No. 18

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Thursday, February 24, 2011.

12:00 Noon.

The House was called to order by the Speaker.

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

Agema—present Gilbert—present Lipton—present Pscholka—present

Ananich—present Glardon—present Liss—present Rendon—present

Barnett—present Goike—present Lori—present Rogers—present

Bauer—present Haines—present Lund—present Rutledge—present

Bledsoe—present Hammel—present Lyons—present Santana—present

Bolger—present Haugh—present MacGregor—present Schmidt, R.—present

Brown—present Haveman—present MacMaster—present Schmidt, W.—present

Brunner—present Heise—present McBroom—present Scott—present

Bumstead—present Hobbs—present McCann—present Segal—present

Byrum—present Hooker—present McMillin—present Shaughnessy—present

Callton—present Horn—present Meadows—present Shirkey—present

Cavanagh—present Hovey-Wright—present Melton—present Slavens—present

Clemente—present Howze—present Moss—present Smiley—present

Constan—present Hughes—present Muxlow—excused Somerville—present

Cotter—present Huuki—present Nathan—present Stallworth—present

Crawford—present Irwin—present Nesbitt—present Stamas—present

Daley—present Jackson—present O’Brien—present Stanley—present

Damrow—present Jacobsen—present Oakes—present Stapleton—present

Darany—present Jenkins—present Olson—present Switalski—present

Denby—present Johnson—present Olumba—present Talabi—present

Dillon—present Kandrevas—present Opsommer—present Tlaib—present

Durhal—present Knollenberg—present Ouimet—present Townsend—present

Farrington—present Kowall—present Outman—present Tyler—present

Forlini—present Kurtz—present Pettalia—present Walsh—present

Foster—present LaFontaine—present Poleski—present Womack—excused

Franz—present Lane—present Potvin—present Yonker—excused

Geiss—present LeBlanc—present Price—present Zorn—present

Genetski—present Lindberg—present

e/d/s = entered during session

Rev. Dave Nightingale, Pastor of Emmaus Road Bible Church in Allegan, offered the following invocation:

“Thank You Heavenly Father for this opportunity to gather as Your servants today. We are here representing the dreams and aspirations of the citizens of this wonderful state. We are also aware that their are many who today are hurting and for them the future is uncertain. As a body we are moving through a season of difficult choices and today in a very significant way we are looking for Your wisdom and direction to lead us correctly.

The men and women of this assembly have given of themselves to come together with sleeves rolled up to do the people’s work. May our efforts be supported by hearts and minds that are focused on You so we can live as examples of Your grace and to lead in humility, knowing how unworthy we are of Your favor.

Today we simply ask that You grant us wisdom beyond ourselves so that at the end of this session we can all exclaim that God has been in this place and has lead us His people.

Thank You for bringing us together for this work, In Jesus name we pray, Amen.”

______

Rep. Lund moved that Reps. Muxlow and Yonker be excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Motions and Resolutions

Reps. Shaughnessy, Barnett, Brown, Constan, Denby, Dillon, Durhal, Geiss, Heise, LeBlanc, Liss, O’Brien, Segal and Tyler offered the following resolution:

House Resolution No. 33.

A resolution to declare February 28, 2011, as Rare Disease Day in the state of Michigan.

Whereas, February 28 has been recognized as Rare Disease Day by millions of people throughout the United States of America and the world; and

Whereas, According to the National Institutes of Health, nearly 30 million Americans suffer from almost 7,000 rare diseases. Rare diseases are classified as those that affect fewer than 200,000 individuals; and

Whereas, The National Organization for Rare Disorders (NORD), a unique federation of voluntary health organizations dedicated to helping people with rare “orphan” diseases and assisting the organizations that serve them, offers programs of education, advocacy, research, and other services; and

Whereas, Thousands of Michigan residents are affected by rare diseases as patients, friends and family, caregivers, physicians and other medical professionals, providers of social services, and researchers seeking to develop safe and effective treatments; and

Whereas, Since many rare diseases are genetic, about half of the people affected by rare diseases in the United States are children; and

Whereas, People with a rare disease experience challenges due to the nature of their disease, including difficulty in obtaining a timely and accurate diagnosis; difficulty in finding physicians or treatment centers with the needed expertise; treatments that are generally more expensive than those for common diseases; and reimbursement issues related to private insurance, Medicare, and Medicaid; and

Whereas, Research on rare diseases is important because it often adds significantly to the general understanding of more common diseases; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 28, 2011, as Rare Disease Day in the state of Michigan; and be it further

Resolved, That the members of this legislative body urge all Michiganders to use this day as an opportunity to educate themselves about the challenges of rare diseases; and be it further

Resolved, That a copy of this resolution be transmitted to the National Organization for Rare Disorders.

The question being on the adoption of the resolution,

The resolution was adopted.

Rep. Darany offered the following resolution:

House Resolution No. 34.

A resolution to urge the President and Congress of the United States to maintain federal funding for the Low Income Home Energy Assistance Program.

Whereas, The Low Income Home Energy Assistance Program (LIHEAP) is America’s primary means of helping needy families pay for heating fuel to keep warm in the winter. LIHEAP, a federal block grant program, provides the bulk of funding for energy assistance programs in almost every state and has been doing so for nearly 30 years. LIHEAP helps the elderly, people with disabilities, families with young children, the unemployed, and the working poor. LIHEAP prevents people from having to choose between heating their homes and buying food and medication for themselves or their families; and

Whereas, As the ranks of the unemployed have swelled and the number of Americans living in poverty has increased, the LIHEAP program has become even more important. According to the United States Census Bureau, the nation’s official poverty rate in 2009 was 14.3 percent, up from 13.2 percent in 2008. Many of the more than forty million Americans living in poverty come from Michigan and other Midwest and Northeast states. Many of the poor and needy in these cold weather regions face difficulty in paying their energy bills. When the temperature falls below zero, staying warm becomes a matter of life and death, and LIHEAP assistance becomes imperative; and

Whereas, This valuable and essential program should be maintained without pause. LIHEAP funding ensures that energy assistance is available to those in need, allowing families in Michigan and across the country to meet their basic energy needs. For nearly 30 years, despite the economic situation, the President and the Congress have realized the value of LIHEAP and funded this essential program. Now is not the time to eliminate or de-fund LIHEAP, just as the country is beginning to recover from one of the deepest recessions this country has faced; now, therefore, be it

Resolved by the House of Representatives, That we urge the President and Congress of the United States to maintain federal funding for the Low Income Home Energy Assistance Program; and be it further

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

The resolution was referred to the Committee on Energy and Technology.

Messages from the Senate

Senate Concurrent Resolution No. 7.

A concurrent resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.

Whereas, Over the past four decades, nuclear power has been a significant source for the nation’s production of electricity. According to the U.S. Nuclear Energy Institute, nuclear power provided 20.2 percent of the electricity produced in the United States and 21.5 percent of the electricity generated in Michigan in 2009; and

Whereas, Since the earliest days of nuclear power, the great dilemma associated with this technology is how to deal with used nuclear fuel. This high-level radioactive waste demands exceptional care in all facets of its storage and disposal, including its transportation; and

Whereas, In 1982, Congress passed the Nuclear Waste Policy Act of 1982. This legislation requires the federal government, through the Department of Energy, to build a repository for the permanent storage of high-level radioactive waste from nuclear power plants. This act, which was amended in 1987, includes a specific timetable to identify a suitable location and to establish the waste repository. The costs for this undertaking are paid from a fee that is assessed on all nuclear energy produced; and

Whereas, In accordance with the federal act, customers of Michigan electric utilities have paid $763 million through September 30, 2010, into the federal Nuclear Waste Fund for construction of the federal nuclear waste repository; and

Whereas, The Nuclear Waste Policy Act of 1982 provided that the DOE was to begin accepting and storing the nation’s nuclear waste by January 31, 1998. In the more than ten years that have passed since that date, the nation remains without the facility it has been planning to have. Overall, the nation’s electric ratepayers have paid billions into the nuclear waste fund, which the DOE is supposed to use to open the repository; and

Whereas, There are serious concerns that the federal government is not complying with the timetables set forth in federal law. The Department of Energy, along with the Nuclear Regulatory Commission, must work diligently to meet its obligation as provided by law. There is too much at stake; and

Whereas, The unresolved issue of spent nuclear fuel is severely impeding efforts to construct the new nuclear power plants that are needed to provide clean and reliable baseload power. It is incumbent upon the Nuclear Regulatory Commission to work diligently to move the Yucca Mountain approval process along. The DOE must begin constructing and operating Yucca Mountain and begin accepting nuclear waste without further delay; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste; and be it further

Resolved, That copies of this resolution be transmitted to the United States Department of Energy, the Nuclear Regulatory Commission, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Energy and Technology.

______

The Speaker called the Speaker Pro Tempore to the Chair.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 14.

A resolution to express support for the Attorney General’s efforts to accelerate federal government efforts to devise a plan to prevent Asian carp from invading the Great Lakes and to call on the Snyder administration and the Obama administration to take all necessary actions to prevent the invasion.

(For text of resolution, see House Journal No. 8, p. 103.)

(The resolution was reported by the Committee on Natural Resources, Tourism, and Outdoor Recreation on February 22, with substitute (H-1).)

(For substitute, see House Journal No. 16, p. 199.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

The substitute (H-1) was adopted, a majority of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Ananich, Bauer, Bledsoe, Brunner, Bumstead, Byrum, Callton, Cavanagh, Crawford, Darany, Denby, Dillon, Durhal, Farrington, Franz, Gilbert, Glardon, Goike, Haines, Haugh, Hobbs, Hovey-Wright, Howze, Irwin, Jackson, Jacobsen, Kandrevas, Lane, LeBlanc, Lindberg, Lipton, Lund, Lyons, MacGregor, McCann, Meadows, Melton, Moss, Nathan, Nesbitt, Oakes, Olson, Opsommer, Outman, Pettalia, Poleski, Potvin, Santana, Roy Schmidt, Scott, Segal, Shirkey, Slavens, Smiley, Somerville, Stallworth, Stamas, Stapleton, Switalski, Talabi, Tlaib and Townsend were named co‑sponsors of the resolution.

The Speaker laid before the House

House Resolution No. 15.

A resolution to urge the Congress of the United States to make every effort to expedite and fund the Great Lakes and Mississippi River Basin Interbasin Study and to ensure Asian carp do not invade the Great Lakes.

(For text of resolution, see House Journal No. 8, p. 104.)

(The resolution was reported by the Committee on Natural Resources, Tourism, and Outdoor Recreation on February 22.)

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Ananich, Bauer, Bledsoe, Brunner, Bumstead, Byrum, Callton, Cavanagh, Cotter, Crawford, Darany, Denby, Dillon, Durhal, Farrington, Forlini, Franz, Gilbert, Goike, Haugh, Haveman, Hobbs, Hovey-Wright, Howze, Huuki, Irwin, Jacobsen, Jenkins, Lane, LeBlanc, Lindberg, Lipton, Lund, Lyons, MacGregor, McCann, Moss, Nathan, O’Brien, Oakes, Olson, Opsommer, Outman, Poleski, Potvin, Price, Rendon, Rutledge, Santana, Scott, Segal, Shaughnessy, Slavens, Smiley, Somerville, Stallworth, Stamas, Stapleton, Switalski, Talabi, Tlaib, Townsend and Walsh were named co‑sponsors of the resolution.

The Speaker laid before the House

House Resolution No. 16.

A resolution to urge the U.S. Congress and the U.S. Army Corps of Engineers to take immediate actions to prevent the Asian carp from entering the Great Lakes and to develop long-term strategies to address this problem.

(For text of resolution, see House Journal No. 8, p. 104.)

(The resolution was reported by the Committee on Natural Resources, Tourism, and Outdoor Recreation on February 22.)

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Agema, Ananich, Bauer, Bledsoe, Brunner, Bumstead, Byrum, Callton, Cavanagh, Crawford, Denby, Dillon, Durhal, Farrington, Forlini, Franz, Gilbert, Glardon, Goike, Haugh, Haveman, Hobbs, Hughes, Huuki, Irwin, Jackson, Jacobsen, Jenkins, Kowall, Kurtz, Lane, LeBlanc, Lindberg, Lipton, Lund, Lyons, McBroom, McCann, Meadows, Melton, Nathan, O’Brien, Oakes, Olumba, Opsommer, Outman, Pettalia, Poleski, Potvin, Price, Rendon, Santana, Scott, Segal, Shirkey, Slavens, Smiley, Somerville, Stallworth, Stamas, Stapleton, Switalski, Talabi, Tlaib, Townsend, Walsh and Zorn were named co‑sponsors of the resolution.

The Speaker laid before the House

House Concurrent Resolution No. 7.

A concurrent resolution to urge the U.S. Congress and the U.S. Army Corps of Engineers to take immediate actions to prevent the Asian carp from entering the Great Lakes and to develop long-term strategies to address this problem.

(For text of concurrent resolution, see House Journal No. 15, p. 180.)

(The concurrent resolution was reported by the Committee on Natural Resources, Tourism, and Outdoor Recreation on February 22.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Reps. Barnett, Bauer, Bledsoe, Brown, Bumstead, Byrum, Callton, Cavanagh, Constan, Cotter, Crawford, Daley, Damrow, Farrington, Forlini, Franz, Genetski, Haugh, Haveman, Hobbs, Horn, Howze, Irwin, Jacobsen, Jenkins, Knollenberg, Lane, LeBlanc, Lindberg, Lipton, Lori, Lund, Lyons, MacGregor, MacMaster, McBroom, Meadows, Melton, Nathan, O’Brien, Olson, Olumba, Opsommer, Ouimet, Pettalia, Potvin, Rendon, Rogers, Santana, Wayne Schmidt, Scott, Segal, Smiley, Somerville, Stamas, Talabi, Tlaib, Townsend, Walsh and Zorn were named co‑sponsors of the concurrent resolution.

The Speaker laid before the House

House Concurrent Resolution No. 8.

A concurrent resolution to urge the Congress of the United States to make every effort to expedite and fund the Great Lakes and Mississippi River Basin Interbasin Study and to ensure Asian carp do not invade the Great Lakes.

(For text of concurrent resolution, see House Journal No. 15, p. 180.)

(The concurrent resolution was reported by the Committee on Natural Resources, Tourism, and Outdoor Recreation on February 22.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Reps. Agema, Ananich, Barnett, Bauer, Bledsoe, Brown, Bumstead, Byrum, Callton, Cavanagh, Constan, Denby, Dillon, Farrington, Forlini, Franz, Genetski, Gilbert, Glardon, Goike, Haugh, Haveman, Hobbs, Hooker, Horn, Hovey-Wright, Howze, Irwin, Jacobsen, Jenkins, Johnson, Knollenberg, Lane, LeBlanc, Lipton, Lori, Lyons, MacGregor, MacMaster, McCann, Meadows, Melton, Moss, Nathan, Nesbitt, O’Brien, Oakes, Olson, Outman, Poleski, Potvin, Rendon, Santana, Roy Schmidt, Wayne Schmidt, Segal, Smiley, Stallworth, Stamas, Stapleton, Switalski, Talabi, Townsend, Walsh and Zorn were named co‑sponsors of the concurrent resolution.

Third Reading of Bills

Senate Bill No. 20, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” (MCL 408.1001 to 408.1094) by adding section 17.

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

Roll Call No. 22 Yeas—69

Agema Goike LeBlanc Pettalia

Bledsoe Haines Liss Poleski

Bolger Haugh Lori Potvin

Bumstead Haveman Lund Price

Callton Heise Lyons Pscholka

Cavanagh Hooker MacGregor Rendon

Cotter Horn MacMaster Rogers

Crawford Hughes McBroom Schmidt, R.

Daley Huuki McMillin Schmidt, W.

Damrow Jacobsen Melton Scott

Denby Jenkins Moss Shaughnessy

Farrington Johnson Nesbitt Shirkey

Forlini Knollenberg O’Brien Somerville

Foster Kowall Olson Stamas

Franz Kurtz Opsommer Tyler

Genetski LaFontaine Ouimet Walsh

Gilbert Lane Outman Zorn

Glardon

Nays—38

Ananich Durhal Lipton Slavens

Barnett Geiss McCann Smiley

Bauer Hammel Meadows Stallworth

Brown Hobbs Nathan Stanley

Brunner Hovey-Wright Oakes Stapleton

Byrum Howze Olumba Switalski

Clemente Irwin Rutledge Talabi

Constan Jackson Santana Tlaib

Darany Kandrevas Segal Townsend

Dillon Lindberg

In The Chair: Walsh

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

“An act to prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment; to create certain boards, commissions, committees, and divisions relative to occupational and construction health and safety; to prescribe their powers and duties and powers and duties of the department of labor and department of public health; to prescribe certain powers and duties of the directors of the departments of labor, public health, and agriculture; to impose an annual levy to provide revenue for the safety education and training division; to provide remedies and penalties; to repeal certain acts and parts of acts; and to repeal certain acts and parts of act on specific dates,”

The House agreed to the full title.

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

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

House Bill No. 4129, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1078.

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

Roll Call No. 23 Yeas—107

Agema Genetski LeBlanc Price

Ananich Gilbert Lindberg Pscholka

Barnett Glardon Lipton Rendon

Bauer Goike Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Scott

Byrum Hobbs McBroom Segal

Callton Hooker McCann Shaughnessy

Cavanagh Horn McMillin Shirkey

Clemente Hovey-Wright Meadows Slavens

Constan Howze Melton Smiley

Cotter Hughes Moss Somerville

Crawford Huuki Nathan Stallworth

Daley Irwin Nesbitt Stamas

Damrow Jackson O’Brien Stanley

Darany Jacobsen Oakes Stapleton

Denby Jenkins Olson Switalski

Dillon Johnson Olumba Talabi

Durhal Kandrevas Opsommer Tlaib

Farrington Knollenberg Ouimet Townsend

Forlini Kowall Outman Tyler

Foster Kurtz Pettalia Walsh

Franz LaFontaine Poleski Zorn

Geiss Lane Potvin

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Reps. Brown, Brunner, Bumstead, Cavanagh, Crawford, Damrow, Denby, Durhal, Forlini, Franz, Geiss, Gilbert, Haines, Heise, Hooker, Horn, Howze, Hughes, Huuki, Jackson, Jacobsen, Johnson, Kowall, Kurtz, Lane, LeBlanc, Lipton, Liss, Lori, Lund, Lyons, MacMaster, Melton, Moss, O’Brien, Pettalia, Price, Rendon, Rogers, Santana, Roy Schmidt, Smiley, Somerville, Stallworth, Talabi and Walsh were named co‑sponsors of the bill.

Second Reading of Bills

Senate Bill No. 122, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8801, 8802, 8805, 8806, and 8807 (MCL 324.8801, 324.8802, 324.8805, 324.8806, and 324.8807), as added by 1998 PA 287, and by adding section 3109d.

The bill was read a second time.

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

The motion prevailed.

______

Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, February 24:

House Bill Nos. 4316 4317 4318 4319 4320 4321 4322 4323 4324 4325 4326

The Clerk announced that the following Senate bills had been received on Thursday, February 24:

Senate Bill Nos. 77 149

Reports of Standing Committees

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

House Bill No. 4167, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2008 PA 297.

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

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

“Enacting section 1. This amendatory act takes effect July 1, 2011.” and renumbering the remaining enacting section.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Gilbert, Horn, Scott, Damrow, Jacobsen, Pettalia, Somerville, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba

Nays: None

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

House Bill No. 4168, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601b (MCL 257.601b), as amended by 2008 PA 296.

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

1. Amend page 3, following line 1, by inserting:

“Enacting section 1. This amendatory act takes effect July 1, 2011.”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Gilbert, Horn, Scott, Damrow, Jacobsen, Pettalia, Somerville, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba

Nays: None

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

Senate Bill No. 53, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2155.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Gilbert, Horn, Scott, Damrow, Jacobsen, Pettalia, Somerville, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: Rep. Olumba

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 24, 2011

Present: Reps. Walsh, Heise, Gilbert, Horn, Scott, Damrow, Jacobsen, Pettalia, Somerville, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba

Absent: Rep. Muxlow

Excused: Rep. Muxlow

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 24, 2011

Present: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Scott, Shirkey, Hooker, Huuki, Liss, Stallworth, Darany, Segal and Hovey-Wright

Absent: Reps. Muxlow, Yonker and Womack

Excused: Reps. Muxlow, Yonker and Womack

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ouimet, Chair, of the Committee on Local, Intergovernmental, and Regional Affairs, was received and read:

Meeting held on: Thursday, February 24, 2011

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 24, 2011

Present: Reps. Lund, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Kandrevas, Roy Schmidt, Segal, Hovey-Wright, Howze and Geiss

Absent: Rep. Yonker

Excused: Rep. Yonker

Messages from the Senate

House Bill No. 4160, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88b (MCL 125.2088b), as amended by 2010 PA 271.

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.

Senate Bill No. 77, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5805 and 5839 (MCL 600.5805 and 600.5839), section 5805 as amended by 2002 PA 715 and section 5839 as amended by 1985 PA 188.

The Senate has passed the bill.

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

Senate Bill No. 149, entitled

A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 7a and 17 (MCL 252.307a and 252.317), section 7a as amended by 2010 PA 350 and section 17 as amended by 2009 PA 86.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Brunner, Smiley, Santana, Darany, Bauer, Slavens, Geiss, Townsend, Liss, Barnett, Tlaib, Hovey-Wright, Brown, Oakes, Rutledge, Cavanagh, Dillon, Segal, Haugh, Switalski, Durhal, Meadows, McCann and Lipton introduced

House Bill No. 4327, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2163a (MCL 600.2163a), as amended by 2002 PA 604.

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

Reps. Constan, Smiley, Santana, Darany, Bauer, Geiss, Slavens, Liss, Barnett, Tlaib, Irwin, Hovey-Wright, Oakes, Rutledge, Cavanagh, Haugh, Switalski, Dillon, Segal, Durhal, McCann, Brunner, Meadows and Lipton introduced

House Bill No. 4328, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 4151, 4153, 4155, and 4165 (MCL 500.4151, 500.4153, 500.4155, and 500.4165), as added by 2006 PA 399, and by adding sections 4158, 4159, 4160, 4161, and 4162 and chapter 41B; and to repeal acts and parts of acts.

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

Reps. McCann, Smiley, Santana, Darany, Bauer, Slavens, Geiss, Townsend, Liss, Barnett, Tlaib, Hovey-Wright, Brown, Cavanagh, Dillon, Switalski, Segal, Durhal, Brunner, Rutledge, Meadows and Lipton introduced

House Bill No. 4329, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11 (MCL 400.11), as amended by 1990 PA 122.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. Oakes, Smiley, Santana, Geiss, Darany, Bauer, Slavens, Liss, Barnett, Tlaib, Irwin, Hovey-Wright, Brown, Cavanagh, Dillon, Segal, Haugh, Switalski, Durhal, Brunner, Meadows, McCann and Lipton introduced

House Bill No. 4330, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 5422 and 5423 (MCL 700.5422 and 700.5423), section 5423 as amended by 2005 PA 204.

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

Reps. Womack, Smiley, Santana, Darany, Bauer, Geiss, Slavens, Liss, Barnett, Tlaib, Irwin, Rutledge, Hovey-Wright, Oakes, Brown, Cavanagh, Dillon, Segal, Haugh, Switalski, Durhal, Townsend, Brunner, Meadows, McCann and Lipton introduced

House Bill No. 4331, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 2802, 2803, and 2804 (MCL 700.2802, 700.2803, and 700.2804).

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

Reps. Meadows, Smiley, Santana, Geiss, Darany, Bauer, Slavens, Liss, Barnett, Tlaib, Irwin, Hovey-Wright, Oakes, Cavanagh, Jackson, Dillon, Haugh, Switalski, Segal, Townsend, Durhal, Brunner, McCann, Lipton and Brown introduced

House Bill No. 4332, entitled

A bill to prescribe the missing senior or vulnerable adult alert as the official response to reports of certain missing persons; to provide for the broadcast of information regarding those incidents; and to provide for certain civil immunity.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. Hovey-Wright, Smiley, Santana, Geiss, Darany, Bauer, Slavens, Liss, Barnett, Tlaib, Irwin, Oakes, Brown, Cavanagh, Dillon, Haugh, Switalski, Segal, Townsend, Durhal, Brunner, Meadows, McCann and Lipton introduced

House Bill No. 4333, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11a (MCL 400.11a), as amended by 1990 PA 122.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. Bauer, Darany, Slavens, Smiley, Liss, Santana, Tlaib, Barnett, Irwin, Geiss, Rutledge, Hovey-Wright, Oakes, Dillon, Haugh, Switalski, Segal, Townsend, Durhal, Brunner, Cavanagh, Meadows, McCann and Lipton introduced

House Bill No. 4334, entitled

A bill to amend 1953 PA 181, entitled “An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon,” by amending sections 1c, 2, and 3 (MCL 52.201c, 52.202, and 52.203), section 2 as amended by 2004 PA 153 and section 3 as amended by 2006 PA 569.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. Segal, Darany, Slavens, Smiley, Liss, Santana, Tlaib, Barnett, Bauer, Irwin, Geiss, Rutledge, Hovey-Wright, Oakes, Brown, Dillon, Haugh, Switalski, Townsend, Brunner, Cavanagh, Meadows, McCann and Lipton introduced

House Bill No. 4335, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5305 (MCL 700.5305), as amended by 2000 PA 464, and by adding section 5319.

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

Reps. Irwin, Darany, Bauer, Slavens, Smiley, Liss, Santana, Tlaib, Barnett, Geiss, Rutledge, Hovey-Wright, Oakes, Brown, Dillon, Haugh, Switalski, Durhal, Segal, Townsend, Brunner, Cavanagh, Meadows, McCann and Lipton introduced

House Bill No. 4336, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5410 (MCL 700.5410).

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

Reps. Bledsoe, Smiley, Darany, Santana, Bauer, Slavens, Townsend, Liss, Tlaib, Barnett, Geiss, Irwin, Rutledge, Hovey-Wright, Oakes, Brown, Dillon, Switalski, Durhal, Segal, Talabi, Brunner, Cavanagh, Meadows, McCann and Lipton introduced

House Bill No. 4337, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 159g and 273 (MCL 750.159g and 750.273), section 159g as amended by 2010 PA 362.

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

Reps. Darany, Smiley, Bauer, Slavens, Liss, Santana, Barnett, Tlaib, Geiss, Hovey-Wright, Oakes, Brown, Dillon, Haugh, Switalski, Durhal, Segal, Townsend, Talabi, Brunner, Cavanagh, Meadows, McCann and Lipton introduced

House Bill No. 4338, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11b (MCL 400.11b), as amended by 2000 PA 61.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. Brown, Darany, Slavens, Smiley, Liss, Santana, Tlaib, Barnett, Bauer, Geiss, Hovey-Wright, Oakes, Haugh, Dillon, Switalski, Segal, Durhal, Townsend, Brunner, Cavanagh, Meadows, McCann and Lipton introduced

House Bill No. 4339, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2010 PA 95.

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

Reps. Slavens, Oakes, Darany, Townsend, Smiley, Liss, Santana, Tlaib, Barnett, Bauer, Irwin, Geiss, Hovey-Wright, Haugh, Dillon, Switalski, Segal, Durhal, Brunner, Cavanagh, Meadows, McCann, Lipton and Brown introduced

House Bill No. 4340, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 174a (MCL 750.174a), as amended by 2004 PA 255.

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

Reps. Barnett, Smiley, Santana, Darany, Bauer, Slavens, Townsend, Liss, Tlaib, Geiss, Irwin, Oakes, Brown, Cavanagh, Hovey-Wright, Haugh, Dillon, Switalski, Segal, Durhal, Brunner, Meadows, McCann and Lipton introduced

House Bill No. 4341, entitled

A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 102c (MCL 451.2102c).

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

Reps. Talabi, Smiley, Santana, Darany, Bauer, Slavens, Townsend, Liss, Geiss, Tlaib, Barnett, Oakes, Brown, Cavanagh, Hovey-Wright, Rutledge, Dillon, Haugh, Switalski, Segal, Durhal, Brunner, Meadows, McCann and Lipton introduced

House Bill No. 4342, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 5306, 5314, 5315, and 5316 (MCL 700.5306, 700.5314, 700.5315, and 700.5316), section 5306 as amended by 2004 PA 532, section 5314 as amended by 2000 PA 469, and section 5316 as amended by 2000 PA 54, and by adding section 5306a.

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

Reps. Durhal, Smiley, Santana, Darany, Bauer, Slavens, Townsend, Liss, Tlaib, Barnett, Geiss, Oakes, Brown, Cavanagh, Hovey-Wright, Dillon, Haugh, Switalski, Segal, Brunner, Meadows, McCann and Lipton introduced

House Bill No. 4343, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16o of chapter XVII (MCL 777.16o), as amended by 2010 PA 130.

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

Reps. Stapleton, Smiley, Santana, Darany, Bauer, Slavens, Geiss, Liss, Tlaib, Barnett, Hovey-Wright, Brown, Cavanagh, Dillon, Switalski, Haugh, Segal, Durhal, Brunner, Rutledge, Meadows, McCann and Lipton introduced

House Bill No. 4344, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5501 (MCL 700.5501).

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

Reps. Ananich, Smiley, Santana, Darany, Bauer, Slavens, Townsend, Liss, Geiss, Barnett, Tlaib, Irwin, Oakes, Brown, Cavanagh, Hovey-Wright, Dillon, Switalski, Haugh, Segal, Durhal, Brunner, Rutledge, Meadows, McCann and Lipton introduced

House Bill No. 4345, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1a of chapter IV (MCL 764.1a), as amended by 2005 PA 106.

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

Rep. Irwin introduced

House Joint Resolution L, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 7 of article IX, to provide for a graduated state income tax.

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

Rep. Segal moved that the House adjourn.

The motion prevailed, the time being 1:25 p.m.

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

GARY L. RANDALL

Clerk of the House of Representatives

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