Kurtz Poleski Yonker

Genetski LaFontaine Potvin Zorn

Nays—18

Ananich Geiss Kandrevas McCann

Barnett Greimel Lane Stanley

Bledsoe Hammel LeBlanc Switalski

Clemente Haugh Lipton Tlaib

Darany Hovey-Wright

In The Chair: Walsh

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

The House agreed to the full title.

Rep. Stamas moved that Senate Bill No. 1196 be placed on its immediate passage.

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

Senate Bill No. 1196, entitled

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

Roll Call No. 657 Yeas—88

Agema Gilbert Lindberg Price

Bauer Glardon Liss Pscholka

Bolger Goike Lund Rendon

Brown Graves Lyons Rogers

Brunner Haines MacGregor Rutledge

Bumstead Haveman MacMaster Santana

Byrum Heise McBroom Schmidt, R.

Callton Hobbs McMillin Schmidt, W.

Cavanagh Hooker Meadows Segal

Constan Horn Moss Shirkey

Cotter Howze Muxlow Slavens

Crawford Hughes Nathan Smiley

Daley Huuki Nesbitt Somerville

Damrow Irwin O’Brien Stallworth

Denby Jackson Oakes Stamas

Dillon Jacobsen Olson Stapleton

Durhal Jenkins Opsommer Talabi

Farrington Johnson Ouimet Townsend

Forlini Knollenberg Outman Tyler

Foster Kowall Pettalia Walsh

Franz Kurtz Poleski Yonker

Genetski LaFontaine Potvin Zorn

Nays—18

Ananich Geiss Kandrevas McCann

Barnett Greimel Lane Stanley

Bledsoe Hammel LeBlanc Switalski

Clemente Haugh Lipton Tlaib

Darany Hovey-Wright

In The Chair: Walsh

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

“An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,”

The House agreed to the full title.

Rep. Stamas moved that House Bill No. 5881 be placed on its immediate passage.

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

House Bill No. 5881, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2011 PA 264.

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

Roll Call No. 658 Yeas—58

Bolger Haines MacGregor Potvin

Bumstead Haveman MacMaster Price

Callton Heise McBroom Pscholka

Cotter Hooker McMillin Rendon

Crawford Horn Moss Rogers

Daley Hughes Muxlow Schmidt, R.

Damrow Huuki Nesbitt Schmidt, W.

Denby Jacobsen O’Brien Shirkey

Foster Johnson Olson Somerville

Franz Knollenberg Opsommer Stamas

Genetski Kowall Ouimet Tyler

Gilbert Kurtz Outman Walsh

Glardon LaFontaine Pettalia Yonker

Goike Lund Poleski Zorn

Graves Lyons

Nays—48

Agema Dillon Jackson Rutledge

Ananich Durhal Jenkins Santana

Barnett Farrington Kandrevas Segal

Bauer Forlini Lane Slavens

Bledsoe Geiss LeBlanc Smiley

Brown Greimel Lindberg Stallworth

Brunner Hammel Lipton Stanley

Byrum Haugh Liss Stapleton

Cavanagh Hobbs McCann Switalski

Clemente Hovey-Wright Meadows Talabi

Constan Howze Nathan Tlaib

Darany Irwin Oakes Townsend

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Rep. Stamas moved to reconsider the vote by which the House placed House Bill No. 5261 on the order of Third Reading of Bills.

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

Second Reading of Bills

The House returned to the consideration of

House Bill No. 5261, entitled

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

(The bill was considered earlier today, see today’s Journal, p. 2379.)

Rep. Stamas moved to reconsider the vote by which the House did not adopt the amendments offered previously by Rep. Brown.

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

The question being on the adoption of the amendments offered previously by Rep. Brown,

The amendments were 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. 5261, entitled

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

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

Roll Call No. 659 Yeas—105

Ananich Gilbert LaFontaine Potvin

Barnett Glardon Lane Price

Bauer Goike LeBlanc Pscholka

Bledsoe Graves Lindberg Rendon

Bolger Greimel Lipton Rogers

Brown Haines Liss Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Genetski

Nays—1

Agema

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

Senate Bill No. 1039, entitled

A bill to authorize the state administrative board to exchange certain parcels of property in Jackson county; to prescribe certain conditions for the exchange; and to provide for disposition of revenue derived from the exchange.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 1133, entitled

A bill to authorize the state administrative board to convey certain parcels of state-owned property in Washtenaw county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6029, entitled

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

The bill was read a second time.

Rep. Wayne Schmidt moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 6030, entitled

A bill to authorize the state administrative board to convey certain parcels of state-owned property in Ingham, Schoolcraft, and Wayne counties; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; and to provide for disposition of revenue derived from the conveyances.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Senate Bill No. 931, 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. Tlaib moved to amend the bill as follows:

1. Amend page 22, following line 26, by inserting:

“Before- or after-school program............................................................................................ $ 1,000,000”

and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Lipton moved to amend the bill as follows:

1. Amend page 38, following line 20, by inserting:

“Sec. 203. For the state fiscal year ending September 30, 2012, the sum of all unexpended general fund/general purpose appropriation amounts lapsing back to the state general fund shall be appropriated from the general fund and 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. Dillon moved to amend the bill as follows:

1. Amend page 17, following line 12, by inserting:

“School district bilingual grants.............................................................................................. $ 4,200,000”

and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Durhal moved to amend the bill as follows:

1. Amend page 35, line 22, by striking out “(45.0)” and inserting “(55.0)”.

2. Amend page 36, line 15, by striking out “(5.0)” and inserting “(15.0)”.

3. Amend page 36, line 16, by striking out “(2.0)” and inserting “(12.0)”.

4. Amend page 36, line 17, by striking out “(139,000)” and inserting “(10,139,000)” 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. Stamas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 931, entitled

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

Roll Call No. 660 Yeas—62

Agema Goike Lund Poleski

Bolger Graves Lyons Potvin

Bumstead Haines MacGregor Price

Callton Haveman MacMaster Pscholka

Cotter Heise McBroom Rendon

Crawford Hooker McMillin Rogers

Daley Horn Moss Schmidt, R.

Damrow Hughes Muxlow Schmidt, W.

Denby Huuki Nesbitt Shirkey

Farrington Jacobsen O’Brien Somerville

Forlini Jenkins Olson Stamas

Foster Johnson Opsommer Tyler

Franz Knollenberg Ouimet Walsh

Genetski Kowall Outman Yonker

Gilbert Kurtz Pettalia Zorn

Glardon LaFontaine

Nays—45

Ananich Durhal Lane Santana

Barnett Geiss LeBlanc Segal

Bauer Greimel Lindberg Slavens

Bledsoe Hammel Lipton Smiley

Brown Haugh Liss Stallworth

Brunner Hobbs McCann Stanley

Byrum Hovey-Wright Meadows Stapleton

Cavanagh Howze Nathan Switalski

Clemente Irwin Oakes Talabi

Constan Jackson Olumba Tlaib

Darany Kandrevas Rutledge Townsend

Dillon

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, the legislative branch, and the judicial branch for the fiscal year ending September 30, 2012; and to provide for the expenditure of 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.

______

Rep. Stamas moved that Rep. Gilbert be excused temporarily from today’s session.

The motion prevailed.

Rep. Stamas moved that House Bill No. 5926 be placed on its immediate passage.

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

House Bill No. 5926, entitled

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

Roll Call No. 661 Yeas—95

Ananich Geiss LaFontaine Pscholka

Barnett Glardon Lane Rendon

Bauer Graves LeBlanc Rogers

Bledsoe Greimel Lindberg Rutledge

Bolger Haines Lipton Santana

Brown Hammel Liss Schmidt, R.

Brunner Haugh Lund Schmidt, W.

Byrum Haveman Lyons Segal

Callton Heise MacGregor Shirkey

Cavanagh Hobbs McCann Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Stallworth

Cotter Howze Muxlow Stamas

Crawford Hughes Nathan Stanley

Daley Huuki O’Brien Stapleton

Damrow Irwin Oakes Switalski

Darany Jackson Olson Talabi

Denby Jacobsen Opsommer Tlaib

Dillon Jenkins Ouimet Townsend

Durhal Johnson Outman Tyler

Farrington Kandrevas Pettalia Walsh

Forlini Knollenberg Poleski Yonker

Foster Kowall Potvin Zorn

Franz Kurtz Price

Nays—10

Agema Goike McBroom Nesbitt

Bumstead Hooker McMillin Somerville

Genetski MacMaster

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 Speaker laid before the House

House Concurrent Resolution No. 67.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Ferris State University relative to the Ferris State University College of Pharmacy.

(For text of concurrent resolution, see House Journal No. 74, p. 2280.)

(The concurrent resolution was reported by the Committee on Appropriations on November 28.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 662 Yeas—106

Agema Genetski Lane Potvin

Ananich Glardon LeBlanc Price

Barnett Goike Lindberg Pscholka

Bauer Graves Lipton Rendon

Bledsoe Greimel Liss Rogers

Bolger Haines Lund Rutledge

Brown Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Yonker

Franz Kurtz Poleski Zorn

Geiss LaFontaine

Nays—0

In The Chair: Walsh

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Stamas moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Stamas moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 5367.

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

The bill was placed on the order of Second Reading of Bills.

Second Reading of Bills

House Bill No. 5367, entitled

The bill was read a second time.

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. 5367, entitled

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

Roll Call No. 663 Yeas—61

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, R.

Damrow Huuki Muxlow Schmidt, W.

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

Glardon LaFontaine Pettalia Zorn

Goike

Nays—45

Ananich Durhal Lane Santana

Barnett Geiss LeBlanc Segal

Bauer Greimel Lindberg Slavens

Bledsoe Hammel Lipton Smiley

Brown Haugh Liss Stallworth

Brunner Hobbs McCann Stanley

Byrum Hovey-Wright Meadows Stapleton

Cavanagh Howze Nathan Switalski

Clemente Irwin Oakes Talabi

Constan Jackson Olumba Tlaib

Darany Kandrevas Rutledge Townsend

Dillon

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

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, November 29:

House Bill Nos. 6044 6045 6046 6047 6048 6049 6050 6051 6052 6053 6054 6055 6056 6057

6058 6059 6060 6061 6062 6063

The Clerk announced that the following Senate bills had been received on Thursday, November 29:

Senate Bill Nos. 59 353 805 810 811 996 1059 1083 1084 1115 1117 1118 1243 1298

1305 1308 1315 1321 1322 1323 1324 1328 1337 1340 1341 1348 1350 1351

1360

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lund, Chair, of the Committee on Insurance, was received and read:

Meeting held on: Thursday, November 29, 2012

Present: Reps. Lund, Opsommer, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Roy Schmidt, Kandrevas and Hovey-Wright

Absent: Reps. Shaughnessy, Segal, Howze, Geiss and Nathan

Messages from the Senate

House Bill No. 5284, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145d (MCL 750.145d), as amended by 2000 PA 185.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1).

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 59, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices 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 sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5m, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425m, 28.425o, and 28.428), section 1 as amended by 2012 PA 243, section 2a as amended by 2010 PA 210, section 4 as added by 1992 PA 219, sections 5, 5a, 5e, and 5m as added by 2000 PA 381, sections 5b and 8 as amended by 2008 PA 406, sections 5c and 5d as amended by 2002 PA 719, sections 5f, 5k, and 5o as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, and section 5l as amended by 2012 PA 32, and by adding section 5x; and to repeal acts and parts of acts.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Senate Bill No. 353, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625 (MCL 257.625), as amended by 2008 PA 463.

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. 805, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2012 PA 47.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Senate Bill No. 810, entitled

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

The 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. 811, entitled

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

The 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. 996, entitled

A bill to provide for indemnification for livestock killed, injured, or lost as a result of certain wildlife; and to prescribe the powers and duties of certain state agencies and officials.

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. 1059, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7jj and 27a (MCL 211.7jj[1] and 211.27a), section 7jj as added by 2006 PA 378 and section 27a as amended by 2012 PA 47.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Senate Bill No. 1083, entitled

A bill to enhance public safety, protect the environment, and prevent the disruption of vital public services by reducing the incidences of damage to underground facilities caused by excavation or blasting activity by providing notices to facility owners and facility operators before excavation or blasting; to provide for certain notices to affected parties when underground facilities are damaged; to provide for the powers and duties of certain state governmental officers and entities; to allow the promulgation of rules; to prescribe penalties; to allow the imposition of a fee; to provide for immunity for certain individuals; to allow claims for damages against certain governmental entities in certain circumstances; and to repeal acts and parts of acts.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Energy and Technology.

Senate Bill No. 1084, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 7 (MCL 691.1407), as amended by 2005 PA 318.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Energy and Technology.

Senate Bill No. 1115, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 1483, 2959, 6306, and 6307 (MCL 600.1483, 600.2959, 600.6306, and 600.6307), section 1483 as amended by 1993 PA 78, section 2959 as added and section 6306 as amended by 1995 PA 161, and section 6307 as added by 1986 PA 178, and by adding section 6306a.

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. 1117, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2169 and 2912 (MCL 600.2169 and 600.2912), section 2169 as amended by 1993 PA 78.

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. 1118, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2912e, 5852, and 6013 (MCL 600.2912e, 600.5852, and 600.6013), section 2912e as amended by 1993 PA 78, section 5852 as amended by 1988 PA 221, and section 6013 as amended by 2002 PA 77.

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. 1243, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2011 PA 145.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Appropriations.

Senate Bill No. 1298, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 703 (MCL 206.703), as amended by 2012 PA 217.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Senate Bill No. 1305, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2110a, 2111, 2117, 2119, and 2121 (MCL 500.2110a, 500.2111, 500.2117, 500.2119, and 500.2121), section 2110a as added by 1996 PA 514, sections 2111, 2117, and 2121 as amended by 2002 PA 492, and section 2119 as amended by 1980 PA 461.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Insurance.

Senate Bill No. 1308, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2213 (MCL 500.2213), as amended by 2002 PA 707.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Insurance.

Senate Bill No. 1315, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 36 (MCL 791.236), as amended by 2011 PA 165.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Insurance.

Senate Bill No. 1321, entitled

A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” (MCL 338.1051 to 338.1092) by adding section 17a.

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. 1322, entitled

A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending section 9 (MCL 474.109), as amended by 1996 PA 432.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Insurance.

Senate Bill No. 1323, entitled

A bill to amend 1951 PA 35, entitled “An act to authorize intergovernmental contracts between municipal corporations; to authorize any municipal corporation to contract with any person or any municipal corporation to furnish any lawful municipal service to property outside the corporate limits of the first municipal corporation for a consideration; to prescribe certain penalties; to authorize contracts between municipal corporations and with certain nonprofit public transportation corporations to form group self-insurance pools; and to prescribe conditions for the performance of those contracts,” by amending section 9 (MCL 124.9), as added by 1982 PA 138.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Insurance.

Senate Bill No. 1324, entitled

A bill to amend 1965 PA 198, entitled “Motor vehicle accident claims act,” by amending section 2 (MCL 257.1102).

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Insurance.

Senate Bill No. 1328, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11506, 19608, 19612, 20101, 20104, 20114, 20114c, 20114d, 20114e, 20120a, 20120b, 20120c, 20126, 21301b, 21302, 21303, 21304, 21304a, 21304b, 21304c, 21304d, 21307, 21307a, 21308a, 21309a, 21310a, 21311a, 21312a, 21313a, 21315, 21316a, 21319a, 21323a, 21323j, 21323m, 21326, 21332, and 21333 (MCL 324.11506, 324.19608, 324.19612, 324.20101, 324.20104, 324.20114, 324.20114c, 324.20114d, 324.20114e, 324.20120a, 324.20120b, 324.20120c, 324.20126, 324.21301b, 324.21302, 324.21303, 324.21304, 324.21304a, 324.21304b, 324.21304c, 324.21304d, 324.21307, 324.21307a, 324.21308a, 324.21309a, 324.21310a, 324.21311a, 324.21312a, 324.21313a, 324.21315, 324.21316a, 324.21319a, 324.21323a, 324.21323j, 324.21323m, 324.21326, 324.21332, and 324.21333), section 11506 as amended by 2010 PA 345, section 19608 as amended by 2003 PA 252, section 19612 as added by 1998 PA 288, sections 20101 and 20104 as amended by 2010 PA 229, section 20114 as amended by 2010 PA 234, sections 20120a, 20120b, and 20120c as amended and sections 20114c and 20114d as added by 2010 PA 228, section 20114e as amended and sections 21332 and 21333 as added by 2012 PA 109, section 20126 as amended by 2010 PA 227, section 21301b as added by 1996 PA 116, sections 21302 and 21303 as amended by 2012 PA 111, sections 21304a, 21304b, 21307, 21307a, 21309a, 21310a, 21315, and 21316a as amended and sections 21304c, 21304d, 21323a, 21323j, and 21323m as added by 2012 PA 108, sections 21308a, 21311a, and 21312a as amended by 2012 PA 110, sections 21313a and 21319a as amended by 2012 PA 112, and section 21326 as amended by 2012 PA 113, and by adding sections 20114f, 20114g, and 21323n; and to repeal acts and parts of acts.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Insurance.

Senate Bill No. 1337, entitled

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

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Senate Bill No. 1340, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40119 (MCL 324.40119), as amended by 2004 PA 587.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Senate Bill No. 1341, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 73109 and 73110 (MCL 324.73109 and 324.73110), as amended by 1998 PA 546.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Senate Bill No. 1348, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43559 (MCL 324.43559), as amended by 1998 PA 95, and by adding section 1616.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Senate Bill No. 1350, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103, 40118, 43503, and 43507 (MCL 324.40103, 324.40118, 324.43503, and 324.43507), section 40103 as amended by 2000 PA 191, section 40118 as amended by 2000 PA 347, section 43503 as added by 1995 PA 57, and section 43507 as amended by 1996 PA 585, and by adding sections 40110b, 43528b, and 43540e.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Senate Bill No. 1351, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8123 and 8132 (MCL 600.8123 and 600.8132), section 8123 as amended by 2012 PA 37 and section 8132 as amended by 2011 PA 300.

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. 1360, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 8, 59, 84b, and 91a (MCL 38.1308, 38.1359, 38.1384b, and 38.1391a), section 8 as amended and sections 59, 84b, and 91a as added by 2012 PA 300.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Appropriations.

Senate Concurrent Resolution No. 36.

A concurrent resolution to express support for an amendment to the Patient Protection and Affordable Care Act that will allow insurance companies to consider Health Savings Account contributions toward the payment of benefits and premiums in the medical loss ratio calculation.

Whereas, The Patient Protection and Affordable Care Act (PPACA) was enacted in 2010 by the federal government to address multiple issues regarding health care delivery in the United States. The PPACA requires certain health insurers to provide rebates to their customers for each year that the insurers do not meet a set financial target called a medical loss ratio (MLR). The MLR is a measure of the share of health care premium dollars spent on medical benefits compared to company expenses such as overhead or profits. The PPACA provides that insurance companies meet a minimum MLR of 80-85 percent, meaning that 80 to 85 percent of their revenues must be used for payment of claims, or they must rebate the excess to the consumer; and

Whereas, Health Savings Accounts (HSAs) were created by Congress in 2003 to provide consumers with more flexibility and responsibility over their health care spending. Consumers can buy high-deductible health plans (HDHPs) with a low monthly premium amount while saving pretax contributions in an HSA. The funds in the HSA are then used to pay the insurance deductible and other health care-related expenses. Over 13 million consumers purchase health insurance through the use of HDHPs and HSAs; and

Whereas, An unintended consequence of the current MLR regulations imposed under the PPACA will make it financially unsustainable for insurance companies to offer HDHPs. As a result, HSAs will no longer be beneficial for consumers. In exchange for a higher deductible, HDHPs have lower premiums than traditional health plans. The HSA helps the consumer pay for the higher deductible. However, the PPACA’s MLR calculation does not take into account the use of HSAs to pay deductibles. As a result, it will be difficult for insurers offering HDHPs to meet the minimum MLR; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we express support for an amendment to the PPACA that will allow insurance companies to consider HSA contributions toward the payment of benefits and premiums in the MLR calculation; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Michigan Attorney General, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Health Policy.

Introduction of Bills

Rep. Hughes introduced

House Bill No. 6064, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 710h.

The bill was read a first time by its title and referred to the Committee on Transportation.

Rep. McMillin introduced

House Bill No. 6065, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 18107 and 18111 (MCL 333.18107 and 333.18111), section 18107 as amended by 1989 PA 262 and section 18111 as added by 1988 PA 421, and by adding section 18108.

The bill was read a first time by its title and referred to the Committee on Education.

Rep. McMillin introduced

House Bill No. 6066, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68b (MCL 38.68b), as added by 2011 PA 264.

The bill was read a first time by its title and referred to the Committee on Appropriations.

Rep. McMillin introduced

House Bill No. 6067, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 3, 5, 6, 7, 8, 8a, 13, 15, 17, and 18 (MCL 567.223, 567.225, 567.226, 567.227, 567.228, 567.228a, 567.233, 567.235, 567.237, and 567.238), as amended by 2010 PA 197.

The bill was read a first time by its title and referred to the Committee on Commerce.

Rep. McMillin introduced

House Bill No. 6068, entitled

A bill to prohibit certain local units of government from expending funds to hire lobbyists; and to impose certain duties on certain state and local officials.

The bill was read a first time by its title and referred to the Committee on Redistricting and Elections.

Rep. McMillin introduced

House Bill No. 6069, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 6 of chapter V (MCL 765.6), as amended by 2004 PA 167, and by adding section 6e to chapter V; 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. McMillin introduced

House Bill No. 6070, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 204.

The bill was read a first time by its title and referred to the Committee on Health Policy.

Rep. McMillin introduced

House Bill No. 6071, entitled

A bill to amend 1978 PA 59, entitled “Condominium act,” by amending sections 84a and 108 (MCL 559.184a and 559.208), section 84a as amended by 1983 PA 113 and section 108 as amended by 2002 PA 283; and to repeal acts and parts of acts.

The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.

Rep. McMillin introduced

House Bill No. 6072, entitled

A bill to provide for the priority of certain liens in favor of homeowners associations or property owners associations with respect to mortgages.

The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.

Rep. McMillin introduced

House Bill No. 6073, entitled

A bill to create the office of the legislative education ombudsman; to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of education; and to provide remedies from administrative acts.

The bill was read a first time by its title and referred to the Committee on Education.

Rep. McMillin introduced

House Bill No. 6074, entitled

A bill to provide for fair valuation of property in the acquisition or disposition of real property by this state and agencies of this state in transactions with state employees.

The bill was read a first time by its title and referred to the Committee on Appropriations.

Rep. McMillin introduced

House Joint Resolution CCC, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 26 of article IV, to prohibit certain bills from being reported out of committee for 72 hours after introduction and to require that any changes to certain bills be made available to the public for at least 24 hours before passage.

The joint resolution was read a first time by its title and referred to the Committee on Government Operations.

Rep. Hovey-Wright moved that the House adjourn.

The motion prevailed, the time being 7:30 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, December 4, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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