OF THE House of Representativeslegislature.mi.gov › (S(armkqr0sktr32w53zl4tytqm... · Rep....

No. 97STATE OF MICHIGAN

JOURNALOF THE

House of Representatives95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Friday, December 3, 2010.

12:01 a.m.

The House was called to order by Associate Speaker Pro Tempore Scripps.

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

Agema—present Durhal—present Lahti—present Proos—presentAmash—present Ebli—excused LeBlanc—present Roberts—presentAngerer—present Elsenheimer—present Leland—present Rocca—presentBall—present Espinoza—present Lemmons—excused Rogers—presentBarnett—present Geiss—present Lindberg—present Schmidt, R.—presentBauer—present Genetski—present Lipton—present Schmidt, W.—presentBennett—excused Gonzales—present Liss—present Schuitmaker—presentBledsoe—present Green—present Lori—present Scott, B.—excusedBolger—excused Gregory—present Lund—present Scott, P.—presentBooher—present Griffin—present Marleau—present Scripps—presentBrown, L.—present Haase—present Mayes—present Segal—presentBrown, T.—present Haines—present McDowell—present Sheltrown—e/d/sByrnes—present Hammel—present McMillin—present Shirkey—presentByrum—present Hansen—present Meadows—present Slavens—presentCalley—present Haugh—present Meekhof—present Slezak—presentCaul—present Haveman—present Melton—e/d/s Smith—presentClemente—present Hildenbrand—present Meltzer—present Spade—presentConstan—present Horn—present Miller—excused Stamas—presentCorriveau—present Huckleberry—present Moss—present Stanley—presentCrawford—present Jackson—present Nathan—present Switalski—excusedCushingberry—present Johnson—present Nerat—excused Tlaib—presentDaley—present Jones, Rick—present Neumann—present Tyler—presentDean—present Kandrevas—present Oakes—present Valentine—presentDenby—present Kennedy—present Opsommer—present Walsh—presentDeShazor—present Knollenberg—present Pavlov—present Warren—presentDillon—present Kowall—present Pearce—present Womack—presentDonigan—present Kurtz—present Polidori—present Young—present

e/d/s = entered during session

Rep. Tom Pearce, from the 73rd District, offered the following invocation:

“The Shepherds and the Angels:

And there were shepherds living out in the fields nearby, keeping watch over their flocks at night. An angel of the Lord appeared to them, and the glory of the Lord shone around them, and they were terrified. But the angel said to them, ‘Do not be afraid. I bring you good news of great joy that will be for all the people.’

God, Creator of the heavens and the earth, just as the shepherds experienced a new hope that night so many years ago, may any of our citizens of this great state in need of hope also experience it soon. Just as the shepherds were eye witnesses that same morning to the greatest gift ever given, may each of us be reminded of that gift and its meaning in our lives. Just as the shepherds were confused and terrified at all that was happening around in the middle of the night, may we be protected from confusion and give our state the gift of doing no harm in the next few hours. Amen.”

______

Rep. Schuitmaker moved that Rep. Bolger be excused from today’s session. The motion prevailed.

Rep. Roberts moved that Reps. Bennett, Ebli, Lemmons, Miller, Bettie Scott, Switalski and Nerat be excused from today’s session. The motion prevailed.

Second Reading of Bills

Senate Bill No. 1254, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 34b (MCL 400.734b), as amended by 2008 PA 442. The bill was read a second time.

Rep. Amash moved to amend the bill as follows: 1. Amend page 11, line 16, after “if” by striking out “both” and inserting “ALL”. The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor. Rep. Roberts moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Roberts 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 ofThird Reading of Bills

Senate Bill No. 1254, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 34b (MCL 400.734b), as amended by 2008 PA 442. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 562 Yeas—95

Agema Elsenheimer Kurtz RobertsAngerer Espinoza Lahti RoccaBall Geiss LeBlanc Rogers

2076 JOURNAL OF THE HOUSE [December 3, 2010] [No. 97

Barnett Genetski Leland Schmidt, R.Bauer Gonzales Lindberg Schmidt, W.Bledsoe Green Lipton SchuitmakerBooher Gregory Liss Scott, P.Brown, L. Griffin Lori ScrippsBrown, T. Haase Lund SegalByrnes Haines Marleau ShirkeyByrum Hammel Mayes SlavensCaul Hansen McDowell SlezakClemente Haugh Meadows SmithConstan Haveman Meekhof SpadeCorriveau Hildenbrand Meltzer StamasCrawford Horn Moss StanleyCushingberry Huckleberry Nathan TlaibDaley Jackson Neumann TylerDean Johnson Oakes ValentineDenby Jones, Rick Opsommer WalshDeShazor Kandrevas Pavlov WarrenDillon Kennedy Pearce WomackDonigan Knollenberg Polidori YoungDurhal Kowall Proos

Nays—3

Amash Calley McMillin

In The Chair: Scripps

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts,” The House agreed to the full title. Rep. Roberts moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. McMillin, 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: SB1253 - 1255 were discharged from committee tonight without any hearings. These bills are 20 to 30 pages each and each contain numerous pages of changes. They should have gone through the committee process or at least we should have been given a lot more time to review them - although, given the volume of changes and additions, even if we were given many hours to review the bills, there appear to be many questions that would arise and would need significant time and experts to understand the real impacts of the changes (which could and should have occurred in committee).”


Senate Bill No. 1255, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 134a (MCL 330.1134a), as amended by 2008 PA 446. The bill was read a second time.

No. 97] [December 3, 2010] JOURNAL OF THE HOUSE 2077

Rep. Roberts moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Roberts moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Melton entered the House Chambers.

Rep. Melton moved that Rep. Leland be excused temporarily from today’s session. The motion prevailed.


Senate Bill No. 1255, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 134a (MCL 330.1134a), as amended by 2008 PA 446. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Elsenheimer Kurtz RobertsAngerer Espinoza Lahti RoccaBall Geiss LeBlanc RogersBarnett Genetski Lindberg Schmidt, R.Bauer Gonzales Lipton Schmidt, W.Bledsoe Green Liss SchuitmakerBooher Gregory Lori Scott, P.Brown, L. Griffin Lund ScrippsBrown, T. Haase Marleau SegalByrnes Haines Mayes ShirkeyByrum Hammel McDowell SlavensCaul Hansen Meadows SlezakClemente Haugh Meekhof SmithConstan Haveman Melton SpadeCorriveau Hildenbrand Meltzer StamasCrawford Horn Moss StanleyCushingberry Huckleberry Nathan TlaibDaley Jackson Neumann TylerDean Johnson Oakes ValentineDenby Jones, Rick Opsommer WalshDeShazor Kandrevas Pavlov WarrenDillon Kennedy Pearce WomackDonigan Knollenberg Polidori YoungDurhal Kowall Proos

Nays—3

Amash Calley McMillin

In The Chair: Scripps


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. Roberts moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. McMillin, 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: SB1253 - 1255 were discharged from committee tonight without any hearings. These bills are 20 to 30 pages each and each contain numerous pages of changes. They should have gone through the committee process or at least we should have been given a lot more time to review them - although, given the volume of changes and additions, even if we were given many hours to review the bills, there appear to be many questions that would arise and would need significant time and experts to understand the real impacts of the changes (which could and should have occurred in committee).”

______

The Speaker Pro Tempore assumed the Chair.


Senate Bill No. 1396, entitled A bill to amend 1939 PA 141, entitled “Grain dealers act,” by amending section 8 (MCL 285.68), as amended by 2002 PA 80. The bill was read a second time. Rep. Roberts moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Roberts moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Sheltrown entered the House Chambers.


Senate Bill No. 1396, entitled A bill to amend 1939 PA 141, entitled “Grain dealers act,” by amending section 8 (MCL 285.68), as amended by 2002 PA 80. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:



Agema Elsenheimer Lahti RobertsAngerer Espinoza LeBlanc RoccaBall Geiss Leland RogersBarnett Genetski Lindberg Schmidt, R.Bauer Gonzales Lipton Schmidt, W.Bledsoe Green Liss SchuitmakerBooher Gregory Lori Scott, P.Brown, L. Griffin Lund ScrippsBrown, T. Haase Marleau SegalByrnes Haines Mayes SheltrownByrum Hammel McDowell ShirkeyCalley Hansen Meadows SlavensCaul Haugh Meekhof SlezakClemente Haveman Melton SmithConstan Hildenbrand Meltzer SpadeCorriveau Horn Moss StamasCrawford Huckleberry Nathan StanleyCushingberry Jackson Neumann TlaibDaley Johnson Oakes TylerDean Jones, Rick Opsommer ValentineDenby Kandrevas Pavlov WalshDeShazor Kennedy Pearce WarrenDillon Knollenberg Polidori WomackDonigan Kowall Proos YoungDurhal Kurtz

Nays—2

Amash McMillin

In The Chair: Byrnes

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the storage, warehousing, buying, and selling of farm produce within this state; to provide for the licensing, regulation, and bonding of grain dealers; to provide for warehouse receipts, acknowledgment forms, and price later agreements and their use and priority; to provide for the creation of security interests; to provide for certain powers and duties of the department of agriculture and its director; to impose certain duties on insurance companies and sureties; and to provide administrative remedies and penalties for the violation of this act,” The House agreed to the full title. Rep. Roberts moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Senate Bill No. 1397, entitled A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending the title and sections 3, 7, 9, 15, 17, and 21 (MCL 285.313, 285.317, 285.319, 285.325, 285.327, and 285.331), sections 3 and 15 as amended by 2008 PA 140. The bill was read a second time. Rep. Roberts moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed.


Rep. Roberts moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 1397, entitled A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending the title and sections 3, 7, 9, 15, 17, and 21 (MCL 285.313, 285.317, 285.319, 285.325, 285.327, and 285.331), sections 3 and 15 as amended by 2008 PA 140. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Elsenheimer Lahti RobertsAngerer Espinoza LeBlanc RoccaBall Geiss Leland RogersBarnett Genetski Lindberg Schmidt, R.Bauer Gonzales Lipton Schmidt, W.Bledsoe Green Liss SchuitmakerBooher Gregory Lori Scott, P.Brown, L. Griffin Lund ScrippsBrown, T. Haase Marleau SegalByrnes Haines Mayes SheltrownByrum Hammel McDowell ShirkeyCalley Hansen Meadows SlavensCaul Haugh Meekhof SlezakClemente Haveman Melton SmithConstan Hildenbrand Meltzer SpadeCorriveau Horn Moss StamasCrawford Huckleberry Nathan StanleyCushingberry Jackson Neumann TlaibDaley Johnson Oakes TylerDean Jones, Rick Opsommer ValentineDenby Kandrevas Pavlov WalshDeShazor Kennedy Pearce WarrenDillon Knollenberg Polidori WomackDonigan Kowall Proos YoungDurhal Kurtz

Nays—2

Amash McMillin


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide insurance to farm produce producers against losses from the failure of grain dealers; to establish a farm produce insurance authority; to prescribe the powers and duties of the authority and its board; to establish a farm produce insurance fund; to provide for assessments on grain dealers; to prescribe certain powers and duties of certain state agencies and officers; to authorize the promulgation of rules; and to repeal acts and parts of acts,” The House agreed to the full title.


Rep. Roberts 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 ofMotions and Resolutions

Rep. Roberts moved that Rule 42 be suspended. The motion prevailed, 3/5 of the members present voting therefor.

Rep. Roberts moved that the Committee on Government Operations be discharged from further consideration of House Resolution No. 367. The motion prevailed, a majority of the members serving voting therefor.

The Speaker laid before the House House Resolution No. 367. A resolution to urge the United States Postal Service to keep open the Saginaw, Michigan, mail processing and distribution center. (For text of resolution, see House Journal No. 95, p. 1973.) (The resolution was discharged from the Committee on Government Operations on December 3.) The question being on the adoption of the resolution,

Rep. Oakes moved to substitute (H-1) the resolution as follows: Substitute for House Resolution No. 367. A resolution to urge the United States Postal Service to keep open the Saginaw, Michigan, mail processing and distribution center. Whereas, On November 15, 2010, the United States Postal Service concluded an Area Mail Processing (AMP) survey to determine whether or not to consolidate the Saginaw Processing and Distribution Center operations into the Michigan Metroplex in Pontiac, Michigan. The postal service is considering consolidation in order to reduce a budget shortfall for the Greater Michigan Postal District; and Whereas, There are many observers who feel the move to close the Saginaw facility will not bring about a commensurate increase in efficiencies, but will result instead in a deterioration of service. Clearly, every effort must be made to encourage the highest standards of responsiveness to customers; and Whereas, If the consolidation of operations were to occur, nearly 46 positions are expected to be lost or transferred out of the region to other postal facilities. This would have a detrimental impact on the Saginaw economy as well-paying jobs flee the area. In addition, closing the Saginaw mail processing operations will result in a lower standard of service because without the processing center, mail cannot be delivered to this region in an efficient and timely manner; now, therefore, be it Resolved by the House of Representatives, That we urge the United States Postal Service to maintain mail processing services out of Saginaw; and be it further Resolved, That copies of this resolution be transmitted to the United States Postal Service. The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor. The question being on the adoption of the resolution, The resolution was adopted.


Senate Bill No. 1115, entitled A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending sections 103, 207, 208, 256, 257, and 306 (MCL 331.1103, 331.1207, 331.1208, 331.1256, 331.1257, and 331.1306), section 103 as amended and sections 256 and 257 as added by 1988 PA 502 and section 306 as amended by 1998 PA 62, and by adding section 305a. The bill was read a second time.

Rep. Corriveau moved to substitute (H-1) the bill. The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.


Rep. Roberts moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Roberts moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Roberts moved that Reps. Dillon and Sheltrown be excused temporarily from today’s session. The motion prevailed.


Senate Bill No. 1115, entitled A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending sections 103, 207, 208, 256, 257, and 306 (MCL 331.1103, 331.1207, 331.1208, 331.1256, 331.1257, and 331.1306), section 103 as amended and sections 256 and 257 as added by 1988 PA 502 and section 306 as amended by 1998 PA 62, and by adding section 305a. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Espinoza Lahti ProosAmash Geiss LeBlanc RobertsBall Genetski Leland RoccaBarnett Gonzales Lindberg RogersBauer Green Lipton Schmidt, R.Bledsoe Gregory Liss Schmidt, W.Booher Griffin Lori SchuitmakerBrown, L. Haase Lund Scott, P.Brown, T. Haines Marleau ScrippsByrnes Hammel Mayes SegalByrum Hansen McDowell ShirkeyCalley Haugh McMillin SlavensCaul Haveman Meadows SlezakClemente Hildenbrand Meekhof SmithConstan Horn Melton SpadeCorriveau Huckleberry Meltzer StamasCrawford Jackson Moss StanleyCushingberry Johnson Nathan TlaibDaley Jones, Rick Neumann TylerDean Kandrevas Oakes ValentineDenby Kennedy Opsommer WalshDeShazor Knollenberg Pavlov WarrenDonigan Kowall Pearce WomackDurhal Kurtz Polidori YoungElsenheimer

Nays—1

Angerer



Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to authorize certain local governmental units to incorporate municipal health facilities corporations and subsidiary municipal health facilities corporations for establishing, modifying, operating, and managing health services and acquiring, constructing, adding to, repairing, remodeling, renovating, equipping, and re-equipping hospitals and other health care facilities and related purposes; to provide for the application of this act to existing municipal hospitals and for the transfer of ownership of hospital funds and personal property; to validate and ratify the existence, organization, actions, proceedings, and board membership of existing organizations acting as county public hospitals; to provide for the appointment of trustees; to grant certain powers of a public body corporate to health facilities corporations and subsidiary health facilities corporations; to empower certain local governmental units to encumber property for the benefit of, transfer or make property available to, issue bonds to construct facilities to be used by, appropriate funds for, and levy a tax for, municipal health facilities corporations and subsidiary municipal health facilities corporations; to empower certain local governmental units to guarantee obligations of municipal health facilities corporations and subsidiary municipal health facilities corporations and to permit certain local governmental units to pledge their full faith and credit to pay such guaranties; to provide for transfer of ownership or operation of health care facilities and health services to nonprofit health care organizations; to authorize municipal health facilities corporations and subsidiary municipal health facilities corporations to borrow money and issue notes for the purposes of meeting expenses of operation and to issue corporation obligations for the purpose of acquisition, construction, repair, remodeling, equipping or re-equipping of health care facilities and for the refinancing, refunding, or refunding in advance of indebtedness of the municipal health facilities corporations or the subsidiary municipal health facilities corporations or of indebtedness of certain local governmental units undertaken on their behalf; to authorize municipal health facilities corporations and subsidiary municipal health facilities corporations to enter into mortgages, deeds of trust, and other agreements for security which may include provisions for the appointment of receivers; to exempt obligations and property of municipal health facilities corporations and subsidiary municipal health facilities corporations from taxation; and to provide other rights, powers, and duties of municipal health facilities corporations and subsidiary municipal health facilities corporations,” The House agreed to the full title. Rep. Roberts moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.



Rep. Roberts moved that the Committee on Tax Policy be discharged from further consideration of Senate Bill No. 77. The motion prevailed, a majority of the members serving voting therefor. The bill was placed on the order of Second Reading of Bills.


Senate Bill No. 77, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17. The bill was read a second time.

Rep. Geiss moved to substitute (H-1) the bill. The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor. Rep. Roberts moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Roberts moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.



Senate Bill No. 77, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Espinoza Lahti RobertsAmash Geiss LeBlanc RoccaBall Genetski Leland RogersBarnett Gonzales Lindberg Schmidt, R.Bauer Green Lipton Schmidt, W.Bledsoe Gregory Liss SchuitmakerBooher Griffin Lori Scott, P.Brown, L. Haase Lund ScrippsBrown, T. Haines Marleau SegalByrnes Hammel Mayes SheltrownByrum Hansen McDowell ShirkeyCalley Haugh Meadows SlavensCaul Haveman Meekhof SlezakClemente Hildenbrand Melton SmithConstan Horn Meltzer SpadeCorriveau Huckleberry Moss StamasCrawford Jackson Nathan StanleyCushingberry Johnson Neumann TlaibDaley Jones, Rick Oakes TylerDean Kandrevas Opsommer ValentineDenby Kennedy Pavlov WalshDeShazor Knollenberg Pearce WarrenDonigan Kowall Polidori WomackDurhal Kurtz Proos YoungElsenheimer

Nays—2

Angerer McMillin


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. Roberts moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Senate Bill No. 283, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27 (MCL 211.27), as amended by 2003 PA 274. The bill was read a second time.

Rep. Meadows moved to amend the bill as follows: 1. Amend page 6, line 10, by striking out “2008” and inserting “2010”. The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor. Rep. Roberts moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Roberts moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Roberts moved that Rep. Melton be excused temporarily from today’s session. The motion prevailed.


Senate Bill No. 283, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27 (MCL 211.27), as amended by 2003 PA 274. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Espinoza Lindberg Schmidt, R.Ball Geiss Lipton Schmidt, W.Barnett Gonzales Liss SchuitmakerBauer Green Lori ScrippsBledsoe Gregory Marleau SegalBooher Griffin Mayes SheltrownBrown, L. Haase McDowell SlavensBrown, T. Hammel Meadows SlezakByrnes Hansen Meekhof SmithByrum Haugh Nathan SpadeCaul Hildenbrand Neumann StanleyClemente Huckleberry Oakes TlaibConstan Jackson Pearce TylerCorriveau Johnson Polidori ValentineCushingberry Kandrevas Proos WarrenDean Kennedy Roberts Womack


Donigan Lahti Rogers YoungDurhal Leland

Nays—28

Agema Elsenheimer Kowall OpsommerAmash Genetski Kurtz PavlovCalley Haines LeBlanc RoccaCrawford Haveman Lund Scott, P.Daley Horn McMillin ShirkeyDenby Jones, Rick Meltzer StamasDeShazor Knollenberg Moss 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. Roberts moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Terry Brown moved that Rep. Espinoza be excused temporarily from today’s session. The motion prevailed.

By unanimous consent the House returned to the order ofMessages from the Senate

The Speaker laid before the House House Bill No. 4118, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 4a (MCL 722.954a), as added by 1997 PA 172. (The bill was received from the Senate on December 2, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 96, p. 2072.) The question being on concurring in the substitute (S-2) made to the bill by the Senate, The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Elsenheimer Lahti RobertsAmash Geiss LeBlanc Rocca


Angerer Genetski Leland RogersBall Gonzales Lindberg Schmidt, R.Barnett Green Lipton Schmidt, W.Bauer Gregory Liss SchuitmakerBledsoe Griffin Lori Scott, P.Booher Haase Lund ScrippsBrown, L. Haines Marleau SegalBrown, T. Hammel Mayes SheltrownByrnes Hansen McDowell ShirkeyByrum Haugh McMillin SlavensCalley Haveman Meadows SlezakCaul Hildenbrand Meekhof SmithClemente Horn Meltzer SpadeConstan Huckleberry Moss StamasCorriveau Jackson Nathan StanleyCrawford Johnson Neumann TlaibCushingberry Jones, Rick Oakes TylerDaley Kandrevas Opsommer ValentineDean Kennedy Pavlov WalshDenby Knollenberg Pearce WarrenDeShazor Kowall Polidori WomackDonigan Kurtz Proos YoungDurhal

Nays—0


The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

______

Rep. Haveman moved that Rep. Stamas be excused temporarily from today’s session. The motion prevailed.

Rep. Roberts moved that Rep. Leland be excused temporarily from today’s session. The motion prevailed.

The Speaker laid before the House House Bill No. 4918, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI (MCL 771.2), as amended by 2002 PA 666. (The bill was received from the Senate on December 2, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 96, p. 2073.) The question being on concurring in the amendment made to the bill by the Senate, The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal Kurtz RobertsAmash Elsenheimer Lahti Rocca


Angerer Geiss LeBlanc RogersBall Genetski Lindberg Schmidt, R.Barnett Gonzales Lipton Schmidt, W.Bauer Green Liss SchuitmakerBledsoe Gregory Lori Scott, P.Booher Griffin Lund ScrippsBrown, L. Haase Marleau SegalBrown, T. Haines Mayes SheltrownByrnes Hammel McDowell ShirkeyByrum Hansen McMillin SlavensCalley Haugh Meadows SlezakCaul Haveman Meekhof SmithClemente Hildenbrand Meltzer SpadeConstan Horn Moss StanleyCorriveau Huckleberry Nathan TlaibCrawford Jackson Neumann TylerCushingberry Johnson Oakes ValentineDaley Jones, Rick Opsommer WalshDean Kandrevas Pavlov WarrenDenby Kennedy Pearce WomackDeShazor Knollenberg Polidori YoungDonigan Kowall Proos

Nays—0



______

Rep. Pearce moved that Rep. Meltzer be excused temporarily from today’s session. The motion prevailed.

The Speaker laid before the House House Bill No. 4919, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7401 and 7403 (MCL 333.7401 and 333.7403), as amended by 2002 PA 710; and to repeal acts and parts of acts. (The bill was received from the Senate on December 2, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 96, p. 2073.) The question being on concurring in the substitute (S-2) made to the bill by the Senate, The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal Kurtz RobertsAmash Elsenheimer Lahti RoccaAngerer Geiss LeBlanc Rogers


Ball Genetski Leland Schmidt, R.Barnett Gonzales Lindberg Schmidt, W.Bauer Green Lipton SchuitmakerBledsoe Gregory Liss Scott, P.Booher Griffin Lori ScrippsBrown, L. Haase Lund SegalBrown, T. Haines Marleau SheltrownByrnes Hammel Mayes ShirkeyByrum Hansen McDowell SlavensCalley Haugh McMillin SlezakCaul Haveman Meadows SmithClemente Hildenbrand Meekhof SpadeConstan Horn Moss StamasCorriveau Huckleberry Nathan StanleyCrawford Jackson Neumann TlaibCushingberry Johnson Oakes TylerDaley Jones, Rick Opsommer ValentineDean Kandrevas Pavlov WalshDenby Kennedy Pearce WarrenDeShazor Knollenberg Polidori WomackDonigan Kowall Proos Young

Nays—0



The Speaker laid before the House House Bill No. 4920, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2006 PA 167. (The bill was received from the Senate on December 2, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 96, p. 2073.) The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal Kurtz RobertsAmash Elsenheimer Lahti RoccaAngerer Geiss LeBlanc RogersBall Genetski Leland Schmidt, R.Barnett Gonzales Lindberg Schmidt, W.Bauer Green Lipton SchuitmakerBledsoe Gregory Liss Scott, P.Booher Griffin Lori ScrippsBrown, L. Haase Lund SegalBrown, T. Haines Marleau SheltrownByrnes Hammel Mayes Shirkey


Byrum Hansen McDowell SlavensCalley Haugh McMillin SlezakCaul Haveman Meadows SmithClemente Hildenbrand Meekhof SpadeConstan Horn Moss StamasCorriveau Huckleberry Nathan StanleyCrawford Jackson Neumann TlaibCushingberry Johnson Oakes TylerDaley Jones, Rick Opsommer ValentineDean Kandrevas Pavlov WalshDenby Kennedy Pearce WarrenDeShazor Knollenberg Polidori WomackDonigan Kowall Proos Young

Nays—0



The Speaker laid before the House House Bill No. 5287, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 750 (MCL 257.750), as amended by 1988 PA 446. (The bill was received from the Senate on December 2, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 96, p. 2073.) The question being on concurring in the amendment made to the bill by the Senate, The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal Kurtz RobertsAmash Elsenheimer Lahti RoccaAngerer Geiss LeBlanc RogersBall Genetski Leland Schmidt, R.Barnett Gonzales Lindberg Schmidt, W.Bauer Green Liss SchuitmakerBledsoe Gregory Lori Scott, P.Booher Griffin Lund ScrippsBrown, L. Haase Marleau SegalBrown, T. Haines Mayes SheltrownByrnes Hammel McDowell ShirkeyByrum Hansen McMillin SlavensCalley Haugh Meadows SlezakCaul Haveman Meekhof SmithClemente Hildenbrand Melton SpadeConstan Horn Moss StamasCorriveau Huckleberry Nathan StanleyCrawford Jackson Neumann TlaibCushingberry Johnson Oakes TylerDaley Jones, Rick Opsommer Valentine


Dean Kandrevas Pavlov WalshDenby Kennedy Pearce WarrenDeShazor Knollenberg Polidori WomackDonigan Kowall Proos Young

Nays—1

Lipton



______

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

______

Rep. Roberts moved that Rep. Byrnes be excused temporarily from today’s session. The motion prevailed.

The Speaker laid before the House House Bill No. 5566, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2 and 13 (MCL 125.2652 and 125.2663), section 2 as amended by 2007 PA 204 and section 13 as amended by 2007 PA 202. (The bill was received from the Senate on December 2, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 96, p. 2074.) The question being on concurring in the substitute (S-2) made to the bill by the Senate, The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Geiss LeBlanc RoccaBall Gonzales Leland RogersBarnett Green Lindberg Schmidt, R.Bauer Gregory Lipton Schmidt, W.Bledsoe Griffin Liss SchuitmakerBooher Haase Lori ScrippsBrown, L. Haines Lund SegalBrown, T. Hammel Marleau SheltrownByrum Hansen Mayes SlavensCaul Haugh McDowell SlezakClemente Hildenbrand Meadows SmithConstan Horn Melton Spade


Corriveau Huckleberry Moss StamasCrawford Jackson Nathan StanleyCushingberry Johnson Neumann TlaibDean Jones, Rick Oakes TylerDenby Kandrevas Pavlov ValentineDeShazor Kennedy Pearce WalshDonigan Knollenberg Polidori WarrenDurhal Kowall Proos WomackElsenheimer Lahti Roberts Young

Nays—12

Agema Daley Kurtz OpsommerAmash Genetski McMillin Scott, P.Calley Haveman Meekhof Shirkey

In The Chair: Jackson



Senate Bill No. 1320, entitled A bill to authorize the state administrative board to convey certain state-owned property in Mason 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. Spade moved to substitute (H-1) the bill. The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor. Rep. Roberts moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Roberts moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 1320, entitled A bill to authorize the state administrative board to convey certain state-owned property in Mason 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. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Elsenheimer Kowall Schmidt, R.Ball Geiss Lahti Schmidt, W.Barnett Gonzales LeBlanc Schuitmaker


Bauer Green Leland ScrippsBledsoe Gregory Lindberg SegalBooher Griffin Lipton ShirkeyBrown, L. Haase Liss SlavensBrown, T. Haines Lori SlezakByrnes Hammel Marleau SmithByrum Hansen Mayes SpadeCaul Haugh McDowell StamasClemente Haveman Meadows StanleyConstan Hildenbrand Meekhof TlaibCorriveau Horn Melton TylerCrawford Huckleberry Neumann ValentineCushingberry Jackson Oakes WalshDean Johnson Polidori WarrenDeShazor Jones, Rick Roberts WomackDonigan Kandrevas Rocca YoungDurhal Kennedy Rogers

Nays—18

Agema Genetski Moss PearceAmash Knollenberg Nathan ProosCalley Kurtz Opsommer Scott, P.Daley Lund Pavlov SheltrownDenby McMillin


The question being on agreeing to the title of the bill, Rep. Roberts moved to amend the title to read as follows: A bill to authorize the state administrative board to convey certain state-owned property in various 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. The motion prevailed. The House agreed to the title as amended. Rep. Roberts moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.

Notices

I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House passed Senate Bill No. 1320.

Rep. Elsenheimer

By unanimous consent the House returned to the order ofSecond Reading of Bills

Senate Bill No. 223, entitled A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending sections 9, 11, 12, and 12b (MCL 445.69, 445.71, 445.72, and 445.72b), sections 12 and 12b as added by 2006 PA 566, and by adding sections 19, 19a, 19b, and 19c. Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 94, p. 1921), The amendments were not adopted, a majority of the members serving not voting therefor.


Rep. Meadows 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. Roberts moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Roberts moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 223, entitled A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending sections 9, 11, 12, and 12b (MCL 445.69, 445.71, 445.72, and 445.72b), sections 12 and 12b as added by 2006 PA 566, and by adding sections 19, 19a, 19b, and 19c. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Geiss LeBlanc RoccaBall Genetski Leland RogersBarnett Gonzales Lindberg Schmidt, R.Bauer Green Lipton Schmidt, W.Bledsoe Gregory Liss SchuitmakerBooher Griffin Lori Scott, P.Brown, L. Haase Lund ScrippsBrown, T. Haines Marleau SegalByrnes Hammel Mayes SheltrownByrum Hansen McDowell ShirkeyCalley Haugh Meadows SlavensCaul Haveman Meekhof SlezakClemente Hildenbrand Melton SmithConstan Horn Moss SpadeCorriveau Huckleberry Nathan StamasCrawford Jackson Neumann StanleyCushingberry Johnson Oakes TlaibDaley Jones, Rick Opsommer TylerDean Kandrevas Pavlov ValentineDenby Kennedy Pearce WalshDeShazor Knollenberg Polidori WarrenDonigan Kowall Proos WomackDurhal Kurtz Roberts YoungElsenheimer Lahti

Nays—3

Agema Amash McMillin


The question being on agreeing to the title of the bill, Rep. Roberts moved to amend the title to read as follows: A bill to amend 2004 PA 452, entitled “An act to prohibit certain acts and practices concerning identity theft; to require notification of a security breach of a database that contains certain personal information; to provide for the powers and


duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 9, 11, 12, and 12b (MCL 445.69, 445.71, 445.72, and 445.72b), sections 12 and 12b as added by 2006 PA 566, and by adding section 19. The motion prevailed. The House agreed to the title as amended. Rep. Roberts moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Senate Bill No. 225, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 10c of chapter II (MCL 762.10c), as added by 2004 PA 453. Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 94, p. 1922), The amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Meadows moved to substitute (H-1) the bill. The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor. Rep. Roberts moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Roberts moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 225, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 10c of chapter II (MCL 762.10c), as added by 2004 PA 453. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Elsenheimer Lahti RoccaAngerer Geiss LeBlanc RogersBall Genetski Leland Schmidt, R.Barnett Gonzales Lindberg Schmidt, W.Bauer Green Lipton SchuitmakerBledsoe Gregory Liss Scott, P.Booher Griffin Lori ScrippsBrown, L. Haase Lund SegalBrown, T. Haines Marleau SheltrownByrnes Hammel Mayes ShirkeyByrum Hansen McDowell SlavensCalley Haugh Meadows SlezakCaul Haveman Meekhof SmithClemente Hildenbrand Melton SpadeConstan Horn Moss StamasCorriveau Huckleberry Nathan StanleyCrawford Jackson Neumann TlaibCushingberry Johnson Oakes TylerDaley Jones, Rick Opsommer ValentineDean Kandrevas Pavlov WalshDenby Kennedy Pearce Warren


DeShazor Knollenberg Polidori WomackDonigan Kowall Proos YoungDurhal Kurtz Roberts

Nays—2

Amash McMillin


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. Rep. Roberts moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.



Rep. Roberts moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No. 1150. The motion prevailed, a majority of the members serving voting therefor. The bill was placed on the order of Second Reading of Bills.


Senate Bill No. 1150, entitled A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of management and budget and the state administrative board. The bill was read a second time.


Rep. Lahti 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. Lahti moved to amend the bill as follows: 1. Amend page 8, line 11, by striking out all of section 105 and adjusting the subtotals, totals, and section 201 accordingly. The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Smith moved to amend the bill as follows: 1. Amend page 3, following line 7, by inserting:

“Eastern Michigan University - Strong hall renovation - for program and planning to be paid for from university resources (estimated total authorized cost $38,000,000; state share $28,500,000; university share $9,500,000)………………………. .............................................. 100”

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. Johnson moved to amend the bill as follows: 1. Amend page 7, following line 5, by inserting:

“Wayne County Community College - eastern campus facility upgrade and site redevelopment project - for program and planning to be paid for from community college resources (estimated total authorized cost $16,000,000; state share $8,000,000; community college share $8,000,000)………. ............................................................................................... 100”


Rep. Melton moved to amend the bill as follows: 1. Amend page 7, following line 5, by inserting:

“Oakland Community College - interior renovation/building addition - building A - Auburn Hills campus - for program and planning to be paid for from community college resources (estimated total authorized cost $32,065,000; state share $16,032,500; community college share $16,032,500)……………....................................................................................... 100”


Rep. Warren moved to amend the bill as follows: 1. Amend page 7, following line 5, by inserting:

“Washtenaw Community College - campus renovation projects - for program and planning to be paid for from community college resources (estimated total authorized cost $6,000,000; state share $3,000,000; community college share $3,000,000)……………………. ................... 100”

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. Roberts moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Roberts moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 1150, entitled A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide


for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of management and budget and the state administrative board. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Donigan LeBlanc Schmidt, R.Barnett Durhal Leland ScrippsBauer Geiss Lindberg SegalBledsoe Gonzales Lipton SheltrownBooher Gregory Liss SlavensBrown, L. Haase Mayes SlezakBrown, T. Hammel McDowell SmithByrnes Haugh Meadows SpadeByrum Huckleberry Melton StanleyCaul Jackson Nathan TlaibClemente Johnson Neumann ValentineConstan Kandrevas Oakes WarrenCorriveau Kennedy Polidori WomackCushingberry Lahti Roberts YoungDean

Nays—38

Agema Haines Lund RoccaAmash Hansen Marleau RogersBall Haveman McMillin Schmidt, W.Calley Hildenbrand Meekhof SchuitmakerCrawford Horn Moss Scott, P.Daley Jones, Rick Opsommer ShirkeyDenby Knollenberg Pavlov StamasElsenheimer Kowall Pearce TylerGenetski Kurtz Proos WalshGreen Lori


The House agreed to the title of the bill.

______

The Speaker Pro Tempore resumed the Chair.


Rep. Roberts moved that Rule 42 be suspended so that the Committee on Tax Policy can be discharged from further consideration of Senate Bill No. 1527. The motion prevailed, 3/5 of the members present voting therefor.


Notices

I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House passed Senate Bill No. 1150.

Rep. Lahti

By unanimous consent the House returned to the order ofSecond Reading of Bills

Senate Bill No. 1558, entitled A bill to authorize the state administrative board to convey certain state-owned property in Genesee 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. Roberts moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Roberts moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 1558, entitled A bill to authorize the state administrative board to convey certain state-owned property in Genesee 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. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Elsenheimer Lahti RobertsAngerer Geiss LeBlanc RoccaBall Genetski Leland RogersBarnett Gonzales Lindberg Schmidt, R.Bauer Green Lipton Schmidt, W.Bledsoe Gregory Liss SchuitmakerBooher Haase Lori Scott, P.Brown, L. Haines Lund ScrippsBrown, T. Hammel Marleau SegalByrnes Hansen Mayes SheltrownByrum Haugh McDowell ShirkeyCalley Haveman Meadows SlavensCaul Hildenbrand Meekhof SlezakClemente Horn Melton SmithConstan Huckleberry Moss SpadeCorriveau Jackson Nathan StamasCrawford Johnson Neumann StanleyCushingberry Jones, Rick Oakes TlaibDaley Kandrevas Opsommer TylerDean Kennedy Pavlov ValentineDenby Knollenberg Pearce WalshDonigan Kowall Polidori WarrenDurhal Kurtz Proos Young


Nays—3

Amash McMillin Womack


The House agreed to the title of the bill. Rep. Roberts moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


House Bill No. 5858, entitled A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of management and budget and the state administrative board. The Senate has substituted (S-1) the bill. The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect. The Speaker announced that pursuant to Rule 42, the bill was laid over one day. Rep. Roberts moved that Rule 42 be suspended. The motion prevailed, 3/5 of the members present voting therefor. The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Reps. Schuitmaker, DeShazor, Bolger and Cushingberry moved to amend the Senate substitute (S-1) as follows: 1. Amend page 6, following line 5, by inserting:

“Kalamazoo Valley Community College - Robert B. Jones culinary institute at arcadia commons campus - for program and planning to be paid for from community college resources (estimated total authorized cost $13,000,000; state share $6,500,000;community college share $6,500,000) ........................................................................................ 100”


Rep. Hansen moved to amend the Senate substitute (S-1) as follows: 1. Amend page 6, following line 22, by inserting:

“Muskegon Community College - art/media education center - for program and planning to be paid for from community college resources (estimated total authorized cost $7,500,000; state share $3,750,000; community college share $3,750,000) ................................................... 100”


Rep. Haveman moved to amend the Senate substitute (S-1) as follows: 1. Amend page 16, following line 2, by inserting: “Sec. 607. (1) Except as otherwise provided by law, a state agency, university, or community college shall not enter into a contract for the construction, repair, remodeling, or demolition of a facility if the contract contains 1 or more of the following: (a) A term that prohibits bidders, contractors, or subcontractors from entering into agreements with a collective bargaining organization relating to that construction project or other related construction projects.


(b) A term that requires bidders, contractors, or subcontractors to enter into or adhere to agreements with a collective bargaining organization relating to that construction project or other related construction projects. (c) A term that discriminates against a bidder, contractor, or subcontractor based on the bidder’s, contractor’s, or subcontractor’s status as a party or nonparty to, or the bidder’s, contractor’s, or subcontractor’s willingness or refusal to enter into, an agreement with a collective bargaining organization relating to that construction project or other related construction projects. (2) A construction manager acting on behalf of a state agency, university, or community college shall not place any of the terms identified in subsection (1) in bid specifications, project agreements, or other controlling documents relating to the construction, repair, remodeling, or demolition of a facility.”. The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Rick Jones moved to amend the Senate substitute (S-1) as follows: 1. Amend page 7, line 27, after “police –” by striking out “Detroit crime lab” and inserting “Jennifer Granholm crime lab”. The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor. The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Dean Lahti RobertsBarnett Donigan LeBlanc RoccaBauer Durhal Leland Schmidt, R.Bledsoe Geiss Lindberg ScrippsBooher Gonzales Lipton SegalBrown, L. Gregory Liss SheltrownBrown, T. Haase Mayes SlavensByrnes Hammel McDowell SmithByrum Haugh Meadows StanleyCaul Huckleberry Melton TlaibClemente Jackson Nathan ValentineConstan Johnson Neumann WarrenCorriveau Kandrevas Oakes WomackCushingberry Kennedy Polidori Young

Nays—38

Agema Haines Lund RogersAmash Hansen Marleau Schmidt, W.Ball Haveman McMillin SchuitmakerCalley Hildenbrand Meekhof Scott, P.Crawford Horn Moss ShirkeyDaley Jones, Rick Opsommer SpadeDenby Knollenberg Pavlov StamasElsenheimer Kowall Pearce TylerGenetski Kurtz Proos WalshGreen Lori



Notices

I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House concurred in House Bill No. 5858.

Rep. Roberts


The Speaker laid before the House House Bill No. 5887, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11d, 11m, 11p, 22a, 51a, and 56 (MCL 388.1611, 388.1611d, 388.1611m, 388.1611p, 388.1622a, 388.1651a, and 388.1656), section 11 as amended by 2010 PA 204, sections 11d, 11m, 22a, 51a, and 56 as amended by 2010 PA 110, and section 11p as added by 2010 PA 205, and by adding section 152a. (The bill was received from the Senate on December 1, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 2, see House Journal No. 95, p. 1984.) The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Genetski Lindberg RoccaAmash Gonzales Lipton RogersAngerer Gregory Liss Schmidt, R.Ball Haase Lori Schmidt, W.Bauer Haines Lund SchuitmakerBledsoe Hammel Marleau Scott, P.Booher Hansen Mayes ScrippsBrown, T. Haugh McDowell SegalByrnes Haveman McMillin SheltrownByrum Hildenbrand Meadows ShirkeyCalley Horn Meekhof SlavensCaul Huckleberry Melton SlezakClemente Jackson Moss SmithConstan Johnson Nathan SpadeCorriveau Jones, Rick Neumann StamasCrawford Kandrevas Oakes StanleyCushingberry Kennedy Opsommer TlaibDaley Knollenberg Pavlov TylerDean Kowall Pearce ValentineDenby Kurtz Polidori WalshDonigan Lahti Proos WarrenDurhal LeBlanc Roberts WomackElsenheimer Leland

Nays—5

Barnett Geiss Green YoungBrown, L.





Rep. Roberts moved that the Committee on Tax Policy be discharged from further consideration of Senate Bill No. 1527. The motion prevailed, a majority of the members serving voting therefor. The bill was placed on the order of Second Reading of Bills.


Senate Bill No. 1527, entitled A bill to amend 1933 PA 62, entitled “Property tax limitation act,” by amending section 5i (MCL 211.205i), as amended by 2004 PA 391. The bill was read a second time. Rep. Roberts moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Roberts moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 1527, entitled A bill to amend 1933 PA 62, entitled “Property tax limitation act,” by amending section 5i (MCL 211.205i), as amended by 2004 PA 391. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Geiss LeBlanc RogersBall Gonzales Leland Schmidt, R.Barnett Green Lindberg Schmidt, W.Bauer Gregory Lipton ScrippsBledsoe Haase Liss SegalBooher Haines Lori SheltrownBrown, L. Hammel Marleau SlavensBrown, T. Hansen Mayes SlezakByrnes Haugh McDowell SmithByrum Haveman Meadows SpadeCaul Hildenbrand Meekhof StamasClemente Huckleberry Melton StanleyConstan Jackson Nathan TlaibCorriveau Johnson Neumann ValentineCrawford Jones, Rick Oakes WalshCushingberry Kandrevas Polidori WarrenDean Kennedy Proos WomackDonigan Kowall Roberts YoungDurhal Lahti


Nays—21

Agema Genetski McMillin RoccaAmash Horn Moss SchuitmakerCalley Knollenberg Opsommer Scott, P.Daley Kurtz Pavlov ShirkeyDenby Lund Pearce TylerElsenheimer


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide limits on the rate of taxation on property; to provide for a division of the rate of taxation between counties, townships, municipal corporations, intermediate school districts, and other local units; to earmark funds raised by increasing the total tax limitation; to prescribe penalties and provide remedies; and to repeal all acts and parts of acts and charters and parts of charters of municipal corporations inconsistent with or contravening the provisions of this act,” The House agreed to the full title. Rep. Roberts moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


House Bill No. 5033, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5838a and 5851 (MCL 600.5838a and 600.5851), section 5838a as amended by 1993 PA 78 and section 5851 as amended by 1993 PA 283. The Senate has substituted (S-2) the bill. The Senate has passed the bill as substituted (S-2) and amended 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 sections 2431, 5838a, and 5851 (MCL 600.2431, 600.5838a, and 600.5851), section 5838a as amended by 1993 PA 78 and section 5851 as amended by 1993 PA 283, and by adding section 177; and to repeal acts and parts of acts. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5346, entitled A bill to encourage the creation of next Michigan development corporations by interlocal agreement and to prescribe their powers and duties; to foster economic opportunities in this state and prevent conditions of unemployment and underemployment and to promote economic growth; to provide for the designation of next Michigan development districts and next Michigan development businesses; and to prescribe the powers and duties of certain state and local departments, entities, and officials. The Senate has substituted (S-1) the bill. The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect. The Speaker announced that pursuant to Rule 42, the bill was laid over one day. Rep. Roberts moved that Rule 42 be suspended. The motion prevailed, 3/5 of the members present voting therefor. The question being on concurring in the (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:



Angerer Geiss Lahti RoccaBall Gonzales LeBlanc RogersBarnett Green Leland Schmidt, R.Bauer Gregory Lindberg Schmidt, W.Bledsoe Haase Lipton SchuitmakerBooher Haines Liss ScrippsBrown, L. Hammel Lori SegalBrown, T. Hansen Marleau SheltrownByrnes Haugh Mayes SlavensByrum Haveman McDowell SlezakCaul Hildenbrand Meadows SmithClemente Horn Melton SpadeConstan Huckleberry Moss StamasCorriveau Jackson Nathan StanleyCrawford Johnson Neumann TlaibCushingberry Jones, Rick Oakes TylerDean Kandrevas Pavlov ValentineDenby Kennedy Pearce WalshDonigan Knollenberg Polidori WarrenDurhal Kowall Proos WomackElsenheimer Kurtz Roberts Young

Nays—11

Agema Daley McMillin Scott, P.Amash Genetski Meekhof ShirkeyCalley Lund Opsommer


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

House Bill No. 5821, entitled A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 6 (MCL 408.476), as amended by 2004 PA 534. The Senate has substituted (S-1) the bill. The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect. The Speaker announced that pursuant to Rule 42, the bill was laid over one day. Rep. Roberts moved that Rule 42 be suspended. The motion prevailed, 3/5 of the members present voting therefor. The question being on concurring in the (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Amash Geiss LeBlanc RoccaAngerer Gonzales Leland Rogers


Ball Green Lindberg Schmidt, R.Bauer Gregory Lipton Schmidt, W.Bledsoe Haase Liss SchuitmakerBooher Haines Lori ScrippsBrown, T. Hammel Lund SegalByrnes Haugh Marleau SheltrownByrum Haveman Mayes SlavensCaul Hildenbrand McDowell SlezakClemente Horn Meadows SmithConstan Huckleberry Meekhof SpadeCorriveau Jackson Melton StamasCrawford Johnson Moss TlaibCushingberry Jones, Rick Neumann TylerDaley Kandrevas Oakes ValentineDean Kennedy Pavlov WalshDenby Knollenberg Polidori WarrenDonigan Kowall Proos WomackDurhal Lahti Roberts YoungElsenheimer

Nays—14

Agema Genetski Nathan Scott, P.Barnett Hansen Opsommer ShirkeyBrown, L. Kurtz Pearce StanleyCalley McMillin


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

______

Rep. Pearce moved that Rep. Rocca be excused temporarily from today’s session. The motion prevailed.

House Bill No. 5349, entitled A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 3 and 10 (MCL 125.2683 and 125.2690), section 3 as amended by 2008 PA 217 and section 10 as amended by 2008 PA 242, and by adding section 8g. The Senate has substituted (S-4) the bill. The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1996 PA 376, entitled “An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,” by amending sections 3, 6, 8a, and 10 (MCL 125.2683, 125.2686, 125.2688a, and 125.2690), section 3 as amended by 2010 PA 64, sections 6 and 10 as amended by 2008 PA 242, and section 8a as amended by 2008 PA 116, and by adding section 8h.


The Speaker announced that pursuant to Rule 42, the bill was laid over one day. Rep. Melton moved that Rule 42 be suspended. The motion prevailed, 3/5 of the members present voting therefor. The question being on concurring in the (S-4) made to the bill by the Senate, The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Gonzales Leland Schmidt, R.Ball Green Lindberg Schmidt, W.Bauer Gregory Lipton SchuitmakerBledsoe Haase Liss ScrippsBooher Haines Lori SegalBrown, T. Hammel Marleau SheltrownByrnes Hansen Mayes SlavensByrum Haugh McDowell SlezakCaul Haveman Meadows SmithClemente Hildenbrand Melton SpadeConstan Horn Moss StamasCorriveau Huckleberry Nathan StanleyCrawford Jackson Neumann TlaibCushingberry Johnson Oakes TylerDean Jones, Rick Opsommer ValentineDenby Kandrevas Pavlov WalshDonigan Kennedy Pearce WarrenDurhal Knollenberg Polidori WomackElsenheimer Lahti Proos YoungGeiss LeBlanc Roberts

Nays—15

Agema Calley Kurtz RogersAmash Daley Lund Scott, P.Barnett Genetski McMillin ShirkeyBrown, L. Kowall Meekhof


The House agreed to the title as amended. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5267, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3240 (MCL 600.3240), as amended by 2006 PA 579. The Senate has substituted (S-1) the bill. The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The Speaker announced that pursuant to Rule 42, the bill was laid over one day. Rep. Melton moved that Rule 42 be suspended. The motion prevailed, 3/5 of the members present voting therefor. The question being on concurring in the (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:



Angerer Durhal LeBlanc RobertsBall Geiss Leland Schmidt, R.Barnett Gonzales Lindberg Scott, P.Bauer Gregory Lipton ScrippsBledsoe Haase Liss SegalBrown, L. Haines Lund SheltrownBrown, T. Hammel Marleau SlavensByrnes Haugh Mayes SlezakByrum Huckleberry McDowell SmithClemente Jackson Meadows SpadeConstan Johnson Melton StanleyCorriveau Kandrevas Moss TlaibCrawford Kennedy Nathan ValentineCushingberry Knollenberg Neumann WarrenDean Kowall Oakes WomackDenby Lahti Polidori YoungDonigan

Nays—29

Agema Green Lori RogersAmash Hansen McMillin Schmidt, W.Booher Haveman Meekhof SchuitmakerCalley Hildenbrand Opsommer ShirkeyCaul Horn Pavlov StamasDaley Jones, Rick Pearce TylerElsenheimer Kurtz Proos WalshGenetski



______

Rep. McDowell moved that Rep. Lahti be excused temporarily from today’s session. The motion prevailed.

House Bill No. 5550, entitled A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 611 (MCL 141.2611), as amended by 2002 PA 500. The Senate has substituted (S-2) the bill. The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The Speaker announced that pursuant to Rule 42, the bill was laid over one day. Rep. Melton moved that Rule 42 be suspended. The motion prevailed, 3/5 of the members present voting therefor. The question being on concurring in the (S-2) made to the bill by the Senate, The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:



Angerer Geiss Lindberg Schmidt, R.Ball Gonzales Lipton Schmidt, W.Barnett Green Liss SchuitmakerBauer Gregory Lori Scott, P.Bledsoe Haase Marleau ScrippsBooher Haines Mayes SegalBrown, L. Hammel McDowell SheltrownBrown, T. Hansen Meadows ShirkeyByrnes Haugh Meekhof SlavensByrum Haveman Melton SlezakCaul Hildenbrand Moss SmithClemente Horn Nathan SpadeConstan Huckleberry Neumann StamasCorriveau Jackson Oakes StanleyCrawford Johnson Opsommer TlaibCushingberry Kandrevas Pavlov TylerDaley Kennedy Pearce ValentineDean Knollenberg Polidori WalshDenby Kowall Proos WarrenDonigan Kurtz Roberts WomackDurhal LeBlanc Rogers YoungElsenheimer Leland

Nays—7

Agema Calley Jones, Rick McMillinAmash Genetski Lund



______

Rep. Melton moved that Rep. Cushingberry be excused temporarily from today’s session. The motion prevailed.

House Bill No. 6026, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7403a. The Senate has amended the bill as follows: 1. Amend page 2, line 9, after “IN” by striking out “SUBDIVISION (B) AND”. 2. Amend page 2, line 10, after “A” by striking out “MISDEMEANOR” and inserting “FELONY”. 3. Amend page 2, line 11, after the first “THAN” by striking out “90 DAYS” and inserting “4 YEARS”. 4. Amend page 2, line 11, after the second “THAN” by striking out “$500.00” and inserting “$5000.00”. 5. Amend page 2, line 13, by striking out all of subdivision (B). The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.


The Speaker announced that pursuant to Rule 42, the bill was laid over one day. Rep. Melton moved that Rule 42 be suspended. The motion prevailed, 3/5 of the members present voting therefor. The question being on concurring in the amendments made to the bill by the Senate, The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Gonzales LeBlanc Schmidt, W.Ball Green Leland SchuitmakerBauer Haase Lindberg ScrippsBooher Hammel Lipton SegalBrown, L. Hansen Liss SheltrownBrown, T. Haugh Lori SlavensByrnes Haveman Mayes SlezakByrum Hildenbrand McDowell SmithClemente Huckleberry Meadows SpadeConstan Jackson Melton StanleyCorriveau Johnson Nathan TlaibDean Jones, Rick Neumann ValentineDonigan Kandrevas Oakes WarrenDurhal Kennedy Polidori WomackElsenheimer Lahti Roberts YoungGeiss

Nays—32

Agema Denby Lund ProosAmash Genetski Marleau RogersBarnett Gregory McMillin Schmidt, R.Bledsoe Haines Meekhof Scott, P.Calley Horn Moss ShirkeyCaul Knollenberg Opsommer StamasCrawford Kowall Pavlov TylerDaley Kurtz Pearce Walsh




Rep. Melton moved that Rule 42 be suspended. The motion prevailed, 3/5 of the members present voting therefor.

Rep. Melton moved that the Committee on Transportation be discharged from further consideration of Senate Bill No. 266. The motion prevailed, a majority of the members serving voting therefor. The bill was placed on the order of Second Reading of Bills.



Senate Bill No. 266, entitled A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending section 18a (MCL 252.318a), as amended by 2006 PA 448. The bill was read a second time. Rep. Melton moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Melton moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 266, entitled A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending section 18a (MCL 252.318a), as amended by 2006 PA 448. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal LeBlanc ProosAngerer Geiss Leland RobertsBall Gonzales Lindberg RogersBarnett Green Lipton Schmidt, R.Bauer Gregory Liss Schmidt, W.Bledsoe Haase Lori SchuitmakerBooher Haines Lund ScrippsBrown, L. Hammel Marleau SegalBrown, T. Hansen Mayes SheltrownByrnes Haugh McDowell SlavensByrum Haveman McMillin SlezakCalley Hildenbrand Meekhof SmithCaul Horn Melton SpadeClemente Huckleberry Moss StamasConstan Jackson Nathan StanleyCorriveau Johnson Neumann TlaibCrawford Jones, Rick Oakes TylerCushingberry Kennedy Opsommer ValentineDaley Knollenberg Pavlov WalshDean Kowall Pearce WomackDenby Kurtz Polidori YoungDonigan Lahti

Nays—8

Amash Genetski Meadows ShirkeyElsenheimer Kandrevas Scott, P. Warren



Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the licensing, regulation, control, and prohibition of outdoor advertising adjacent to certain roads and highways; to prescribe powers and duties of certain state agencies and officials; to promulgate rules; to provide remedies and prescribe penalties for violations; and to repeal acts and parts of acts,” The House agreed to the full title. Rep. Melton moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.



Rep. Melton moved that the Committee on Tax Policy be discharged from further consideration of Senate Bill No. 192. The motion prevailed, a majority of the members serving voting therefor. The bill was placed on the order of Second Reading of Bills.


Senate Bill No. 192, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), as amended by 2008 PA 472. The bill was read a second time.

Rep. Corriveau moved to substitute (H-1) the bill. The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor. Rep. Melton moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Melton moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 192, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), as amended by 2008 PA 472. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal Kandrevas PolidoriAngerer Elsenheimer Knollenberg ProosBall Geiss Kowall RobertsBarnett Genetski Lahti RogersBledsoe Gonzales LeBlanc Schmidt, R.Booher Green Lipton Schmidt, W.Brown, L. Gregory Liss SchuitmakerBrown, T. Haase Lund ScrippsByrnes Haines Marleau SegalByrum Hammel Mayes ShirkeyCaul Hansen McDowell Slavens


Clemente Haugh Meadows SlezakConstan Haveman Meekhof SpadeCorriveau Hildenbrand Melton StamasCrawford Horn Moss StanleyCushingberry Huckleberry Nathan TylerDean Jackson Oakes ValentineDenby Johnson Pavlov WalshDonigan Jones, Rick Pearce Womack

Nays—18

Amash Kurtz Neumann SmithBauer Leland Opsommer TlaibCalley Lindberg Scott, P. WarrenDaley Lori Sheltrown YoungKennedy McMillin


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” The House agreed to the full title. Rep. Melton moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.



Rep. Melton moved that the Committee on Transportation be discharged from further consideration of Senate Bill No. 879. The motion prevailed, a majority of the members serving voting therefor. The bill was placed on the order of Second Reading of Bills.


Senate Bill No. 879, entitled A bill to regulate the use of signs advertising sexually oriented businesses; to provide for the powers and duties of certain state and local governmental officers and entities; to provide remedies; and to prescribe civil sanctions. The bill was read a second time. Rep. Melton moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Melton moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.



Senate Bill No. 879, entitled A bill to regulate the use of signs advertising sexually oriented businesses; to provide for the powers and duties of certain state and local governmental officers and entities; to provide remedies; and to prescribe civil sanctions. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal Lahti ProosAngerer Geiss LeBlanc RobertsBall Genetski Leland RogersBarnett Gonzales Lindberg Schmidt, R.Bauer Green Lipton Schmidt, W.Bledsoe Gregory Liss SchuitmakerBooher Haase Lori ScrippsBrown, L. Haines Lund SegalBrown, T. Hammel Marleau SheltrownByrnes Hansen Mayes ShirkeyByrum Haugh McDowell SlavensCalley Haveman McMillin SlezakCaul Hildenbrand Meekhof SmithClemente Horn Melton SpadeConstan Huckleberry Moss StamasCorriveau Jackson Nathan StanleyCrawford Johnson Neumann TlaibCushingberry Jones, Rick Oakes TylerDaley Kennedy Opsommer ValentineDean Knollenberg Pavlov WalshDenby Kowall Pearce WomackDonigan Kurtz Polidori Young

Nays—6

Amash Kandrevas Scott, P. WarrenElsenheimer Meadows


The House agreed to the title of the bill. Rep. Melton moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


The Speaker laid before the House House Bill No. 4817, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 4, 71, and 88a (MCL 125.2004, 125.2071, and 125.2088a), section 4 as amended by 2005 PA 225 and section 88a as amended by 2006 PA 639.


(The bill was received from the Senate on December 2, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 96, p. 2073.) The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. McMillin moved to amend the Senate substitute (S-1) as follows: 1. Amend page 7, line 16, after “BUY.” by inserting “BEGINNING JANUARY 1, 2011 AND EVERY 3 YEARS THEREAFTER, THE AUDITOR GENERAL SHALL COMMISSION A RETURN ON INVESTMENT STUDY WITH AN INDEPENDENT PRIVATE ENTITY. THE INDEPENDENT PRIVATE ENTITY SELECTED TO UNDERTAKE THE RETURN ON INVESTMENT STUDY SHALL NOT BENEFIT, DIRECTLY OR INDIRECTLY, FROM ANY TOURISM BUSINESS OR FROM THE SALE OF TOURIST-ORIENTED GOODS AND SERVICES EXCEPT FOR AN AMOUNT RECEIVED FOR CONDUCTING THE RETURN ON INVESTMENT STUDY. THE COST OF THE STUDY SHALL BE PAID WITH FUNDS FROM THE 21ST CENTURY JOBS FUND.”. The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor. The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Elsenheimer Leland RogersBall Geiss Lindberg Schmidt, R.Barnett Genetski Lipton Schmidt, W.Bauer Gonzales Liss SchuitmakerBledsoe Green Lori Scott, P.Booher Gregory Lund ScrippsBrown, L. Haase Marleau SegalBrown, T. Haines Mayes SheltrownByrnes Hansen McDowell ShirkeyByrum Haugh Meadows SlavensCalley Haveman Meekhof SlezakCaul Hildenbrand Melton SmithClemente Horn Moss SpadeConstan Huckleberry Nathan StamasCorriveau Jackson Neumann StanleyCrawford Johnson Oakes TlaibCushingberry Jones, Rick Opsommer TylerDaley Kennedy Pavlov ValentineDean Knollenberg Pearce WalshDenby Kowall Polidori WarrenDonigan Kurtz Proos WomackDurhal Lahti Roberts Young

Nays—6

Agema Hammel LeBlanc McMillinAmash Kandrevas


The House agreed to the title as amended. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.



Senate Bill No. 1506, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11506 (MCL 324.11506), as amended by 2007 PA 212. The bill was read a second time. Rep. Melton moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Melton moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 1506, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11506 (MCL 324.11506), as amended by 2007 PA 212. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Geiss Lahti PolidoriAmash Genetski LeBlanc ProosAngerer Gonzales Leland RogersBall Green Lindberg Schmidt, R.Booher Haase Liss Schmidt, W.Brown, T. Haines Lori SchuitmakerByrnes Hammel Lund Scott, P.Byrum Hansen Marleau ScrippsCalley Haugh Mayes SegalCaul Haveman McDowell SheltrownConstan Hildenbrand McMillin ShirkeyCorriveau Horn Meekhof SlavensCrawford Huckleberry Melton SlezakCushingberry Jackson Moss SpadeDaley Jones, Rick Neumann StamasDenby Kandrevas Oakes TylerDonigan Knollenberg Opsommer WalshDurhal Kowall Pavlov WomackElsenheimer Kurtz Pearce

Nays—19

Barnett Dean Meadows TlaibBauer Gregory Nathan ValentineBledsoe Johnson Roberts WarrenBrown, L. Kennedy Smith YoungClemente Lipton Stanley



Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” The House agreed to the full title. Rep. Melton moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Senate Bill No. 1564, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec-tions 11102, 11107, 11118a, 11121, 11123, 11124, 11125, 11129, 11140, and 11153 (MCL 324.11102, 324.11107, 324.11118a, 324.11121, 324.11123, 324.11124, 324.11125, 324.11129, 324.11140, and 324.11153), section 11118a as added by 1996 PA 182 and section 11153 as amended by 2008 PA 403; and to repeal acts and parts of acts. The bill was read a second time. Rep. Melton moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Melton moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 1564, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec-tions 11102, 11107, 11118a, 11121, 11123, 11124, 11125, 11129, 11140, and 11153 (MCL 324.11102, 324.11107, 324.11118a, 324.11121, 324.11123, 324.11124, 324.11125, 324.11129, 324.11140, and 324.11153), section 11118a as added by 1996 PA 182 and section 11153 as amended by 2008 PA 403; 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:


Agema Elsenheimer Lahti RobertsAngerer Geiss LeBlanc RogersBall Genetski Leland Schmidt, R.Barnett Gonzales Lindberg Schmidt, W.Bauer Green Lipton SchuitmakerBledsoe Gregory Liss Scott, P.Booher Haase Lori ScrippsBrown, L. Haines Lund SegalBrown, T. Hammel Marleau SheltrownByrnes Hansen Mayes ShirkeyByrum Haugh McDowell SlavensCalley Haveman Meadows SlezakCaul Hildenbrand Meekhof SmithClemente Horn Melton SpadeConstan Huckleberry Moss StamasCorriveau Jackson Nathan StanleyCrawford Johnson Neumann TlaibCushingberry Jones, Rick Oakes TylerDaley Kandrevas Opsommer Valentine


Dean Kennedy Pavlov WalshDenby Knollenberg Pearce WarrenDonigan Kowall Polidori WomackDurhal Kurtz Proos Young

Nays—2

Amash McMillin


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” The House agreed to the full title. Rep. Melton moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Rep. Elsenheimer moved to withdraw the notice to reconsider the vote by which the House passed Senate Bill No. 1320. The motion prevailed.

Rep. Melton moved to reconsider the vote by which the House passed Senate Bill No. 1320. The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Stamas moved that Rep. Calley be excused temporarily from today’s session. The motion prevailed.

Third Reading of Bills

Senate Bill No. 1320, entitled A bill to authorize the state administrative board to convey certain state-owned property in various 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. (The bill was passed earlier today, see today’s Journal, p. 2093.) The question being on the passage of the bill,

Rep. Spade moved to substitute (H-2) the bill. The motion was seconded and the substitute (H-2) was adopted, a majority of the members present voting therefor. The question being on the passage of the bill, The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:



Agema Elsenheimer Lahti RobertsAngerer Geiss LeBlanc RogersBall Genetski Leland Schmidt, R.Barnett Gonzales Lindberg Schmidt, W.Bauer Green Lipton SchuitmakerBledsoe Gregory Liss Scott, P.Booher Haase Lori ScrippsBrown, L. Haines Marleau SegalBrown, T. Hammel Mayes SheltrownByrnes Hansen McDowell SlavensByrum Haugh Meadows SlezakCaul Haveman Meekhof SmithClemente Hildenbrand Melton SpadeConstan Horn Moss StamasCorriveau Huckleberry Nathan StanleyCrawford Jackson Neumann TlaibCushingberry Johnson Oakes TylerDaley Jones, Rick Opsommer ValentineDean Kandrevas Pavlov WalshDenby Kennedy Pearce WarrenDonigan Knollenberg Polidori WomackDurhal Kowall Proos Young

Nays—5

Amash Lund McMillin ShirkeyKurtz





Rep. Melton moved that the Committee on Tax Policy be discharged from further consideration of Senate Bill No. 883. The motion prevailed, a majority of the members serving voting therefor. The bill was placed on the order of Second Reading of Bills.


Senate Bill No. 883, entitled A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” (MCL 205.171 to 205.191) by adding section 14a.


The bill was read a second time. Rep. Melton moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Melton moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 883, entitled A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” (MCL 205.171 to 205.191) by adding section 14a. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Geiss Lahti ProosAngerer Genetski LeBlanc RogersBarnett Gonzales Leland Schmidt, R.Bauer Green Lipton Schmidt, W.Bledsoe Gregory Liss SchuitmakerBooher Haines Lori ScrippsBrown, T. Hammel Lund SegalByrum Hansen Marleau SheltrownCaul Haugh Mayes ShirkeyClemente Haveman McDowell SlavensConstan Hildenbrand Meekhof SlezakCorriveau Horn Melton SmithCrawford Huckleberry Moss SpadeCushingberry Jackson Nathan StamasDaley Johnson Neumann StanleyDean Jones, Rick Oakes TylerDenby Kandrevas Opsommer ValentineDillon Knollenberg Pavlov WalshDonigan Kowall Pearce WarrenDurhal Kurtz Polidori YoungElsenheimer

Nays—13

Amash Haase McMillin Scott, P.Ball Kennedy Meadows TlaibBrown, L. Lindberg Roberts WomackByrnes


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to impose taxes and create credits and refundable credits to modify and equalize the impact of changes made to the general sales tax act and use tax act necessary to bring those taxes into compliance with the streamlined sales tax agreement so this state may participate in the streamlined sales tax system and governing board; to prescribe certain powers and duties of certain state departments; and to provide for the disbursement of certain proceeds,”


The House agreed to the full title. Rep. Melton moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Senate Bill No. 1126, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 305 (MCL 168.305), as amended by 2004 PA 287. Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Ethics and Elections, The substitute (H-1) was adopted, a majority of the members serving voting therefor. Rep. Melton moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Melton moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 1126, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 305 (MCL 168.305), as amended by 2004 PA 287. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Elsenheimer LeBlanc RobertsAmash Geiss Leland RogersAngerer Genetski Lindberg Schmidt, R.Ball Gonzales Lipton Schmidt, W.Barnett Green Liss SchuitmakerBauer Gregory Lori Scott, P.Bledsoe Haase Lund ScrippsBooher Haines Marleau SegalBrown, L. Hammel Mayes SheltrownBrown, T. Hansen McDowell ShirkeyByrnes Haugh McMillin SlavensByrum Haveman Meadows SlezakCaul Hildenbrand Meekhof SmithClemente Horn Melton SpadeConstan Huckleberry Moss StamasCorriveau Jackson Nathan StanleyCrawford Johnson Neumann TlaibCushingberry Jones, Rick Oakes TylerDaley Kandrevas Opsommer ValentineDean Kennedy Pavlov WalshDenby Knollenberg Pearce WarrenDillon Kowall Polidori WomackDonigan Kurtz Proos YoungDurhal Lahti


Nays—0


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” The House agreed to the full title. Rep. Melton moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Senate Bill No. 1091, entitled A bill to amend 1965 PA 285, entitled “Professional investigator licensure act,” by amending section 4 (MCL 338.824), as amended by 2008 PA 146. The bill was read a second time.

Rep. Stamas moved to amend the bill as follows: 1. Amend page 3, line 17, after “FIRM” by inserting “ACTING WITHIN THE SCOPE OF THE INDIVIDUAL’S OR THE PUBLIC ACCOUNTING FIRM’S PROFESSIONAL PRACTICE”. The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor. Rep. Melton moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Melton moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 1091, entitled A bill to amend 1965 PA 285, entitled “Professional investigator licensure act,” by amending section 4 (MCL 338.824), as amended by 2008 PA 146. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Elsenheimer Lahti ProosAmash Genetski LeBlanc RogersAngerer Gonzales Leland Schmidt, R.Ball Green Lindberg Schmidt, W.Barnett Gregory Lipton SchuitmakerBauer Haase Liss Scott, P.Bledsoe Haines Lori ScrippsBooher Hammel Lund SegalBrown, L. Hansen Marleau SheltrownBrown, T. Haugh Mayes Shirkey


Byrnes Haveman McDowell SlavensByrum Hildenbrand McMillin SlezakCaul Horn Meadows SmithClemente Huckleberry Meekhof SpadeConstan Jackson Melton StamasCorriveau Johnson Moss StanleyCrawford Jones, Rick Neumann TylerCushingberry Kandrevas Oakes ValentineDaley Kennedy Opsommer WalshDean Knollenberg Pavlov WarrenDenby Kowall Pearce WomackDillon Kurtz Polidori YoungDonigan

Nays—5

Durhal Nathan Roberts TlaibGeiss


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to license and regulate professional investigators; to provide for certain powers and duties for certain state agencies and local officials; to provide for the imposition for certain fees; to protect the general public against unauthorized, unlicensed and unethical operations by professional investigators; to provide for immunity for certain persons under certain circumstances; to provide for penalties and remedies; and to repeal acts and parts of acts,” The House agreed to the full title. Rep. Melton moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Rep. Melton moved to reconsider the vote by which the House passed Senate Bill No. 1506. The motion prevailed, a majority of the members present voting therefor.

Third Reading of Bills

Senate Bill No. 1506, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11506 (MCL 324.11506), as amended by 2007 PA 212 (The bill was passed earlier today, see today’s Journal, p. 2117.) The question being on the passage of the bill,

Rep. Mayes moved to amend the bill as follows: 1. Amend page 4, line 4, by striking out all of subdivision (l) and relettering the remaining subdivision. 2. Amend page 5, following line 13, by inserting: “SEC. 11540A. (1) THE DEPARTMENT SHALL NOT PROMULGATE RULES UNDER THIS PART AFFECTING INERT MATERIALS BEFORE MARCH 1, 2011. (2) THIS SECTION IS REPEALED MARCH 1, 2011.”. The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:



Agema Durhal Lahti RogersAmash Elsenheimer LeBlanc Schmidt, R.Angerer Geiss Leland Schmidt, W.Ball Genetski Lindberg SchuitmakerBarnett Gonzales Lipton Scott, P.Bauer Green Liss ScrippsBledsoe Gregory Lund SegalBooher Haase Marleau SheltrownBrown, L. Haines Mayes ShirkeyBrown, T. Hammel McDowell SlavensByrnes Hansen McMillin SlezakByrum Haugh Meekhof SmithCaul Haveman Melton SpadeClemente Hildenbrand Moss StamasConstan Horn Nathan StanleyCorriveau Huckleberry Neumann TlaibCrawford Jackson Oakes TylerCushingberry Johnson Pavlov ValentineDaley Kandrevas Pearce WalshDean Kennedy Polidori WarrenDenby Knollenberg Proos WomackDillon Kowall Roberts YoungDonigan

Nays—5

Jones, Rick Lori Meadows OpsommerKurtz


The question being on agreeing to the title of the bill, Rep. Melton moved to amend the title to read as follows: A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 11506 (MCL 324.11506), as amended by 2007 PA 212, and by adding section 11540a; and to repeal acts and parts of acts. The motion prevailed. The House agreed to the title as amended.


Senate Bill No. 395, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24c (MCL 211.24c), as amended by 2003 PA 247. The bill was read a second time. Rep. Melton moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Melton moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.



Senate Bill No. 395, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24c (MCL 211.24c), as amended by 2003 PA 247. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Elsenheimer Lahti RobertsAmash Geiss LeBlanc RogersAngerer Genetski Leland Schmidt, R.Ball Gonzales Lindberg Schmidt, W.Barnett Green Lipton SchuitmakerBauer Gregory Liss Scott, P.Bledsoe Haase Lori ScrippsBooher Haines Lund SegalBrown, L. Hammel Marleau SheltrownBrown, T. Hansen Mayes ShirkeyByrnes Haugh McDowell SlavensByrum Haveman McMillin SlezakCaul Hildenbrand Meekhof SmithClemente Horn Melton SpadeConstan Huckleberry Moss StamasCorriveau Jackson Nathan StanleyCrawford Johnson Neumann TlaibCushingberry Jones, Rick Oakes TylerDaley Kandrevas Opsommer ValentineDean Kennedy Pavlov WalshDenby Knollenberg Pearce WarrenDonigan Kowall Polidori WomackDurhal Kurtz Proos Young

Nays—1

Meadows


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. Melton moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.



Senate Bill No. 419, entitled A bill to amend 1971 PA 22, entitled “An act prescribing the age at which persons may donate their blood,” by amending section 1 (MCL 722.41), as amended by 1981 PA 228. The bill was read a second time.

Rep. Angerer moved to amend the bill as follows: 1. Amend page 1, following line 9, by inserting: “Enacting section 1. This amendatory act does not take effect unless all the following bills of the of the 95th Legislature are enacted into law: (a) House Bill No. 4183. (b) House Bill No. 4476.”. The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor. Rep. Melton moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Melton moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 419, entitled A bill to amend 1971 PA 22, entitled “An act prescribing the age at which persons may donate their blood,” by amending section 1 (MCL 722.41), as amended by 1981 PA 228. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Elsenheimer LeBlanc RobertsAmash Geiss Leland RogersAngerer Genetski Lindberg Schmidt, R.Ball Gonzales Lipton Schmidt, W.Barnett Green Liss SchuitmakerBauer Gregory Lori Scott, P.Bledsoe Haase Lund ScrippsBooher Haines Marleau SegalBrown, L. Hammel Mayes SheltrownBrown, T. Hansen McDowell ShirkeyByrnes Haugh McMillin SlavensByrum Haveman Meadows SlezakCaul Hildenbrand Meekhof SmithClemente Horn Melton SpadeConstan Huckleberry Moss StamasCorriveau Jackson Nathan StanleyCrawford Johnson Neumann TlaibCushingberry Jones, Rick Oakes TylerDaley Kandrevas Opsommer ValentineDean Kennedy Pavlov WalshDenby Knollenberg Pearce WarrenDillon Kowall Polidori WomackDonigan Kurtz Proos YoungDurhal Lahti


Nays—0




Senate Concurrent Resolution No. 58. A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Michigan State Police Headquarters. Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the “State”) may be conveyed to the State Building Authority (the “Authority”); and Whereas, The site for the Michigan State Police Headquarters located in Ingham County (the “Facility”) will be acquired by the State from a third party; and Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the “Lease”); and Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That the Total Facility Cost for the Michigan State Police Headquarters shall not exceed $52,000,000 (the Authority share is $52,000,000 and the State General Fund/General Purpose share is $0), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $52,000,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further Resolved, That the annual amounts of “True Rental” for the Facility shall be within or below the range of $3,840,000 and $4,389,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director. The Senate has adopted the concurrent resolution. 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 present voting therefor, by yeas and nays, as follows:



Angerer Donigan Kennedy ProosBall Durhal Kowall RogersBarnett Elsenheimer Lahti Schmidt, R.Bauer Geiss LeBlanc ScrippsBooher Gonzales Leland SheltrownBrown, T. Gregory Lindberg SlezakByrnes Haase Lipton SmithByrum Hammel Liss SpadeCaul Hansen Mayes StamasClemente Haugh McDowell StanleyConstan Haveman Meekhof TlaibCorriveau Horn Melton ValentineCrawford Huckleberry Nathan WalshCushingberry Jackson Neumann WarrenDean Johnson Oakes WomackDillon Kandrevas Polidori Young

Nays—29

Agema Haines Marleau Schmidt, W.Amash Hildenbrand McMillin SchuitmakerBledsoe Jones, Rick Moss Scott, P.Brown, L. Knollenberg Opsommer SegalDaley Kurtz Pavlov ShirkeyDenby Lori Pearce SlavensGenetski Lund Roberts TylerGreen



Rep. Melton moved that when the House adjourns today it stand adjourned until Wednesday, December 15, at 10:00 a.m. The motion prevailed.

Messages from the Senate

House Bill No. 4130, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 34b. The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5318, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4805 (MCL 600.4805), as amended by 2003 PA 178. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.


House Bill No. 5347, entitled A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2, 3, 4, 5, and 12 (MCL 125.2152, 125.2153, 125.2154, 125.2155, and 125.2162), section 2 as amended by 2007 PA 200, sections 3 and 12 as amended by 2000 PA 248, and section 4 as amended by 2005 PA 15, and by adding sections 12c and 12d. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5684, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17609, 17959, 18358, 18359, and 20958 (MCL 333.17609, 333.17959, 333.18358, 333.18359, and 333.20958), section 17609 as added by 2008 PA 524, section 17959 as added by 2008 PA 471, sections 18358 and 18359 as added by 2006 PA 333, and section 20958 as amended by 2000 PA 375. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5756, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2002 PA 192. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 6027, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2006 PA 259. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 6270, entitled A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 306 (MCL 32.706). The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 6271, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 55 (MCL 38.55), as amended by 2004 PA 33. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 6374, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2009 (MCL 339.2009), as amended by 1988 PA 463.


The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5575, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 462j. The Senate has amended the bill as follows: 1. Amend page 5, line 1, after “effect” by striking out the balance of the enacting section and inserting “April 1, 2011.”. The Senate has passed the bill as amended and pursuant to Joint Rule 20, inserted the full title. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5576, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2006 PA 156. The Senate has amended the bill as follows: 1. Amend page 5, line 5, by striking out all of line 5 and inserting “April 1, 2011.”. The Senate has passed the bill as amended and pursuant to Joint Rule 20, inserted the full title. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5577, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2009 PA 82. The Senate has substituted (S-2) the bill. The Senate has passed the bill as substituted (S-2) and amended the title to read as follows: A bill to amend 1931 PA 328, entitled “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,” by amending section 159g (MCL 750.159g), as amended by 2010 PA 176. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5578, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2009 PA 83. The Senate has amended the bill as follows: 1. Amend page 3, line 22, after “effect” by striking out the balance of the enacting section and inserting “April 1, 2011.”. The Senate has passed the bill as amended and pursuant to Joint Rule 20, inserted the full title. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5614, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16231 and 16233 (MCL 333.16231 and 333.16233), section 16231 as amended by 1993 PA 79 and section 16233 as amended by 1995 PA 196. The Senate has substituted (S-2) the bill. The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1978 PA 368, entitled “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 main tenance 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 infor-mation; 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,” by amending sections 16231 and 16233 (MCL 333.16231 and 333.16233), section 16231 as amended by 1993 PA 79 and section 16233 as amended by 1995 PA 196, and by adding sections 9122 and 17819; and to repeal acts and parts of acts. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Concurrent Resolution No. 59. A concurrent resolution prescribing the legislative schedule. Resolved by the Senate (the House of Representatives concurring), That when the Legislature adjourns on Friday, December 3, 2010, it stands adjourned until Wednesday, December 29, 2010, at 11:00 a.m. for the House of Representatives and 11:30 a.m. for the Senate; and be it further Resolved, That when the Legislature adjourns on Wednesday, December 29, 2010, it stands adjourned without day. The Senate has adopted the concurrent resolution. The concurrent resolution was referred to the Committee on Government Operations.

Senate Concurrent Resolution No. 60. A concurrent resolution providing for the final adjournment of the Legislature. Resolved by the Senate (the House of Representatives concurring), That on Wednesday, December 29, 2010, the Legislature shall stand adjourned without day. The Senate has adopted the concurrent resolution. The concurrent resolution was referred to the Committee on Government Operations.

Notices

Rep. Roberts moved to withdraw the notice to reconsider the vote by which the House concurred House Bill No. 5858. The motion prevailed.

Rep. Lahti moved to withdraw the notice to reconsider the vote by which the House passed Senate Bill No. 1150. The motion prevailed.


The House returned to the consideration of House Bill No. 5858, entitled A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of management and budget and the state administrative board. (The bill was considered earlier today, see today’s Journal, p. 2101.) The bill was referred to the Clerk for enrollment printing and presentation to the Governor.



Rep. Durhal moved that the House adjourn. The motion prevailed, the time being 6:55 a.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, December 15, at 10:00 a.m.

RICHARD J. BROWNClerk of the House of Representatives

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