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No. 96STATE OF MICHIGAN

JOURNALOF THE

House of Representatives95th Legislature

REGULAR SESSION OF 2010

House Chamber, Lansing, Thursday, December 2, 2010.

10:00 a.m.

The House was called to order by the Speaker Pro Tempore.

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

Agema—present Durhal—e/d/s 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—present Gonzales—present Liss—present Schuitmaker—presentBledsoe—present Green—present Lori—present Scott, B.—excusedBolger—present 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—presentByrnes—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—present 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—e/d/s 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—e/d/sDonigan—present Kurtz—present Polidori—present Young—present

e/d/s = entered during session

Rep. Eileen Kowall, from the 44th District, offered the following invocation:

“Dear Lord, As we gather this new day, I pray that You give us understanding, insight, and a generous heart of gratitude for all our many blessings. On this last day of session before Christmas, let us radiate the light of Christ everyday, in every way, in all that we do, and in all that we say. I pray we keep the spirit of Christmas at heart as we continue our work this day. We ask guidance, protection of our loved ones, and health and well-being to all who serve the people of our great state and nation. And lest we not forget, please bless and keep our troops serving in faraway places. We ask for Your direction as we strive to do what is best for the people of the state of Michigan. May the grace of the Lord be with each of us in this holiday season. Amen.”

______

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

Comments and Recommendations

Rep. Angerer moved that Rule 75 be suspended. The motion prevailed, 3/5 of the members present voting therefor.

Rep. Angerer moved that the following remarks be printed in the Journal. The motion prevailed.

Rep. Corriveau: “LET IT BE KNOWN, That it is with deep appreciation for the hard work, dedication, and professionalism that Janet Olszewski has put forth on behalf of the people of Michigan that we offer this expression of our sincere gratitude. As the people of Michigan recognize the loyalty and devotion to public service of this assiduous individual, we add our sentiments of gratefulness for a job well done. Janet Olszewski spent the better part of 30-plus years working to make Michigan a safer and healthier place for the men, women and children who call this state home. Her tenure as a state employee began in 1977 with a post in the Office of Services to the Aging. Ms. Olszewski quickly expanded her public health expertise and earned a reputation for being one of the smartest people in the room who knew how to bring people together and solve problems. That reputation and a track record of delivering results propelled her to leadership positions within the former Department of Public Health and the state’s Medicaid program. Director of the MDCH since 2003, Ms. Olszewski oversaw one of state government’s largest departments, a department charged with promoting the health and safety of all Michigan residents. She led the department during some of our state’s most challenging economic times. As resources dwindled and the need among our residents swelled to new heights, Ms. Olszewski expertly guided the MDCH’s efforts to provide more effective services and programs in a more efficient manner. Never did she waver from the department’s mission to protect the most vulnerable among us. Janet Olszewski created a culture that encouraged employees to unleash their innovation and they responded, making Michigan a national leader in several public health arenas. She herself became a public health leader in the state of Michigan and beyond. Her extensive knowledge and proven leadership vaulted her to prominent positions in several state and national organizations and garnered her numerous awards. More importantly, she is directly responsible for improving the lives of countless Michigan families. A public servant of the highest integrity, she leaves a legacy of leadership and service before self that will serve as a beacon for the countless employees and colleagues she has mentored and inspired. IN SPECIAL TRIBUTE, Therefore, it is with deep gratitude that this document is signed and dedicated to join with the citizens of Michigan in saluting Janet Olszewski for her many outstanding years in public service. We wish her the very best as she departs state government to embark upon a new life chapter.”

1990 JOURNAL OF THE HOUSE [December 2, 2010] [No. 96

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

Senate Bill No. 589, entitled A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending section 7a (MCL 252.307a), as added by 2006 PA 447. (The bill was read a third time and postponed temporarily on December 1, see House Journal No. 95, p. 1972.) The question being on the passage of the bill,

Rep. Oakes moved to substitute (H-1) the bill. The motion was seconded and the substitute (H-1) was adopted, a majority of the members present voting therefor. The question being on the passage of the bill,

Rep. Oakes moved to amend the bill as follows: 1. Amend page 2, line 19, after “BETWEEN” by striking out “OCTOBER 1, 2009” and inserting “DECEMBER 1, 2010”. 2. Amend page 2, line 20, by striking out “NOVEMBER 15, 2010” and inserting “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:

Roll Call No. 520 Yeas—68

Agema Dillon Johnson PavlovAngerer Donigan Kandrevas PearceBall Elsenheimer Knollenberg PolidoriBolger Espinoza Kowall ProosBooher Gonzales Kurtz RogersBrown, T. Green Lahti Schmidt, W.Byrnes Gregory LeBlanc SchuitmakerCalley Griffin Liss Scott, P.Caul Haines Lund SegalClemente Hammel Marleau SheltrownCorriveau Hansen Mayes ShirkeyCrawford Haugh Meekhof SpadeCushingberry Haveman Melton StamasDaley Hildenbrand Meltzer StanleyDean Horn Moss TylerDenby Huckleberry Neumann WalshDeShazor Jackson Oakes Young

Nays—30

Amash Geiss Lori ScrippsBarnett Genetski McMillin SlavensBauer Haase Meadows SlezakBennett Jones, Rick Opsommer SmithBledsoe Kennedy Roberts TlaibBrown, L. Leland Rocca ValentineByrum Lindberg Schmidt, R. WarrenConstan Lipton

In The Chair: Byrnes

The question being on agreeing to the title of the bill, Rep. Angerer moved to amend the title to read as follows: A bill to amend 1972 PA 106, entitled “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

No. 96] [December 2, 2010] JOURNAL OF THE HOUSE 1991

officials; to promulgate rules; to provide remedies and prescribe penalties for violations; and to repeal acts and parts of acts,” by amending section 7a (MCL 252.307a), as amended by 2009 PA 86. The motion prevailed. The House agreed to the title as amended. Rep. Angerer 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 ofMessages from the Senate

The Speaker laid before the House House Bill No. 5921, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 278. (The bill was received from the Senate on November 30, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 1, see House Journal No. 94, p. 1924.) 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 Dillon Knollenberg RobertsBall Donigan Kowall RoccaBarnett Espinoza Lahti RogersBauer Geiss LeBlanc Schmidt, R.Bennett Gonzales Leland Schmidt, W.Bledsoe Green Lindberg SchuitmakerBolger Gregory Lipton ScrippsBooher Griffin Liss SegalBrown, L. Haase Lori SheltrownBrown, T. Haines Marleau SlavensByrnes Hammel Mayes SlezakByrum Hansen McDowell SmithCaul Haugh Meadows SpadeClemente Hildenbrand Melton StamasConstan Horn Meltzer StanleyCorriveau Huckleberry Neumann TlaibCrawford Jackson Oakes TylerCushingberry Johnson Pavlov ValentineDaley Jones, Rick Pearce WalshDean Kandrevas Polidori WarrenDenby Kennedy Proos YoungDeShazor

Nays—14

Agema Genetski McMillin OpsommerAmash Haveman Meekhof Scott, P.Calley Kurtz Moss ShirkeyElsenheimer Lund


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


Rep. Nathan entered the House Chambers.

The Speaker laid before the House House Bill No. 4583, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5133 (MCL 333.5133), as amended by 1994 PA 420. (The bill was received from the Senate on December 1, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 95, p. 1984.) 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:


Agema Dillon Kowall PolidoriAmash Donigan Kurtz ProosAngerer Elsenheimer Lahti RobertsBall Espinoza LeBlanc RoccaBarnett Geiss Leland RogersBauer Genetski Lindberg Schmidt, R.Bennett Gonzales Lipton Schmidt, W.Bledsoe Green Liss SchuitmakerBolger 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 Meltzer StamasCorriveau Huckleberry Moss StanleyCrawford Jackson Nathan TlaibCushingberry Johnson Neumann TylerDaley Jones, Rick Oakes ValentineDean Kandrevas Opsommer WalshDenby Kennedy Pavlov WarrenDeShazor Knollenberg Pearce Young

Nays—0



Third Reading of Bills

Senate Bill No. 374, entitled A bill to provide for the recovery or replacement of durable monuments defining the Michigan-Indiana state boundary line; to create a commission; to provide for certain powers and duties of certain state officers and agencies; and to repeal acts and parts of acts. (The bill was read a third time and postponed for the day on February 25, see House Journal No. 19, p. 208.) 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:



Angerer Denby Lahti ProosBall Dillon Leland RoccaBarnett Donigan Lindberg RogersBauer Espinoza Lipton Schmidt, R.Bledsoe Geiss Liss Schmidt, W.Bolger Gonzales Lori ScrippsBooher Gregory Marleau SheltrownBrown, T. Haines Mayes SlezakByrnes Hammel McDowell SmithCalley Hansen Meadows SpadeCaul Haugh Melton StamasClemente Haveman Meltzer StanleyConstan Horn Neumann TylerCorriveau Huckleberry Oakes ValentineCrawford Kandrevas Pavlov WalshCushingberry Kennedy Pearce WarrenDaley Kowall Polidori YoungDean Kurtz

Nays—30

Agema Green LeBlanc RobertsAmash Griffin Lund SchuitmakerBennett Haase McMillin Scott, P.Brown, L. Hildenbrand Meekhof SegalByrum Jackson Moss ShirkeyDeShazor Johnson Nathan SlavensElsenheimer Jones, Rick Opsommer TlaibGenetski Knollenberg


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

Second Reading of Bills

Senate Bill No. 375, entitled A bill to amend 1990 PA 345, entitled “State survey and remonumentation act,” by amending sections 2 and 12 (MCL 54.262 and 54.272), section 2 as amended by 1998 PA 5 and section 12 as amended by 2002 PA 489. The bill was read a second time.

Rep. Barnett moved to amend the bill as follows: 1. Amend page 4, line 12, after “PURPOSE.” by striking out the balance of the subsection. The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor. Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Angerer moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Rep. Opsommer moved that Rep. Marleau be excused temporarily from today’s session. The motion prevailed.

Rep. Angerer moved that Rep. Dillon be excused temporarily from today’s session. The motion prevailed.


Senate Bill No. 375, entitled A bill to amend 1990 PA 345, entitled “State survey and remonumentation act,” by amending sections 2 and 12 (MCL 54.262 and 54.272), section 2 as amended by 1998 PA 5 and section 12 as amended by 2002 PA 489. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Daley Lahti RoccaBall Denby Leland RogersBarnett Donigan Lindberg Schmidt, R.Bauer Espinoza Lipton Schmidt, W.Bledsoe Geiss Liss ScrippsBolger Gonzales Lori SheltrownBooher Haines Mayes SlezakBrown, T. Hammel McDowell SmithCalley Haugh Meadows SpadeCaul Huckleberry Melton StamasClemente Jackson Neumann StanleyConstan Johnson Pavlov TylerCorriveau Kandrevas Pearce WalshCrawford Kowall Polidori WarrenCushingberry Kurtz Proos Young

Nays—38

Agema Green Knollenberg OpsommerAmash Gregory LeBlanc RobertsBennett Griffin Lund SchuitmakerBrown, L. Haase McMillin Scott, P.Byrnes Hansen Meekhof SegalByrum Haveman Meltzer ShirkeyDean Hildenbrand Moss SlavensDeShazor Horn Nathan TlaibElsenheimer Jones, Rick Oakes ValentineGenetski Kennedy


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create a state survey and remonumentation commission and to prescribe its powers and duties; to provide for the appointment of an executive director; to provide for a contract for the services of a state geodetic advisor; to create the state survey and remonumentation fund and to provide for its use; to coordinate and implement the monumentation and remonumentation of property controlling corners in this state and coordinate the establishment of geographic information systems; and to provide for certain powers and duties of certain state and local officers and agencies,” The House agreed to the full title. Rep. Angerer moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.



Senate Bill No. 889, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2009 PA 124. Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy, The substitute (H-1) was adopted, a majority of the members serving voting therefor. Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Angerer moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.


Senate Bill No. 889, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2009 PA 124. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Donigan Kurtz ProosAmash Elsenheimer Lahti RobertsAngerer Espinoza LeBlanc RoccaBall Geiss Leland RogersBarnett Genetski Lindberg Schmidt, R.Bauer Gonzales Lipton Schmidt, W.Bennett Green Liss SchuitmakerBledsoe Gregory Lori Scott, P.Bolger Griffin Lund ScrippsBooher Haase Marleau SegalBrown, L. Haines Mayes SheltrownBrown, T. Hammel McDowell ShirkeyByrnes Hansen McMillin SlavensByrum Haugh Meadows Slezak


Calley Haveman Meekhof SmithCaul Hildenbrand Melton SpadeClemente Horn Meltzer StamasConstan Huckleberry Moss StanleyCorriveau Jackson Nathan TlaibCrawford Johnson Neumann TylerCushingberry Jones, Rick Oakes ValentineDaley Kandrevas Opsommer WalshDenby Kennedy Pavlov WarrenDeShazor Knollenberg Pearce YoungDillon Kowall Polidori

Nays—1

Dean


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


Senate Bill No. 796, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 455 (MCL 208.1455), as added by 2008 PA 77. Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy, The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

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

______

Rep. Opsommer moved that Rep. Elsenheimer be excused temporarily from today’s session. The motion prevailed.


Senate Bill No. 796, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 455 (MCL 208.1455), as added by 2008 PA 77. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Donigan Kurtz PolidoriAmash Espinoza Lahti Proos


Angerer Geiss LeBlanc RobertsBall Genetski Leland RoccaBarnett Gonzales Lindberg RogersBauer Green Lipton Schmidt, R.Bennett Gregory Liss Schmidt, W.Bledsoe Griffin Lori SchuitmakerBolger Haase Lund Scott, P.Booher Haines Marleau ScrippsBrown, L. Hammel Mayes SegalBrown, T. Hansen McDowell SheltrownByrnes Haugh McMillin ShirkeyByrum Haveman Meadows SlavensCalley Hildenbrand Meekhof SlezakCaul Horn Melton SmithClemente Huckleberry Meltzer SpadeConstan Jackson Moss StamasCorriveau Johnson Nathan StanleyCrawford Jones, Rick Neumann TlaibCushingberry Kandrevas Oakes TylerDaley Kennedy Opsommer ValentineDenby Knollenberg Pavlov WalshDeShazor Kowall Pearce WarrenDillon

Nays—2

Dean Young


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

______

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


Senate Bill No. 904, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 2511 (MCL 324.2511), as added by 2006 PA 146. The bill was read a second time.

Rep. Warren moved to amend the bill as follows: 1. Amend page 4, line 9, after “PLASTIC” by inserting a comma and striking out “WATER BOTTLES,”. 2. Amend page 4, line 10, after “MAGAZINES,” by striking out the balance of the line through “BATTERIES,” on line 11. The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.


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


Senate Bill No. 904, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 2511 (MCL 324.2511), as added by 2006 PA 146. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Donigan Leland RogersBall Espinoza Lindberg Schmidt, R.Barnett Geiss Lipton Schmidt, W.Bauer Gonzales Liss ScrippsBledsoe Gregory Lori SegalBooher Griffin Mayes SheltrownBrown, L. Haase McDowell SlavensBrown, T. Hammel Meadows SlezakByrnes Haugh Melton SmithByrum Huckleberry Nathan SpadeClemente Jackson Neumann StanleyConstan Johnson Oakes TlaibCorriveau Jones, Rick Opsommer ValentineCushingberry Kandrevas Polidori WarrenDean Kennedy Roberts YoungDillon Lahti

Nays—38

Agema Elsenheimer Kurtz PearceAmash Genetski LeBlanc ProosBennett Green Lund RoccaBolger Haines Marleau SchuitmakerCalley Hansen McMillin Scott, P.Caul Haveman Meekhof ShirkeyCrawford Hildenbrand Meltzer StamasDaley Horn Moss TylerDenby Knollenberg Pavlov WalshDeShazor Kowall

In The Chair: Jackson

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. Angerer 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 ofReports of Standing Committees

The Committee on Transportation, by Rep. Byrnes, Chair, reported Senate Bill No. 749, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803e (MCL 257.803e), as amended by 2003 PA 30. With the recommendation that the substitute (H-1) be adopted and that the bill then pass. The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out: Yeas: Reps. Byrnes, Donigan, Geiss, Griffin, Haugh, Leland, Roy Schmidt, Opsommer, Knollenberg, Pearce and Wayne Schmidt Nays: None

The Committee on Transportation, by Rep. Byrnes, Chair, reported Senate Bill No. 1262, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320d (MCL 257.320d), as added by 2008 PA 568. Without amendment and with the recommendation that the bill pass. The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out: Yeas: Reps. Byrnes, Donigan, Geiss, Griffin, Haugh, Leland, Roy Schmidt, Opsommer, DeShazor, Knollenberg, Pearce and Wayne Schmidt Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Byrnes, Chair, of the Committee on Transportation, was received and read: Meeting held on: Thursday, December 2, 2010 Present: Reps. Byrnes, Donigan, Geiss, Griffin, Haugh, Leland, Roy Schmidt, Opsommer, DeShazor, Knollenberg, Pearce and Wayne Schmidt Absent: Reps. Kandrevas, Nerat, Young, Bolger and Paul Scott Excused: Reps. Kandrevas, Nerat, Young, Bolger and Paul Scott


Senate Bill No. 1262, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320d (MCL 257.320d), as added by 2008 PA 568. The bill was read a second time. Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Angerer moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.



Senate Bill No. 1262, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320d (MCL 257.320d), as added by 2008 PA 568. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Dillon Kowall PolidoriAmash Donigan Kurtz ProosAngerer Elsenheimer Lahti RobertsBall Espinoza LeBlanc RoccaBarnett Geiss Leland RogersBauer Genetski Lindberg Schmidt, R.Bennett Gonzales Lipton Schmidt, W.Bledsoe Green Liss SchuitmakerBolger 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 Meltzer StamasCorriveau Huckleberry Moss StanleyCrawford Jackson Nathan TlaibCushingberry Johnson Neumann TylerDaley Jones, Rick Oakes ValentineDean Kandrevas Opsommer WalshDenby Kennedy Pavlov WarrenDeShazor Knollenberg Pearce Young

Nays—0


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” The House agreed to the full title. Rep. Angerer moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.



Senate Bill No. 276, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 709 (MCL 257.709), as amended by 2000 PA 127. The bill was read a second time. Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Angerer moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Womack entered the House Chambers.


Senate Bill No. 276, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 709 (MCL 257.709), as amended by 2000 PA 127. 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 Espinoza LeBlanc RoccaAngerer Geiss Leland RogersBall Genetski Lindberg Schmidt, R.Barnett Gonzales Lipton Schmidt, W.Bauer Green Liss SchuitmakerBennett Gregory Lund Scott, P.Bledsoe Griffin Marleau ScrippsBooher Haase Mayes SegalBrown, L. Haines McDowell SheltrownBrown, T. Hammel McMillin ShirkeyByrnes Hansen Meadows SlavensByrum Haugh Meekhof SmithCalley Haveman Melton SpadeCaul Hildenbrand Meltzer StamasClemente Horn Moss StanleyConstan Huckleberry Nathan TlaibCorriveau Jackson Neumann TylerCrawford Johnson Oakes ValentineDaley Jones, Rick Opsommer WalshDean Kandrevas Pavlov WarrenDenby Kennedy Pearce WomackDillon Knollenberg Polidori YoungDonigan Kowall Proos

Nays—5

Bolger Kurtz Lori SlezakDeShazor



Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” The House agreed to the full title. Rep. Angerer moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Senate Bill No. 34, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 78101 and 78110 (MCL 324.78101 and 324.78110), section 78101 as amended by 2006 PA 466 and section 78110 as amended by 2004 PA 587. Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Great Lakes and Environment, The substitute (H-2) was adopted, a majority of the members serving voting therefor. Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Angerer moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.

______

Rep. Angerer moved that Rep. Dillon be excused temporarily from today’s session. The motion prevailed.


Senate Bill No. 34, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 78101 and 78110 (MCL 324.78101 and 324.78110), section 78101 as amended by 2006 PA 466 and section 78110 as amended by 2004 PA 587. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Elsenheimer Lahti RobertsBall Espinoza LeBlanc RoccaBarnett Geiss Leland RogersBauer Gonzales Lindberg Schmidt, R.Bennett Green Lipton Schmidt, W.Bledsoe Gregory Liss SchuitmakerBolger Griffin Lori Scott, P.


Booher Haase Lund ScrippsBrown, L. Haines Marleau SegalBrown, T. Hammel Mayes SheltrownByrnes Hansen McDowell SlavensByrum Haugh Meadows SlezakCalley Haveman Meekhof SmithCaul Hildenbrand Melton SpadeClemente Horn Meltzer StamasConstan Huckleberry Moss StanleyCorriveau Jackson Nathan TlaibCrawford Johnson Neumann TylerCushingberry Jones, Rick Oakes ValentineDaley Kandrevas Opsommer WalshDean Kennedy Pavlov WarrenDenby Knollenberg Pearce WomackDeShazor Kowall Polidori YoungDonigan Kurtz Proos

Nays—5

Agema Genetski McMillin ShirkeyAmash


The question being on agreeing to the title of the bill, Rep. Angerer 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 sections 4112, 4113, 78101, and 78110 (MCL 324.4112, 324.4113, 324.78101, and 324.78110), sections 4112 and 4113 as added by 2006 PA 602, section 78101 as amended by 2010 PA 34, and section 78110 as amended by 2004 PA 587. The motion prevailed. The House agreed to the title as amended. Rep. Angerer 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 ofReports of Standing Committees

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported House Bill No. 6557, entitled A bill to amend 1964 PA 284, entitled “City income tax act,” by amending section 3 of chapter 1 (MCL 141.503), as amended by 2007 PA 209. Without amendment and with the recommendation that the bill pass. The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out: Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Smith, Spade, Tlaib and Booher Nays: Reps. Moss, Agema, Genetski, Green, Haines, Proos, Rogers and Schuitmaker


The Committee on Appropriations, by Rep. Cushingberry, Chair, reported Senate Bill No. 1484, entitled A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending sections 4 and 7 (MCL 800.324 and 800.327), as amended by 1996 PA 537. Without amendment and with the recommendation that the bill pass. The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out: Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Smith, Spade, Tlaib, Moss, Agema, Booher, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported Senate Bill No. 1485, entitled A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending section 6 (MCL 800.326), as amended by 2007 PA 102. Without amendment and with the recommendation that the bill pass. The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out: Yeas: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Smith, Spade, Tlaib, Moss, Agema, Booher, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported 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. Without amendment and with the recommendation that the bill pass. The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out: Yeas: Reps. Cushingberry, Hammel, Bauer, Terry Brown, Dean, Espinoza, Gonzales, LeBlanc, Spade, Tlaib, Moss, Agema, Booher, Haines, Hildenbrand, Lori and Rogers Nays: Reps. Bennett, Gregory, Jackson, Lahti, McDowell, Smith and Green

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read: Meeting held on: Thursday, December 2, 2010 Present: Reps. Cushingberry, Hammel, Bauer, Bennett, Terry Brown, Dean, Espinoza, Gonzales, Gregory, Jackson, Lahti, LeBlanc, McDowell, Smith, Spade, Tlaib, Moss, Agema, Booher, Genetski, Green, Haines, Hildenbrand, Lori, Proos, Rogers and Schuitmaker Absent: Reps. Durhal, Miller, Switalski and Caul



Senate Bill No. 1484, entitled A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending sections 4 and 7 (MCL 800.324 and 800.327), as amended by 1996 PA 537. The bill was read a second time.

Rep. Smith moved to amend the bill as follows: 1. Amend page 3, line 21, after “ENTITY,” by striking out the balance of the line through “SECTION 6,” on line 24. 2. Amend page 3, line 27, after “ITEMS.” by inserting “OTHER THAN FOR AN INSTITUTION, GOVERNMENTAL AGENCY, OR TAX-EXEMPT ORGANIZATION DESCRIBED IN SECTION 6,”. The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor. Rep. Angerer moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Angerer moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor.

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Rep. Angerer moved that Rep. Bennett be excused temporarily from today’s session. The motion prevailed.


Senate Bill No. 1484, entitled A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending sections 4 and 7 (MCL 800.324 and 800.327), as amended by 1996 PA 537. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Donigan Kurtz ProosAmash Elsenheimer Lahti RobertsAngerer Espinoza LeBlanc RoccaBall Geiss Leland RogersBarnett Genetski Lindberg Schmidt, R.Bauer Gonzales Lipton Schmidt, W.Bledsoe Green Liss SchuitmakerBolger 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 Meltzer StamasCorriveau Huckleberry Moss StanleyCrawford Jackson Nathan TlaibCushingberry Johnson Neumann TylerDaley Jones, Rick Oakes Valentine


Dean Kandrevas Opsommer WalshDenby Kennedy Pavlov WarrenDeShazor Knollenberg Pearce WomackDillon Kowall Polidori Young

Nays—0


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the employment of inmate labor in the correctional institutions of this state; to provide for the employment of inmate labor in certain private enterprises under certain conditions; to provide for certain powers and duties of the department of corrections, the governor, and other officers and agencies in relation to correctional institutions; to provide for the requisitioning and disbursement of correctional industries products; to provide for the disposition of the proceeds of correctional industries and farms; to provide for purchasing and accounting procedures; to regulate the sale or disposition of inmate labor and products; to provide for the requisitioning, purchases, and supply of correctional industries products; to provide penalties for violations of this act; and to repeal acts and parts of acts,” The House agreed to the full title. Rep. Angerer moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Senate Bill No. 1485, entitled A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending section 6 (MCL 800.326), as amended by 2007 PA 102. The bill was read a second time.

Rep. Smith moved to amend the bill as follows: 1. Amend page 1, line 6, after “or” by inserting a comma and “EXCEPT AS PROVIDED IN SUBSECTION (5),”. 2. Amend page 1, line 8, after “(b)” by striking out “Any” and inserting “EXCEPT AS PROVIDED IN SUBSECTION (5), ANY”. 3. Amend page 2, line 5, after “(c)” by striking out “Any” and inserting “EXCEPT AS PROVIDED IN SUBSECTION (5), ANY”. 4. Amend page 2, line 9, after “(D)” by inserting “EXCEPT AS PROVIDED IN SUBSECTION (5),”. 5. Amend page 2, line 27, after “in” by striking out “subsections (4) and (5)” and inserting “SUBSECTION (4)”. 6. Amend page 3, following line 23, by inserting: “(5) AN INDIVIDUAL WHO IS A MEMBER OF THE STATE SENATE OR HOUSE OF REPRESENTATIVES SHALL NOT BE PERMITTED TO PARTICIPATE, DIRECTLY OR INDIRECTLY, EITHER PERSONALLY OR THROUGH AN AFFILIATE, IN ANY PROGRAM INVOLVING THE SALE, EXCHANGE, PURCHASE, OR MANUFACTURE OF CORRECTIONAL INDUSTRIES PRODUCTS UNTIL 2 YEARS AFTER THE DATE ON WHICH THE INDIVIDUAL’S TERM OF SERVICE IN THE SENATE OR HOUSE OF REPRESENTATIVES ENDS.”. The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Smith moved to amend the bill as follows: 1. Amend page 2, line 8, after “state.” by inserting “HOWEVER, THIS SUBDIVISION NO LONGER APPLIES BEGINNING ON THE LATER OF THE FOLLOWING DATES: (i) THE DATE CUT AND SEWN TEXTILES ARE BEING MANUFACTURED UNDER THE PRISONER INDUSTRY ENHANCEMENT CERTIFICATION PROGRAM UNDER SECTION 4(H) AND SOLD, EXCHANGED, OR PURCHASED UNDER SUBDIVISION (D). (ii) JUNE 1, 2015.”. The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.


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


Senate Bill No. 1485, entitled A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending section 6 (MCL 800.326), as amended by 2007 PA 102. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Donigan Kurtz ProosAmash Elsenheimer Lahti RobertsAngerer Espinoza LeBlanc RoccaBall Geiss Leland RogersBarnett Genetski Lindberg Schmidt, R.Bauer Gonzales Lipton Schmidt, W.Bennett Green Liss SchuitmakerBledsoe Gregory Lori Scott, P.Bolger Griffin Lund ScrippsBooher Haase Marleau SegalBrown, L. Haines Mayes SheltrownBrown, T. Hammel McDowell ShirkeyByrnes Hansen McMillin SlavensByrum Haugh Meadows SlezakCalley Haveman Meekhof SmithCaul Hildenbrand Melton SpadeClemente Horn Meltzer StamasConstan Huckleberry Moss StanleyCorriveau Jackson Nathan TlaibCrawford Johnson Neumann TylerCushingberry Jones, Rick Oakes ValentineDaley Kandrevas Opsommer WalshDean Kennedy Pavlov WarrenDenby Knollenberg Pearce WomackDeShazor Kowall Polidori YoungDillon

Nays—0


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the employment of inmate labor in the correctional institutions of this state; to provide for the employment of inmate labor in certain private enterprises under certain conditions; to provide for certain powers and duties of the department of corrections, the governor, and other officers and agencies in relation to correctional institutions; to provide for the requisitioning and disbursement of correctional industries products; to provide for the disposition of the proceeds of correctional industries and farms; to provide for purchasing and accounting procedures; to regulate the


sale or disposition of inmate labor and products; to provide for the requisitioning, purchases, and supply of correctional industries products; to provide penalties for violations 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. 149, entitled A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending sections 3, 7, and 9 (MCL 445.63, 445.67, and 445.69), section 3 as amended by 2006 PA 566, and by adding section 7a. 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. 68 of 2009, p. 1393), The amendments were adopted, a majority of the members serving 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. 149, entitled A bill to amend 2004 PA 452, entitled “Identity theft protection act,” by amending sections 3, 7, and 9 (MCL 445.63, 445.67, and 445.69), section 3 as amended by 2006 PA 566, and by adding section 7a. 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.Bennett Green Liss SchuitmakerBledsoe Gregory Lori Scott, P.Bolger Griffin Lund ScrippsBooher Haase Marleau SegalBrown, L. Haines Mayes SheltrownBrown, T. Hammel McDowell ShirkeyByrnes Hansen McMillin SlavensByrum Haugh Meadows SlezakCalley Haveman Meekhof SmithCaul Hildenbrand Melton SpadeClemente Horn Meltzer StamasConstan Huckleberry Moss StanleyCorriveau Jackson Nathan TlaibCrawford Johnson Neumann TylerDaley Jones, Rick Oakes ValentineDean Kandrevas Opsommer WalshDenby Kennedy Pavlov Warren


DeShazor Knollenberg Pearce WomackDillon Kowall Polidori YoungDonigan Kurtz Proos

Nays—1

Amash


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “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,” 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. 150, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2008 PA 430. The bill was read a second time.

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.

______

Rep. Opsommer moved that Rep. Walsh be excused temporarily from today’s session. The motion prevailed.

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


Senate Bill No. 150, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2008 PA 430. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:



Agema Espinoza Lahti ProosAngerer Geiss LeBlanc RobertsBall Genetski Leland RoccaBarnett Gonzales Lindberg RogersBauer Green Lipton Schmidt, R.Bennett Gregory Liss Schmidt, W.Bledsoe Griffin Lori SchuitmakerBolger Haase Lund Scott, P.Booher Haines Marleau ScrippsBrown, L. Hammel Mayes SegalBrown, T. Hansen McDowell SheltrownByrnes Haugh McMillin ShirkeyByrum Haveman Meadows SlavensCalley Hildenbrand Meekhof SlezakCaul Horn Melton SmithClemente Huckleberry Meltzer SpadeConstan Jackson Moss StamasCorriveau Johnson Nathan StanleyCrawford Jones, Rick Neumann TlaibDaley Kandrevas Oakes TylerDean Kennedy Opsommer ValentineDenby Knollenberg Pavlov WarrenDeShazor Kowall Pearce WomackDonigan Kurtz Polidori YoungElsenheimer

Nays—1

Amash


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.



Senate Bill No. 980, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 1998 PA 247, and by adding section 682c. The bill was read a second time.

Rep. Pearce moved to amend the bill as follows: 1. Amend page 2, line 1, after “(B)” by striking out “THE” and inserting “IF COMPLETE VISIBILITY BEHIND THE VEHICLE IS IMPAIRED OR OBSTRUCTED, THE”. 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.


Senate Bill No. 980, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 1998 PA 247, and by adding section 682c. The bill was read a third time. The question being on the passage of the bill,

Rep. Angerer moved that consideration of the bill be postponed temporarily. The motion prevailed.


Senate Bill No. 1196, entitled A bill to amend 1967 PA 291, entitled “An act to authorize state universities and colleges to enact parking, traffic and pedestrian ordinances and to provide for the enforcement of the ordinances; and to dispose of fines collected,” by amending section 2a (MCL 390.892a), as amended by 1998 PA 441. 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. 1196, entitled A bill to amend 1967 PA 291, entitled “An act to authorize state universities and colleges to enact parking, traffic and pedestrian ordinances and to provide for the enforcement of the ordinances; and to dispose of fines collected,” by amending section 2a (MCL 390.892a), as amended by 1998 PA 441. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Geiss Lindberg Schmidt, R.Barnett Gonzales Lipton Schmidt, W.


Bauer Gregory Liss SchuitmakerBennett Haase Lori ScrippsBledsoe Hammel Marleau SegalBooher Haugh Mayes SheltrownBrown, L. Haveman McDowell SlavensBrown, T. Huckleberry Meadows SlezakByrnes Jackson Meekhof SmithByrum Johnson Melton SpadeClemente Jones, Rick Nathan StanleyConstan Kandrevas Neumann TlaibCorriveau Kennedy Oakes TylerCushingberry Lahti Polidori ValentineDean LeBlanc Proos WarrenDonigan Leland Roberts WomackEspinoza

Nays—34

Agema DeShazor Knollenberg PavlovAmash Elsenheimer Kowall PearceBall Genetski Kurtz RoccaBolger Green Lund RogersCalley Griffin McMillin Scott, P.Caul Haines Meltzer ShirkeyCrawford Hansen Moss StamasDaley Hildenbrand Opsommer YoungDenby Horn


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.


Senate Bill No. 212, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 14 (MCL 28.434), as amended by 2000 PA 381, and by adding section 14a. The bill was read a second time.

Rep. Meadows moved to amend the bill as follows: 1. Amend page 4, line 23, after “FIREARM.” by inserting “IF THE POLICE AGENCY DETERMINES THAT A SERIAL NUMBER HAS BEEN ALTERED OR HAS BEEN REMOVED OR OBLITERATED FROM THE FIREARM, THE POLICE AGENCY SHALL SUBMIT THE FIREARM TO THE DEPARTMENT OF STATE POLICE OR A FORENSIC LABORATORY FOR SERIAL NUMBER VERIFICATION OR RESTORATION TO DETERMINE LEGAL OWNERSHIP.”. 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.


Senate Bill No. 212, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 14 (MCL 28.434), as amended by 2000 PA 381, and 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:


Angerer Geiss Leland RobertsBarnett Genetski Lindberg RogersBauer Gonzales Lipton Schmidt, R.Bennett Gregory Liss ScrippsBledsoe Griffin Lori SegalBrown, L. Haase Mayes SheltrownBrown, T. Hammel McDowell SlavensByrnes Haugh Meadows SlezakByrum Horn Melton SmithClemente Huckleberry Meltzer SpadeConstan Jackson Nathan StanleyCorriveau Johnson Neumann TlaibCushingberry Kandrevas Oakes ValentineDonigan Kennedy Pearce WarrenEspinoza LeBlanc Polidori Womack

Nays—40

Agema Denby Kowall ProosAmash DeShazor Kurtz RoccaBall Elsenheimer Lahti Schmidt, W.Bolger Green Lund SchuitmakerBooher Haines Marleau Scott, P.Calley Hansen McMillin ShirkeyCaul Haveman Meekhof StamasCrawford Hildenbrand Moss TylerDaley Jones, Rick Opsommer WalshDean Knollenberg Pavlov Young



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.

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The Speaker Pro Tempore resumed the Chair.

By unanimous consent the House returned to the order ofMotions and Resolutions

Rep. Angerer moved that the Committee on Intergovernmental and Regional Affairs be discharged from further consideration of Senate Bill No. 1237. (For first notice see House Journal No. 95, p. 1986.) The question being on the motion made by Rep. Angerer, The motion prevailed, a majority of the members present voting therefor. The bill was placed on the order of Second Reading of Bills.


Senate Bill No. 1237, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22225 (MCL 333.22225), as amended by 1993 PA 88. The bill was read a second time.

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


Senate Bill No. 1237, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22225 (MCL 333.22225), as amended by 1993 PA 88. The bill was read a third time. The question being on the passage of the bill,

Rep. Angerer moved that consideration of the bill be postponed temporarily. The motion prevailed.


Senate Bill No. 1233, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 2 (MCL 125.2652), as amended by 2007 PA 204. The bill was read a second time.

Rep. Melton moved to amend the bill as follows: 1. Amend page 14, following line 6, by inserting: “Sec. 13. (1) Subject to section 15, the board may implement a brownfield plan. The brownfield plan may apply to 1 or more parcels of eligible property whether or not those parcels of eligible property are contiguous and may be amended


to apply to additional parcels of eligible property. Except as otherwise authorized by this act, if more than 1 eligible property is included within the plan, the tax increment revenues under the plan shall be determined individually for each eligible property. Each plan or an amendment to a plan shall be approved by the governing body of the municipality and shall contain all of the following: (a) A description of the costs of the plan intended to be paid for with the tax increment revenues or, for a plan for eligible properties qualifi ed on the basis that the property is owned or under the control of a land bank fast track authority, a listing of all eligible activities that may be conducted for 1 or more of the eligible properties subject to the plan. (b) A brief summary of the eligible activities that are proposed for each eligible property or, for a plan for eligible properties qualifi ed on the basis that the property is owned or under the control of a land bank fast track authority, a brief summary of eligible activities conducted for 1 or more of the eligible properties subject to the plan. (c) An estimate of the captured taxable value and tax increment revenues for each year of the plan from the eligible property. The plan may provide for the use of part or all of the captured taxable value, including deposits in the local site remediation revolving fund, but the portion intended to be used shall be clearly stated in the plan. The plan shall not provide either for an exclusion from captured taxable value of a portion of the captured taxable value or for an exclusion of the tax levy of 1 or more taxing jurisdictions unless the tax levy is excluded from tax increment revenues in section 2(dd) 2(EE), or unless the tax levy is excluded from capture under section 15. (d) The method by which the costs of the plan will be fi nanced, including a description of any advances made or anticipated to be made for the costs of the plan from the municipality. (e) The maximum amount of note or bonded indebtedness to be incurred, if any. (f) The duration of the brownfi eld plan for eligible activities on eligible property which shall not exceed 35 years following the date of the resolution approving the plan amendment related to a particular eligible property. Each plan amendment shall also contain the duration of capture of tax increment revenues including the beginning date of the capture of tax increment revenues, which beginning date shall be identifi ed in the brownfi eld plan and which beginning date shall not be later than 5 years following the date of the resolution approving the plan amendment related to a particular eligible property and which duration shall not exceed the lesser of the period authorized under subsections (4) and (5) or 30 years from the beginning date of the capture of tax increment revenues. The date for the beginning of capture of tax increment revenues may be amended by the authority but not to a date later than 5 years after the date of the resolution adopting the plan. The authority may not amend the date for the beginning of capture of tax increment revenues if the authority has begun to reimburse eligible activities from the capture of tax increment revenues. The authority may not amend the date for the beginning of capture if that amendment would lead to the duration of capture of tax increment revenues being longer than 30 years or the period authorized under subsections (4) and (5). If the date for the beginning of capture of tax increment revenues is amended by the authority and that plan includes the capture of tax increment revenues for school operating purposes, then the authority that amended that plan shall notify the department and the Michigan economic growth authority within 30 days of the approval of the amendment. (g) An estimate of the impact of tax increment fi nancing on the revenues of all taxing jurisdictions in which the eligible property is located. (h) A legal description of the eligible property to which the plan applies, a map showing the location and dimensions of each eligible property, a statement of the characteristics that qualify the property as eligible property, and a statement of whether personal property is included as part of the eligible property. If the project is on property that is functionally obsolete, the taxpayer shall include, with the application, an affi davit signed by a level 3 or level 4 assessor, that states that it is the assessor’s expert opinion that the property is functionally obsolete and the underlying basis for that opinion. (i) Estimates of the number of persons residing on each eligible property to which the plan applies and the number of families and individuals to be displaced. If occupied residences are designated for acquisition and clearance by the authority, the plan shall include a demographic survey of the persons to be displaced, a statistical description of the housing supply in the community, including the number of private and public units in existence or under construction, the condition of those in existence, the number of owner-occupied and renter-occupied units, the annual rate of turnover of the various types of housing and the range of rents and sale prices, an estimate of the total demand for housing in the community, and the estimated capacity of private and public housing available to displaced families and individuals. (j) A plan for establishing priority for the relocation of persons displaced by implementation of the plan. (k) Provision for the costs of relocating persons displaced by implementation of the plan, and fi nancial assistance and reimbursement of expenses, including litigation expenses and expenses incident to the transfer of title, in accordance with the standards and provisions of the uniform relocation assistance and real property acquisition policies act of 1970, Public Law 91-646. (l) A strategy for compliance with 1972 PA 227, MCL 213.321 to 213.332. (m) A description of proposed use of the local site remediation revolving fund. (n) Other material that the authority or governing body considers pertinent. (2) The percentage of all taxes levied on a parcel of eligible property for school operating expenses that is captured and used under a brownfi eld plan and all tax increment fi nance plans under 1975 PA 197, MCL 125.1651 to 125.1681, the tax


increment fi nance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, or the local development fi nancing act, 1986 PA 281, MCL 125.2151 to 125.2174, shall not be greater than the combination of the plans’ percentage capture and use of all local taxes levied for purposes other than for the payment of principal of and interest on either obligations approved by the electors or obligations pledging the unlimited taxing power of the local unit of government. This subsection shall apply only when taxes levied for school operating purposes are subject to capture under section 15. (3) Except as provided in this subsection and subsections (5), (15), and (16), tax increment revenues related to a brownfi eld plan shall be used only for costs of eligible activities attributable to the eligible property, the captured taxable value of which produces the tax increment revenues, including the cost of principal of and interest on any obligation issued by the authority to pay the costs of eligible activities attributable to the eligible property, and the reasonable costs of preparing a brownfi eld plan or a work plan for the eligible property, including the actual cost of the review of the work plan under section 15. For property owned or under the control of a land bank fast track authority, tax increment revenues related to a brownfi eld plan may be used for eligible activities attributable to any eligible property owned or under the control of the land bank fast track authority, the cost of principal of and interest on any obligation issued by the authority to pay the costs of eligible activities, the reasonable costs of preparing a work plan, and the actual cost of the review of the work plan under section 15. Except as provided in subsection (18), tax increment revenues captured from taxes levied by this state under the state education tax act, 1993 PA 331, MCL 211.901 to 211.906, or taxes levied by a local school district shall not be used for eligible activities described in section 2(m)(iv)(E). TAX INCREMENT REVENUES CAPTURED FROM TAXES LEVIED FOR SCHOOL OPERATING PURPOSES SHALL NOT BE USED FOR ELIGIBLE ACTIVITIES ON ELIGIBLE PROPERTY DESCRIBED IN SECTION 2(N)(viii) AND (ix). (4) Except as provided in subsection (5), a brownfi eld plan shall not authorize the capture of tax increment revenue from eligible property after the year in which the total amount of tax increment revenues captured is equal to the sum of the costs permitted to be funded with tax increment revenues under this act. (5) A brownfi eld plan may authorize the capture of additional tax increment revenue from an eligible property in excess of the amount authorized under subsection (4) during the time of capture for the purpose of paying the costs permitted under subsection (3), or for not more than 5 years after the time that capture is required for the purpose of paying the costs permitted under subsection (3), or both. Excess revenues captured under this subsection shall be deposited in the local site remediation revolving fund created under section 8 and used for the purposes authorized in section 8. If tax increment revenues attributable to taxes levied for school operating purposes from eligible property are captured by the authority for purposes authorized under subsection (3), the tax increment revenues captured for deposit in the local site remediation revolving fund also may include tax increment revenues attributable to taxes levied for school operating purposes in an amount not greater than the tax increment revenues levied for school operating purposes captured from the eligible property by the authority for the purposes authorized under subsection (3). Excess tax increment revenues from taxes levied for school operating purposes for eligible activities authorized under subsection (15) by the Michigan economic growth authority shall not be captured for deposit in the local site remediation revolving fund. (6) An authority shall not expend tax increment revenues to acquire or prepare eligible property, unless the acquisition or preparation is an eligible activity. (7) Costs of eligible activities attributable to eligible property include all costs that are necessary or related to a release from the eligible property, including eligible activities on properties affected by a release from the eligible property. For purposes of this subsection, “release” means that term as defi ned in section 20101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101. (8) Costs of a response activity paid with tax increment revenues that are captured pursuant to subsection (3) may be recovered from a person who is liable for the costs of eligible activities at an eligible property. This state or an authority may undertake cost recovery for tax increment revenue captured. Before an authority or this state may institute a cost recovery action, it must provide the other with 120 days’ notice. This state or an authority that recovers costs under this subsection shall apply those recovered costs to the following, in the following order of priority: (a) The reasonable attorney fees and costs incurred by this state or an authority in obtaining the cost recovery. (b) One of the following: (i) If an authority undertakes the cost recovery action, the authority shall deposit the remaining recovered funds into the local site remediation fund created pursuant to section 8, if such a fund has been established by the authority. If a local site remediation fund has not been established, the authority shall disburse the remaining recovered funds to the local taxing jurisdictions in the proportion that the local taxing jurisdictions’ taxes were captured. (ii) If this state undertakes a cost recovery action, this state shall deposit the remaining recovered funds into the revitalization revolving loan fund established under section 20108a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20108a. (iii) If this state and an authority each undertake a cost recovery action, undertake a cost recovery action jointly, or 1 on behalf of the other, the amount of any remaining recovered funds shall be deposited pursuant to subparagraphs (i) and (ii) in the proportion that the tax increment revenues being recovered represent local taxes and taxes levied for school operating purposes, respectively.


(9) Approval of the brownfi eld plan or an amendment to a brownfi eld plan shall be in accordance with the notice and approval provisions of this section and section 14. (10) Before approving a brownfi eld plan for an eligible property, the governing body shall hold a public hearing on the brownfi eld plan. By resolution, the governing body may delegate the public hearing process to the authority or to a subcommittee of the governing body subject to fi nal approval by the governing body. Notice of the time and place of the hearing shall be given by publication twice in a newspaper of general circulation designated by the municipality, not less than 10 or more than 40 days before the date set for the hearing. (11) Notice of the time and place of the hearing on a brownfi eld plan shall contain all of the following: (a) A description of the property to which the plan applies in relation to existing or proposed highways, streets, streams, or otherwise. (b) A statement that maps, plats, and a description of the brownfi eld plan are available for public inspection at a place designated in the notice and that all aspects of the brownfi eld plan are open for discussion at the public hearing required by this section. (c) Any other information that the governing body considers appropriate. (12) At the time set for the hearing on the brownfi eld plan required under subsection (10), the governing body shall ensure that interested persons have an opportunity to be heard and that written communications with reference to the brownfi eld plan are received and considered. The governing body shall ensure that a record of the public hearing is made and preserved, including all data presented at the hearing. (13) Not less than 10 days before the hearing on the brownfi eld plan, the governing body shall provide notice of the hearing to the taxing jurisdictions that levy taxes subject to capture under this act. The authority shall fully inform the taxing jurisdictions about the fi scal and economic implications of the proposed brownfi eld plan. At that hearing, an offi cial from a taxing jurisdiction with millage that would be subject to capture under this act has the right to be heard in regard to the adoption of the brownfi eld plan. Not less than 10 days before the hearing on the brownfi eld plan, the governing body shall provide notice of the hearing to the department if the brownfi eld plan involves the use of taxes levied for school operating purposes to pay for eligible activities that require the approval of a work plan by the department under section 15(1)(a) and the Michigan economic growth authority, or its designee, if the brownfi eld plan involves the use of taxes levied for school operating purposes to pay for eligible activities subject to subsection (15) or (18). (14) The authority shall not enter into agreements with the taxing jurisdictions and the governing body of the munici-pality to share a portion of the captured taxable value of an eligible property. Upon adoption of the plan, the collection and transmission of the amount of tax increment revenues as specifi ed in this act shall be binding on all taxing units levying ad valorem property taxes or specifi c taxes against property located in the zone. (15) Except as provided by subsection (18), if a brownfi eld plan includes the capture of taxes levied for school operating purposes approval of a work plan by the Michigan economic growth authority before January 1, 2013 to use taxes levied for school operating purposes and a development agreement or reimbursement agreement between the municipality or authority and an owner or developer of eligible property are required if the taxes levied for school operating purposes will be used for infrastructure improvements that directly benefi t eligible property, demolition of structures that is not response activity under part 201 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101 to 324.20142, lead or asbestos abatement, site preparation that is not response activity under section 20101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101, relocation of public buildings or operations for economic development purposes, or acquisition of property by a land bank fast track authority if acquisition of the property is for economic development purposes. The eligible activities to be conducted described in this subsection shall be consistent with the work plan submitted by the authority to the Michigan economic growth authority. The department’s approval is not required for the capture of taxes levied for school operating purposes for eligible activities described in this subsection. (16) The limitations of section 15(1) upon use of tax increment revenues by an authority shall not apply to the following costs and expenses: (a) In each fi scal year of the authority, the amount described in subsection (19) for the following purposes for tax increment revenues attributable to local taxes: (i) Reasonable and actual administrative and operating expenses of the authority. (ii) Baseline environmental assessments, due care activities, and additional response activities conducted by or on behalf of the authority related directly to work conducted on prospective eligible properties prior to approval of the brownfi eld plan. (b) Reasonable costs of preparing a work plan or the cost of the review of a work plan for which tax increment revenues may be used under section 13(3). (c) For tax increment revenues attributable to local taxes, reasonable costs of site investigations described in sec-tion 15(1)(a)(i), baseline environmental assessments, and due care activities incurred by a person other than the authority related directly to work conducted on eligible property or prospective eligible properties prior to approval of the brownfi eld plan, if those costs and the eligible property are included in a brownfi eld plan approved by the authority.


(17) A brownfi eld authority may reimburse advances, with or without interest, made by a municipality under section 7(3), a land bank fast track authority, or any other person or entity for costs of eligible activities with any source of revenue available for use of the brownfi eld authority under this act. If an authority reimburses a person or entity under this section for an advance for the payment or reimbursement of the cost of eligible activities and interest thereon, the authority may capture local taxes for the payment of that interest. If an authority reimburses a person or entity under this section for an advance for the payment or reimbursement of the cost of baseline environmental assessments, due care, and additional response activities and interest thereon included in a work plan approved by the department, the authority may capture taxes levied for school operating purposes and local taxes for the payment of that interest. If an authority reimburses a person or entity under this section for an advance for the payment or reimbursement of the cost of eligible activities that are not baseline environmental assessments, due care, and additional response activities and interest thereon included in a work plan approved by the Michigan economic growth authority, the authority may capture taxes levied for school operating purposes and local taxes for the payment of that interest provided that the Michigan economic growth authority grants an approval for the capture of taxes levied for school operating purposes to pay such interest. An authority may enter into agreements related to these reimbursements and payments. A reimbursement agreement for these purposes and the obligations under that reimbursement agreement shall not be subject to section 12 or the revised municipal fi nance act, 2001 PA 34, MCL 141.2101 to 141.2821. (18) If a brownfi eld plan includes the capture of taxes levied for school operating purposes, approval of a work plan by the Michigan economic growth authority in the manner required under section 15(14) to (16) is required in order to use tax increment revenues attributable to taxes levied for school operating purposes for purposes of eligible activities described in section 2(m)(iv)(E) for 1 or more parcels of eligible property. The work plan to be submitted to the Michigan economic growth authority under this subsection shall be in a form prescribed by the Michigan economic growth authority. The eligible activities to be conducted and described in this subsection shall be consistent with the work plan submitted by the authority to the Michigan economic growth authority. The department’s approval is not required for the capture of taxes levied for school operating purposes for eligible activities described in this section. (19) In each fi scal year of the authority, the amount of tax increment revenues attributable to local taxes that an authority can use for the purposes described in subsection (16)(a) shall be determined as follows: (a) For authorities that have 5 or fewer active projects, $100,000.00. (b) For authorities that have 6 or more but fewer than 11 active projects, $125,000.00. (c) For authorities that have 11 or more but fewer than 16 active projects, $150,000.00. (d) For authorities that have 16 or more but fewer than 21 active projects, $175,000.00. (e) For authorities that have 21 or more but fewer than 26 active projects, $200,000.00. (f) For authorities that have 26 or more active projects, $300,000.00. (20) As used in subsection (19), “active project” means a project in which the authority is currently capturing taxes under this act.”. The motion did not prevail and the amendment was not adopted, a majority of the members serving not 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.

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

Rep. Durhal entered the House Chambers.


Senate Bill No. 1233, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 2 (MCL 125.2652), as amended by 2007 PA 204. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:



Angerer Donigan Lahti Schmidt, W.Ball Durhal Leland ScrippsBarnett Espinoza Lindberg SegalBauer Geiss Lipton SheltrownBennett Gonzales Liss SlavensBledsoe Green Mayes SlezakBooher Gregory McDowell SmithBrown, T. Haase Meadows SpadeByrnes Hammel Melton StanleyByrum Haugh Nathan TlaibClemente Huckleberry Neumann TylerConstan Jackson Oakes ValentineCushingberry Johnson Polidori WarrenDean Kandrevas Roberts WomackDillon Kennedy Schmidt, R. Young

Nays—41

Agema Genetski Kurtz PavlovAmash Griffin LeBlanc PearceBolger Haines Lori ProosBrown, L. Hansen Lund RoccaCalley Haveman Marleau RogersCaul Hildenbrand McMillin SchuitmakerCrawford Horn Meekhof Scott, P.Daley Jones, Rick Meltzer ShirkeyDenby Knollenberg Moss StamasDeShazor Kowall Opsommer WalshElsenheimer


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing,” 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. 1056, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8251 (MCL 600.8251), as amended by 2003 PA 7. The bill was read a second time.


Rep. Schuitmaker moved to amend the bill as follows: 1. Amend page 3, line 2, after “CLASS” by striking out “CONSISTING OF 1” and inserting “IN A”. 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.

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


Senate Bill No. 1056, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8251 (MCL 600.8251), as amended by 2003 PA 7. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Elsenheimer Jones, Rick RobertsBauer Espinoza Kandrevas RoccaBennett Geiss Kennedy Schmidt, R.Bledsoe Genetski Kowall Schmidt, W.Booher Gonzales Leland SchuitmakerBrown, T. Green Lindberg ScrippsByrnes Gregory Lipton SegalByrum Griffin Liss SlavensCaul Haase Marleau SlezakClemente Haines Mayes SmithConstan Hammel McDowell SpadeCorriveau Hansen Meadows StamasCrawford Haugh Meekhof StanleyCushingberry Haveman Melton TlaibDean Hildenbrand Nathan ValentineDenby Horn Neumann WalshDeShazor Huckleberry Oakes WarrenDillon Jackson Polidori WomackDonigan Johnson Proos YoungDurhal

Nays—24

Amash Daley Lund PearceBall Knollenberg McMillin RogersBarnett Kurtz Meltzer Scott, P.Bolger Lahti Moss SheltrownBrown, L. LeBlanc Opsommer ShirkeyCalley Lori Pavlov Tyler



Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” The House agreed to the full title. Rep. Melton moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Senate Bill No. 1376, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1209, 2519, 3207, 7105, 7411, 7414, 7817, 7821, and 7910 (MCL 700.1209, 700.2519, 700.3207, 700.7105, 700.7411, 700.7414, 700.7817, 700.7821, and 700.7910), sections 1209, 2519, and 7105 as amended and sections 7411, 7414, 7817, 7821, and 7910 as added by 2009 PA 46 and section 3207 as added by 2006 PA 299, by amending the headings of the parts of article VII, by amending the heading of article VIII, and by designating sections 8101 and 8102 as part 1 and sections 8201 to 8206 as part 2 of article VIII and adding headings for those parts. 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.

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


Senate Bill No. 1376, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1209, 2519, 3207, 7105, 7411, 7414, 7817, 7821, and 7910 (MCL 700.1209, 700.2519, 700.3207, 700.7105, 700.7411, 700.7414, 700.7817, 700.7821, and 700.7910), sections 1209, 2519, and 7105 as amended and sections 7411, 7414, 7817, 7821, and 7910 as added by 2009 PA 46 and section 3207 as added by 2006 PA 299, by amending the headings of the parts of article VII, by amending the heading of article VIII, and by designating sections 8101 and 8102 as part 1 and sections 8201 to 8206 as part 2 of article VIII and adding headings for those parts. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal Kurtz ProosAmash Elsenheimer Lahti RobertsBall Espinoza LeBlanc RoccaBarnett Geiss Leland RogersBauer Genetski Lindberg Schmidt, R.Bennett Gonzales Lipton Schmidt, W.


Bledsoe Green Liss SchuitmakerBolger 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 Meltzer StamasCorriveau Huckleberry Moss StanleyCrawford Jackson Nathan TlaibCushingberry Johnson Neumann TylerDaley Jones, Rick Oakes ValentineDean Kandrevas Opsommer WalshDenby Kennedy Pavlov WarrenDeShazor Knollenberg Pearce WomackDonigan Kowall Polidori Young

Nays—0


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 aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; 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. 1377, entitled A bill to amend 1968 PA 251, entitled “Cemetery regulation act,” by amending section 16 (MCL 456.536), as amended by 2008 PA 478. 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. 1377, entitled A bill to amend 1968 PA 251, entitled “Cemetery regulation act,” by amending section 16 (MCL 456.536), as amended by 2008 PA 478. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:



Agema Durhal Kurtz ProosAmash Elsenheimer Lahti RobertsBall Espinoza LeBlanc RoccaBarnett Geiss Leland RogersBauer Genetski Lindberg Schmidt, R.Bennett Gonzales Lipton Schmidt, W.Bledsoe Green Liss SchuitmakerBolger 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 Meltzer StamasCorriveau Huckleberry Moss StanleyCrawford Jackson Nathan TlaibCushingberry Johnson Neumann TylerDaley Jones, Rick Oakes ValentineDean Kandrevas Opsommer WalshDenby Kennedy Pavlov WarrenDeShazor Knollenberg Pearce WomackDonigan Kowall Polidori Young

Nays—0


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the creation and management of cemeteries; to provide for a cemetery commissioner and to prescribe the powers and duties of the commissioner; to require the registration and audit of cemeteries; to provide standards regarding the long-term care of certain cemeteries and trusting of certain funds; to regulate persons selling burial, entombment, or columbarium rights and certain merchandise; to provide for qualifications for owners, operators, employees, and transferees of cemeteries under certain circumstances; to allow the cemetery commissioner to conduct certain investigations; and to prescribe administrative and civil remedies and penalties,” 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. 1378, entitled A bill to amend 1986 PA 255, entitled “Prepaid funeral and cemetery sales act,” by amending section 12 (MCL 328.222), as amended by 2004 PA 21. 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.

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Rep. Neumann moved that Rep. Polidori be excused temporarily from today’s session. The motion prevailed.


Senate Bill No. 1378, entitled A bill to amend 1986 PA 255, entitled “Prepaid funeral and cemetery sales act,” by amending section 12 (MCL 328.222), as amended by 2004 PA 21. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal Kurtz ProosAmash Elsenheimer Lahti RobertsAngerer Espinoza LeBlanc RoccaBall Geiss Leland RogersBarnett Genetski Lindberg Schmidt, R.Bauer Gonzales Lipton Schmidt, W.Bennett Green Liss SchuitmakerBledsoe Gregory Lori Scott, P.Bolger Griffin Lund ScrippsBooher Haase Marleau SegalBrown, L. Haines Mayes SheltrownBrown, T. Hammel McDowell ShirkeyByrnes Hansen McMillin SlavensByrum Haugh Meadows SlezakCalley Haveman Meekhof SmithCaul Hildenbrand Melton SpadeClemente Horn Meltzer StamasConstan Huckleberry Moss StanleyCorriveau Jackson Nathan TlaibCrawford Johnson Neumann TylerCushingberry Jones, Rick Oakes ValentineDaley Kandrevas Opsommer WalshDean Kennedy Pavlov WarrenDenby Knollenberg Pearce WomackDeShazor Kowall Polidori YoungDonigan

Nays—0


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the sale and providing of funeral and cemetery merchandise and services and other related interests; to regulate the use of funds received by sellers and providers of certain merchandise, funeral and cemetery services, land


or interests in land, and related other interests; to prescribe certain powers and duties of certain departments and certain other state and local officers; to provide for the promulgation of rules and establishment of fees; and to provide for penalties and remedies,” 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. Angerer moved that the following remarks be printed in the Journal. The motion prevailed.

Rep. Leland: “Few Michiganders are able to serve in this great institution and even fewer people at my age. As I term out of office I also let go of something very precious to me, my adolescence. It is something that many of you have had an impact on, people like Ed Clemente, Jeff Mayes, MFL Angerer, Rev. Dean, Steve Bieda, Steve Tobocman, Deb Kennedy, Tupac Hunter, Mo Hood, George Cushingberry, Andy Meisner, Dianne Byrum, Kathleen Law, Steve Adamini, Gino Polidori, Aldo Vagnozzi, Speaker Dillon, Bill Huizenga, Mark Meadows, and Mary Valentine, just to name a few. These people have helped shape my life and for this I am very grateful. Thank you to all who had an impact on my special political upbringing. So how does a white Jewish kid with a checkered past from you-know-where grow up and become a State Rep. for the city of Detroit? Well, it’s not all that difficult to explain. Through hard work, dedication and trust anything is possible, and having a loving father in elected office doesn’t hurt either. So you want a Farewell: huh? What a funny term for me. I have a little different take on this because like some of you, I was born into this business. I don’t feel as though I came in here six years ago and I don’t really feel like I’m leaving. Maybe this should be more like a hello and an introduction than a goodbye. So here we go! Hi my name is Gabe Leland. I’m 28, and I’m a State Representative from the 10th district in Northwest Detroit. Almost everything I have today both in assets and in knowledge I owe to my father, the Honorable Burton Leland, current Wayne County Commissioner and past legislator for 26 years. He is my mentor and inspiration. Thank you Dad for your guidance and your leadership. Six years ago as a young 22 year old I won a seat in the House of Representatives. I ran a campaign based on a few principles that I thought were important. I want to thank my constituents for believing in my sincerity and for giving me the chance to serve. I have connected with my community in a way that was special because although my age could have been an issue, it wasn’t. I was elected from among a slate of 10 candidates, all who had much more life experience than I. What separated me from the pack was that I was a Leland, and from that day forward I had to prove to my district and to myself what that meant. I am a community activist, a champion of the people and a dedicated servant who will go the distance for anyone, anytime, no matter what the conditions may be. There isn’t a press conference associated with this type of work, no camera shots or quotes in the local paper: It’s just good ole fashion help through casework and advocacy. It’s a cold world out there and government bureaucracy can sometimes make it harder for people to live a comfortable life, and that’s where we come in. We make it easier to make it in a cold, hard world. But I can’t take all the credit and so therefore I would like to thank all my staff both past and present who have worked in my office. Janell Freeman, Dan Oberlin, Madeline Day, and Joe Taylor, thank you all for your hard work. You helped me grow in so many ways. I will never forget you. I learned from my father that effective legislating should be solely based around the needs of the community. Those that are out of line with the values of their community will eventually be kicked out. Throughout these six years it was about staying in line with the needs of the community. When you achieve this, nothing else matters. Riet Schumack is someone who many of you will never know. She is a bold woman and the type of person that each of you have encountered in your own community, someone you wrap your arm around. Riet’s story magnifies the nature of our business. I wouldn’t be the same kind of legislator without her. Riet is an urban pioneer; an urban gardener who moved into my district and into one of the most impoverished neighborhoods in the country. A place called Brightmoor. She needed this community and the community needed her. One day she left a tax auction in tears because she was outbid by an abrasive investor looking to make it rich…… in Brightmoor, yeah right! She called me pleading for a parcel of land to farm on. After further research I learned the abrasive investor owned many parcels in Brightmoor and many were tax-reverted. Now how can we allow an investor who has no interest in the community to outbid the Riet Schumacks of the world, it is they who will beautify our neighborhoods and bring back our cities. I took the idea to LSB and we made something out of it. Many thanks to our bipartisan research team, House Fiscal, bill clerks, and all of our policy staff that help make our dreams a reality. The bill creates a system where counties would require a signed affidavit from bidders attesting they don’t owe back taxes. It’s a development plan for urban cities to get vacant and dilapidated properties into the right hands. We as a State House passed this bill unanimously and it is currently awaiting a vote in the Senate.


Riet and many others like her in the community knew they could count on me to help make Brightmoor a better place to live. To me this is what it means to be a Leland!”

Rep. Schuitmaker: “My … how six years goes so fast. It has been an honor and privilege to serve the residents of this great state and the residents of the 80th District. I thank them for giving me the opportunity to serve. I also want to give thanks to my Creator, the Lord God above. I have been very blessed by the life He has bestowed upon me. I would, also, like to thank my parents, Harold and Zoe Schuitmaker and grandmother, Dorothy Verhage and grandfather Allen Verhage, for the life lessons they have been teaching me my entire life. My husband, Steve, has been my soul partner in life and I am ever so grateful for his presence in my life. Our two children, Jordan and Savina, have been blessings beyond words and I thank them for their sacrifice of having marched in many parades, enduring 4 campaigns and many late nights without their mom at home. Also thank you to my predecessors, many Senators, mentors, supporters and Mr. Hall, my high school govern ment teacher, who inspired me at an early age. This is my third time sitting through farewell speeches. I always thought that I would provide some great insight or pontification like many of the great speeches that I have heard before and this week. However, I have decided that I cannot do better than my fellow colleagues, my friends, have already said so at this time I just wish to say a meaningful thank you. I consider all of you my friends and respect all of you for the people you are. I wish I could mention all by name, but unfortunately time will not permit. I would ask your indulgence on people which have made a great impact during my years here: First Term I was lucky enough to have been the second to last ball to have been called for seat selection, so it was quite serendipi-tous that I have the most liberal member of our caucus, Rep. Ball, on one side and the most conservative on the other, Rep. Gosselin. Thanks for your friendship. Thank you to Speaker DeRoche, Majority Floor Leader Chris Ward, David Law, Neal Nitz, Dave Palsrock, Phil LaJoy, Barb Farrah, Gary Newell, Steve Bieda, Brenda Clack, Paul Condino, Jim Marleau, Tom Pearce and Bill Huizenga, who as an only child, was like a big brother to me. I also had a wonderful mentor in Judiciary with the great Bill VanRegenmorter. I value all of your friendships. Second Term The loss of majority and the 21 days of session. Rep. Proos did a great job as caucus chair putting up with caucus discontent. I thank you. The only good thing to come out of that was I got to know Kim Meltzer, Lisa Wojno and Frank Accavitti better. I also thank Ken Horn for coming to my district for the Tourism Task Force. Third Term Another great seatmate who had my back, Arlan Meekoff. I also was put on Appropriations and Chuck Moss – I have enjoyed your humor, ‘Moss messages’ and your spine ever since. I also enjoyed all the members on Appropriations and, especially, the dry humor of Bill Caul. Sharon Tyler, John Proos, and Jase Bolger. Thank you all for your friendship and giving me rides back to the district on occasion. Thank you also, to Kevin Green, Jim Stamas, John Walsh, Matt Lori and Cindy Denby in helping me this past fall when you had no reason to. Also, thank you Jim for the endless supply of ‘M&Ms’. I also had the opportunity to serve on Energy and Technology under the great chairman and true statesman, Jeff Mayes, who also sits behind me. You have a talent of sitting all sides down and figuring out how to move great public policy along. Also sitting behind me is my good friend, Joel Sheltrown. For you I can thank knowing what a cormorant is and the damage they do to windmills and our lakes and I am sorry about my position on road ends. I also had the great opportunity to Co-chair the Womens’ Caucus with a class act, Joan Bauer. Thank you to Reps. Tlaib and Lipton for working with me on legislation. Thank you. Most of you know me, know that my real passion lies in the Judiciary Committee. Thank you to all the members, but especially, my members, Joe Haveman, Congressman Justin Amash, the awesome and often camera shy, Rick Jones, Eileen Kowall and Tory Rocca. You were a great team. However, we are only as good as the support that we get from Republican and Democrat policy staff, and the number one person that I depend on along with the entire legal community, is Mr. Bruce Timmons. I had the honor of presenting Bruce with a tribute for his 40 years of service and that was 3 years ago. All I can say is that I hope he and I are still here for his 50 years. Chris Harkins, Brenda Resch, Scott Starr, Dave Murley, Marcela Westrate, Peter Morman and Brian Mills have all been instru-men tal in the last session with the issues that I have worked on. Thank you to Suzanne Miller Allen, who is extraordinary in my book. Also, thank you to Mike Quillinan, John Perry, Jeff Barron, Phyllis Browne, Central Staff, LSB, Communications, Policy, Frank Raha, Mitch Bean and the entire House Fiscal Agency and Gary Randall and the entire Clerks’ office. Also thank you to the Sergeants for always doing a superb job. Now to the leadership of this caucus this year, Kevin Elsenheimer and Dave Hildenbrand. You have made a great team and your Leadership has been top notch. You provided a road map to great policy that incorporated everyone in our caucus. I thank you and it is evident, that because of your great policy and leadership, that it transposes to great politics. And now to the two people who support me the most here in my day to day activities. The best staff a legislator can ask for, Rebecca DeVooght and Arika Sinnott. I have appreciated your diligence, professionalism, friendship and humor


over the years. Your dedication to your career in public service and the citizens of Southwest Michigan is exemplary. I thank you from the bottom of my heart for everything. I also wish to thank the writers I have had over the years and the many great interns and current interns, Lorrilea, Lauren and Nick.”

Rep. Roberts: “‘Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has - Margaret Mead’ The empowerment of people to make democracy work - Clean Water Action These words have served as guides for me over the years. At the core of these quotations are people – at the core of our job as State Representatives are the people – those we serve, those we work to give a voice. I want to thank the people of the 24th district for enriching my life and for making me a better person. I want to thank the constituents who took the time to voice their opinions through letters, emails, and phone calls – by stopping me at the grocery store and at the local diner. They took an active role in their government. They made their voice heard, and I want to commend them for that. We need more people who are willing to engage and to share their thoughts and concerns and to hold us, their elected representatives, accountable. I want to thank the kind constituents who would email me just to tell me to keep up the good work. I want to thank Donald Vonk for all his emails and information on what was wrong with government and Clarke Stough for the pointed questions at my coffee hours - both conservative Republicans who also let me know they supported me, because they believed I was doing a good job despite our differences in opinion and party. I want to thank all the constituents who let me know they disagreed with me because they kept it real. To all of my amazing volunteers for their commitment to a better government and for assisting me in accomplishing so much. Thank you. Thank you Joe Krutell – who was there from day one. He is a retired school board and city council member who is one of my biggest cheerleaders and a kind mentor – now we can have dinner. Thank you, Cyndi Roper, for giving me a chance, for believing in me, and for the opportunity to learn and grow. I would not be here today if you hadn’t given me the tremendous challenge of being a Community Organizer with Clean Water Action. I am still a Community Organizer at heart and proud to say so. My dearest friends, Matt, Bethany, John, and Sarah – thank you for listening and encouraging me to never give up and to keep fighting – even when it wasn’t easy. I want to thank my family: my dad, Charles; my mom, Helen; my brother, Tobias; and my sister-in-law, Rachel for all your love and support. My beautiful nephew and niece, Brady and Madeline, for reminding me that all the decisions I made as a State Repre-sentative are about the future of our great state - our children. I want to thank my extremely hard working staff: Scott Neumann and Ashley Samson, for their diligence, their amazing commitment to my constituents, and for putting up with me. They literally knocked on thousands of doors with me. I repeatedly heard from constituents about how grateful they were for Scott’s help. As a team we educated constituents, we helped them through the bureaucracy, we helped people stay in their homes, get their unemployment checks, and helped to solve other problems. Being able to help people is what made my job the most rewarding. Thank you to Erika Richter and all the interns who helped make our office and our projects successful. I want to thank Andrew Krebs, Beth Clute, Jamie Highfield, Dave Schupbach and Chelsea Benjamin for all their work in helping me keep up a great communication plan for people of the 24th district. I want to thank Lavora Barnes, who was first a colleague and is now a friend and a mentor. All of the policy staff for supporting me and helping me with a tough learning curve and for all of their hard work, knowledge and incredible ability to retain so much knowledge. They are imperative in an era of term limits where institu-tional knowledge has been lost. Representative Marie Donigan for being my mentor. My Chairman, Representative Gino Polidori – Thanking you for allowing me to chair committee. My Macomb County crew - Reps. Miller, Switalski, Liss, Haugh and especially Rep. Haase who helped me stay awake on those late night drives home by talking on the phone with me and of course for making me a better member of the House Education Committee. And thank you, Ed Bruley, for your friendship and challenging me to work harder and be the best that I can be. I want to thank Speaker Dillon and Majority Floor Leader Angerer for giving me the amazing opportunity to be an Assistant Floor Leader. Throughout Michigan’s History, truly only a small number of individuals get the opportunity to run the floor of the Michigan House of Representatives. And, in honor of you MFL – I wore my Kathy Angerer outfit today.


Also, to my dear, dear friend and seatmate, Rep. Tlaib - Thank you for listening, for making me laugh, sharing lunch, keeping it real, and for reminding me that the best representative is a representative who stands up and fights for what is right. I want to thank each and every one of you for enriching my life and sharing such an awesome experience with me. Many of you surprised me – in good ways. I appreciate the kindness, the support, and the warm smiles. I know the most important part of my job is not my title, but the people I have been elected to serve and what I chose to do on behalf of working for them. Although I may have argued with some of you on a particular issue or piece of legislation, I did so because I was working for what I believed was right for the 24th district, the citizens of Michigan and all of our hard working employees who dedicate their life to working for the public. The past two years have been filled with many struggles, but from those difficulties I was able to learn many things and to become a stronger person for it. I hope you impart the same wisdom upon the new class of Representatives that many of you have graciously shared with me. Of the many lessons I have learned and difficulties I have had to face, the most salient lessons of the past two years is that leadership is difficult and there are no easy answers to Michigan’s challenges. From our vantage point as legislators, we often find ourselves looking across an aisle or being surrounded by the walls of a caucus room, but as many of us prepare to leave the world of red and blue and Republican seats and Democratic seats behind, the questions that remain are those that speak to the core of what it means to live in the state we all care so much about: Will this be a place where the children of today will want to raise their children? Will students in our state feel that a bright future awaits them? Will our economy reflect the creativity and ingenuity of the people who live here and enable them to live a quality life? Will our government prove they can earn the trust of the citizens? Will the unique beauty that speaks to our souls be left for future generations to enjoy? Regardless of whether you’re sitting on the left or the right, I hope that we are all looking forward and that the view is the same: a Michigan that we can be proud of and a hopeful future for those we serve. It is my hope that those of you who will be returning will remind your new colleagues of this daily, and I hope that you will work to these ends. For those of us that will not fill these seats during the next session, it is my hope that you will use the drive and commitment to improving the lives of others that brought you here to find new ways to serve the people of Michigan and to continue fighting to give them a voice. It has been an honor and a privilege to have had the opportunity to strive for a better Michigan, to serve the people of the 24th district, and to work with all of you. I look forward to watching the 96th legislature solve the difficult problems that lie ahead while protecting all of Michigan’s citizens and making us all proud to call Michigan home.”

Rep. Smith: “I was born an identical twin in Columbia, South Caroline in the years of Jim Crow. When we were two, my sister Lucille played with some matches she found in the barn and caught her dress on fire. The ambulance that came to take Lucille to the hospital turned around and left her to die in our mother’s arms because the family was Black. From that moment my parents instilled a family value in my sisters and me: The color of your skin, the depth of your wallet and the place where you live must never limit your opportunity for a great quality of life. My parent’s legacy is great and long and it includes a long list of public servants: my sisters Judges Nancy Francis and Mary McDade, my son, Conan, daughters Dana and Tara and a daughter-in-law, Rebekah Warren – my House seatmate and confidant for four years. Public service is an honorable pursuit. My three-and-a-half year old grandson reminds me why I committed to public service and he reaffirms my determination to make his state and world better. I have served in the MI legislature for 14 years and I want to thank the citizens of Washtenaw County for the honor and privilege of having represented them in both the Senate and House. In the course of those 14 years, I have been to almost every county in the state. I learned that the citizens throughout Michigan have the same desires and hopes for themselves and their children as the citizens who elected me: health for their families, a good education that allows them to be successful and competitive and a safety net when they fall on hard times. I was a staff member in the Michigan Senate and I know who really runs the legislature. So thanks to the members of the Democratic central staff who have been of immeasurable importance during my tenure and to Republican staff such as Bruce Timmons, Frank Raha and John Lazet who have been honest brokers for your representatives and their goals. I especially thank Mark Salogar whom I’ve known and trusted for over 14 years, and Marcela Westrate, Marilyn Peterson and Bob Schneider who have kept the corrections budget logical and on track. Any success I’ve achieved in the legislature I owe to a very dedicated personal staff and I would be seriously remiss if I didn’t thank Mary Sansbury who was my boss when I was staff for Senator Lana Pollack and who is still my boss


22 years later as a member of my house staff, Lonnie Scott who is a tireless worker and brilliant political strategist and Anne Brown who has managed my district office and kept up a public persona for me when I was away in Lansing or on the road with other pursuits. The administrative staff of the clerk’s and house of representative’s offices are without parallel in the private sector as are the public employees in the departments that we are too often ready to throw to the wolves. We have indispensable and unsung support staff in the LSB and House Fiscal Agency who labor without adequate recognition. Jon Bollman, Mitch Bean and Gary Olson are without peer. Their depth of knowledge, ability to take broad concepts and shape workable legislation and all the while make it appear as if we did it is remarkable. They are valuable and irreplaceable especially as term limits continues to take its toll on institutional memory and member expertise. And many of us in this chamber have heard from Christine Hammond who will lead you through your free lifetime health care for which you will pay a precious premium of at least $3600 a year. My colleagues, past and present - kindred spirits and honest foils alike - make this democratic process relevant. Good public policy is most often the result of negotiation and compromise. When we force one perspective forward we too often find ourselves revisiting the policy in a year or two to create balance. There are too many great colleagues to mention but I will venture into the trap to which some of us have already succumbed: John Espinoza, you are an honorable and courageous man – the greatest. Rebekah Warren, not even this process can quash your spirit, values or integrity. There is a rumor out there that Doug Bennett, Steve Lindberg, George Cushingberry and I have never met a tax we don’t like. So recognition must go to the Democratic members, especially Mary Valentine, Robert Dean, Terry Brown and Republican Chris Ward who voted for taxes in 2007 when everyone was telling you it meant your certain defeat, you are models of values over politics. And to those of you like Jennifer Haase who in 2009 demanded a vote for taxes before a cut in service regardless of what it may have meant to your re-election, we need more legislators like you. Mark Meadows - stay judicious. Marie Donigan, keep on ‘training’, Rashida Tlaib and Vicki Barnett, stay feisty. Joan Bauer stay the sage, determined champion for higher education and strong democratic values that you are. When you need attention to detail founded on strong values turn to Ellen Cogan Lipton. The passionate conscience of the House Democratic Caucus will in my opinion remain Shanelle Jackson – stand tough girl. Bruce Caswell and Jack Brandenburg taught me what it means to do battle with people as opinionated as I and John Proos with his more reasonable demeanor and sense of humor was none-the-less as tenacious. Senator Alan Cropsey - could two legislators with such diverse philosophies ever find agreement: well yes - we are the short and the long of the legislative process and the way it should work. Kathy Angerer you have been superb and Speaker Dillon we’ve had our moments but you have been more than fair. To the members who battled illness and kept working thank you; to the families of those who lost their battles to illness – your loved ones will be remembered for their dedication. The temptation for members of a ‘unified’ government - that is all one party or the other - is to yield legislative power to the executive and that is all the easier because the legislative members are so new and ever-renewed. Don’t succumb. Legislators, and especially you in the House, are the closest to the people and you are their voice. But it is my constituency that elected me over and over and over again, that said job well done, keep working. I really thank them for this opportunity to be here, and I thank you all for your public service.”

______

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

______

Rep. Dean moved that Reps. Griffin and Neumann be excused temporarily from today’s session. The motion prevailed.

Rep. Byrum moved that Rep. Lipton be excused temporarily from today’s session. The motion prevailed.


House Bill No. 4431, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 239 and 239a (MCL 750.239 and 750.239a), section 239a as added by 1996 PA 496.


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. Dean 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 Leland RogersBarnett Espinoza Lindberg Schmidt, R.Bauer Geiss Liss ScrippsBennett Gonzales Lori SegalBledsoe Gregory Lund SheltrownBrown, L. Haase Mayes SlavensBrown, T. Hammel McDowell SlezakByrnes Haugh Meadows SmithByrum Horn Melton SpadeClemente Huckleberry Meltzer StanleyConstan Jackson Nathan TlaibCorriveau Johnson Oakes TylerCushingberry Kandrevas Pearce ValentineDean Kennedy Polidori WarrenDeShazor LeBlanc Roberts WomackDonigan

Nays—37

Agema Elsenheimer Kowall ProosAmash Genetski Kurtz RoccaBall Green Lahti Schmidt, W.Bolger Haines Marleau SchuitmakerBooher Hansen McMillin Scott, P.Calley Haveman Meekhof ShirkeyCaul Hildenbrand Moss StamasCrawford Jones, Rick Opsommer WalshDaley Knollenberg Pavlov YoungDenby

In The Chair: Haase


House Bill No. 6389, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14 of chapter XI (MCL 771.14), as amended by 2000 PA 279. The Senate has amended the bill as follows: 1. Amend page 6, line 3, after “unless” by striking out “House Bill No. 6390” and inserting “Senate Bill No. 1491”. 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. Dean moved that Rule 42 be suspended. The motion prevailed, 3/5 of the members present voting therefor. 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 Dillon Kowall ProosAmash Donigan Kurtz RobertsAngerer Durhal Lahti RoccaBall Elsenheimer LeBlanc RogersBarnett Espinoza Leland Schmidt, R.Bauer Geiss Lindberg Schmidt, W.Bennett Genetski Lipton SchuitmakerBledsoe Gonzales Liss Scott, P.Bolger Green Lori ScrippsBooher Gregory Lund SegalBrown, L. Haase Marleau SheltrownBrown, T. Haines Mayes ShirkeyByrnes Hammel McDowell SlavensByrum Hansen McMillin SlezakCalley Haugh Meadows SmithCaul Haveman Meekhof SpadeClemente Hildenbrand Melton StamasConstan Horn Meltzer StanleyCorriveau Huckleberry Moss TlaibCrawford Jackson Nathan TylerCushingberry Johnson Oakes ValentineDaley Jones, Rick Opsommer WalshDean Kandrevas Pavlov WarrenDenby Kennedy Pearce WomackDeShazor Knollenberg Polidori Young

Nays—0

In The Chair: Haase


House Bill No. 5368, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8501, 8517, and 8520 (MCL 324.8501, 324.8517, and 324.8520), section 8501 as amended by 2008 PA 13, section 8517 as amended by 2008 PA 14, and section 8520 as added by 2006 PA 503, and by adding sections 8512b, 8512f, and 8512g. 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. Dean 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 Donigan Lahti Schmidt, R.Ball Durhal LeBlanc SchuitmakerBarnett Elsenheimer Leland ScrippsBauer Espinoza Lindberg SegalBennett Geiss Lipton SheltrownBledsoe Gonzales Liss SlavensBrown, L. Gregory Mayes SlezakBrown, T. Haase McDowell SmithByrnes Hammel Meadows SpadeByrum Haugh Meekhof StanleyClemente Hildenbrand Melton TlaibConstan Huckleberry Meltzer ValentineCorriveau Jackson Nathan WarrenCushingberry Johnson Oakes WomackDean Kandrevas Polidori YoungDillon Kennedy Roberts

Nays—37

Agema Genetski Kurtz ProosAmash Green Lori RoccaBolger Haines Lund RogersBooher Hansen Marleau Schmidt, W.Calley Haveman McMillin Scott, P.Caul Horn Moss ShirkeyCrawford Jones, Rick Opsommer StamasDaley Knollenberg Pavlov TylerDenby Kowall Pearce WalshDeShazor

In The Chair: Haase


House Bill No. 5327, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2008 PA 573. The Senate has amended the bill as follows: 1. Amend page 8, following line 20, by inserting: “Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law: (a) Senate Bill No. 796. (b) Senate Bill No. 889.”. 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. Dean moved that Rule 42 be suspended. The motion prevailed, 3/5 of the members present voting therefor. The question being on concurring in the amendment made to the bill by the Senate,

Rep. Dean moved that consideration of the bill be postponed temporarily. The motion prevailed.



Rep. Angerer moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 1072. The motion prevailed.


Rep. Hildenbrand: “Well it certainly has been an honor to serve in the Michigan House of Representatives. This is a special club that many people seek, but only a few get the privilege to serve. Like all of you, my journey in faith and life has taken lots of twists and turns. And I often feel very undeserving of all the good the Lord has given me. I need to first thank my family, my beautiful wife Sarah and daughter Jane who have been extremely supportive and under-standing through this face-paced chapter in my life. And of course my parents who don’t know anything about politics but continue to be my biggest cheerleaders. To the people of the Grand Rapids area, I am humbled to have your trust. I could say something kind about everyone in this chamber, Democrats and Republicans alike, as well as the others that I served with in my first 2 terms. But just like so many other endeavors in life, there are people that you are drawn to because of age, geography, similar interests, common backgrounds or personalities, and because of specific responsibilities. So I have a few people I would like to recognize. First to my 6 fellow Kent County colleagues: Reps. Pearce (the Dean), (the two great advocates for the City of Grand Rapids), Roy Schmidt, The Reverend Robert Dean, David Agema (our immigration guru), Justin Amash (Mr. Congressman) and the very passionate Kevin Green - I have appreciated our friendship and support for each other at the various district meetings back home. To our caucus leadership team, led by a very talented and natural leader Kevin Elsenheimer who I respect a great deal. This is a guy that has a bright future in either the public or the private sector, which ever path he chooses. And the others Reps on our leadership team: Rogers, Lund, Kowall (Madam Chair), Green, Moss, Meekhof, Schuitmaker, and DeShazor. I appreciated your integrity, sense of humor and dedication to our caucus as we worked through the issues. To the 9 other Republicans and the 4 Democrats in this Chamber that I have the privilege to continue to serve with in the Senate: Reps. Meekhof (a fellow hunter and fisherman from West MI), Phil Pavlov (hopefully we will have a few more all night problem solving sessions), Rick Jones (don’t tase me bro), Proos (the ultimate statesman), the very talented Tonya Schuitmaker, Tory Rocca (the family of regulatory reformers), the politically savvy and jolly Jim Marleau, the steady hand of Goeff Hansen, the intelligent and inquisitive Darwin Booher, the thoughtful Vincent Gregory, the spicy Rebekah Warren, and 2 guys who are great advocates of Detroit and who both have a lot of passion and heart - Bert Johnson, Coleman Young II. And of course the new President of the Senate, our colleague Lt. Governor Elect Brian Calley, who is one class act. To all of you, it is my hope that we can all work together to move this state forward. I served under 2 Speakers of the House, Craig DeRoche and Andy Dillon. Although there were times when I disagreed with them, I respect both of them for taking on the duties and responsibilities that come with leading this chamber. I’ve enjoyed the relationship I developed with Maj. Floor Leader Kathy Angerer. We had regularly weekly meetings to go over the agenda and she was always willing to share information, and accommodate as many of my requests as she could. I’ve enjoyed our relationship. I’ve had many very hard working and dedicated staff and interns over the years.A special thank you to Jen Dettloff who has been on my staff for all 6 years here in the House. She is hardworking, dedicated and loyal both here in my office and on the campaign trail and I am lucky to have her on my team. Also, of course Frank Raha who is a soldier for our caucus and has sat through the long days and nights to support the work we do. And Kerry VanLaan on my staff who also is a young lady that gives it her all both in the office and out on the campaign trail. I must say a thank you (like many of my colleagues already did) to all the people that make this institution work. Clerks Randall and Brown and their staff, the Sergeants, Suzanne, Gary Garbarino, policy and communication staff, LSB, Business office, and the House Fiscal Agency. You all make it so much easier to do our jobs. I’ve truly have enjoyed my time here. You learn a lot about how this place works and there have been some moments that I will never forget. So on a little bit of a lighter note, I put together a TOP TEN list for you to digest: It’s called The Top Ten Things People Don’t Know About Serving in the House: I think some of you will get a kick out of a few of these. 10) You can arrive into town on a Tuesday with a 20 dollar bill and leave 2 days later without breaking it. 9) If you are going to miss a deadline, don’t worry because this is one place in the world where you can literally stop the clock.


8) The Capitol Building can double as a hotel, like it did in 2007. The sleeping arrangements and accommodations are not what you would call plush, but you can’t beat the price. 7) We have some major state budget challenges, but areas of the Capitol are hand painted in 24 carat gold. Have you seen the price of gold lately. 6) We have our own 24 hour security who we affectionately call the red coats. On a side note, I asked one of them a few years back, ‘Would you take a bullet for me?’ And he quickly responded, ‘NO, but I would shoot the person who shot you.’ Fair enough. 5) There are 110 house members, 38 senators, and a Governor that are all involved in the legislative process, but only 3 of them negotiate the tough issues while the rest wait. 4) Even when Ticketmaster says ‘Sold Out’ - there is still a good chance you can get a ticket to your favorite show, concert or sporting event. 3) You can have appetizers at 5 receptions before actually going out for dinner. The freshmen 15 doesn’t just apply to college. 2) You can have a 2 hour appropriations committee meeting with 10 bills on the agenda but never talk about any of them. But trust me, you will hear several plugs for Detroit, the auto industry, MI blueberries, bird hunting, and the Upper Penin-sula. Things that I am very fond of as well, by the way. 1) You serve with a male state representative that carries a purse. Well, my farewell wouldn’t be complete without setting in motion a challenge to the future leaders. So to Spkr. Bolger, Maj. Floor Leader Stamas, Spkr. Pro Tempore Walsh, Min. Leader Hammel, and Min. Floor Leader Segal: Work together, understand and appreciate each other’s roles, cultivate an atmosphere in this chamber where every member is respected, where the issues are freely debated, and that this institution is treated with the kind of integrity that would make the men and women who served before you proud. I have the greatest of confidence in you. My best to all of you wherever your future may lead. Thank you Madam Speaker”.

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The Speaker Pro Tempore resumed the Chair.

Speaker Dillon: “I want to thank each of you. It has been a unique opportunity to serve here. I want to first and foremost thank the voters of the 17th district that trusted me to represent them here: Redford Township, and parts of Dearborn Heights and Livonia. It’s been a proud honor to serve and represent their values in this chamber for six years. I’ll never forget when I served in lame duck in 2004, and I was sitting in my office. It was night time in winter, I was looking at the lights, the Capitol was lit up and I was overwhelmed with the sense of duty that was bestowed upon me. I started thinking about two of my grandparents that immigrated here: one from Ireland, and one from Canada. If they only got to know that their grandson had the opportunity to serve in this great county of freedom. I also want to thank my family, my wife Carol, Jack, Tegan, Austin. We all know the price family pays. Thank you Carol for letting me serve, thank you kids. Before I came here I didn’t watch Lansing very much. I was political, I paid attention to politics, but I never really thought about what happened in Lansing. I paid more attention to what happened in Washington. But when I came here it struck me that big things happen here. People are able to get food because of the things we do in this room, people have health care, obtain an education, have the opportunity to get a job because of what we do here in this chamber. In the last campaign I ran this spring, when the team told me what your campaign schedule is going to be like: I thought, ‘if there’s one point in the week that I’ll get to myself and my family, it’d be Sunday mornings’. But, ‘no, no, you have to visit five churches every Sunday’. Ultimately, it became my favorite part of the campaign. And as you come back here, there is no doubt there’s going to be some tough decisions that have to be made here. But I learned something while visiting the churches in the poorest areas of our state, where there’s all kinds of challenges, and it’s the pastors in these churches that are on the front lines. And they are your partners. As you move through legislation next year, and you are making tough cuts; make certain you spend a little time in those communities so that you know what decisions you make on budgets. So you know what the impact will be, because without this partner that we have, the churches, the pastors in these communities, I fear greatly for the civil community that we want to live in. So, I invite you to take time to do that. They will invite you, receive you well. I gained confidence in that: as big as our problems are, they’re fixable because there’s great champions out there that we don’t see but they’re fighting the battle every day. As a body we’ve done a great job of complimenting the people that serve us, we look good because of our staff. All of the employees of the House: whether your in communications or policy, or clean our offices - thank you so much for serving the people of Michigan.


This year I had wanted to have a Halloween party right before the election - they talked me out of that. I had fallen asleep on the couch in my office one night and I was watching the shadows come down on this Capitol and I thought, ‘ what a great thing it would be, to have a little Halloween night and have kids trick or treat at every door in the Capitol. Then we’d have a masquerade ball as a fundraiser for a charity of your choice.’ But Peter quickly reminded me, ‘its three days before the election; that is not going to happen.’ They have all been dedicated and loyal; and I know they’ve served you well. They bend over backwards to accommodate the needs of the Members. I hope a tradition is kept here, which is to have holiday parties. You have to have a little fun when you’re here. I want to thank Joel Sheltrown for always being willing to come and play his saxophone and provide entertainment for all to enjoy. This is a beautiful building, and I think the more that people get exposed to it and see it, the better. When I came up here my expectations of the quality of the person that serves were far exceeded. There’s some tremendous talent that comes into this place, and I have a great deal of respect for virtually everyone of you. I have respect for you taking the risk, and putting your name on the ballot to come here. Unfortunately, this is a situation where I think that the whole is less than the sum of the parts. There are great people in this chamber, with great ideas and great work ethic, but when you pile it all together the media looks at us and says we’re so dysfunctional we’re so incompetent, we can never get anything done. It’s an unfortunate truth which will never go away but I want you all to know I have a tremendous amount of respect for each person here. I don’t have a top 10 list but I do want to walk through a series of some of my fondest memories I have about serving here. There’s no doubt that number one is the all night sessions. I’ll tell you why we went through that mess. I started in February reaching out to the Senate to come up with some type of proposal to address a 1.8 billion dollar problem and just deadline after deadline missed. I didn’t want the world to think we didn’t get it done because we weren’t working. That’s why I thought it best that we be here around the clock, and that we demonstrate that we were willing to get it done. Unfortunately, the media never rewarded us for that effort. I don’t think the public understood. But that was the reason why I raked you through the coals. I didn’t want the world to be able to point the finger to the House of Representatives and say, ‘they are the reason why we had a shutdown’ or say that we didn’t have a reasonable compromise. Thank you all for the work you did in that effort. Some special moments: I don’t think I was in the Speaker’s office for two weeks when an individual, Michael Blake, came up to me and said he was leaving to go work for Barrack Obama. I said that is great, you’ll never regret it, go. So a year ago when we went to D.C. to go fight for the autos, I had the privilege to walk into his office, in the executive office building. He’s now working for the President of the United States. I cried when I saw a man from my office now working for the White House. This can be a cool job. I’d also like to thank each of you for trusting me as the leader; I hope that I’ve met your expectations. I always tried my best and I tried to be fair. I know sometimes we failed, and sometimes we didn’t treat you as good as we wanted. Sometimes we didn’t have as much debate as I had hoped but hopefully we made some progress and hopefully this chamber will continue to get better as the new leaders emerge and learn from the past ones. It has been a privilege and honor to serve as your Speaker. Thank you for giving me that chance. I want to wish the new Speaker and Floor Leader good luck. I encourage you to all forge good relationships with the Senate. If you develop some good relationships over there I think it is less likely to happen. Remember you can say no to special interests. The sun will rise tomorrow. I know they are influential and powerful people, but you can say no, and please do. Say no when it’s the right thing to do for the people of this state, for the people you represent, and for the future of this state. Also, don’t take no for an answer. One of the biggest pieces of legislation we moved during my tenure, the group that benefited from it the most told me no when I asked for their help. They said they had tried it and they don’t want to go fight that fight again. I didn’t take no for an answer. I kept fighting and fighting. If you know something is right, and people keep telling you no, keep plowing forward, keep fighting for it. You never know you just might get it. Put your God and your family before this place. I’ll be the first to admit that I did not do that very well. I let this place interfere too much with my faith and my family. For that I am very sorry. Please don’t you make that same mistake. If there’s one thing I could have elevated that we didn’t, and I wish we could have done a little more on this: is mental health. Some very difficult decisions are going to be made next year. We have to pay attention to mental health, and I think for the fiscal conservatives you can find it can save money. But how many people in our corrections system really don’t belong there? They are mentally ill. So I want to challenge to you to at least consider it, and think about it, and examine the benefits. It seems to be the step-child of state budget, and I think we’ve done some real damage to the state there. I want to tell you to enjoy the ride, it goes fast. I can’t believe six years has flown this fast. May God bless each one of you and the great state of Michigan. Thank you.”

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


Rep. Melton moved that Reps. Angerer and Calley be excused temporarily from today’s session. The motion prevailed.


House Bill No. 5461, entitled A bill to provide for the establishment of a private source of funding for public infrastructure; to prescribe the powers and duties of certain public entities; to finance public infrastructure through public and private sources; to authorize the acquisition and disposal of interests in real and personal property; to authorize certain public and private entity partnerships; to authorize the creation and implementation of certain plans and negotiated benefit areas; to promote economic development; to authorize the use of tax increment financing; to prescribe powers and duties of certain state and local officials; to provide for rule promulgation; and to provide for enforcement of the act. The Senate has amended the bill as follows: 1. Amend page 13, line 20, after “body” by inserting “shall conduct a public hearing on the proposed tax increment financing plan and”. The Senate has passed the bill as amended and ordered that it be given immediate effect. 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 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 Elsenheimer Kowall RobertsBall Espinoza Kurtz RoccaBarnett Geiss Lahti RogersBauer Gonzales LeBlanc Schmidt, R.Bennett Green Leland Schmidt, W.Booher Gregory Lindberg SchuitmakerBrown, L. Griffin Lipton Scott, P.Brown, T. Haase Liss ScrippsByrnes Haines Lori SegalByrum Hammel Lund SheltrownCaul Hansen Marleau SlavensClemente Haugh Mayes SlezakConstan Haveman McDowell SmithCorriveau Hildenbrand Meadows SpadeCrawford Horn Meekhof StamasCushingberry Huckleberry Melton StanleyDaley Jackson Moss TlaibDean Johnson Oakes TylerDenby Jones, Rick Pavlov ValentineDeShazor Kandrevas Pearce WalshDillon Kennedy Polidori WarrenDonigan Knollenberg Proos WomackDurhal

Nays—8

Amash Genetski Meltzer OpsommerBledsoe McMillin Nathan Shirkey


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


House Bill No. 5661, entitled A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 5 (MCL 780.905), as amended by 2005 PA 315. 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. 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:


Ball Donigan LeBlanc Schmidt, R.Barnett Durhal Leland Schmidt, W.Bauer Espinoza Lindberg SchuitmakerBennett Geiss Lipton ScrippsBledsoe Gonzales Liss SegalBooher Green Lori SheltrownBrown, L. Gregory Marleau SlavensBrown, T. Griffin Mayes SlezakByrnes Haase McDowell SmithByrum Hammel Meadows SpadeCaul Haugh Melton StamasClemente Hildenbrand Oakes StanleyConstan Huckleberry Pavlov TlaibCorriveau Jackson Pearce TylerCushingberry Johnson Polidori ValentineDaley Jones, Rick Proos WalshDean Kandrevas Roberts WarrenDenby Kennedy Rocca WomackDeShazor Kowall Rogers YoungDillon Lahti

Nays—20

Agema Haines Kurtz MossAmash Hansen Lund NathanCrawford Haveman McMillin OpsommerElsenheimer Horn Meekhof Scott, P.Genetski Knollenberg Meltzer Shirkey



______



House Bill No. 5667, entitled A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending section 11 (MCL 18.361), as amended by 2008 PA 390. 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. 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:


Agema Elsenheimer Lahti RoccaAmash Espinoza LeBlanc RogersBall Geiss Leland Schmidt, R.Barnett Genetski Lindberg Schmidt, W.Bauer Gonzales Lipton SchuitmakerBennett Green Liss Scott, P.Bledsoe Gregory Lund ScrippsBooher Griffin Marleau SegalBrown, L. Haase Mayes SheltrownBrown, T. Haines McDowell SlavensByrnes Hammel McMillin SlezakByrum Hansen Meadows SmithCaul Haugh Meekhof SpadeClemente Haveman Melton StamasConstan Hildenbrand Neumann StanleyCorriveau Huckleberry Oakes TlaibCrawford Jackson Opsommer TylerCushingberry Johnson Pavlov ValentineDaley Jones, Rick Pearce WalshDean Kandrevas Polidori WarrenDeShazor Kennedy Proos WomackDonigan Knollenberg Roberts YoungDurhal Kowall

Nays—8

Denby Kurtz Meltzer NathanHorn Lori Moss Shirkey




The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 388. A resolution of tribute for the Honorable Phil Pavlov.


Whereas, It is most appropriate to recognize the service of Representative Phil Pavlov to the residents of the Eighty-first District as he reaches the end of his tenure with the Michigan House of Representatives. Over the last six years, Represen-tative Pavlov has been a determined advocate for the residents of his district as well as the entire state of Michigan; and Whereas, Representative Pavlov has worked tirelessly as a member of several legislative committees. He has served on the Families and Children, Great Lakes and Environment, and Urban Policy Committees. He has also served as minority vice chair on the Education and the Public Employee Health Care Reform Committees. Representative Pavlov has worked to advance public education, expand health care coverage, and protect Michigan’s environment; and Whereas, Representative Pavlov has served as a St. Clair County Commissioner, owned a trucking equipment company, and contributed to the work of several public and community groups. He has brought these experiences, particularly his efforts in county government and business, to state government, providing an invaluable resource for the Michigan Legislature throughout his service as a lawmaker; now, therefore, be it Resolved by the House of Representatives, That we offer this expression of our gratitude to the Honorable Phil Pavlov as he brings to a close his tenure in this legislative body; and be it further Resolved, That copies of this resolution be transmitted to Representative Pavlov as evidence of our gratitude and best wishes. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 389. A resolution of tribute for the Honorable Tom Pearce. Whereas, It is with appreciation for his hard work and commitment over the past six years that we salute Tom Pearce upon the completion of his duties as a member of the Michigan House of Representatives. With his thoughtfulness and diligence, he has contributed a great deal to the legislative process, especially through his effective efforts serving on the Ethics and Elections, Education, and Transportation Committees. His tireless work on business and economic issues has benefited both his constituents and the entire state; and Whereas, Representative Pearce’s strong commitment to the community is demonstrated by his past professional experience as executive director of the North Kent Service Center. In addition, his work with the National Conference of State Legislatures’ committees on Human Services and Welfare and Education provided additional avenues in which to emphasis community service; and Whereas, Representative Pearce has been influential as the founding director of The Shoulder, a private, nonprofit drug and alcohol treatment center. He is a regular volunteer for Habitat for Humanity and is involved with SowHope, an organization that focuses on the well-being and education of women. Representative Pearce’s dedication and determination to provide for his constituents and improve the opportunities of the citizens of the Seventy-third District will continue to benefit his district for years to come; now, therefore, be it Resolved by the House of Representatives, That we offer this expression of our respect and thanks to Representative Tom Pearce as he concludes his service with the Michigan House of Representatives; and be it further Resolved, That copies of this resolution be transmitted to Representative Pearce as evidence of our gratitude and best wishes. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the Michigan House of Representatives, offered the following resolution: House Resolution No. 390. A resolution of tribute for the Honorable Gino Polidori. Whereas, It is a privilege and an honor to extend this expression of our gratitude to the Honorable Gino Polidori as he brings to a close his work as a lawmaker in the Michigan House of Representatives. Representative Polidori has earned a well-deserved reputation for his hard wok, commitment, and congeniality. Indeed, his record of public service stands as a testimony to his character and warmth of heart. His presence will be sorely missed as he brings to a close his three terms in the House; and Whereas, A stalwart member of the Dearborn community, Gino Polidori graduated from Fordson High School, Henry Ford Community College, and Wayne State University. He served his country in Vietnam, and returned to Dearborn to serve as a fire fighter. His expertise and insights led to his appointment to a number of state boards and commissions, including the Community Right to Know Commission and the Underground Storage Tanks Committee. He also served as the president of the Michigan State Fire Chiefs Association and as a member of the Dearborn City Council. Clearly, his wealth of experience served him well in his work as a lawmaker in the House of Representatives; and


Whereas, As a member of this august body, Gino Polidori served with distinction as the chair of the House Committee on Military and Veterans Affairs and Homeland Security. He was also a respected member of the House Committees on Education and Insurance. He was the sponsor of a number of public acts, including, in particular, a host of measures that have protected active service persons and veterans. Clearly, Gino Polidori is most deserving of our respect and best wishes; now, therefore, be it Resolved by the House of Representatives, That we hereby extend this expression of gratitude to the Honorable Gino Polidori as he ends his service in the Michigan House of Representatives; and be it further Resolved, That copies of this resolution be transmitted to Representative Polidori as evidence of our esteem. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 391. A resolution of tribute for the Honorable John Proos. Whereas, It is with great appreciation for his tenure as a member of the House of Representatives that we join to thank the Honorable John Proos. Representative Proos has been a tireless advocate for his community. He gained thorough knowledge of local needs working in private business and as a staff member for Congressman Fred Upton, and through his work with the Lakeland Regional Health System Community Benefits Committee and the Benton Harbor Area Schools. Representa-tive Proos’s election to the House of Representatives in 2004 provided him another avenue to address the challenges faced by his community; and Whereas, Since coming to the Capitol, Representative Proos has had the opportunity to address the state’s economic issues as a member of the Appropriations Committee, serving as Minority Vice Chair of the Corrections and Human Services Subcommittees. He is also a member of the Joint Capital Outlay and Energy and Technology Committees. Representa-tive Proos has worked to encourage small business opportunities, reduce the burden on Michigan business, and protect the environment of the state; and Whereas, While serving in the Michigan Legislature, John Proos continues to be active in his community as a member of the Rotary Club of St. Joseph/Benton Harbor and the United Way of Southwest Michigan. He is a board member of the Berrien Community Foundation and a member of the Coloma American Legion Post 362. Representative Proos’s dedication and determination to improve the opportunities of the citizens of the state will continue to benefit our residents through the new challenges before him; now, therefore, be it Resolved by the House of Representatives, That we offer this resolution as an expression of our gratitude to the Honorable John Proos for his efforts with this legislative body; and be it further Resolved, That copies of this resolution be transmitted to Representative Proos as evidence of our thanks and best wishes. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 392. A resolution of tribute offered for the Honorable Sarah Roberts. Whereas, It is a pleasure for members and staff to joint together in commending Representative Sarah Roberts for her fine service throughout the Ninety-fifth Legislature. Her passion on public policy issues and her willingness to work hard for the people of her home community and our entire state have earned respect at the Capitol and have contributed to the legislative process; and Whereas, A graduate of the University of Iowa, Sarah Roberts has been involved in several organizations dedicated to safeguarding the quality of Michigan’s most precious natural resource, fresh water. Her work through Clean Water Action, the Macomb County Water Quality Board, and the Blue Ribbon Commission for Lake St. Clair reflect a notable commit-ment to addressing an issue strongly linked to Michigan’s future. Her service as a member of the Macomb County Board of Commissioners also gave her insights and experiences most relevant to her efforts as a lawmaker; and Whereas, Following her election in 2008, Representative Roberts channeled her energies to legislation to phase out the use of mercury in several products, to increase recycling and improve the disposal of toxic materials, and to address water usage documentation. In addition, she distinguished herself through her thoughtful work on the Military and Veterans Affairs and Homeland Security, Education, Energy and Technology, and Great Lakes and Environment Committees; now, therefore, be it Resolved by the House of Representatives, That we offer this expression of tribute and gratitude to salute Representa-tive Sarah Roberts as she concludes her work with the Ninety-fifth Legislature; and be it further


Resolved, That copies of this resolution be transmitted to Representative Roberts as evidence of our thanks and best wishes. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 393. A resolution of tribute for the Honorable Tory Rocca. Whereas, It is a privilege to join together to pay tribute to Representative Tory Rocca as he brings to a close his tenure in the House of Representatives. His early interest in serving the public led him to Lansing where his education and work experience were put to service for the people of his district and the entire state; and Whereas, Tory Rocca attended the University of Michigan, where he graduated with distinction from the School of Business Administration. He then went on earn a law degree from the University of Michigan Law School. He practiced law for several years, gaining experience in the impact of our laws on our economy and society in the fields of medical malpractice defense, business law, and product liability; and Whereas, First elected to the Michigan House of Representatives in 2004, Representative Rocca went on to earn the confidence of his constituents and was returned to Lansing in the next two elections. His experience was an asset that guided his participation in committee assignments overseeing judicial, veterans, and conservation issues. He served as both the chair and minority vice chair of the Regulatory Reform Committee during his tenure. As he served in the legislative process, Representative Rocca maintained his commitment to make state government more accessible to the people of his district, rather than a distant force without apparent relevance to their lives; now, therefore, be it Resolved by the House of Representatives, That we honor Representative Tory Rocca as he concludes his three terms of service with the Michigan House of Representatives; and be it further Resolved, That copies of this resolution be transmitted to Representative Rocca as a symbol of our respect and thanks. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 394. A resolution of tribute for the Honorable Tonya Schuitmaker. Whereas, It is with gratitude for her hard work and dedication over the past six years that we salute Tonya Schuitmaker as she ends her tenure with the Michigan House of Representatives. A key part of her work as a legislator has been her efforts at the committee level, where she has served on the Energy and Technology, Judiciary, and Appropriations Com-mittees; and Whereas, A graduate of the Detroit College of Law, Representative Schuitmaker was a partner in the law firm of Schuitmaker, Cooper and Schuitmaker before being elected to the House of Representatives in 2004. Her background in family, business, and governmental law has served her well during her tenure in the House; and Whereas, Representative Schuitmaker has been involved in numerous civic and community organizations. She has served on the State of Michigan Board of Medicine and Intercare Community Health Network and the Van Buren Community Mental Health Board. Representative Schuitmaker, who served as Assistant Minority Floor Leader during the Ninety-fifth Legislature, leaves the House of Representatives with a distinguished record of tackling tough issues that matter to Michigan, particularly the residents of southwest Michigan. We look forward to her continued contributions to her community and our state; now, therefore, be it Resolved by the House of Representatives, That we offer this resolution as an expression of our gratitude to the Honorable Tonya Schuitmaker for her many contributions to the people of Michigan; and be it further Resolved, That copies of this resolution be transmitted to Representative Schuitmaker as evidence of our best wishes. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 395. A resolution of tribute for the Honorable Bettie Cook Scott. Whereas, It is a pleasure to join together to commend Representative Bettie Cook Scott and to acknowledge formally her contributions to this legislative body over the past four years. With the same spirit of unselfishness and personal integrity that have marked all aspects of her life, she has earned our respect for her efforts on behalf of the people of her Third House District and our entire state; and


Whereas, Representative Scott’s notable efforts as a lawmaker have been an extension of her sense of commitment to public service. For more than 17 years, she dedicated herself to the people of her community as a police officer. In this role, Bettie Cook Scott, a graduate of Wayne State University as well as the Northwestern University School of Police Staff and Command, took on one of the most important responsibilities. Among the highlights of her accomplishments was the creation of the Adopt-A-Cop program to help at-risk youth; and Whereas, Following her election to the Michigan House of Representatives in 2006, Representative Scott has approached her legislative duties with a strong understanding of the challenges facing her district. These insights have proven invaluable in debates on numerous issues, especially those involving economic development initiatives aimed at revitalizing urban areas. Moreover, her diligence as a member of the Judiciary, Labor, and Regulatory Reform Committees has been most helpful in the crafting of legislation aimed at strengthening Michigan; now, therefore, be it Resolved by the House of Representatives, That we extend this expression of our gratitude and admiration to Representative Bettie Cook Scott as she brings to a close her efforts with this legislative body; and be it further Resolved, That copies of this resolution be transmitted to Representative Scott as evidence of our thanks and best wishes for the future. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 396. A resolution of tribute for the Honorable Dan Scripps. Whereas, It is with great respect that we thank Dan Scripps for his dedicated service to the state of Michigan throughout the Ninety-fifth Legislature. The residents of Leelanau, Benzie, Manistee, and Mason Counties have been well represented by his hard work and thoughtful contributions to the legislative process during a difficult juncture in Michigan’s history; and Whereas, A proud graduate of Alma College and the University of Michigan Law School, Dan Scripps has made public service a keystone of his professional career. He has been a dedicated member of numerous children’s, conservation, economic development, and legal organizations. He has consistently worked towards brightening Michigan’s future, as demonstrated by his involvement in the Center for Michigan’s “Michigan’s Defining Moment Public Engagement Campaign” and the Michigan Election Law Project; and Whereas, After his election to the Michigan House of Representatives in 2008, Dan Scripps worked diligently and tirelessly to serve the residents of the One-hundred and first House District. His deep knowledge of the law and his sensitivity to the needs of his constituents and the entire state during difficult economic times were greatly beneficial to the work of this legislative body. His leadership skills and consistency were evident in his chairmanship of the Banking and Financial Services Committee. His notable contributions to the legislative process include championing legislation to create an Energy Efficiency and Renewable Energy Revolving Loan Fund and playing an important role in the Energy and Technology Committee, Ethics and Elections Committee, Great Lakes and Environment Committee, and the Public Health Care Reform Committee; now, therefore, be it Resolved by the House of Representatives, That we extend our appreciation and thanks to Representative Dan Scripps, for his service to this legislative body and the entire state; and be it further Resolved, That copies of this resolution be transmitted to Representative Scripps as evidence of our respect and our best wishes for his future endeavors. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 397. A resolution of tribute for the Honorable Joel Sheltrown. Whereas, We extend our thanks and gratitude to Representative Sheltrown for his dedicated service to the state and the constituents of the Iosco, Missaukee, Ogemaw, and Roscommon region during his tenure in this legislative body. He has served this state and his constituents with distinction and a steadfast commitment to the principles of legislative govern-ment; and Whereas, As a lifelong resident of West Branch, Joel Sheltrown attended Kirtland Community College and Western Michigan University before serving in the United States Navy. During his naval service in Vietnam, he earned and was entrusted with top secret clearance as a communications technician. After his honorable discharge from the Navy, Joel returned to his hometown and continued to serve his community through his church, numerous sportsmen’s and conserva-tion organizations, local chambers of commerce, and as an Ogemaw Township Trustee. As a professional musician, he also shared his unique talents on many occasions in Lansing; and


Whereas, Representative Sheltrown has been very active working on natural resource, conservation, recreation, and education issues during his tenure in this legislative body. He has been a strong and unwavering voice for sportsmen’s interests and access for recreation enthusiasts. Representative Sheltrown took on many tough issues as chair of the Tourism, Outdoor, Recreation, and Natural Resources Committee, including deer baiting, horse rider trail access, and lake access at road ends. Restoring flexibility to secondary curriculum requirements and expanding access to advanced degrees through community colleges have also been championed by Representative Sheltrown; now, therefore, be it Resolved by the House of Representatives, That we extend our thanks and gratitude to Representative Joel Sheltrown for his dedication and commitment to service as he concludes his service in this legislative body; and be it further Resolved, That copies of this resolution be transmitted to Representative Sheltrown as evidence of our best wishes and gratitude. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 398. A resolution of tribute for the Honorable Jim Slezak. Whereas, The members of this legislative body are pleased to join together in commending the Honorable Jim Slezak as he concludes his term of office in the Michigan House of Representatives. Sound lawmaking and oversight of the executive branch rely on citizen-legislators such as Representative Slezak who bring their experiences and views to guide and craft the laws that shape our lives; and Whereas, A native of Muskegon and a graduate of Yale University with a degree in political science, Jim Slezak was steeped in the world of commerce and how government impacts this lifeblood of our economy through his family’s business in their community. He worked as a photographer and as the vice president, gaining practical knowledge of how a business can succeed; and Whereas, Representative Slezak came to Lansing in 2009, after winning election in 2008, during a period of great finan-cial challenges to the state. Whether it was in the area of natural resources, where he was vice chair of the Tourism, Outdoor Recreation and Natural Resources Committee, or on the Government Operations, Labor, and Tax Policy Committees, Representative Slezak’s experience in the business world was of great value to his colleagues in carrying out the duties of the Michigan Legislature. We remain grateful for his commitment to working for the people of the Fiftieth House District and the entire state of Michigan during the Ninety-fifth Legislature; now, therefore, be it Resolved by the House of Representatives, That we honor Representative Jim Slezak as he concludes his service with the Michigan House of Representatives; and be it further Resolved, That copies of this resolution be transmitted to Representative Slezak as evidence of our respect and thanks. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 399. A resolution of tribute for the Honorable Alma Wheeler Smith. Whereas, It is with great appreciation that we thank Representative Alma Wheeler Smith as she completes her career as a member of this legislative body. Representative Smith has been a pioneer for African Americans and women in state government and vigorous champion for progressive government; and Whereas, Alma Wheeler Smith has had a long and distinguished career working in the state capital and Washtenaw County. A graduate of the University of Michigan and longtime resident of Salem Township, she has spent nearly 25 years as legislative staff, State Senator, and State Representative for the residents of Washtenaw County. Prior to her election to the Senate in 1994, she served as a county commissioner, a school board member and president, and a cable commissioner. She was the first woman to lead an appropriations caucus in the Legislature and the first African American to run for governor on the Michigan Democratic ticket; and Whereas, Elected to the House of Representatives in 2004 after eight years as a state senator, Representative Smith continued to be a strong independent voice in state government. As a member of the Appropriations Committee, she has worked for six years on some of the most difficult budgets in Michigan’s history and been responsible as chair of the Corrections Subcommittee for one of the larger pieces of Michigan’s budget. Representative Smith’s dedication, integrity, and intelligence will be missed as she completes her tenure with the House of Representatives; now, therefore, be it Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor and thank Representative Alma Wheeler Smith for her public service to the people of Washtenaw County and the rest of Michigan as she completes her work as a lawmaker; and be it further


Resolved, That copies of this resolution be transmitted to Representative Smith and her family as evidence of our best wishes for health and happiness in the years to come. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 400. A resolution of tribute for the Honorable Dudley Spade. Whereas, It with great appreciation that we thank and honor Representative Dudley Spade as he completes his service with the House of Representatives. Representative Spade’s business skills and past experience with Michigan’s children and families will be missed by this legislative body; and Whereas, Dudley Spade came to this legislative body after a more than 25-year career working with troubled youth. Upon graduation from Eastern Michigan University with a bachelor’s degree in business and accounting, he would spend the next two and one-half decades as the Controller for Boysville of Michigan and as the Director of Information Systems and Technology for Starr Commonwealth. His skills and experience would be an invaluable resource in his subsequent years in the Legislature; and Whereas, Elected to the House of Representatives in 2004, Representative Spade brought his financial acumen to bear on the state’s budget as a member of the Appropriations Committee. As chair of the Human Services and Procurement Reform Subcommittees and a member of the Natural Resources and Environment Subcommittee and School Aid Subcommittee, Representative Spade applied his accounting expertise to balancing some of Michigan’s toughest budgets. In addition, throughout his six years, he always remained a staunch advocate for Michigan’s children and families; now, therefore, be it Resolved by the House of Representatives, That we thank and honor Representative Dudley Spade upon his retirement from the House of Representatives for his six years of service to our state and the people of his district; and be it further Resolved, That copies of this resolution be transmitted to Representative Spade and his family as recognition of our gratitude and our best wishes for the future. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 401. A resolution of tribute for the Honorable Mary Valentine. Whereas, We are pleased to pay tribute to the Honorable Mary Valentine for her outstanding record of public service and for the commitment that she displayed for the residents of the state while serving two terms in the Michigan House of Representatives. Her interest in public service and the well-being of others in her community has been also shown throughout her professional career as an educator in Michigan public schools. Mary Valentine earned a bachelor’s degree in speech therapy from Central Michigan University and a master’s degree in education from Northern Michigan Univer-sity. It is most appropriate that we take this opportunity to express our gratitude to this esteemed legislator; and Whereas, Since her election to the House of Representatives in 2006, Mary Valentine has worked diligently to represent the residents of Muskegon County and Ottawa County. Also important to all state residents has been her work as chair of the Families and Children’s Services Committee and her contributions to the work of the Agriculture, Education, Health Policy, Commerce, Great Lakes and Environment, and Retiree Health Care Reforms Committees. Her thoughtful-ness and her tenacity for finding a solution to an issue have been shown in her legislative work; and Whereas, Demonstrating a strong awareness of potential areas for improvement in her district and throughout the state, Representative Valentine introduced important bills which offered solutions to many vital issues the state has been facing. Among the measures which became public acts are those pertaining to the Friend of the Court system, education, transportation funding, and retirement investment. Her effectiveness as a legislator has had a positive impact on life in the Ninety-first House District, and her leadership will be truly missed; now, therefore, be it Resolved by the House of Representatives, That the Honorable Mary Valentine be accorded the highest tribute of this legislative body for her tremendous commitment to the people of the state of Michigan; and be it further Resolved, That a copy of this resolution be transmitted to Representative Valentine as evidence of our admiration and respect. The question being on the adoption of the resolution, The resolution was adopted.


The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 402. A resolution of tribute for the Honorable Rebekah Warren. Whereas, It is with deep appreciation that we honor Representative Rebekah Warren as her current tenure in the Michigan House of Representative comes to a close. We wish her well as she continues her dedicated work across the hall as the State Senator for the Eighteenth Senate District. The House of Representatives will miss her determination to find common ground for resolving the difficult issues affecting all Michigan residents; and Whereas, Rebekah Warren joined the House of Representatives in 2007 after more than a decade and one-half of work in the policy arena. A native of Owosso, she found a permanent home in Ann Arbor upon attending and graduating from the University of Michigan with a bachelor’s degree in political science. Since then, she has risen from an accomplished legislative staffer to the leader of Michigan’s oldest and largest grassroots pro-choice organization to State Representative and now Senator-elect for the Eighteenth District; and Whereas, Representative Warren has distinguished herself through her bipartisan work on the environment and other issues. She has served as chair of the Great Lakes and Environment Committee and been an active member of the Judiciary, Tax Policy, Oversight and Investigations, and Government Operations Committees. Her ability to reach compromise has led to landmark legislation to protect Michigan’s precious waters and earned the respect of her peers on both sides of the aisle; now, therefore, be it Resolved by the House of Representatives, That we thank Representative Rebekah Warren for her dedicated service in the House of Representatives and wish her well as she moves to the Senate; and be it further Resolved, That copies of this resolution be transmitted to Representative Warren and her family as reflection of our gratitude for her efforts on behalf of her district and our entire state. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the Michigan House of Representatives, offered the following resolution: House Resolution No. 403. A resolution of tribute for the Honorable Coleman Young, II. Whereas, As Coleman Young brings to a close his tenure in the Michigan House of Representatives, it is a pleasure and a distinct privilege to extend our thanks for his efforts on behalf of this legislative body, the people of the Fourth Dis trict, and, above all, the entire state of Michigan. Indeed, his work in the House demonstrates his dedication to the citizens of Michigan and commitment to the principles that underlie the democratic process; and Whereas, Representative Coleman Young has distinguished himself as an energetic lawmaker with interests in all facets of public policy. This has served him well in his most recent committee assignments, including his efforts as the vice chair of the House Committee on Insurance, and on the House Committee on Labor, on the House Committee on Transportation, and on the Intergovernmental and Regional Affairs Committee. It has also been instrumental in the adoption of legislation involving a host of subject areas, including tax and labor policy, civil rights of women, and economic and industrial development; and Whereas, A Detroit native, Coleman Young has, at a relatively young age, developed a career that speaks to a legacy of public service. He has worked in research for the city council of Detroit, hosted a public affairs radio program, and has been active in his church. Clearly, we appreciate his work in the House and commitment to the people of the Great Lakes State; now, therefore, be it Resolved by the House of Representatives, That we hereby extend this expression of tribute to commend and thank the Honorable Coleman Young for his contributions to the Michigan House of Representatives; and be it further Resolved, That copies of this resolution be transmitted to Representative Young as evidence of our thanks and best wishes. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the Michigan House of Representatives, offered the following resolution: House Resolution No. 404. A resolution of tribute for the Honorable George Cushingberry, Jr. Whereas, It is an honor and a distinct privilege to extend this expression of tribute to Representative George Cushingberry, Jr., as he brings to a close his tenure with the Michigan House of Representatives. As has been duly noted in the past, George Cushingberry has earned the respect of all who have witnessed his good work for our human family. He is to be commended; and


Whereas, Service, it is said, is the rent we pay for our space on earth. George Cushingberry, Jr., has more than paid his worldly dues. He has served in this august body in two different eras, served on the Wayne County Board of Commis-sioners for 16 years, and has been extremely active in his church and in community affairs. He has also raised a family and built a respected law practice. George Cushingberry earned the distinction of being the youngest person to be elected to the House when he was first elected to this body in 1974. He served from 1975 to 1982, and returned to the House of Representatives in 2005. He was subsequently reelected in 2006 and 2008. In an era of term limits, George Cushingberry brought valuable insights and experiences to the work of the House and, in particular, to his efforts as chair of the House Committee on Appropriations; and Whereas, Indeed, in his tenure as chair of Appropriations, the state has seen one of the most troubled economies of recent memory. Crafting budgets in this atmosphere of competing needs has been challenging, and Representative Cushingberry has brought a balance and common sense to the process that stands as tribute to his strength of character. We wish him the best as he completes his tenure of service with the House; now, therefore, be it Resolved by the House of Representatives, That we hereby offer this expression of tribute to the Honorable George Cushingberry, Jr., for his notable contributions to the Michigan House of Representatives; and be it further Resolved, That copies of this resolution be transmitted to Representative Cushingberry as evidence of our esteem and best wishes. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 405. A resolution of tribute for the Honorable Pam Byrnes. Whereas, It is with great appreciation that we honor Representative Pam Byrnes as she completes her final term in the Michigan House of Representatives. Representatives Byrnes’ strong leadership and clear vision for our state’s future will be missed by her colleagues; and Whereas, Pam Byrnes came to the House of Representatives after more than 25 years of practicing law in Ypsilanti, Saline, and Ann Arbor. A graduate of the University of Michigan, she has been active in numerous local business groups and served four years as the first woman Washtenaw County road commissioner. Her past experience and knowledge have been an invaluable addition to this legislative body over the last six years; and Whereas, First elected to the House of Representatives in 2004, Representative Byrnes has been a leader among her peers, serving her last term as Speaker Pro Tempore. As chair of the Transportation Committee, she sought improvements to Michigan’s roads and the development of mass transit systems. As a past member of the Appropriations Committee and chair of the Public Employee Health Care Reform Committee, she tackled some of Michigan’s toughest budget issues and potential reforms to state government. Throughout, she has maintained her strong advocacy for small businesses, entrepreneurship, and a solid education system to develop Michigan’s future leaders, entrepreneurs, and workers for the 21st century; now, therefore, be it Resolved by the House of Representatives, That we offer this expression of tribute to honor and thank Representa-tive Byrnes for her six years of service to the House of Representatives and people of Michigan and wish her well in her future endeavors; and be it further Resolved, That copies of this resolution be transmitted to Representative Byrnes and her family as a reflection of our gratitude for her efforts on behalf of her district and the entire state. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 406. A resolution of tribute for the Honorable Kathy Angerer. Whereas, As Representative Kathy Angerer completes her tenure in the House of Representatives, it is with deep appreciation that we honor and thank her for her service to the people of Michigan, and particularly, her district over the last six years. Representative Angerer’s leadership, bipartisan approach, and values will be missed; and Whereas, Kathy Angerer came to the House of Representatives after years of service within her community. A lifelong resident of Monroe County, she has served as president of the Dundee PTA, coordinator for the local United Way, and a member of the Dundee Kiwanis. As the director of communications for the Dundee Community Schools, she played an integral role in the building of a new high school to address overcrowding; and


Whereas, Representative Angerer brought her collaborative spirit and love for her community to the House of Representa-tives in 2005. As chair of the Health Policy Committee and later the Ethics and Election Committee, Representative Angerer has championed efforts to improve patient safety, extend health care coverage for autistic children, and hold legislators to the highest ethical standards. Her efforts have earned recognition from many organizations. First and foremost, she has always worked tirelessly to help the people of her district. Recognized for her leadership, commitment and skills, Repre-sentative Angerer was elected by her peers to serve as the Majority Floor Leader for the Ninety-fifth Legislature; now, therefore, be it Resolved by the House of Representatives, That we offer this expression of tribute to honor and thank Representative Kathy Angerer as she completes her tenure in the House of Representatives and wish her well in her future endeavors; and be it further Resolved, That copies of this resolution be transmitted to Representative Angerer and her family as recognition of our gratitude for her outstanding efforts on behalf of her district and our entire state. The question being on the adoption of the resolution, The resolution was adopted.

Reps. Angerer and Hildenbrand offered the following resolution: House Resolution No. 407. A resolution of tribute for the Honorable Andy Dillon, Speaker of the House of Representatives. Whereas, As the Ninety-fifth Legislature nears its end, it is most appropriate and fitting that the members of this body salute the Honorable Andy Dillon as he brings to a close his service as the Speaker of the Michigan House of Representa-tives. Respected for his hard work, dedication, and strength of character, Andy Dillon has provided valued leadership at a time when our state and national economies were facing one of the most severe economic downturns in recent history. He is to be commended; and Whereas, Andy Dillon is a proud graduate of the University of Notre Dame, where he also earned his law degree. He served as an aide for New Jersey Senator Bill Bradley and achieved success in the world of business and finance before bringing his experience and insights to the work of the House following his initial election to the House in 2004 in a special election. Representative Dillon served with distinction on the House Committees on Banking and Financial Services, Commerce, and Energy and Technology prior to his assumption of the Speaker’s office in 2007. Since that time, Andy Dillon’s energy, commitment, and public policy acumen have enabled him to be an effective lawmaker and leader. His efforts stand as sterling tribute to his strength of character and true concern for the well-being of others; and Whereas, Speaker Dillon was at the helm when Michigan navigated the turbulent and uncharted waters of the Great Reces-sion. Despite the enormous fiscal pressures facing the state, Andy Dillon was instrumental in the adoption of a number of key policy changes, including developing clean energy economic development initiatives, adoption of education standard reforms and a new business tax model, as well as certain reforms in the public employee retirement health care benefit structure. A number of other long-standing issues were also addressed during his tenure, including the adoption of an indoor smoking ban, and revision in the governance structures for Cobo Hall and the Detroit Zoo, among others. Clearly, Speaker Andy Dillon has set an invaluable standard of leadership, and one that we would all do well to emulate; now, therefore, be it Resolved by the House of Representatives, That we hereby offer this expression of gratitude to the Honorable Andy Dillon as he brings to a close his service as the Speaker of the Michigan House of Representatives and a member of this august body; and be it further Resolved, That copies of this resolution be transmitted to Speaker Dillon as evidence of our esteem and best wishes. The question being on the adoption of the resolution, The resolution was adopted.

Reports of Select Committees

House Bill No. 4932, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 310b (MCL 750.310b), as added by 1996 PA 539. (For text of conference report, see House Journal No. 95, p. 1965.) The Senate has adopted the report of the Committee of Conference. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.


Messages from the Senate

House Bill No. 4493, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310e (MCL 257.310e), as amended by 2004 PA 362. 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. 5211, entitled A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 203 (MCL 125.3203). 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. 5622, entitled A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 408 (MCL 484.1408), as amended by 2010 PA 206. 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. 5926, entitled A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending sections 208, 601, and 606 (MCL 125.3208, 125.3601, and 125.3606), as amended by 2008 PA 12. 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. 5958, entitled A bill to amend 1967 PA 270, entitled “An act to provide for the collection, reporting, and release of certain information or data relating to health care research or education, patient safety, health care entities, practitioners, or professions, or certain governmentally funded programs; to limit the liability with respect to the collection, reporting, and release of certain information or data; and to safeguard the confidential character of certain information or data,” by amending section 2 (MCL 331.532), as amended by 1993 PA 86. The Senate has passed the bill and ordered that it be given immediate effect. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5959, entitled A bill to amend 1975 PA 46, entitled “An act to create the office of the legislative corrections ombudsman; to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of corrections; and to provide remedies from administrative acts,” by amending section 5 (MCL 4.355). The Senate has passed the bill and ordered that it be given immediate effect. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5977, entitled A bill to amend 1957 PA 200, entitled “An act to provide for the creation by 2 or more municipalities of an intermunicipality committee for the purpose of studying area problems; and to provide authority for the committee to receive gifts and grants,” by amending section 2 (MCL 123.632). The Senate has passed the bill and ordered that it be given immediate effect. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.


House Bill No. 5979, entitled A bill to amend 2004 PA 530, entitled “Historical neighborhood tax increment finance authority act,” by amending section 3 (MCL 125.2843). 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. 5988, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 1 (MCL 247.901), as amended by 1991 PA 188. The Senate has passed the bill and ordered that it be given immediate effect. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5989, entitled A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 2 (MCL 125.2152), as amended by 2009 PA 162. 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. 5998, entitled A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending section 3 (MCL 125.1603), as amended by 1985 PA 154. 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. 6153, entitled A bill to make, supplement, and adjust appropriations for the department of state police for the fiscal year ending September 30, 2011; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations. The Senate has passed the bill and ordered that it be given immediate effect. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 6168, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 9928 (MCL 600.9928). 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. 6169, entitled A bill to amend 1956 PA 5, entitled “Michigan uniform municipal court act,” (MCL 730.501 to 730.534) by adding section 8a. 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. 6170, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 10, 11, and 492 (MCL 168.10, 168.11, and 168.492), section 492 as amended by 1989 PA 142. 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. 6206, entitled A bill relating to the promotion of convention business and tourism in this state; to provide for regional tourism and convention marketing and promotion programs in certain areas; to provide for imposition and collection of assessments on the owners of transient facilities to support tourism and convention marketing and promotion programs; to provide for the disbursement of the assessments; to establish the functions and duties of certain state departments and employees; and to prescribe penalties and remedies. The Senate has passed the bill and ordered that it be given immediate effect. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Introduction of Bills

Reps. Dillon, Byrnes, Melton and Scripps introduced House Bill No. 6586, entitled A bill to provide for consolidation of health benefits for public employees; to create a board to administer a uniform public employee health benefits program; to create the MI prescription drug plan committee; to provide for powers and duties for certain state and local government departments, agencies, boards, and officers; to require public employers and retirement boards that provide health benefits to public employees and retirees to participate in the MI health benefits program; to provide for exceptions from the requirement to participate in the program; to provide for optional participation in the program by private employers; to allocate costs to participating public and private employers; to require public employers to submit certain information concerning health benefit plans; to make an appropriation; and to create a restricted fund. The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

Rep. Melton introduced House Bill No. 6587, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding sec-tion 280a. The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

Rep. Melton introduced House Bill No. 6588, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding sec-tion 280. The bill was read a first time by its title and referred to the Committee on Public Employee Health Care Reform.

By unanimous consent the House returned to the order ofAnnouncement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, December 2, for her approval of the following bills: Enrolled House Bill No. 4932 at 3:38 p.m. Enrolled House Bill No. 5241 at 3:40 p.m.


The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, December 2: House Bill Nos. 6581 6582 6583 6584 6585 6586 6587 6588 Senate Bill Nos. 1592 1593

Announcements by the Clerk

December 1, 2010 Received from the Auditor General a copy of the following audit report and/or report summary: Performance audit of the Clean Michigan Initiative, Environmental Protection Programs, administered by the Department of Natural Resources and Environment, December 2010.

Richard J. Brown Clerk of the House

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Rep. Melton moved that Reps. Durhal, Johnson, Leland and Bennett be excused temporarily from today’s session. The motion prevailed.

Rep. Opsommer moved that Rep. Horn be excused temporarily from today’s session. The motion prevailed.


House Bill No. 5198, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 701 (MCL 436.1701), as amended by 2006 PA 682. 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:


Ball Gonzales Liss Schmidt, W.Barnett Green Lori SchuitmakerBauer Gregory Lund Scott, P.Bledsoe Griffin Marleau ScrippsBooher Haase Mayes SegalBrown, L. Haines McDowell SheltrownBrown, T. Hammel Meadows SlavensByrnes Haugh Meekhof SlezakByrum Huckleberry Melton SmithClemente Jackson Moss SpadeConstan Jones, Rick Nathan StanleyCorriveau Kandrevas Neumann Tlaib


Daley Kennedy Oakes TylerDean Knollenberg Pearce ValentineDenby Kowall Polidori WalshDeShazor Lahti Roberts WarrenDonigan LeBlanc Rocca WomackEspinoza Lindberg Rogers YoungGeiss Lipton Schmidt, R.

Nays—18

Agema Elsenheimer Kurtz PavlovAmash Genetski McMillin ProosCalley Hansen Meltzer ShirkeyCaul Haveman Opsommer StamasCrawford Hildenbrand



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Rep. Melton moved that Reps. Kandrevas, Meadows and Hammel be excused temporarily from today’s session. The motion prevailed.

Rep. Meekhof moved that Rep. Marleau be excused temporarily from today’s session. The motion prevailed.

House Bill No. 5199, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 319 (MCL 257.319), as amended by 2008 PA 463. 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 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 319 (MCL 257.319), as amended by 2010 PA 155. 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 Durhal Lindberg Schmidt, R.Ball Espinoza Lipton Schmidt, W.Barnett Geiss Liss SchuitmakerBauer Gonzales Lori Scott, P.Bledsoe Green Lund ScrippsBooher Gregory Mayes SegalBrown, L. Griffin McDowell SheltrownBrown, T. Haase Meekhof SlavensByrnes Haines Melton SlezakByrum Haugh Moss SmithClemente Huckleberry Nathan SpadeConstan Jackson Neumann StanleyCorriveau Johnson Oakes TlaibCushingberry Jones, Rick Pavlov TylerDaley Kennedy Pearce ValentineDean Knollenberg Polidori WalshDenby Kowall Proos WarrenDeShazor Lahti Roberts WomackDillon LeBlanc Rocca YoungDonigan Leland Rogers

Nays—17

Agema Elsenheimer Hildenbrand MeltzerAmash Genetski Horn OpsommerCalley Hansen Kurtz ShirkeyCaul Haveman McMillin StamasCrawford


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

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Rep. Melton moved that Reps. Corriveau and Young be excused temporarily from today’s session. The motion prevailed.

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

House Bill No. 4119, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 59 (MCL 211.59), as amended by 2006 PA 626. The Senate has amended the bill as follows: 1. Amend page 4, following line 18, by inserting: “Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law: (a) Senate Bill No. 796. (b) Senate Bill No. 889.”.


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 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 Espinoza LeBlanc RobertsAmash Geiss Leland RoccaAngerer Genetski Lindberg RogersBall Gonzales Lipton Schmidt, R.Barnett Green Liss Schmidt, W.Bauer Gregory Lori SchuitmakerBledsoe Griffin Lund Scott, P.Booher Haase Marleau ScrippsBrown, L. Haines Mayes SegalBrown, T. Hansen McDowell SheltrownByrnes Haugh McMillin ShirkeyByrum Haveman Meadows SlavensCaul Hildenbrand Meekhof SlezakClemente Horn Melton SmithConstan Huckleberry Meltzer SpadeCrawford Jackson Moss StamasCushingberry Johnson Nathan StanleyDaley Jones, Rick Neumann TlaibDean Kandrevas Oakes TylerDenby Kennedy Opsommer ValentineDeShazor Knollenberg Pavlov WalshDillon Kowall Pearce WarrenDonigan Kurtz Polidori WomackDurhal Lahti Proos YoungElsenheimer

Nays—0



The House returned to the consideration of House Bill No. 5327, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2008 PA 573. (The bill was considered earlier today, see today’s Journal, p. 2034.) 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 Elsenheimer Lahti RobertsAmash Espinoza LeBlanc RoccaAngerer Geiss Leland 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 SlavensCaul Haugh Meadows SlezakClemente Haveman Meekhof SmithConstan Hildenbrand Melton SpadeCorriveau Horn Meltzer StamasCrawford Huckleberry Moss StanleyCushingberry Jackson Nathan TlaibDaley Johnson Neumann TylerDean Jones, Rick Oakes ValentineDenby Kandrevas Opsommer WalshDeShazor Kennedy Pavlov WarrenDillon Knollenberg Pearce WomackDonigan Kowall Polidori YoungDurhal Kurtz Proos

Nays—0



House Bill No. 5212, entitled A bill to amend 2008 PA 33, entitled “Michigan planning enabling act,” by amending sections 3, 31, 33, 39, and 41 (MCL 125.3803, 125.3831, 125.3833, 125.3839, and 125.3841). 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 amended the title to read as follows: A bill to amend 2008 PA 33, entitled “An act to codify the laws regarding and to provide for county, township, city, and village planning; to provide for the creation, organization, powers, and duties of local planning commissions; to provide for the powers and duties of certain state and local governmental officers and agencies; to provide for the regulation and subdivision of land; and to repeal acts and parts of acts,” by amending sections 3, 31, 33, 39, and 41 (MCL 125.3803, 125.3831, 125.3833, 125.3839, and 125.3841), sections 3 and 33 as amended by 2010 PA 134. 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 Donigan Lahti Schmidt, R.Ball Durhal LeBlanc Schmidt, W.Barnett Espinoza Leland ScrippsBauer Geiss Lindberg SegalBledsoe Gonzales Lipton SheltrownBooher Gregory Liss SlavensBrown, L. Griffin Mayes SlezakBrown, T. Haase McDowell SmithByrnes Hammel Meadows SpadeByrum Haugh Melton StanleyClemente Huckleberry Nathan TlaibConstan Jackson Neumann ValentineCorriveau Johnson Oakes WarrenCushingberry Kandrevas Polidori WomackDean Kennedy Roberts YoungDillon

Nays—39

Agema Green Lori ProosAmash Haines Lund RoccaCalley Hansen Marleau RogersCaul Haveman McMillin SchuitmakerCrawford Hildenbrand Meekhof Scott, P.Daley Horn Meltzer ShirkeyDenby Jones, Rick Moss StamasDeShazor Knollenberg Opsommer TylerElsenheimer Kowall Pavlov WalshGenetski Kurtz Pearce



House Bill No. 6232, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 642a (MCL 168.642a), as amended by 2005 PA 71. 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 amended the title to read as follows: A bill to amend 1954 PA 116, entitled “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,” by amending section 642a (MCL 168.642a), as amended by 2010 PA 182. 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:


Agema Durhal Kurtz ProosAmash 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 McMillin SlavensCaul Haugh Meadows SlezakClemente Haveman Meekhof SmithConstan Hildenbrand Melton SpadeCorriveau Horn Meltzer StamasCrawford Huckleberry Moss StanleyCushingberry Jackson Nathan TlaibDaley Johnson Neumann TylerDean Jones, Rick Oakes ValentineDenby Kandrevas Opsommer WalshDeShazor Kennedy Pavlov WarrenDillon Knollenberg Pearce WomackDonigan Kowall Polidori Young

Nays—0



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House Bill No. 4325, entitled A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding sections 14, 14a, 14b, 14c, and 14d. The Senate has substituted (S-1) the bill. The Senate has passed the bill as substituted (S-1) and amended 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,” (MCL 445.61 to 445.77) by adding sections 19a, 19b, and 19c. 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 substitute (S-1) made to the bill by the Senate,

Rep. Meadows moved to amend the Senate substitute (S-1) as follows: 1. Amend page 4, line 20, after “(C)” by striking out “REQUIRE THE ADMINISTRATOR TO”. 2. Amend page 6, line 24, after “(C)” by striking out “REQUIRE THE ADMINISTRATOR TO”. The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor. The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Espinoza Lahti RobertsAngerer 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

Amash McMillin


The House agreed to the title as amended.

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Rep. McMillin, having reserved the right to explain his nay vote, made the following statement: “Mr. Speaker and members of the House: Government taking property before a conviction is wrong.”



Rep. Angerer moved that the Committee on New Economy and Quality of Life be discharged from further consideration of Senate Bill No. 944. (For first notice see House Journal No. 95, p. 1986.) The question being on the motion made by Rep. Angerer, The motion prevailed, a majority of the members present voting therefor. The bill was placed on the order of Second Reading of Bills.


Senate Bill No. 944, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2009 PA 141. The bill was read a second time.

Rep. Clemente 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. 944, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2009 PA 141. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Angerer Geiss LeBlanc Schmidt, W.Barnett Gonzales Leland ScrippsBauer Gregory Lindberg SegalBrown, L. Griffin Lipton SheltrownBrown, T. Haase Liss SlavensByrnes Hammel Mayes SlezakByrum Haugh McDowell SmithClemente Haveman Meadows SpadeConstan Hildenbrand Meekhof StanleyCorriveau Huckleberry Melton TlaibCushingberry Jackson Neumann ValentineDean Johnson Oakes WalshDillon Kandrevas Polidori WarrenDonigan Kennedy Roberts WomackDurhal Lahti Schmidt, R. YoungEspinoza

Nays—39

Agema DeShazor Kurtz PearceAmash Elsenheimer Lori Proos


Ball Genetski Lund RoccaBledsoe Green Marleau RogersBooher Haines McMillin SchuitmakerCalley Hansen Meltzer Scott, P.Caul Horn Moss ShirkeyCrawford Jones, Rick Nathan StamasDaley Knollenberg Opsommer TylerDenby Kowall Pavlov


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 2007 PA 36, entitled “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,” by amending section 435 (MCL 208.1435), as amended by 2009 PA 192. The motion prevailed. The House agreed to the title as amended. Rep. Melton moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.


Rep. Angerer moved that the Committee on Families and Children’s Services be discharged from further consideration of Senate Bill No. 1118. (For first notice see House Journal No. 95, p. 1986.) The question being on the motion made by Rep. Angerer, The motion prevailed, a majority of the members present voting therefor. The bill was placed on the order of Second Reading of Bills.



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

Rep. Angerer moved that the Committee on Great Lakes and Environment be discharged from further consideration of Senate Bill No. 1506. The motion prevailed, a majority of the members serving voting therefor. The bill was placed on the order of Second Reading of Bills.


Rep. Angerer moved that the Committee on Senior Health, Security, and Retirement be discharged from further consideration of Senate Bill No. 1253. (For first notice see House Journal No. 95, p. 1986.) The question being on the motion made by Rep. Angerer, The motion prevailed, a majority of the members present voting therefor. The bill was placed on the order of Second Reading of Bills.



Rep. Angerer moved that the Committee on Agriculture be discharged from further consideration of Senate Bill No. 1396. (For first notice see House Journal No. 95, p. 1986.) The question being on the motion made by Rep. Angerer, The motion prevailed, a majority of the members present voting therefor. The bill was placed on the order of Second Reading of Bills.

Rep. Angerer moved that the Committee on Agriculture be discharged from further consideration of Senate Bill No. 1397. (For first notice see House Journal No. 95, p. 1986.) The question being on the motion made by Rep. Angerer, The motion prevailed, a majority of the members present voting therefor. The bill was placed on the order of Second Reading of Bills.

Rep. Angerer moved that the Committee on Tax Policy be discharged from further consideration of Senate Bill No. 283. (For first notice see House Journal No. 95, p. 1985.) The question being on the motion made by Rep. Angerer, The motion prevailed, a majority of the members present voting therefor. The bill was placed on the order of Second Reading of Bills.

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


Senate Bill No. 1118, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 17 of chapter XII (MCL 712.17), as amended by 2006 PA 488. 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.

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


Senate Bill No. 1118, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 17 of chapter XII (MCL 712.17), as amended by 2006 PA 488. 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 Espinoza LeBlanc RoccaAngerer Geiss Leland 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 Melton SpadeConstan Horn Meltzer StamasCorriveau Huckleberry Moss StanleyCrawford Jackson Nathan TlaibCushingberry Johnson Neumann TylerDaley Jones, Rick Oakes ValentineDean Kandrevas Opsommer WalshDenby Kennedy Pavlov WarrenDeShazor Knollenberg Pearce WomackDonigan Kowall Polidori YoungDurhal Kurtz Proos

Nays—0

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 revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of



name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” 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. 1119, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 15 of chapter XII (MCL 712.15), as amended by 2006 PA 488. 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.

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


Senate Bill No. 1119, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 15 of chapter XII (MCL 712.15), as amended by 2006 PA 488. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal Kurtz ProosAmash 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 ShirkeyByrum Hammel McDowell SlavensCalley Hansen McMillin SlezakCaul Haugh Meadows SmithClemente Haveman Meekhof SpadeConstan Hildenbrand Melton StamasCorriveau Horn Meltzer Stanley

Crawford Huckleberry Moss TlaibCushingberry Jackson Nathan TylerDaley Johnson Neumann ValentineDean Jones, Rick Oakes WalshDenby Kandrevas Opsommer WarrenDeShazor Kennedy Pavlov WomackDillon Knollenberg Pearce YoungDonigan Kowall Polidori

Nays—0


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” 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. 1120, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2008 PA 199. 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. 1120, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2008 PA 199. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:


Agema Durhal Kurtz ProosAmash 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 McMillin SlavensCaul Haugh Meadows SlezakClemente Haveman Meekhof SmithConstan Hildenbrand Melton SpadeCorriveau Horn Meltzer StamasCrawford Huckleberry Moss StanleyCushingberry Jackson Nathan TlaibDaley Johnson Neumann TylerDean Jones, Rick Oakes ValentineDenby Kandrevas Opsommer WalshDeShazor Kennedy Pavlov WarrenDillon Knollenberg Pearce WomackDonigan Kowall Polidori Young

Nays—0


Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” 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. 1253, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20173a (MCL 333.20173a), as amended by 2008 PA 444. 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.

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



Senate Bill No. 1253, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20173a (MCL 333.20173a), as amended by 2008 PA 444. 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 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 SheltrownByrum Hammel Mayes 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

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 and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or


consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” The House agreed to the full title. Rep. Roberts moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.

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Rep. McMillin, having reserved the right to explain his protest against the passage of the bill, made the following state-ment: “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).”

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Associate Speaker Pro Tempore Scripps called Associate Speaker Pro Tempore Haase to the Chair.

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


Senate Concurrent Resolution No. 54. A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Charles Stewart Mott Community College relative to the Charles Stewart Mott Community College Library Consolidation and Renovations project. Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Charles Stewart Mott Community College (the “Educational Institution”), 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 land owned by the Educational Institution may be conveyed to the State Building Authority (the “Authority”); and Whereas, The site for the Charles Stewart Mott Community College Library Consolidation and Renovations (the “Facility”) is currently owned by the Educational Institution; 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 of Michigan (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 Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (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 Charles Stewart Mott Community College Library Consolidation and Renovations shall not exceed $8,156,000 (the Authority share is $4,077,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $4,078,000), 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 $4,077,800, 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 the Educational Institution 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 $280,000 and $370,000, 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 among the State, the Educational Institution, 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 copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Charles Stewart Mott Community College, and the State Budget Director. 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:


Ball Elsenheimer LeBlanc RoccaBarnett Espinoza Leland RogersBauer Geiss Lindberg Schmidt, R.Bledsoe Gonzales Lipton Schmidt, W.Booher Green Liss SchuitmakerBrown, L. Gregory Lori Scott, P.Brown, T. Griffin Marleau ScrippsByrnes Haase Mayes SegalByrum Haines McDowell SheltrownCalley Hammel Meadows ShirkeyCaul Hansen Meekhof SlavensClemente Haugh Melton SlezakConstan Hildenbrand Meltzer SmithCorriveau Horn Moss SpadeCrawford Huckleberry Nathan StamasCushingberry Jackson Neumann StanleyDaley Johnson Oakes TlaibDean Jones, Rick Opsommer TylerDenby Kandrevas Pavlov WalshDeShazor Kennedy Pearce WarrenDillon Knollenberg Polidori Womack


Donigan Kowall Proos YoungDurhal Lahti Roberts

Nays—8

Agema Genetski Kurtz McMillinAmash Haveman Lund Valentine

In The Chair: Haase

Senate Concurrent Resolution No. 57. A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Jackson Community College relative to the Jackson Com-munity College Whiting Hall Renovation. Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Jackson Community College (the “Educational Institution”), 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 land owned by the Educational Institution may be conveyed to the State Building Authority (the “Authority”); and Whereas, The site for the Jackson Community College Whiting Hall Renovation (the “Facility”) is currently owned by the Educational Institution; 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 of Michigan (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 Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (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 Jackson Com-munity College Whiting Hall Renovation project shall not exceed $21,900,000 (the Authority share is $10,949,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $10,950,000), 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 $10,949,800, 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 the Educational Institution 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 $751,000 and $982,000, 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 among the State, the Educational Institution, 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 copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Jackson Community College, and the State Budget Director.


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:


Ball Espinoza Leland RoccaBarnett Geiss Lindberg RogersBauer Gonzales Lipton Schmidt, R.Bledsoe Green Liss Schmidt, W.Booher Gregory Lori SchuitmakerBrown, L. Haase Lund Scott, P.Brown, T. Haines Marleau ScrippsByrnes Hammel Mayes SegalByrum Hansen McDowell SheltrownCalley Haugh McMillin ShirkeyCaul Haveman Meadows SlavensClemente Hildenbrand Meekhof SlezakConstan Horn Melton SmithCorriveau Huckleberry Meltzer SpadeCrawford Jackson Moss StamasCushingberry Johnson Nathan StanleyDaley Jones, Rick Neumann TlaibDean Kandrevas Oakes TylerDenby Kennedy Opsommer ValentineDeShazor Knollenberg Pavlov WalshDillon Kowall Pearce WarrenDonigan Kurtz Polidori WomackDurhal Lahti Proos YoungElsenheimer LeBlanc Roberts

Nays—3

Agema Amash Genetski

In The Chair: Haase

House Bill No. 4917, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 2009 PA 201. The Senate has passed the bill and ordered that it be given immediate effect. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4325, entitled 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,” (MCL 445.61 to 445.77) by adding sections 19a, 19b, and 19c. The Senate has concurred in the House amendments to the Senate substitute (S-1). The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 6197, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1213 (MCL 700.1213), as amended by 2000 PA 54, and by adding section 2723. 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. 6261, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec tions 82101, 82106, and 82118 (MCL 324.82101, 324.82106, and 324.82118), section 82101 as amended by 2008 PA 145, section 82106 as amended by 2008 PA 399, and section 82118 as amended by 2008 PA 400, and by adding section 82105c. 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. 6462, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 9a, 10c, and 20a (MCL 247.659a, 247.660c, and 247.670a), section 9a as amended by 2007 PA 199, section 10c as amended by 2008 PA 485, and section 20a as amended by 2005 PA 5. The Senate has passed the bill and ordered that it be given immediate effect. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

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 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.

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 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 amended the title to read as follows: A bill to amend 1984 PA 270, entitled “An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,” by amending sections 4, 71, 88b, and 89b (MCL 125.2004, 125.2071, 125.2088b, and 125.2089b), section 4 as amended by 2005 PA 225, section 88b as amended by 2009 PA 218, and section 89b as added by 2008 PA 98. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

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 Senate has amended the bill as follows: 1. Amend page 2, following line 25, by striking out the balance of the bill and inserting: “(a) House Bill No. 4919. (b) House Bill No. 4920.”. 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.

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 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.

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 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.

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 Senate has amended the bill as follows: 1. Amend page 1, line 1, after “(1)” by striking out “EXCEPT WITH REGARD TO SPECIFIC TRAFFIC UNITS, SELECTIVE ENFORCEMENT UNITS, OR WHERE FEDERAL GRANT REQUIREMENTS MAY REQUIRE A QUOTA, A” and inserting “A”. 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.

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 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.

The Senate returned, in accordance with the request of the House Senate Bill No. 1072, entitled A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending sections 2, 3, 5, 6, 8, and 10 (MCL 423.232, 423.233, 423.235, 423.236, 423.238, and 423.240).

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Associate Speaker Pro Tempore Haase called Associate Speaker Pro Tempore Scripps to the Chair.


Rep. Roberts moved that when the House adjourns today it stand adjourned until Friday, December 3, at 12:01 a.m. The motion prevailed.

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Rep. Elsenheimer moved that the House adjourn. The motion prevailed, the time being 11:59 p.m.

Associate Speaker Pro Tempore Scripps declared the House adjourned until Friday, December 3, at 12:01 a.m.

RICHARD J. BROWNClerk of the House of Representatives


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