No. 11

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Tuesday, February 7, 2012.

1:30 p.m.

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

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

Agema—present Genetski—present LeBlanc—present Price—present

Ananich—present Gilbert—present Lindberg—excused Pscholka—present

Barnett—present Glardon—present Lipton—present Rendon—present

Bauer—present Goike—present Liss—present Rogers—present

Bledsoe—present Haines—present Lori—present Rutledge—present

Bolger—present Hammel—present Lund—present Santana—present

Brown—present Haugh—present Lyons—present Schmidt, R.—present

Brunner—present Haveman—present MacGregor—present Schmidt, W.—present

Bumstead—present Heise—present MacMaster—present Segal—present

Byrum—present Hobbs—present McBroom—present Shaughnessy—present

Callton—present Hooker—present McCann—present Shirkey—present

Cavanagh—present Horn—present McMillin—present Slavens—present

Clemente—present Hovey-Wright—present Meadows—present Smiley—present

Constan—present Howze—present Moss—present Somerville—present

Cotter—present Hughes—present Muxlow—present Stallworth—present

Crawford—present Huuki—present Nathan—present Stamas—present

Daley—present Irwin—present Nesbitt—present Stanley—present

Damrow—present Jackson—present O’Brien—present Stapleton—present

Darany—present Jacobsen—present Oakes—present Switalski—present

Denby—present Jenkins—excused Olson—present Talabi—present

Dillon—present Johnson—present Olumba—present Tlaib—present

Durhal—present Kandrevas—present Opsommer—present Townsend—excused

Farrington—present Knollenberg—present Ouimet—present Tyler—present

Forlini—present Kowall—present Outman—present Walsh—present

Foster—present Kurtz—present Pettalia—present Womack—excused

Franz—present LaFontaine—present Poleski—present Yonker—present

Geiss—present Lane—present Potvin—present Zorn—present

e/d/s = entered during session

Rep. Lisa L. Howze, from the 2nd District, offered the following invocation:

“Most precious and Heavenly Father,

We bow our heads in reverence to You and humble our hearts in Your presence. You have enlarged our territory and given us dominion over the land. For this, we say, thank You. Thank You for trusting us with such a great responsibility to serve the people, Your people, Lord, in the great state of Michigan. You say in Your Word that ‘in as much as you did it to one of the least of these, my brothers and sisters, you did it to Me.’

Therefore, Lord, let us be mindful of the policies that we pass and how those policies impact the citizens of the state of Michigan, especially those who are less fortunate among us. Allow members on both sides of the aisle to work collaboratively together to pass meaningful legislation that is pleasing in Your sight. And, at the end of our serving, we look forward to hearing You say these words, ‘Well done, my good and faithful servant. Well done!’

And, all who are in agreement with this prayer, let us say, Amen!”

______

The Speaker assumed the Chair.

______

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

The motion prevailed.

Rep. Segal moved that Reps. Lindberg, Townsend and Womack be excused from today’s session.

The motion prevailed.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5125, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2009 PA 39.

(The bill was received from the Senate on December 15, 2011, with substitute (S-5) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 28, 2011, see House Journal No. 102 of 2011, p. 2943.)

The question being on concurring in the substitute (S-5) made to the bill by the Senate,

Rep. Geiss moved to amend the Senate substitute (S-5) as follows:

1. Amend page 4, line 13, after “JANUARY 1,” by striking out “2015” and inserting “2014”.

2. Amend page 4, line 24, by striking out “2015” and inserting “2014”.

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

Rep. Geiss moved to substitute (H-2) the Senate substitute (S-5).

The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Geiss moved to substitute (H-9) the Senate substitute (S-5).

The motion did not prevail and the substitute (H-9) was not adopted, a majority of the members serving not voting therefor.

The question being on concurring in the substitute (S-5) made to the bill by the Senate,

The substitute (S-5) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 28 Yeas—63

Agema Goike Lane Poleski

Bauer Haines LeBlanc Price

Bolger Hammel Lund Pscholka

Brown Haugh Lyons Rogers

Callton Haveman MacGregor Schmidt, W.

Cavanagh Heise McCann Shaughnessy

Constan Hobbs McMillin Shirkey

Crawford Hooker Meadows Slavens

Daley Horn Moss Somerville

Damrow Hughes Muxlow Stamas

Darany Irwin Nesbitt Stanley

Denby Jacobsen O’Brien Switalski

Farrington Kandrevas Oakes Walsh

Forlini Knollenberg Olson Yonker

Franz Kowall Opsommer Zorn

Gilbert LaFontaine Ouimet

Nays—41

Ananich Geiss Liss Rutledge

Barnett Genetski Lori Santana

Bledsoe Glardon MacMaster Schmidt, R.

Brunner Hovey-Wright McBroom Segal

Bumstead Howze Nathan Smiley

Byrum Huuki Olumba Stallworth

Clemente Jackson Outman Stapleton

Cotter Johnson Pettalia Talabi

Dillon Kurtz Potvin Tlaib

Durhal Lipton Rendon Tyler

Foster

In The Chair: Walsh

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

The Speaker laid before the House

House Bill No. 5126, entitled

A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2003 PA 94.

(The bill was received from the Senate on December 15, 2011, with substitute (S-5) and immediate effect given by the Senate; rules suspended, amendments defeated and bill postponed temporarily, see House Journal No. 102 of 2011, p. 2940.)

The question being on concurring in the substitute (S-5) made to the bill by the Senate,

The substitute (S-5) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 29 Yeas—63

Agema Goike Lane Poleski

Bauer Haines LeBlanc Price

Bolger Hammel Lund Pscholka

Brown Haugh Lyons Rogers

Callton Haveman MacGregor Schmidt, W.

Cavanagh Heise McCann Shaughnessy

Constan Hobbs McMillin Shirkey

Crawford Hooker Meadows Slavens

Daley Horn Moss Somerville

Damrow Hughes Muxlow Stamas

Darany Irwin Nesbitt Stanley

Denby Jacobsen O’Brien Switalski

Farrington Kandrevas Oakes Walsh

Forlini Knollenberg Olson Yonker

Franz Kowall Opsommer Zorn

Gilbert LaFontaine Ouimet

Nays—41

Ananich Geiss Liss Rutledge

Barnett Genetski Lori Santana

Bledsoe Glardon MacMaster Schmidt, R.

Brunner Hovey-Wright McBroom Segal

Bumstead Howze Nathan Smiley

Byrum Huuki Olumba Stallworth

Clemente Jackson Outman Stapleton

Cotter Johnson Pettalia Talabi

Dillon Kurtz Potvin Tlaib

Durhal Lipton Rendon Tyler

Foster

In The Chair: Walsh

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

Third Reading of Bills

House Bill No. 4121, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 24a, 509q, 558, 659, 699, 863, 960, and 968 (MCL 168.24a, 168.509q, 168.558, 168.659, 168.699, 168.863, 168.960, and 168.968), section 24a as amended by 2010 PA 52, sections 509q and 699 as amended by 2005 PA 71, section 558 as amended by 2002 PA 163, section 659 as amended by 2004 PA 296, section 863 as amended by 2003 PA 302, and sections 960 and 968 as amended by 1989 PA 26, and by adding section 17 and chapter XVIIA.

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

Roll Call No. 30 Yeas—104

Agema Geiss Lane Potvin

Ananich Genetski LeBlanc Price

Barnett Gilbert Lipton Pscholka

Bauer Glardon Liss Rendon

Bledsoe Goike Lori Rogers

Bolger Haines Lund Rutledge

Brown Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Cavanagh Hooker McMillin Shirkey

Clemente Horn Meadows Slavens

Constan Hovey-Wright Moss Smiley

Cotter Howze Muxlow Somerville

Crawford Hughes Nathan Stallworth

Daley Huuki Nesbitt Stamas

Damrow Irwin O’Brien Stanley

Darany Jackson Oakes Stapleton

Denby Jacobsen Olson Switalski

Dillon Johnson Olumba Talabi

Durhal Kandrevas Opsommer Tlaib

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Yonker

Franz LaFontaine Poleski Zorn

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 4122, entitled

A bill to amend 1929 PA 312, entitled “The metropolitan district act,” by amending sections 3, 4, 7, 9, and 13 (MCL 119.3, 119.4, 119.7, 119.9, and 119.13), section 4 as amended by 2002 PA 410, and by adding section 2a.

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

Roll Call No. 31 Yeas—104

Agema Geiss Lane Potvin

Ananich Genetski LeBlanc Price

Barnett Gilbert Lipton Pscholka

Bauer Glardon Liss Rendon

Bledsoe Goike Lori Rogers

Bolger Haines Lund Rutledge

Brown Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Cavanagh Hooker McMillin Shirkey

Clemente Horn Meadows Slavens

Constan Hovey-Wright Moss Smiley

Cotter Howze Muxlow Somerville

Crawford Hughes Nathan Stallworth

Daley Huuki Nesbitt Stamas

Damrow Irwin O’Brien Stanley

Darany Jackson Oakes Stapleton

Denby Jacobsen Olson Switalski

Dillon Johnson Olumba Talabi

Durhal Kandrevas Opsommer Tlaib

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Yonker

Franz LaFontaine Poleski Zorn

Nays—0

In The Chair: Walsh

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

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

A bill to amend 1929 PA 312, entitled “The metropolitan district act,” by amending sections 3, 4, 7, 9, 9b, and 13 (MCL 119.3, 119.4, 119.7, 119.9, 119.9b, and 119.13), section 4 as amended by 2002 PA 410 and section 9b as added by 1998 PA 171, and by adding sections 2a, 17a, and 17b.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 5206, entitled

A bill to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” (MCL 290.651 to 290.674) by adding section 18b.

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

Roll Call No. 32 Yeas—104

Agema Geiss Lane Potvin

Ananich Genetski LeBlanc Price

Barnett Gilbert Lipton Pscholka

Bauer Glardon Liss Rendon

Bledsoe Goike Lori Rogers

Bolger Haines Lund Rutledge

Brown Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Cavanagh Hooker McMillin Shirkey

Clemente Horn Meadows Slavens

Constan Hovey-Wright Moss Smiley

Cotter Howze Muxlow Somerville

Crawford Hughes Nathan Stallworth

Daley Huuki Nesbitt Stamas

Damrow Irwin O’Brien Stanley

Darany Jackson Oakes Stapleton

Denby Jacobsen Olson Switalski

Dillon Johnson Olumba Talabi

Durhal Kandrevas Opsommer Tlaib

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Yonker

Franz LaFontaine Poleski Zorn

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5207, entitled

A bill to repeal 1961 PA 70, entitled “Seal of quality act,” (MCL 289.631 to 289.646).

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

Roll Call No. 33 Yeas—104

Agema Geiss Lane Potvin

Ananich Genetski LeBlanc Price

Barnett Gilbert Lipton Pscholka

Bauer Glardon Liss Rendon

Bledsoe Goike Lori Rogers

Bolger Haines Lund Rutledge

Brown Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Cavanagh Hooker McMillin Shirkey

Clemente Horn Meadows Slavens

Constan Hovey-Wright Moss Smiley

Cotter Howze Muxlow Somerville

Crawford Hughes Nathan Stallworth

Daley Huuki Nesbitt Stamas

Damrow Irwin O’Brien Stanley

Darany Jackson Oakes Stapleton

Denby Jacobsen Olson Switalski

Dillon Johnson Olumba Talabi

Durhal Kandrevas Opsommer Tlaib

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Yonker

Franz LaFontaine Poleski Zorn

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5208, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” (MCL 290.601 to 290.634) by adding section 35.

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

Roll Call No. 34 Yeas—104

Agema Geiss Lane Potvin

Ananich Genetski LeBlanc Price

Barnett Gilbert Lipton Pscholka

Bauer Glardon Liss Rendon

Bledsoe Goike Lori Rogers

Bolger Haines Lund Rutledge

Brown Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Cavanagh Hooker McMillin Shirkey

Clemente Horn Meadows Slavens

Constan Hovey-Wright Moss Smiley

Cotter Howze Muxlow Somerville

Crawford Hughes Nathan Stallworth

Daley Huuki Nesbitt Stamas

Damrow Irwin O’Brien Stanley

Darany Jackson Oakes Stapleton

Denby Jacobsen Olson Switalski

Dillon Johnson Olumba Talabi

Durhal Kandrevas Opsommer Tlaib

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Yonker

Franz LaFontaine Poleski Zorn

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5209, entitled

A bill to amend 1927 PA 89, entitled “An act to promote the agricultural and industrial interests in the Upper Peninsula of Michigan; to create a board of managers for a state fair in the Upper Peninsula; to define the powers and duties thereof; to provide immunity from personal liability for members of the board of managers and its chief administrative officer for action taken in their official capacity; to provide for the transferring to and vesting in the state of Michigan or the people thereof, the title and control of all lands and other property that now is or hereafter may be owned or acquired in the Upper Peninsula for the purpose of holding and conducting an agricultural and industrial state fair; to authorize the leasing or licensed use of facilities for certain purposes, including bingo; to permit and regulate games of skill at the Upper Peninsula state fair; and to provide for an appropriation therefor,” (MCL 285.141 to 285.145) by adding section 6.

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

Roll Call No. 35 Yeas—104

Agema Geiss Lane Potvin

Ananich Genetski LeBlanc Price

Barnett Gilbert Lipton Pscholka

Bauer Glardon Liss Rendon

Bledsoe Goike Lori Rogers

Bolger Haines Lund Rutledge

Brown Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Cavanagh Hooker McMillin Shirkey

Clemente Horn Meadows Slavens

Constan Hovey-Wright Moss Smiley

Cotter Howze Muxlow Somerville

Crawford Hughes Nathan Stallworth

Daley Huuki Nesbitt Stamas

Damrow Irwin O’Brien Stanley

Darany Jackson Oakes Stapleton

Denby Jacobsen Olson Switalski

Dillon Johnson Olumba Talabi

Durhal Kandrevas Opsommer Tlaib

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Yonker

Franz LaFontaine Poleski Zorn

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5210, entitled

A bill to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” (MCL 290.651 to 290.674) by adding section 18a.

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

Roll Call No. 36 Yeas—104

Agema Geiss Lane Potvin

Ananich Genetski LeBlanc Price

Barnett Gilbert Lipton Pscholka

Bauer Glardon Liss Rendon

Bledsoe Goike Lori Rogers

Bolger Haines Lund Rutledge

Brown Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Cavanagh Hooker McMillin Shirkey

Clemente Horn Meadows Slavens

Constan Hovey-Wright Moss Smiley

Cotter Howze Muxlow Somerville

Crawford Hughes Nathan Stallworth

Daley Huuki Nesbitt Stamas

Damrow Irwin O’Brien Stanley

Darany Jackson Oakes Stapleton

Denby Jacobsen Olson Switalski

Dillon Johnson Olumba Talabi

Durhal Kandrevas Opsommer Tlaib

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Yonker

Franz LaFontaine Poleski Zorn

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5211, entitled

A bill to amend 1939 PA 141, entitled “Grain dealers act,” (MCL 285.61 to 285.88) by adding section 29.

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

Roll Call No. 37 Yeas—104

Agema Geiss Lane Potvin

Ananich Genetski LeBlanc Price

Barnett Gilbert Lipton Pscholka

Bauer Glardon Liss Rendon

Bledsoe Goike Lori Rogers

Bolger Haines Lund Rutledge

Brown Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Cavanagh Hooker McMillin Shirkey

Clemente Horn Meadows Slavens

Constan Hovey-Wright Moss Smiley

Cotter Howze Muxlow Somerville

Crawford Hughes Nathan Stallworth

Daley Huuki Nesbitt Stamas

Damrow Irwin O’Brien Stanley

Darany Jackson Oakes Stapleton

Denby Jacobsen Olson Switalski

Dillon Johnson Olumba Talabi

Durhal Kandrevas Opsommer Tlaib

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Yonker

Franz LaFontaine Poleski Zorn

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5212, entitled

A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” (MCL 286.201 to 286.228) by adding section 23b.

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

Roll Call No. 38 Yeas—104

Agema Geiss Lane Potvin

Ananich Genetski LeBlanc Price

Barnett Gilbert Lipton Pscholka

Bauer Glardon Liss Rendon

Bledsoe Goike Lori Rogers

Bolger Haines Lund Rutledge

Brown Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Cavanagh Hooker McMillin Shirkey

Clemente Horn Meadows Slavens

Constan Hovey-Wright Moss Smiley

Cotter Howze Muxlow Somerville

Crawford Hughes Nathan Stallworth

Daley Huuki Nesbitt Stamas

Damrow Irwin O’Brien Stanley

Darany Jackson Oakes Stapleton

Denby Jacobsen Olson Switalski

Dillon Johnson Olumba Talabi

Durhal Kandrevas Opsommer Tlaib

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Yonker

Franz LaFontaine Poleski Zorn

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.

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

Second Reading of Bills

House Bill No. 5050, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 479c.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Judiciary,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Brown moved to amend the bill as follows:

1. Amend page 2, following line 18, by inserting:

(D) IF THE INVESTIGATION IS TO DETERMINE WHETHER AN INDIVIDUAL 16 YEARS OF AGE OR YOUNGER WHO IS CONSIDERED TO BE A MISSING PERSON MAY BE THE VICTIM OF ANY CRIME, THE PERSON IS INFORMED OF THAT FACT, AND THE INDIVIDUAL 16 YEARS OF AGE OR YOUNGER SUFFERS GREAT BODILY HARM, PERMANENT DISABILITY, PERMANENT DISFIGUREMENT, OR DEATH AS A RESULT OF A CRIME OR OTHERWISE WITHIN THE PERIOD OF INVESTIGATION, THE PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $10,000.00, OR BOTH.”.

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

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

The motion prevailed.

House Bill No. 5051, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2006 PA 234.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 2, following line 12, by inserting:

750.479C(2)(D) PUB ORD F PROVIDING FALSE INFORMATION TO PEACE OFFICER CONDUCTING CRIMINAL INVESTIGATION REGARDING MISSING CHILD 4”.

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

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

The motion prevailed.

House Bill No. 4455, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3171, 3172, 3173a, 3174, 3175, 3320, and 3330 (MCL 500.3171, 500.3172, 500.3173a, 500.3174, 500.3175, 500.3320, and 500.3330), sections 3172 and 3175 as amended and section 3173a as added by 1984 PA 426 and section 3320 as amended by 1980 PA 461.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance,

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

Rep. Geiss moved to amend the bill as follows:

1. Amend page 4, following line 24, by inserting:

(8) ONE YEAR AFTER THE DATE ESTABLISHED UNDER SUBSECTION (5)(C), THE COMMISSIONER SHALL REPORT IN WRITING TO THE SENATE AND HOUSE OF REPRESENTATIVES STANDING COMMITTEES ON INSURANCE ISSUES ON THE COST OF THE TRANSFER OF THE ASSIGNED CLAIMS PLAN TO THE MICHIGAN AUTOMOBILE INSURANCE PLACEMENT FACILITY AND THE EFFECTIVENESS OF OPERATIONS UNDER THE NEW PLAN.” and renumbering the remaining subsection.

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

Rep. Shaughnessy moved to amend the bill as follows:

1. Amend page 3, line 15, after “(3).” by inserting “UNTIL THE DATE ESTABLISHED IN THE PLAN UNDER SUBSECTION (5)(C), THE BOARD OF GOVERNORS SHALL GIVE THE SECRETARY OF STATE ADVANCE NOTICE OF ANY PROPOSED AMENDMENTS TO THE PLAN.”.

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

Rep. Shaughnessy moved to amend the bill as follows:

1. Amend page 2, line 18, after “BY” by striking out “MARCH 1” and inserting “AUGUST 1”.

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

Rep. Shaughnessy 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 the enrollment printing and presentation to the Governor on Thursday, February 2, for his approval of the following bills:

Enrolled House Bill No. 4920 at 4:14 p.m.

Enrolled House Bill No. 4921 at 4:16 p.m.

Enrolled House Bill No. 4922 at 4:18 p.m.

Enrolled House Bill No. 4923 at 4:20 p.m.

Enrolled House Bill No. 4924 at 4:22 p.m.

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, February 3:

House Bill Nos. 5339 5340 5341 5342 5343 5344 5345 5346 5347 5348 5349 5350 5351 5352

5353 5354 5355 5356 5357 5358 5359 5360 5361

House Joint Resolution NN

The Clerk announced the enrollment printing and presentation to the Governor on Monday, February 6, for his approval of the following bills:

Enrolled House Bill No. 4284 at 3:29 p.m.

Enrolled House Bill No. 4745 at 3:31 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, February 7:

Senate Bill Nos. 927 928 929 930

The Clerk announced that the following Senate bills had been received on Tuesday, February 7:

Senate Bill Nos. 726 845 846 847 848

Reports of Standing Committees

The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

House Bill No. 5332, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 680 and 691 (MCL 206.680 and 206.691), as added by 2011 PA 38.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Wayne Schmidt, Tyler, Knollenberg, Denby, Glardon, Shaughnessy, Zorn, Switalski, Bledsoe, Haugh, Barnett and Clemente

Nays: Reps. Gilbert, Lund, Farrington and Somerville

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Wayne Schmidt, Chair, of the Committee on Commerce, was received and read:

Meeting held on: Tuesday, February 7, 2012

Present: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett and Clemente

Absent: Reps. Townsend and Olumba

Excused: Reps. Townsend and Olumba

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Foster, Chair, of the Committee on Natural Resources, Tourism, and Outdoor Recreation, was received and read:

Meeting held on: Tuesday, February 7, 2012

Present: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Haugh, Bledsoe and Slavens

Absent: Rep. Stapleton

Excused: Rep. Stapleton

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Horn, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Tuesday, February 7, 2012

Present: Reps. Horn, Shirkey, Opsommer, Crawford, Haveman, Kowall, Franz, Jacobsen, McBroom, Nesbitt, Outman, Price, Zorn, Roy Schmidt, Santana, Irwin, Brunner, Stallworth, Cavanagh, Smiley and Switalski

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 7, 2012

Present: Reps. Lund, McBroom, Knollenberg, Tyler, Outman, Pscholka, Byrum, Nathan and Stanley

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Kurtz, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Tuesday, February 7, 2012

Present: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens and Lane

Absent: Rep. Stapleton

Excused: Rep. Stapleton

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. McMillin, Chair, of the Committee on Oversight, Reform, and Ethics, was received and read:

Meeting held on: Tuesday, February 7, 2012

Present: Reps. McMillin, Jacobsen, Denby, Price, Bledsoe and Brown

Messages from the Senate

House Bill No. 5073, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8125 and 8134 (MCL 600.8125 and 600.8134), section 8125 as amended by 1995 PA 112 and section 8134 as amended by 2001 PA 253.

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. 5074, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8133 (MCL 600.8133).

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. 5075, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 528 and 8144 (MCL 600.528 and 600.8144), section 528 as amended by 1988 PA 134 and section 8144 as amended by 2002 PA 92.

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. 5093, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8116 and 8117 (MCL 600.8116 and 600.8117), section 8117 as amended by 2005 PA 237.

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. 5094, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8152, 8153, and 8154 (MCL 600.8152, 600.8153, and 600.8154), section 8152 as amended by 2008 PA 137.

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. 5095, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8160 (MCL 600.8160).

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. 5106, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 526 (MCL 600.526).

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. 5107, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8140 (MCL 600.8140).

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. 5071, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8149 and 8151 (MCL 600.8149 and 600.8151), section 8151 as amended by 2000 PA 38.

The Senate has amended the bill as follows:

1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by striking out all of section 8149.

The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 8151 (MCL 600.8151), as amended by 2000 PA 38.

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

House Bill No. 5072, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8158, 8162, and 8163 (MCL 600.8158, 600.8162, and 600.8163).

The Senate has amended the bill as follows:

1. Amend page 2, line 5, by striking out all of section 8162.

The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 8158 and 8163 (MCL 600.8158 and 600.8163).

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

House Bill No. 5101, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 524, 8146, 8147, and 8148 (MCL 600.524, 600.8146, 600.8147, and 600.8148), as amended by 2002 PA 92.

The Senate has amended the bill as follows:

1. Amend page 4, line 3, after “THE” by striking out the balance of the subsection and inserting “CONSOLIDATION OF THE EIGHTY-SECOND AND EIGHTY-THIRD DISTRICTS.”.

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. 5102, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 525 and 549d (MCL 600.525 and 600.549d).

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 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 550a, 803, 8138, and 8156 (MCL 600.550a, 600.803, 600.8138, and 600.8156), section 550a as amended by 2002 PA 92 and sections 803 and 8138 as amended by 2011 PA 300.

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

House Bill No. 5104, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 519 and 8139 (MCL 600.519 and 600.8139).

The Senate has amended the bill as follows:

1. Amend page 1, line 11, by striking out all of section 8139.

The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 519 (MCL 600.519).

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

Senate Bill No. 726, entitled

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

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. 845, entitled

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

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. 846, entitled

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

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. 847, entitled

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

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. 848, entitled

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

The Senate has passed the bill.

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

Introduction of Bills

Reps. Denby, McMillin, LaFontaine, Outman, Rogers and Opsommer introduced

House Bill No. 5362, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3135 (MCL 500.3135), as amended by 2002 PA 697.

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

Reps. Brunner, Daley, Smiley, Kurtz, Rendon, Outman, McBroom, LaFontaine, Johnson, Denby, Ananich, Talabi, Segal, Hovey-Wright, Dillon, Cotter, Haugh, Lane, Geiss, Roy Schmidt, Franz, Hammel, Goike, Muxlow, Kowall, Damrow, Horn, Rogers, Jenkins, Opsommer, Lyons, O’Brien, Price and Oakes introduced

House Bill No. 5363, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11506 (MCL 324.11506), as amended by 2010 PA 345.

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

Rep. Kowall introduced

House Bill No. 5364, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; to prescribe certain conditions for the appropriations; and to repeal acts and parts of acts.

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

Rep. Moss introduced

House Bill No. 5365, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2012 and September 30, 2013; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

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

Rep. Moss introduced

House Bill No. 5366, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; and to provide for the expenditure of the appropriations.

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

Rep. Moss introduced

House Bill No. 5367, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; and to provide for the expenditure of the appropriations.

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

Rep. Moss introduced

House Bill No. 5368, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2011 PA 299 and section 17b as amended by 2007 PA 137.

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

Rep. Moss introduced

House Bill No. 5369, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 206 (MCL 388.1801 and 388.1806), as added by 2011 PA 62.

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

Rep. Moss introduced

House Bill No. 5370, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 241 (MCL 388.1836 and 388.1841), as added by 2011 PA 62.

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

Rep. Nesbitt introduced

House Joint Resolution OO, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 23 of article VI, to provide for requiring the advice and consent of the senate for gubernatorial appointments of justices of the supreme court of the state of Michigan.

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

______

Rep. Franz moved that the House adjourn.

The motion prevailed, the time being 3:25 p.m.

Associate Speaker Pro Tempore Opsommer declared the House adjourned until Wednesday, February 8, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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