No. 34

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

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

10:00 a.m.

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 LeBlanc—present Price—present

Ananich—present Glardon—present Lindberg—present Pscholka—present

Barnett—present Goike—present Lipton—present Rendon—present

Bauer—present Graves—present Liss—present Rogers—present

Bledsoe—present Greimel—present Lori—present Rutledge—present

Bolger—present Haines—present Lund—present Santana—present

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

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

Bumstead—present Haveman—present MacMaster—present Segal—present

Byrum—present Heise—present McBroom—present Shaughnessy—present

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

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

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

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

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

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

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

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

Darany—present Jackson—e/d/s Oakes—present Switalski—present

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

Dillon—present Jenkins—present Olumba—present Tlaib—present

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

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

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

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

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

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

Genetski—present Lane—present

e/d/s = entered during session

Rep. Chuck Moss, from the 40th District, offered the following invocation:

“Letter Addressed to the Governors of all the States, June 14, 1783:

George Washington -

I now make it my earnest prayer that God would have you, and the State over which you preside, in His holy protection; that He would incline the hearts of the citizens to entertain a brotherly affection and love for one another, for their fellow-citizens of the United States at large, and particularly for brethren who have served in the field; and finally that He would most graciously be pleased to dispose us all to do justice, to love mercy, and to demean ourselves with that charity, humility, and pacific temper of mind, which were the characteristics of the Divine Author of our blessed religion, and without a humble imitation of whose example in these things, we can never hope to be a happy nation.

In the name of the Father, Son, and Holy Spirit, Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

Messages from the Senate

The Senate returned, in accordance with the request of the House

Senate Bill No. 874, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 501 (MCL 436.1501), as amended by 2006 PA 547.

(The bill was passed on March 27, see House Journal No. 32, p. 482.)

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

The question being on the motion made by Rep. Stamas,

Rep. Stamas demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Stamas,

The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 146 Yeas—108

Agema Genetski Lane Price

Ananich Gilbert LeBlanc Pscholka

Barnett Glardon Lindberg Rendon

Bauer Goike Lipton Rogers

Bledsoe Graves Liss Rutledge

Bolger Greimel Lori Santana

Brown Haines Lund Schmidt, R.

Brunner Hammel Lyons Schmidt, W.

Bumstead Haugh MacGregor Segal

Byrum Haveman MacMaster Shaughnessy

Callton Heise McBroom Shirkey

Cavanagh Hobbs McCann Slavens

Clemente Hooker McMillin Smiley

Constan Horn Meadows Somerville

Cotter Hovey-Wright Moss Stallworth

Crawford Howze Muxlow Stamas

Daley Hughes Nathan Stanley

Damrow Huuki Nesbitt Stapleton

Darany Irwin O’Brien Switalski

Denby Jacobsen Oakes Talabi

Dillon Jenkins Olson Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Nays—0

In The Chair: Walsh

By unanimous consent the House returned to the order of

Motions and Resolutions

Senate Bill No. 1018, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 1 and 14 (MCL 423.201 and 423.214), section 1 as amended by 2012 PA 45.

(The bill was passed on March 28, see House Journal No. 33, p. 502.)

Rep. Segal moved to reconsider the vote by which the House passed the bill,

(For first notice, see House Journal No. 33, p. 503.)

The question being on the motion made by Rep. Segal,

Rep. Stamas demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Segal,

The motion did not prevail, a majority of members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 147 Yeas—45

Ananich Durhal LeBlanc Segal

Barnett Geiss Lindberg Slavens

Bauer Greimel Lipton Smiley

Bledsoe Hammel Liss Stallworth

Brown Haugh McCann Stanley

Brunner Hobbs Meadows Stapleton

Byrum Hovey-Wright Nathan Switalski

Cavanagh Howze Oakes Talabi

Clemente Irwin Rutledge Tlaib

Constan Kandrevas Santana Townsend

Darany Lane Schmidt, R. Womack

Dillon

Nays—63

Agema Goike Lori Poleski

Bolger Graves Lund Potvin

Bumstead Haines Lyons Price

Callton Haveman MacGregor Pscholka

Cotter Heise MacMaster Rendon

Crawford Hooker McBroom Rogers

Daley Horn McMillin Schmidt, W.

Damrow Hughes Moss Shaughnessy

Denby Huuki Muxlow Shirkey

Farrington Jacobsen Nesbitt Somerville

Forlini Jenkins O’Brien Stamas

Foster Johnson Olson Tyler

Franz Knollenberg Opsommer Walsh

Genetski Kowall Ouimet Yonker

Gilbert Kurtz Outman Zorn

Glardon LaFontaine Pettalia

In The Chair: Walsh

Reps. Switalski, Slavens, Townsend, Darany, Lindberg, Byrum, Womack, Barnett, Hovey-Wright, Kandrevas, Santana, Segal, Howze, Brown, Bauer, Constan, Durhal, Goike, Knollenberg, Liss and Tyler offered the following resolution:

House Resolution No. 222.

A resolution to declare April 2012 as Sexual Assault Awareness and Prevention Month in the state of Michigan.

Whereas, Rape and sexual assault impacts women, children, and men of all racial, cultural, and economic backgrounds; and

Whereas, The American Medical Association has stated that a “woman is raped every 46 seconds in the United States” and that sexual assault is a “silent epidemic”; and

Whereas, Women, children, and men are all victims of sexual assault and it is estimated that one in three women, one in four girls, one in six boys, and one in 11 men will be victims at least once in their lifetimes; and

Whereas, It is estimated by the Bureau of Justice Statistics that over 65 percent of rapes are never reported to police; and

Whereas, Only 36 percent of sexual assault victims pursue prosecution by reporting their attacks to law enforcement agencies; and

Whereas, Sixty-seven percent of all victims of sexual assault reported to law enforcement agencies were under 18 years of age and 34 percent of all victims were under 12 years of age; and

Whereas, In addition to the immediate physical and emotional costs, sexual assault may also have associated severe and long-lasting consequences of post-traumatic stress disorder, substance abuse, major depression, homelessness, eating disorders, and suicide; and

Whereas, The Centers for Disease Control and Prevention has identified sexual assault as a significant, costly, and preventable health issue; and

Whereas, Women, children, and men in our state have the right to be safe from sexual violence in their homes, at school, at work, and on the streets; and

Whereas, Seven in ten victims knew the offender prior to the act and were often identified as friends or acquaintances; and

Whereas, It is crucially important to hold perpetrators responsible for sexual attacks, and to prevent sexual violence at every opportunity; and

Whereas, It is important to recognize the strength, courage, and challenges of the victims and survivors of sexual assault and their families and friends as they struggle to cope with the reality of sexual assault; and

Whereas, It is critical to draw statewide and national attention to this very important issue so that citizens are educated and in a better position to prevent sexual assault; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2012 as Sexual Assault Awareness and Prevention Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Hovey-Wright, Geiss, Barnett, Nathan, Tlaib, Cavanagh, Rutledge, Howze, Bauer, Smiley, Slavens, Talabi, Stanley, Lindberg, Byrum, Bledsoe, Irwin, Lipton, Segal, Santana, Dillon, Townsend, Greimel, Switalski, Meadows, Hammel, Brown, McCann, Kandrevas, Hobbs, Ananich, Durhal, Liss, Jackson, Haugh, Stallworth, Oakes, Stapleton and Womack offered the following resolution:

House Resolution No. 223.

A resolution to express support for access to preventive health care services, including contraception, for all women and to strongly support insurance coverage of contraception without co-pays and cost-sharing.

Whereas, On March 23, 2010, President Obama signed the Patient Protection and Affordable Care Act, H.R. 3590 (the Act) into law and Section 2713 of the Act requires new health insurance plans to cover women’s preventive health care services without co-pays or cost-sharing. Congress’s intent to require health insurance plans to cover preventive services was to encourage and invest in basic health care services to improve health outcomes for all Americans; and

Whereas, The Institute of Medicine (IOM), an independent, nonpartisan medical body, conducted a scientific review and recommended that contraception be considered a preventive service for women under the Affordable Care Act as family planning services improve health care outcomes and wellness for women and families. Access to family planning is directly linked to declines in maternal and infant mortality rates, which is one of Governor Snyder’s stated public health priorities. Contraception enables women to better prevent unintended pregnancy and plan for pregnancy when they do want to have a child. When women plan their pregnancies, they are more likely to seek prenatal care, improving their own health and the health of their children. Ninety-nine percent of sexually active women and ninety-eight percent of sexually active catholic women will have used birth control at some point in their lives. In addition to the primary purpose of allowing women to plan and prepare for pregnancy, other health benefits of contraception include reduced risk of endometrial and ovarian cancers, ectopic pregnancy, iron deficiency anemia related to heavy menstruation, osteoporosis, ovarian cysts, and pelvic inflammatory disease. Thus, the U.S. Department of Health and Human Services (HHS) accepted the recommendation of the IOM, and will therefore require U.S. Food and Drug Administration (FDA)-approved contraceptive methods to be covered by all new health plans without co-pays or cost-sharing; and

Whereas, Copayments and other cost-sharing are barriers to accessing affordable contraception with consequences reflected in sobering statistics concerning unintended pregnancy. Half of all pregnancies in the United States each year are unintended; sixty-nine percent of pregnancies among African-American women are unintended; fifty-four percent of pregnancies among Latina women are unintended; and forty percent of pregnancies among Caucasian women are unintended. The U.S. has one of the highest rates of unintended pregnancy among the world’s most developed nations and consistently lags behind other developed nations in maternal and infant mortality rankings. In recent rankings, the U.S. ranked forty-second in the world for maternal mortality and thirtieth in the world for infant mortality rates. The cost of the prescription is a major factor in consistent use of prescription birth control. Co-pays for birth control pills typically range between $15 and $80 per month, and for other methods, such as IUDs, co-pays and other out-of-pocket expenses can reach into the hundreds of dollars. Research shows that thirty-four percent of American women have struggled with the cost of prescription birth control at some point in their lives, and as a result, have used birth control inconsistently. The numbers are even more dramatic among younger women (ages 18-34) with fifty-five percent mentioning a time when cost made it difficult to use birth control consistently; and

Whereas, Access to health care services, including contraception, is consistent with current policy, including existing federal and state refusal laws. Currently, twenty-eight states require health insurance plans that cover prescription drugs to cover contraception. Excluding birth control from coverage has long been considered discrimination against women. The Equal Employment Opportunity Commission has determined that the failure to provide coverage for prescription contraception in health plans that otherwise cover prescription drugs and devices constitutes sex discrimination. Women, regardless of where they work, should have access to health insurance that covers preventive health care, including contraception. Allowing employers to refuse to cover essential health services, such as contraception, would undermine the basic notion of health insurance and take away important protections that were created by the Affordable Care Act. Furthermore, voters by a margin of seventy-one percent to twenty-four percent believe that health insurance plans should cover birth control as preventive care for women; now, therefore, be it

Resolved by the House of Representatives, That we express support for access to preventive health care services, including contraception, for all women and to strongly support insurance coverage of contraception without co-pays and cost-sharing; and be it further

Resolved, That copies of this resolution be transmitted to 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 Health Policy.

Reps. Kowall, Bauer, Denby, LaFontaine, Shaughnessy, Gilbert, Muxlow, Ouimet, Johnson, Hooker, Haines, Price, Knollenberg, Tyler, Lyons, Jenkins, Hughes, Slavens, Lipton, Olumba, Lindberg, Tlaib, Hovey-Wright, Jackson, Brown, Hammel, LeBlanc, Byrum, Howze, Rutledge, Stallworth, Talabi, Durhal, Switalski, Bledsoe, Kandrevas, Stapleton, Barnett, Liss, Meadows, Oakes, Constan, Darany, Goike, Horn, Poleski and Segal offered the following resolution:

House Resolution No. 224.

A resolution to declare March 2012 as Women’s History Month in the state of Michigan.

Whereas, Michigan women of every race, class, and ethnic background have made historic contributions to the growth and strength of Michigan in countless recorded and unrecorded ways; and

Whereas, Michigan women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of Michigan by constituting a significant portion of the labor force working inside and outside of the home; and

Whereas, Accomplished women in Michigan such as Cora Reynolds Anderson, Lorraine Beebe, Cora Mae Brown, Anna Clemenc, Mary Stallings Coleman, Betty Ford, Martha Griffiths, Marie-Therese Guyon-Cadillac, Erma Henderson, Mildred Jeffrey, Rosa Parks, Elly Peterson, Dorothy Comstock Riley, Anna Howard Shaw, Lucinda Stone, and Sojourner Truth deserve more recognition; and

Whereas, Michigan women have played a unique role throughout the history of Michigan by providing the majority of the volunteer labor force of Michigan; and

Whereas, Michigan women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in Michigan; and

Whereas, Michigan women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; and

Whereas, Michigan women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, the peace movement, and other movements which created a more fair and just society for all; and

Whereas, The population of Michigan is fifty-one percent women, the percentage of women legislators in the Michigan House of Representatives is twenty-five percent, the percentage of women legislators in the Michigan Senate is eleven percent; and

Whereas, Despite these contributions, the role of Michigan women in history has been consistently overlooked and undervalued, in the literature, teaching and study of Michigan history; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2012 as Women’s History Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Tlaib, Hovey-Wright, Slavens, Constan, Switalski, Brown, Jackson, Santana, Barnett, Smiley, Brunner, Roy Schmidt, Stanley, Kandrevas, McCann, Talabi, Durhal, Darany, Goike, Knollenberg, Liss and Segal offered the following resolution:

House Resolution No. 225.

A resolution to declare April 27, 2012, as Viral Hepatitis Awareness Day in the state of Michigan.

Whereas, Liver cancer and liver disease related to hepatitis B and hepatitis C are among the leading killers in Michigan; and

Whereas, Hepatitis C is the most prevalent blood borne disease in the United States; and

Whereas, Early detection of hepatitis B or hepatitis C infection promotes effective management or treatment of these infections, preventing disability, loss of productivity and income, and allows persons to live full, satisfying, and productive lives; and

Whereas, Undetected and untreated hepatitis B or hepatitis C infection can lead to disability or death; and

Whereas, The majority of Michigan residents with chronic hepatitis B or C infection do not know they are infected and are therefore at high risk of severe liver disease, liver cancer, or liver failure; and

Whereas, Untreated hepatitis B and hepatitis C are leading causes of liver failure requiring a liver transplant; and

Whereas, There is a vaccine for the prevention of hepatitis B, the first proven low-cost vaccination against any form of cancer made available to Americans; and

Whereas, Hepatitis awareness education campaigns and accessible screening for hepatitis B and hepatitis C along with appropriate treatment can reduce the damage from hepatitis B and hepatitis C viral infection to individuals and to our community; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 27, 2012, as Viral Hepatitis Awareness Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Price, Barnett, Bauer, Brown, Constan, Darany, Durhal, Goike, Horn, Knollenberg, Liss, Poleski, Segal, Slavens and Tyler offered the following resolution:

House Resolution No. 226.

A resolution to declare April 2012 as Child Abuse Prevention Month in the state of Michigan.

Whereas, Since 1983, April has been designated National Child Abuse Prevention Month and has served to increase public awareness of the need to ensure the safety and welfare of children; and

Whereas, Crossing all racial, economic and geographic boundaries and including physical, sexual and emotional abuse and physical neglect, the repercussions are long-lasting, not only for the victims and their families but also for communities and society as a whole; and

Whereas, Nationally, in 2009, an estimated 2.9 million children received a protective services investigation at an expense of at least $103.8 billion annually, costing the average American family $942 each year; and

Whereas, In Michigan during that same period, there were 71,780 complaints of suspected child abuse and neglect, with a parent as the perpetrator in approximately 79 percent of the cases; and

Whereas, A focus on promoting the Protective Factors, including building parent resiliency, providing social supports and educating about child development will help build and strengthen positive relationships between parents/caregivers and the children in their care; and

Whereas, The Power of One, an initiative led by the Michigan Children’s Trust Fund that asserts that one community, one person, one dollar or one action can help protect Michigan’s children from abuse and neglect; and

Whereas, We recognize that no one person can do everything, but that everyone can do something, and together we can create change for the better; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2012 as Child Abuse Prevention Month in Michigan; and be it further

Resolved, That the members of this legislative body encourage all Michiganders to work to build safe communities, promote strong families and raise healthy children by supporting those who are striving to end the tragic abuse and neglect of children and allow them to realize their full potential.

The question being on the adoption of the resolution,

The resolution was adopted.

Rep. Hughes offered the following resolution:

House Resolution No. 227.

A resolution to memorialize Congress to reject the President’s budget proposal to eliminate the search-and-rescue U.S. Coast Guard helicopter unit in Muskegon County and to restructure the Traverse City Air Station.

Whereas, Lake Michigan is the second largest of the Great Lakes; it is 307 miles in length and 118 miles in width. Over 950,000 recreational vessels are registered in Michigan and an estimated 182,000 recreational boaters, from multiple states, operate on Lake Michigan sometime during the year. In addition, the 410-foot S.S. Badger and Lake Express car ferries each make multiple trips across the lake between May and September, transporting hundreds of passengers each voyage; and

Whereas, The U.S. Coast Guard Air Facility in Muskegon County, at Lake Michigan, provides important mid-lake accessibility to respond to water emergencies. The next closest stations able to respond to West Michigan are Chicago, 115 miles south, or Traverse City, 113 miles north. Closing the Muskegon County air facility would significantly decrease the Coast Guard’s search-and-rescue capabilities, leaving boaters on Lake Michigan at far greater risk in the event of an emergency; and

Whereas, The proposed reduction in the number of helicopters in the Traverse City air station would further limit the Coast Guard’s search-and rescue capabilities. Reducing or eliminating any current Coast Guard emergency response facilities on Lake Michigan will compromise its capacity to respond quickly to an emergency in the mid-lake area of Lake Michigan; and

Whereas, The Muskegon County Coast Guard helicopter unit and the Traverse City air station also respond to homeland security situations. Located just 250 miles from Sault Ste. Marie, Canada, the helicopter units provide additional support necessary to protect national borders; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to reject the President’s budget proposal to eliminate the search-and-rescue U.S. Coast Guard helicopter unit in Muskegon County and to restructure the Traverse City Air Station; and be it further

Resolved, That copies of this resolution be transmitted to 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 Military and Veterans Affairs and Homeland Security.

Reps. Stamas and Segal offered the following concurrent resolution:

House Concurrent Resolution No. 52.

A concurrent resolution prescribing the legislative schedule.

Resolved by the House of Representatives (the Senate concurring), That when the House adjourns on Thursday, March 29, 2012, it stands adjourned until Tuesday, April 17, 2012, at 1:30 p.m.; and that when the Senate adjourns on Thursday, March 29, 2012, it stands adjourned until Tuesday, April 17, 2012, at 10:00 a.m.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

______

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

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4689, entitled

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

(The bill was received from the Senate on March 22, with amendments and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 27, see House Journal No. 31, p. 473.)

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:

Roll Call No. 148 Yeas—108

Agema Genetski LeBlanc Price

Ananich Gilbert Lindberg Pscholka

Barnett Glardon Lipton Rendon

Bauer Goike Liss Rogers

Bledsoe Graves Lori Rutledge

Bolger Greimel Lund Santana

Brown Haines Lyons Schmidt, R.

Brunner Hammel MacGregor Schmidt, W.

Bumstead Haugh MacMaster Segal

Byrum Haveman McBroom Shaughnessy

Callton Heise McCann Shirkey

Cavanagh Hobbs McMillin Slavens

Clemente Hooker Meadows Smiley

Constan Horn Moss Somerville

Cotter Hovey-Wright Muxlow Stallworth

Crawford Howze Nathan Stamas

Daley Hughes Nesbitt Stanley

Damrow Huuki O’Brien Stapleton

Darany Irwin Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Nays—0

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. 5050, entitled

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

(The bill was received from the Senate on March 27, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 28, see House Journal No. 32, p. 491.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 149 Yeas—105

Agema Gilbert Lipton Pscholka

Ananich Glardon Liss Rendon

Bauer Graves Lori Rogers

Bledsoe Greimel Lund Rutledge

Bolger Haines Lyons Santana

Brown Hammel MacGregor Schmidt, R.

Brunner Haugh MacMaster Schmidt, W.

Bumstead Haveman McBroom Segal

Byrum Heise McCann Shaughnessy

Callton Hobbs McMillin Shirkey

Cavanagh Hooker Meadows Slavens

Clemente Hovey-Wright Moss Smiley

Constan Howze Muxlow Somerville

Cotter Hughes Nathan Stallworth

Crawford Huuki Nesbitt Stamas

Daley Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Womack

Franz LeBlanc Potvin Yonker

Geiss Lindberg Price Zorn

Genetski

Nays—4

Barnett Goike Horn Irwin

In The Chair: Walsh

The House agreed to the full title.

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

The Speaker laid before the House

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.

(The bill was received from the Senate on March 27, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 28, see House Journal No. 32, p. 491.)

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:

Roll Call No. 150 Yeas—101

Ananich Graves Liss Rendon

Bauer Greimel Lori Rogers

Bledsoe Haines Lund Rutledge

Bolger Hammel Lyons Santana

Brown Haugh MacGregor Schmidt, R.

Brunner Haveman MacMaster Schmidt, W.

Bumstead Heise McBroom Segal

Byrum Hobbs McCann Shaughnessy

Callton Hooker McMillin Shirkey

Cavanagh Hovey-Wright Meadows Slavens

Clemente Howze Moss Smiley

Constan Hughes Muxlow Somerville

Cotter Huuki Nathan Stallworth

Crawford Jacobsen Nesbitt Stamas

Daley Jenkins O’Brien Stanley

Damrow Johnson Oakes Stapleton

Darany Kandrevas Olson Switalski

Denby Knollenberg Olumba Talabi

Dillon Kowall Ouimet Tlaib

Durhal Kurtz Outman Townsend

Forlini LaFontaine Pettalia Tyler

Foster Lane Poleski Walsh

Geiss LeBlanc Potvin Womack

Genetski Lindberg Price Yonker

Gilbert Lipton Pscholka Zorn

Glardon

Nays—8

Agema Farrington Goike Irwin

Barnett Franz Horn Opsommer

In The Chair: Walsh

The House agreed to the full title.

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

______

Rep. Jackson entered the House Chambers.

The Speaker laid before the House

House Bill No. 5083, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 9105, 9307, 9311, 9316, 9326, 9406, 9408, 9502, 9503, 9507, 9515, 9516, 9518, 9521, and 9607 (MCL 440.9105, 440.9307, 440.9311, 440.9316, 440.9326, 440.9406, 440.9408, 440.9502, 440.9503, 440.9507, 440.9515, 440.9516, 440.9518, 440.9521, and 440.9607), sections 9105, 9307, 9316, 9406, 9408, 9502, 9503, and 9507 as amended and sections 9326, 9518, and 9607 as added by 2000 PA 348, section 9311 as amended by 2005 PA 25, and sections 9515, 9516, and 9521 as amended by 2008 PA 383, and by adding part 8 to article 9; and to repeal acts and parts of acts.

(The bill was received from the Senate on March 27, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 28, see House Journal No. 32, p. 491.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 151 Yeas—110

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski Lane

Nays—0

In The Chair: Walsh

The House agreed to the full title.

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

The Senate requested the return of

House Bill No. 5011, entitled

A bill to amend 1972 PA 230, entitled “An act to create a construction code commission and prescribe its functions; to authorize the director to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to establish penalties, remedies, and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation,” by amending section 2a (MCL 125.1502a), as added by 1999 PA 245, and by adding section 9.

(The bill was enrolled on February 21, see House Journal No. 17, p. 231; enrollment vacated and bill postponed temporarily on March 28, see House Journal No. 33, p. 510.)

Rep. Stamas moved that the request of the Senate be granted.

The motion prevailed.

Third Reading of Bills

House Bill No. 5009, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 303a (MCL 750.303a), as added by 1996 PA 539.

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

Roll Call No. 152 Yeas—106

Agema Genetski Lindberg Price

Ananich Gilbert Lipton Pscholka

Barnett Glardon Liss Rendon

Bauer Goike Lori Rogers

Bledsoe Graves Lund Rutledge

Bolger Greimel Lyons Schmidt, R.

Brown Haines MacGregor Schmidt, W.

Brunner Haugh MacMaster Segal

Bumstead Haveman McBroom Shaughnessy

Byrum Heise McCann Shirkey

Callton Hobbs McMillin Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Moss Somerville

Constan Howze Muxlow Stallworth

Cotter Hughes Nathan Stamas

Crawford Huuki Nesbitt Stanley

Daley Irwin O’Brien Stapleton

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Jenkins Olumba Tlaib

Dillon Johnson Opsommer Townsend

Durhal Kandrevas Ouimet Tyler

Farrington Knollenberg Outman Walsh

Forlini Kowall Pettalia Womack

Foster Kurtz Poleski Yonker

Franz LaFontaine Potvin Zorn

Geiss Lane

Nays—4

Hammel Hooker LeBlanc Santana

In The Chair: Walsh

The House agreed to the title of the bill.

Reps. Bledsoe, Bumstead, Callton, Cotter, Crawford, Damrow, Darany, Denby, Dillon, Farrington, Geiss, Goike, Graves, Haines, Hovey-Wright, Irwin, Jacobsen, Kowall, LaFontaine, Lane, Lindberg, MacGregor, MacMaster, Meadows, Oakes, Opsommer, Ouimet, Potvin, Pscholka, Rendon, Rogers, Rutledge, Shaughnessy, Shirkey, Slavens, Smiley, Somerville, Stanley, Walsh and Yonker were named co‑sponsors of the bill.

House Bill No. 5061, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 761 (MCL 168.761), as amended by 2005 PA 71, and by adding sections 38 and 764c.

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

Roll Call No. 153 Yeas—65

Agema Goike LeBlanc Pettalia

Bolger Graves Lori Poleski

Bumstead Haines Lund Potvin

Callton Haveman Lyons Price

Constan Heise MacGregor Pscholka

Cotter Hooker MacMaster Rendon

Crawford Horn McBroom Rogers

Daley Hughes McMillin Schmidt, W.

Damrow Huuki Moss Shaughnessy

Denby Jacobsen Muxlow Shirkey

Farrington Jenkins Nesbitt Somerville

Forlini Johnson O’Brien Stamas

Foster Knollenberg Olson Tyler

Franz Kowall Opsommer Walsh

Genetski Kurtz Ouimet Yonker

Gilbert LaFontaine Outman Zorn

Glardon

Nays—45

Ananich Geiss Lindberg Segal

Barnett Greimel Lipton Slavens

Bauer Hammel Liss Smiley

Bledsoe Haugh McCann Stallworth

Brown Hobbs Meadows Stanley

Brunner Hovey-Wright Nathan Stapleton

Byrum Howze Oakes Switalski

Cavanagh Irwin Olumba Talabi

Clemente Jackson Rutledge Tlaib

Darany Kandrevas Santana Townsend

Dillon Lane Schmidt, R. Womack

Durhal

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 1954 PA 116, entitled “Michigan election law,” by amending sections 761, 813, and 829 (MCL 168.761, 168.813, and 168.829), section 761 as amended by 2005 PA 71 and sections 813 and 829 as added by 2004 PA 92, and by adding sections 38 and 764c.

The motion prevailed.

The House agreed to the title as amended.

House Bill No. 5062, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 31, 33, 679a, 811, 847, 931, and 942 (MCL 168.31, 168.33, 168.679a, 168.811, 168.847, 168.931, and 168.942), section 31 as amended by 2005 PA 71, section 33 as amended by 2002 PA 91, section 679a as added by 2004 PA 256, sections 847 and 942 as amended by 1995 PA 261, and section 931 as amended by 1996 PA 583, and by adding section 31a.

The bill was read a third time.

The question being on the passage of the bill,

Point of Order

Rep. Segal requested a ruling of the Chair on if the bill is properly before the House.

The Chair ruled that the bill is properly before the House.

Point of Order

Rep. Segal requested a ruling of the Chair on, how under House Rule 54, can House Bill No. 5062 be properly before us since a request for a division of the house on immediate effect on House Bill No. 5061 has been submitted in writing.

The Chair ruled that it will continue to honor the practice under House Rules 54 and 55 that motions be made orally on the floor.

Rep. Segal appealed the decision of the Chair.

The question being, “Shall the judgment of the Chair stand as the judgment of the House?”

The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 154 Yeas—63

Agema Goike Lori Poleski

Bolger Graves Lund Potvin

Bumstead Haines Lyons Price

Callton Haveman MacGregor Pscholka

Cotter Heise MacMaster Rendon

Crawford Hooker McBroom Rogers

Daley Horn McMillin Schmidt, W.

Damrow Hughes Moss Shaughnessy

Denby Huuki Muxlow Shirkey

Farrington Jacobsen Nesbitt Somerville

Forlini Jenkins O’Brien Stamas

Foster Johnson Olson Tyler

Franz Knollenberg Opsommer Walsh

Genetski Kowall Ouimet Yonker

Gilbert Kurtz Outman Zorn

Glardon LaFontaine Pettalia

Nays—46

Ananich Durhal LeBlanc Segal

Barnett Geiss Lindberg Slavens

Bauer Greimel Lipton Smiley

Bledsoe Hammel Liss Stallworth

Brown Haugh McCann Stanley

Brunner Hobbs Meadows Stapleton

Byrum Hovey-Wright Nathan Switalski

Cavanagh Howze Oakes Talabi

Clemente Irwin Rutledge Tlaib

Constan Jackson Santana Townsend

Darany Kandrevas Schmidt, R. Womack

Dillon Lane

In The Chair: Walsh

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. 155 Yeas—110

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski Lane

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 1954 PA 116, entitled “Michigan election law,” by amending sections 31, 33, 514, 679a, 811, 847, 931, and 942 (MCL 168.31, 168.33, 168.514, 168.679a, 168.811, 168.847, 168.931, and 168.942), section 31 as amended by 2005 PA 71, section 33 as amended by 2002 PA 91, section 514 as amended by 1992 PA 195, section 679a as added by 2004 PA 256, sections 847 and 942 as amended by 1995 PA 261, and section 931 as amended by 1996 PA 583, and by adding section 31a.

The motion prevailed.

The House agreed to the title as amended.

House Bill No. 4975, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” (MCL 339.101 to 339.2919) by adding article 26A.

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

Roll Call No. 156 Yeas—105

Ananich Gilbert LeBlanc Price

Barnett Glardon Lindberg Pscholka

Bauer Graves Lipton Rendon

Bledsoe Greimel Liss Rogers

Bolger Haines Lori Rutledge

Brown Hammel Lund Santana

Brunner Haugh Lyons Schmidt, R.

Bumstead Haveman MacGregor Schmidt, W.

Byrum Heise MacMaster Segal

Callton Hobbs McBroom Shaughnessy

Cavanagh Horn McCann Slavens

Clemente Hovey-Wright Meadows Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nathan Stamas

Daley Irwin Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Genetski

Nays—5

Agema Hooker McMillin Shirkey

Goike

In The Chair: Walsh

The House agreed to the title of the bill.

House Bill No. 5271, entitled

A bill to amend 1979 PA 152, entitled “State license fee act,” (MCL 338.2201 to 338.2277) by adding section 38a.

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

Roll Call No. 157 Yeas—103

Ananich Glardon Lindberg Pscholka

Barnett Graves Lipton Rendon

Bauer Greimel Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brunner Haugh Lyons Schmidt, R.

Bumstead Haveman MacGregor Schmidt, W.

Byrum Heise MacMaster Segal

Cavanagh Hobbs McBroom Shaughnessy

Clemente Horn McCann Slavens

Constan Hovey-Wright Meadows Smiley

Cotter Howze Moss Somerville

Crawford Hughes Muxlow Stallworth

Daley Huuki Nathan Stamas

Damrow Irwin Nesbitt Stanley

Darany Jackson O’Brien Stapleton

Denby Jacobsen Oakes Switalski

Dillon Jenkins Olson Talabi

Durhal Johnson Olumba Tlaib

Farrington Kandrevas Opsommer Townsend

Forlini Knollenberg Ouimet Tyler

Foster Kowall Outman Walsh

Franz Kurtz Pettalia Womack

Geiss LaFontaine Poleski Yonker

Genetski Lane Potvin Zorn

Gilbert LeBlanc Price

Nays—7

Agema Callton Hooker Shirkey

Brown Goike McMillin

In The Chair: Walsh

The House agreed to the title of the bill.

House Bill No. 5228, entitled

A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 1a (MCL 480.11a), as amended by 2011 PA 160.

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

Roll Call No. 158 Yeas—110

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski Lane

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

Reps. Bumstead, Byrum, Constan, Cotter, Crawford, Daley, Damrow, Denby, Durhal, Franz, Genetski, Glardon, Graves, Haines, Jackson, Jacobsen, Johnson, Kowall, LaFontaine, Lane, LeBlanc, Liss, Lyons, MacGregor, McBroom, McMillin, Muxlow, Nathan, O’Brien, Olson, Opsommer, Outman, Price, Pscholka, Rendon, Wayne Schmidt, Shaughnessy, Somerville, Stapleton, Talabi, Tyler, Walsh and Zorn were named co‑sponsors of the bill.

Senate Bill No. 414, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.

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

Roll Call No. 159 Yeas—91

Ananich Geiss Lane Rutledge

Barnett Gilbert LeBlanc Santana

Bauer Glardon Lindberg Schmidt, R.

Bledsoe Graves Lipton Schmidt, W.

Bolger Greimel Liss Segal

Brown Haines Lori Shaughnessy

Brunner Hammel Lyons Slavens

Bumstead Haugh MacMaster Smiley

Byrum Heise McCann Somerville

Callton Hobbs Meadows Stallworth

Cavanagh Hooker Muxlow Stamas

Clemente Horn Nathan Stanley

Constan Hovey-Wright O’Brien Stapleton

Cotter Howze Oakes Switalski

Crawford Hughes Olson Talabi

Daley Irwin Olumba Tlaib

Damrow Jackson Ouimet Townsend

Darany Jacobsen Outman Tyler

Denby Jenkins Pettalia Walsh

Dillon Kandrevas Potvin Womack

Durhal Knollenberg Pscholka Yonker

Forlini Kowall Rendon Zorn

Foster Kurtz Rogers

Nays—19

Agema Haveman MacGregor Opsommer

Farrington Huuki McBroom Poleski

Franz Johnson McMillin Price

Genetski LaFontaine Moss Shirkey

Goike Lund Nesbitt

In The Chair: Walsh

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

“An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain acts and parts of acts,”

The House agreed to the full title.

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

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

______

Rep. Poleski, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Autism is a very difficult and expensive condition for a family to contend with. I am convinced that early recognition of the condition, and early treatment and training, serves the family and the autistic child well. In the long term, I am convinced that this early, intensive work makes the autistic child more likely to be a fully functional citizen.

The prevalence of autism in children has spiked in recent years. The cost to treat and train an autistic child is high - often more than a family can afford on its own. The cost to society of an autistic person, in lost productivity and higher incidental costs, is also substantial.

How best to deal with Autism?

I think it is in the interests of society and of our State to understand the causes of Autism, why its prevalence has increased so rapidly, and to assist with appropriate treatment and training of children as soon as the condition is recognized.

Senate bills 414 and 415 compel certain insurers to provide coverage for Autism. I disagree that insurers should be so compelled. This puts the cost of autism treatment disproportionately upon those individuals, businesses and insurers who are so compelled. Since there are many insurers and businesses who cannot be covered by SBs 414 and 415, inconsistent treatment of autism will result.

A proposed solution to the cost burden of SBs 414 and 415 is to establish a reimbursement process under SB 981. This is laudable so far as it goes, but I have a number of questions:

• Would appropriations be made to fund the reimbursement process?

• What is the anticipated cost of reimbursement?

• What happens when money runs out and those who may have acted in reliance upon it are not reimbursed?

• If the condition keeps increasing as it has, may we not expect the costs to rise as rapidly?

• Is there a match or other ‘buy-in’ requirement of those who receive services?

I suggest that, if the State is prepared to spend money on autism, we may wish to spend it in the following ways:

• To fund more robust research on why it has grown as rapidly it has;

• To reimburse a portion of the cost of early treatment through Health Reimbursement Accounts or other more efficient processes.

Neither of these suggestions requires the compulsory insurance coverages of SBs 414 and 415.

While I applaud the hard work of the sponsors and sympathize with the families that must deal with autism, I respectfully decline to vote for the compulsory insurance coverage contemplated by these bills.”

Rep. Shirkey, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

This series of bills, 414, 415, and 981 represent mandates that have indeterminable taxpayer liabilities, mandate private companies take certain actions, and definitely create winners and losers. We MUST muster the courage to have open, honest, and transparent debates on Michigan’s policies for mental health broadly. We cannot begin down the road of legislating solutions for special conditions as there will certainly be more requests than there will be courage to say no. There are other proven options to address access and affordability and not require a mandate.”

Rep. McBroom, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Colleagues, finding a way forward on this issue has been difficult. Some are calling for us to vote to support autism. As if a vote against this legislation were a vote against helping kids and families afflicted with it. Some are saying we have to put politics aside as we vote by voting yes. As if a vote against this could be driven by nothing but politics. These either/or assertions are not just wrong but fail to consider that there are very legitimate policy disputes that have either not been heard or have not received fair consideration of both the failure to serve many individuals and the long term ramifications to the costs of future insurance issues to all the people of Michigan.

Mental health issues have plagued Michigan since the early nineties. These people, young and old alike, need consideration. We are playing a dangerous game of picking only one malady to address and setting a dangerous precedent that WILL be politicized when the next malady rises to the level of having enough clamor to be addressed. At that point how will we do any less than we have done here? And how will we afford it then? As much as each issue has worthiness, without a comprehensive solution for all we create an untenable situation for all our future efforts.

In closing, I ask that each of us recognize that those who are voting yes have just as much opportunity to be either politically, emotionally, or sincerely motivated as those of us who are voting no. I am voting no out of a sincere concern for our state’s residents, both those with or without autism or any other mental or body health issue, and how this legislation will ultimately make the situation worse for our future. Thank you.”

Senate Bill No. 415, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.

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

Roll Call No. 160 Yeas—91

Ananich Geiss Lane Rutledge

Barnett Gilbert LeBlanc Santana

Bauer Glardon Lindberg Schmidt, R.

Bledsoe Graves Lipton Schmidt, W.

Bolger Greimel Liss Segal

Brown Haines Lori Shaughnessy

Brunner Hammel Lyons Slavens

Bumstead Haugh MacMaster Smiley

Byrum Heise McCann Somerville

Callton Hobbs Meadows Stallworth

Cavanagh Hooker Muxlow Stamas

Clemente Horn Nathan Stanley

Constan Hovey-Wright O’Brien Stapleton

Cotter Howze Oakes Switalski

Crawford Hughes Olson Talabi

Daley Irwin Olumba Tlaib

Damrow Jackson Ouimet Townsend

Darany Jacobsen Outman Tyler

Denby Jenkins Pettalia Walsh

Dillon Kandrevas Potvin Womack

Durhal Knollenberg Pscholka Yonker

Forlini Kowall Rendon Zorn

Foster Kurtz Rogers

Nays—19

Agema Haveman MacGregor Opsommer

Farrington Huuki McBroom Poleski

Franz Johnson McMillin Price

Genetski LaFontaine Moss Shirkey

Goike Lund Nesbitt

In The Chair: Walsh

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

“An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”

The House agreed to the full title.

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

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

______

Rep. Poleski, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Autism is a very difficult and expensive condition for a family to contend with. I am convinced that early recognition of the condition, and early treatment and training, serves the family and the autistic child well. In the long term, I am convinced that this early, intensive work makes the autistic child more likely to be a fully functional citizen.

The prevalence of autism in children has spiked in recent years. The cost to treat and train an autistic child is high - often more than a family can afford on its own. The cost to society of an autistic person, in lost productivity and higher incidental costs, is also substantial.

How best to deal with Autism?

I think it is in the interests of society and of our State to understand the causes of Autism, why its prevalence has increased so rapidly, and to assist with appropriate treatment and training of children as soon as the condition is recognized.

Senate bills 414 and 415 compel certain insurers to provide coverage for Autism. I disagree that insurers should be so compelled. This puts the cost of autism treatment disproportionately upon those individuals, businesses and insurers who are so compelled. Since there are many insurers and businesses who cannot be covered by SBs 414 and 415, inconsistent treatment of autism will result.

A proposed solution to the cost burden of SBs 414 and 415 is to establish a reimbursement process under SB 981. This is laudable so far as it goes, but I have a number of questions:

• Would appropriations be made to fund the reimbursement process?

• What is the anticipated cost of reimbursement?

• What happens when money runs out and those who may have acted in reliance upon it are not reimbursed?

• If the condition keeps increasing as it has, may we not expect the costs to rise as rapidly?

• Is there a match or other ‘buy-in’ requirement of those who receive services?

I suggest that, if the State is prepared to spend money on autism, we may wish to spend it in the following ways:

• To fund more robust research on why it has grown as rapidly it has;

• To reimburse a portion of the cost of early treatment through Health Reimbursement Accounts or other more efficient processes.

Neither of these suggestions requires the compulsory insurance coverages of SBs 414 and 415.

While I applaud the hard work of the sponsors and sympathize with the families that must deal with autism, I respectfully decline to vote for the compulsory insurance coverage contemplated by these bills.”

Rep. Shirkey, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

This series of bills, 414, 415, and 981 represent mandates that have indeterminable taxpayer liabilities, mandate private companies take certain actions, and definitely create winners and losers. We MUST muster the courage to have open, honest, and transparent debates on Michigan’s policies for mental health broadly. We cannot begin down the road of legislating solutions for special conditions as there will certainly be more requests than there will be courage to say no. There are other proven options to address access and affordability and not require a mandate.”

Rep. McBroom, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Colleagues, finding a way forward on this issue has been difficult. Some are calling for us to vote to support autism. As if a vote against this legislation were a vote against helping kids and families afflicted with it. Some are saying we have to put politics aside as we vote by voting yes. As if a vote against this could be driven by nothing but politics. These either/or assertions are not just wrong but fail to consider that there are very legitimate policy disputes that have either not been heard or have not received fair consideration of both the failure to serve many individuals and the long term ramifications to the costs of future insurance issues to all the people of Michigan.

Mental health issues have plagued Michigan since the early nineties. These people, young and old alike, need consideration. We are playing a dangerous game of picking only one malady to address and setting a dangerous precedent that WILL be politicized when the next malady rises to the level of having enough clamor to be addressed. At that point how will we do any less than we have done here? And how will we afford it then? As much as each issue has worthiness, without a comprehensive solution for all we create an untenable situation for all our future efforts.

In closing, I ask that each of us recognize that those who are voting yes have just as much opportunity to be either politically, emotionally, or sincerely motivated as those of us who are voting no. I am voting no out of a sincere concern for our state’s residents, both those with or without autism or any other mental or body health issue, and how this legislation will ultimately make the situation worse for our future. Thank you.”

Senate Bill No. 981, entitled

A bill to create an autism coverage incentive program to encourage insurance and health coverage providers to provide autism coverage; to impose certain duties on certain state departments, agencies, and officials; to create certain funds; to authorize certain expenditures; and to provide for an appropriation.

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

Roll Call No. 161 Yeas—84

Bauer Geiss Lane Rendon

Bledsoe Gilbert LeBlanc Rogers

Bolger Glardon Lindberg Santana

Brown Graves Lipton Schmidt, R.

Brunner Greimel Liss Schmidt, W.

Bumstead Haines Lori Segal

Byrum Hammel Lyons Shaughnessy

Callton Haugh MacMaster Slavens

Cavanagh Heise McCann Smiley

Clemente Hobbs Meadows Stallworth

Constan Horn Muxlow Stamas

Cotter Hovey-Wright Nathan Stanley

Crawford Howze O’Brien Stapleton

Daley Hughes Oakes Switalski

Damrow Jackson Olson Tlaib

Darany Jacobsen Olumba Townsend

Denby Jenkins Ouimet Tyler

Dillon Kandrevas Outman Walsh

Durhal Knollenberg Pettalia Womack

Forlini Kowall Potvin Yonker

Foster Kurtz Pscholka Zorn

Nays—26

Agema Haveman MacGregor Poleski

Ananich Hooker McBroom Price

Barnett Huuki McMillin Rutledge

Farrington Irwin Moss Shirkey

Franz Johnson Nesbitt Somerville

Genetski LaFontaine Opsommer Talabi

Goike Lund

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 create an autism coverage reimbursement program to encourage insurance and health coverage providers to provide autism coverage; to impose certain duties on certain state departments, agencies, and officials; to create certain funds; to authorize certain expenditures; and to provide for an appropriation.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Poleski, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Autism is a very difficult and expensive condition for a family to contend with. I am convinced that early recognition of the condition, and early treatment and training, serves the family and the autistic child well. In the long term, I am convinced that this early, intensive work makes the autistic child more likely to be a fully functional citizen.

The prevalence of autism in children has spiked in recent years. The cost to treat and train an autistic child is high - often more than a family can afford on its own. The cost to society of an autistic person, in lost productivity and higher incidental costs, is also substantial.

How best to deal with Autism?

I think it is in the interests of society and of our State to understand the causes of Autism, why its prevalence has increased so rapidly, and to assist with appropriate treatment and training of children as soon as the condition is recognized.

Senate bills 414 and 415 compel certain insurers to provide coverage for Autism. I disagree that insurers should be so compelled. This puts the cost of autism treatment disproportionately upon those individuals, businesses and insurers who are so compelled. Since there are many insurers and businesses who cannot be covered by SBs 414 and 415, inconsistent treatment of autism will result.

A proposed solution to the cost burden of SBs 414 and 415 is to establish a reimbursement process under SB 981. This is laudable so far as it goes, but I have a number of questions:

• Would appropriations be made to fund the reimbursement process?

• What is the anticipated cost of reimbursement?

• What happens when money runs out and those who may have acted in reliance upon it are not reimbursed?

• If the condition keeps increasing as it has, may we not expect the costs to rise as rapidly?

• Is there a match or other ‘buy-in’ requirement of those who receive services?

I suggest that, if the State is prepared to spend money on autism, we may wish to spend it in the following ways:

• To fund more robust research on why it has grown as rapidly it has;

• To reimburse a portion of the cost of early treatment through Health Reimbursement Accounts or other more efficient processes.

Neither of these suggestions requires the compulsory insurance coverages of SBs 414 and 415.

While I applaud the hard work of the sponsors and sympathize with the families that must deal with autism, I respectfully decline to vote for the compulsory insurance coverage contemplated by these bills.”

Rep. Shirkey, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

This series of bills, 414, 415, and 981 represent mandates that have indeterminable taxpayer liabilities, mandate private companies take certain actions, and definitely create winners and losers. We MUST muster the courage to have open, honest, and transparent debates on Michigan’s policies for mental health broadly. We cannot begin down the road of legislating solutions for special conditions as there will certainly be more requests than there will be courage to say no. There are other proven options to address access and affordability and not require a mandate.”

Rep. McBroom, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Colleagues, finding a way forward on this issue has been difficult. Some are calling for us to vote to support autism. As if a vote against this legislation were a vote against helping kids and families afflicted with it. Some are saying we have to put politics aside as we vote by voting yes. As if a vote against this could be driven by nothing but politics. These either/or assertions are not just wrong but fail to consider that there are very legitimate policy disputes that have either not been heard or have not received fair consideration of both the failure to serve many individuals and the long term ramifications to the costs of future insurance issues to all the people of Michigan.

Mental health issues have plagued Michigan since the early nineties. These people, young and old alike, need consideration. We are playing a dangerous game of picking only one malady to address and setting a dangerous precedent that WILL be politicized when the next malady rises to the level of having enough clamor to be addressed. At that point how will we do any less than we have done here? And how will we afford it then? As much as each issue has worthiness, without a comprehensive solution for all we create an untenable situation for all our future efforts.

In closing, I ask that each of us recognize that those who are voting yes have just as much opportunity to be either politically, emotionally, or sincerely motivated as those of us who are voting no. I am voting no out of a sincere concern for our state’s residents, both those with or without autism or any other mental or body health issue, and how this legislation will ultimately make the situation worse for our future. Thank you.”

Senate Bill No. 711, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” (MCL 432.1 to 432.47) by adding section 32a.

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

Roll Call No. 162 Yeas—109

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bledsoe Greimel Liss Rutledge

Bolger Haines Lori Santana

Brown Hammel Lund Schmidt, R.

Brunner Haugh Lyons Schmidt, W.

Bumstead Haveman MacGregor Segal

Byrum Heise MacMaster Shaughnessy

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Slavens

Clemente Horn McMillin Smiley

Constan Hovey-Wright Meadows Somerville

Cotter Howze Moss Stallworth

Crawford Hughes Muxlow Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski

Nays—1

Nathan

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 establish and operate a state lottery and to allow state participation in certain lottery-related joint enterprises with other sovereignties; to create a bureau of state lottery and to prescribe its powers and duties; to prescribe certain powers and duties of other state departments and agencies; to license and regulate certain sales agents; to create the state lottery fund; to provide for the distribution of lottery revenues and earnings for certain purposes; to provide for an appropriation; and to provide for remedies and penalties,”

The House agreed to the full title.

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

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

Senate Bill No. 712, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 10c (MCL 400.10c), as added by 2011 PA 198, and by adding sections 10d and 10e.

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

Roll Call No. 163 Yeas—109

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bledsoe Greimel Liss Rutledge

Bolger Haines Lori Santana

Brown Hammel Lund Schmidt, R.

Brunner Haugh Lyons Schmidt, W.

Bumstead Haveman MacGregor Segal

Byrum Heise MacMaster Shaughnessy

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Slavens

Clemente Horn McMillin Smiley

Constan Hovey-Wright Meadows Somerville

Cotter Howze Moss Stallworth

Crawford Hughes Muxlow Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski

Nays—1

Nathan

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 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending section 10c (MCL 400.10c), as added by 2011 PA 198, and by adding section 10e.

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.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4289, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; 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) and ordered that it be given immediate effect.

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

Rep. Stamas 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-2) made to the bill by the Senate,

Rep. Stapleton moved to amend the Senate substitute (S-2) as follows:

1. Amend page 14, following line 17, by inserting:

(6) REVENUE SHARING

Grant to City of Detroit................................................................................................................ $ 200,000,000

GROSS APPROPRIATION.......................................................................................................... $ 200,000,000

Appropriated from:

State general fund/general purpose revenue................................................................................. $ 200,000,000”

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

2. Amend page 15, following line 10, by inserting:

“Sec. 204. For fiscal year 2011-2012, $200,000,000.00 is transferred from the countercyclical budget and economic stabilization fund established under section 351 of the management and budget act, MCL 18.1351, to the state general fund.”.

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

Rep. Stapleton demanded the yeas and nays.

The demand was supported.

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

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 164 Yeas—32

Ananich Geiss Lindberg Santana

Barnett Greimel Lipton Segal

Bauer Hammel Liss Stallworth

Bledsoe Hobbs Meadows Stanley

Byrum Hovey-Wright Nathan Stapleton

Cavanagh Howze Oakes Talabi

Dillon Irwin Olumba Tlaib

Durhal Jackson Rutledge Womack

Nays—78

Agema Glardon LeBlanc Potvin

Bolger Goike Lori Price

Brown Graves Lund Pscholka

Brunner Haines Lyons Rendon

Bumstead Haugh MacGregor Rogers

Callton Haveman MacMaster Schmidt, R.

Clemente Heise McBroom Schmidt, W.

Constan Hooker McCann Shaughnessy

Cotter Horn McMillin Shirkey

Crawford Hughes Moss Slavens

Daley Huuki Muxlow Smiley

Damrow Jacobsen Nesbitt Somerville

Darany Jenkins O’Brien Stamas

Denby Johnson Olson Switalski

Farrington Kandrevas Opsommer Townsend

Forlini Knollenberg Ouimet Tyler

Foster Kowall Outman Walsh

Franz Kurtz Pettalia Yonker

Genetski LaFontaine Poleski Zorn

Gilbert Lane

In The Chair: Walsh

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:

Roll Call No. 165 Yeas—108

Agema Genetski Lane Price

Ananich Gilbert LeBlanc Pscholka

Barnett Glardon Lindberg Rendon

Bauer Graves Lipton Rogers

Bledsoe Greimel Liss Rutledge

Bolger Haines Lori Santana

Brown Hammel Lund Schmidt, R.

Brunner Haugh Lyons Schmidt, W.

Bumstead Haveman MacGregor Segal

Byrum Heise MacMaster Shaughnessy

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Nays—2

Goike McMillin

In The Chair: Walsh

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

House Bill No. 5033, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding sections 57v and 57w.

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 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” (MCL 400.1 to 400.119b) by adding section 10d.

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

Rep. Stamas 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:

Roll Call No. 166 Yeas—71

Agema Goike Liss Potvin

Bolger Graves Lori Price

Brown Haines Lund Pscholka

Bumstead Haveman Lyons Rendon

Callton Heise MacGregor Rogers

Constan Hooker MacMaster Schmidt, R.

Cotter Horn McBroom Schmidt, W.

Crawford Hughes McMillin Shaughnessy

Daley Huuki Moss Shirkey

Damrow Jacobsen Muxlow Smiley

Denby Jenkins Nesbitt Somerville

Farrington Johnson O’Brien Stamas

Forlini Knollenberg Olson Switalski

Foster Kowall Opsommer Tyler

Franz Kurtz Ouimet Walsh

Genetski LaFontaine Outman Yonker

Gilbert Lane Pettalia Zorn

Glardon LeBlanc Poleski

Nays—39

Ananich Durhal Kandrevas Segal

Barnett Geiss Lindberg Slavens

Bauer Greimel Lipton Stallworth

Bledsoe Hammel McCann Stanley

Brunner Haugh Meadows Stapleton

Byrum Hobbs Nathan Talabi

Cavanagh Hovey-Wright Oakes Tlaib

Clemente Howze Olumba Townsend

Darany Irwin Rutledge Womack

Dillon Jackson Santana

In The Chair: Walsh

The House agreed to the title as amended.

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

Explanation of “No” Votes

Rep. Irwin, having reserved the right to explain his protest against the passage of House Bill No. 5033, made the following statement:

“Mr. Speaker and members of the House:

I opposed 5033 because taking food assistance away from Michigan residents will save our state no money and because implementing an asset test is ineffective and administratively costly. Although this bill will revoke food assistance from Michigan families and will pull money out of our local food economy, it will save Michigan taxpayers exactly zero dollars because food assistance is 100% federally funded. In fact, this bill will cost Michigan precious dollars because implementing an asset test is an expensive process and because the administrative costs of the program are split between Michigan and the federal government. Furthermore, an asset test is difficult to administer because of the limitations of self-reporting and the ease of hiding assets from the state.”

By unanimous consent the House returned to the order of

Second Reading of Bills

Senate Bill No. 515, entitled

A bill to authorize the state administrative board to transfer or convey a certain parcel of state-owned property of approximately 157 acres in Wayne county; to prescribe conditions for the transfer or conveyance; to create a state fairgrounds sale advisory committee; to provide for certain powers and duties of certain state departments and agencies in regard to the property; and to provide for disposition of revenue derived from the conveyance of the property.

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

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

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

The motion prevailed.

Senate Bill No. 617, entitled

A bill to amend 1967 PA 168, entitled “An act to authorize the state administrative board to convey certain lands and to cede a certain water area in Alger county to the United States of America for use by the national park service; and to declare the effect thereof,” by amending sections 1 and 4 (MCL 3.451 and 3.454) and by adding sections 4a, 4b, and 4c.

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.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4834, entitled

A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending section 6 (MCL 333.26426).

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 4851, entitled

A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending section 3 (MCL 333.26423).

With the recommendation that the substitute (H-7) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: Rep. Irwin

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

House Bill No. 4853, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2010 PA 26.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: Rep. Irwin

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

House Bill No. 4856, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 474.

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

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

Favorable Roll Call

To Report Out:

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

Nays: Reps. Oakes, Brown and Irwin

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 29, 2012

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

Absent: Rep. Olumba

Excused: Rep. Olumba

Messages from the Senate

House Bill No. 4601, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 30.

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. 5206, entitled

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

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. 5207, entitled

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

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. 5208, entitled

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

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. 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.

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.

Messages from the Governor

Date: March 29, 2012

Time: 10:56 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4647 (Public Act No. 68, I.E.), being

An act 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,” (MCL 600.101 to 600.9947) by adding section 2164a.

(Filed with the Secretary of State March 29, 2012, at 1:32 p.m.)

Date: March 29, 2012

Time: 11:00 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4691 (Public Act No. 69, I.E.), being

An act 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 1307a (MCL 600.1307a), as amended by 2004 PA 12.

(Filed with the Secretary of State March 29, 2012, at 1:34 p.m.)

Date: March 29, 2012

Time: 11:02 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5332 (Public Act No. 70, I.E.), being

An act to amend 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending sections 680 and 691 (MCL 206.680 and 206.691), as added by 2011 PA 38.

(Filed with the Secretary of State March 29, 2012, at 1:36 p.m.)

Introduction of Bills

Rep. Callton introduced

House Bill No. 5520, entitled

A bill to amend 1966 PA 189, entitled “An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts,” by amending section 2a (MCL 780.652a), as added by 1996 PA 186.

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

Reps. Howze, Stallworth, Stapleton, Hobbs, Liss, Haugh, Lane, Darany, Brown, Talabi, Constan, Barnett, Geiss, Cavanagh, Hovey-Wright, Womack, Segal, Rutledge, Durhal, Hooker, Nathan, Bauer, Hammel, Bledsoe, Potvin, Roy Schmidt, Gilbert, Wayne Schmidt and Yonker introduced

House Bill No. 5521, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1180, 1181, 1182, and 1183.

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

Reps. Hooker, Yonker, Pscholka, Johnson, Lyons, O’Brien, Shirkey, LeBlanc, Heise, Haveman, MacGregor, Hughes, Price, Opsommer, Haines, Moss, Agema, Goike, LaFontaine, Shaughnessy, Olson, Somerville, Huuki, Cotter, Knollenberg, Graves, Franz, Lori, McMillin, Outman, Muxlow, Potvin and Jenkins introduced

House Bill No. 5522, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20115 (MCL 333.20115), as amended by 1999 PA 206.

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

Reps. Nesbitt, Opsommer and Horn introduced

House Bill No. 5523, entitled

A bill to prohibit employers and educational institutions from requiring certain individuals to disclose information that allows access to certain social networking accounts; to prohibit employers and educational institutions from taking certain actions for failure to disclose information that allows access to certain social networking accounts; and to provide remedies.

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

Reps. Nesbitt, MacGregor, Jacobsen, Forlini, Poleski, Pscholka, Haveman, Haines, Tyler, Kowall, Crawford, Huuki, Farrington, O’Brien, Horn and Olson introduced

House Bill No. 5524, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending section 31 (MCL 567.251), as amended by 1997 PA 195.

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

Reps. MacGregor, Nesbitt, Jacobsen, Forlini, Poleski, Pscholka, Haveman, Haines, Tyler, Kowall, Crawford, Huuki, Farrington, O’Brien, Horn and Olson introduced

House Bill No. 5525, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 110.

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

Reps. Jacobsen, Denby, Nesbitt, Forlini, Poleski, Pscholka, Haveman, Haines, Tyler, Kowall, Crawford, Huuki, Farrington, O’Brien, Horn and Olson introduced

House Bill No. 5526, 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,” (MCL 205.1 to 205.31) by adding section 6b.

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

Reps. McMillin, Somerville, Gilbert, Shirkey and Ananich introduced

House Bill No. 5527, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 15.

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

Rep. Callton introduced

House Bill No. 5528, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 520b, 520c, 520d, and 520e (MCL 750.520b, 750.520c, 750.520d, and 750.520e), as amended by 2007 PA 163.

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

Announcements by the Clerk

The Clerk received the following dissent from Reps. Greimel, Durhal, Olumba, Haugh, Hovey-Wright, Slavens and Cavanagh:

Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to SB412 and SB1018. I did not, have not, and do not support the granting of immediate effect to SB412 and SB1018.

The Clerk received the following dissent from Rep. Cavanagh:

Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to HB5408, HB5421 and SB874. I did not, have not, and do not support the granting of immediate effect to HB5408, HB5421 and SB874.

The Clerk received the following dissent from Reps. Townsend, Irwin, Tlaib, Greimel, McCann, Slavens, Byrum, Nathan and Santana:

Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to HB5009, HB5061, HB5062, HB4975, HB5271, HB5228, SB711, and SB712. I did not, have not, and do not support the granting of immediate effect to HB5009, HB5061, HB5062, HB4975, HB5271, HB5228, SB711, and SB712.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Stamas moved that Senate Bill No. 515 be placed on its immediate passage.

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

Senate Bill No. 515, entitled

A bill to authorize the state administrative board to transfer or convey a certain parcel of state-owned property of approximately 157 acres in Wayne county; to prescribe conditions for the transfer or conveyance; to create a state fairgrounds sale advisory committee; to provide for certain powers and duties of certain state departments and agencies in regard to the property; and to provide for disposition of revenue derived from the conveyance of the property.

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 167 Yeas—105

Ananich Gilbert LeBlanc Pscholka

Barnett Glardon Lindberg Rendon

Bauer Goike Lipton Rogers

Bledsoe Graves Liss Rutledge

Bolger Greimel Lori Santana

Brown Haines Lund Schmidt, R.

Brunner Hammel Lyons Schmidt, W.

Bumstead Haugh MacGregor Segal

Byrum Haveman MacMaster Shaughnessy

Callton Heise McBroom Shirkey

Cavanagh Hobbs McCann Slavens

Clemente Hooker Meadows Smiley

Constan Horn Moss Somerville

Cotter Hovey-Wright Muxlow Stallworth

Crawford Howze Nathan Stamas

Daley Hughes O’Brien Stanley

Damrow Huuki Oakes Stapleton

Darany Irwin Olson Switalski

Denby Jackson Olumba Talabi

Dillon Jacobsen Opsommer Tlaib

Durhal Jenkins Ouimet Townsend

Farrington Kandrevas Outman Tyler

Forlini Kowall Pettalia Walsh

Foster Kurtz Poleski Womack

Franz LaFontaine Potvin Yonker

Geiss Lane Price Zorn

Genetski

Nays—5

Agema Knollenberg McMillin Nesbitt

Johnson

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 authorize the state administrative board to transfer or convey a certain parcel of state-owned property of approximately 157 acres in Wayne county; to prescribe conditions for the transfer or conveyance; to create a state fairgrounds sale advisory committee; to provide for certain powers and duties of certain state departments and agencies in regard to the property; to provide for disposition of revenue derived from the conveyance of the property; and to provide for the disposal of fixtures and equipment on the property.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. McMillin, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

If the desire is to sell the land, then put it up for sale. I oppose sending the land to the MEDC via Land Bank in order to likely cut deals with select well-connected people. Picking winners and losers is wrong.”

Second Reading of Bills

Pending the Second Reading of

House Bill No. 5176, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3232 and 3240 (MCL 600.3232 and 600.3240), section 3240 as amended by 2010 PA 303.

Rep. Stamas moved that the bill be re-referred to the Committee on Banking and Financial Services.

The motion prevailed.

Pending the Second Reading of

Senate Bill No. 582, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2009 PA 37.

Rep. Stamas moved that the bill be re-referred to the Committee on Transportation.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5446, entitled

A bill to regulate the use and enforceability of certain loan covenants in nonrecourse commercial loan transactions in this state.

Rep. Stamas moved that the bill be referred to the Committee on Banking and Financial Services.

The motion prevailed.

Pending the Second Reading of

House Bill No. 4236, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 48.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5348, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 55g.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 4461, entitled

A bill to regulate political activity; to regulate certain candidates for elective office and state and local officials; to require financial statements and reports; to prescribe the powers and duties of certain state and local governmental officers and agencies; to impose fees; to prescribe penalties and civil sanctions; and to provide remedies.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5349, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 55a.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5350, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 55b.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5351, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 55c.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5352, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 55d.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5353, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 55f.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5354, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 54 (MCL 169.254), as amended by 1995 PA 264.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5355, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 33 (MCL 169.233), as amended by 1999 PA 238.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5356, entitled

A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 6a (MCL 4.416a), as added by 1994 PA 383.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5357, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 57a.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5358, entitled

A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” (MCL 4.411 to 4.431) by adding section 11a.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

House Bill No. 5359, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 264a.

(The bill was read a second time, amended and postponed temporarily on March 22, see House Journal No. 31, p. 464.)

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5360, entitled

A bill to amend 1968 PA 318, entitled “An act to implement the provisions of section 10 of article 4 of the constitution relating to substantial conflicts of interest on the part of members of the legislature and state officers in respect to contracts with the state and the political subdivisions thereof; to provide for penalties for the violation thereof; to repeal all acts and parts of acts in conflict with this act; and to validate certain contracts,” by amending the title and section 2 (MCL 15.302).

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5361, entitled

A bill to establish standards of ethical conduct for employees and officials in the executive branch of state government; to impose certain conditions on employees and officials in the executive branch of state government and enhance accountability; to require public disclosure by employees and officials in the executive branch of state government of certain transactions; to require the filing of a transactional disclosure statement and other reports; to create a board of ethics and provide for its power and duties; to prohibit persons from attempting to induce executive branch officials and employees to violate this act; to provide for the powers and duties of certain state and local governmental officers and entities; to require the promulgation of rules; to provide for enforcement; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.

Rep. Stamas moved that the bill be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

Pending the Second Reading of

House Joint Resolution NN, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 11 to article II, to add accountability and disclosure of corporate political and lobbying activity.

Rep. Stamas moved that the joint resolution be re-referred to the Committee on Redistricting and Elections.

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4803, entitled

A bill to authorize the state administrative board to transfer or convey a certain parcel of state-owned property of approximately 6 acres in Wayne county; to prescribe conditions for the transfer or conveyance; to create a state fairgrounds sale advisory committee; to provide for certain powers and duties of certain state departments and agencies in regard to the property; to provide for disposition of revenue derived from the conveyance of the property; and to provide for the disposal of fixtures and equipment on the property.

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

The Senate has passed the bill by a 2/3 vote 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. Stamas 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, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 168 Yeas—103

Agema Genetski Lindberg Rendon

Ananich Gilbert Lipton Rogers

Barnett Glardon Liss Rutledge

Bauer Goike Lori Santana

Bledsoe Graves Lund Schmidt, R.

Bolger Greimel Lyons Schmidt, W.

Brown Haines MacGregor Segal

Brunner Hammel MacMaster Shaughnessy

Bumstead Haugh McBroom Shirkey

Byrum Haveman McCann Slavens

Callton Heise Meadows Smiley

Cavanagh Horn Moss Somerville

Clemente Hovey-Wright Muxlow Stallworth

Constan Howze Nathan Stamas

Cotter Hughes O’Brien Stanley

Crawford Huuki Oakes Stapleton

Damrow Irwin Olson Switalski

Darany Jackson Olumba Talabi

Denby Jacobsen Opsommer Tlaib

Dillon Jenkins Ouimet Townsend

Durhal Kandrevas Outman Tyler

Farrington Kowall Pettalia Walsh

Forlini Kurtz Poleski Womack

Foster LaFontaine Potvin Yonker

Franz Lane Price Zorn

Geiss LeBlanc Pscholka

Nays—6

Daley Johnson McMillin Nesbitt

Hooker Knollenberg

In The Chair: Walsh

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

The question being on the motion made by Rep. Stamas,

Rep. Segal demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Stamas,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 169 Yeas—49

Ananich Foster LeBlanc Schmidt, R.

Barnett Geiss Lindberg Segal

Bauer Greimel Lipton Slavens

Bledsoe Hammel Liss Smiley

Brown Haugh McBroom Stallworth

Brunner Hovey-Wright McCann Stanley

Byrum Howze Meadows Stapleton

Cavanagh Huuki Nathan Switalski

Clemente Irwin Oakes Talabi

Constan Jackson Olumba Tlaib

Darany Kandrevas Rutledge Townsend

Dillon Lane Santana Womack

Durhal

Nays—60

Agema Goike Lori Poleski

Bolger Graves Lund Potvin

Bumstead Haines Lyons Price

Callton Haveman MacGregor Pscholka

Cotter Heise MacMaster Rendon

Crawford Hooker McMillin Rogers

Daley Horn Moss Schmidt, W.

Damrow Hughes Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Franz Knollenberg Opsommer Tyler

Genetski Kowall Ouimet Walsh

Gilbert Kurtz Outman Yonker

Glardon LaFontaine Pettalia Zorn

In The Chair: Walsh

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

The question being on the motion made by Rep. Stamas,

Rep. Stamas moved that consideration of the bill be postponed temporarily.

The motion prevailed.

House Bill No. 5011, entitled

A bill to amend 1972 PA 230, entitled “An act to create a construction code commission and prescribe its functions; to authorize the director to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to establish penalties, remedies, and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation,” by amending section 2a (MCL 125.1502a), as added by 1999 PA 245, and by adding section 9.

The Senate has amended the bill as follows:

1. Amend page 7, line 20, after “SEC. 9.” by inserting “(1)”.

2. Amend page 8, following line 24, by inserting:

(2) UNLESS THE GOVERNMENTAL SUBDIVISION HAS A CONFLICT OF INTEREST ORDINANCE THAT APPLIES TO A CONTRACT UNDER SUBSECTION (1), SUCH A CONTRACT ENTERED INTO OR RENEWED AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION SHALL INCLUDE OR INCORPORATE BY REFERENCE CONFLICT OF INTEREST PROVISIONS.”.

The Senate has passed the bill as amended.

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

Rep. Stamas moved that Rule 42 be suspended.

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

The question being on concurring in the amendments made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 170 Yeas—78

Agema Gilbert LeBlanc Poleski

Ananich Glardon Liss Potvin

Bledsoe Goike Lori Price

Bolger Graves Lund Pscholka

Bumstead Haines Lyons Rendon

Byrum Haugh MacGregor Rogers

Callton Haveman MacMaster Rutledge

Cavanagh Heise McBroom Schmidt, R.

Constan Hooker McCann Schmidt, W.

Cotter Horn McMillin Shaughnessy

Crawford Hughes Moss Shirkey

Daley Huuki Muxlow Slavens

Damrow Jacobsen Nesbitt Somerville

Denby Jenkins O’Brien Stamas

Dillon Johnson Olson Townsend

Farrington Knollenberg Opsommer Tyler

Forlini Kowall Ouimet Walsh

Foster Kurtz Outman Yonker

Franz LaFontaine Pettalia Zorn

Genetski Lane

Nays—31

Barnett Greimel Lipton Stallworth

Bauer Hammel Meadows Stanley

Brown Hovey-Wright Nathan Stapleton

Brunner Howze Oakes Switalski

Clemente Irwin Olumba Talabi

Darany Jackson Santana Tlaib

Durhal Kandrevas Segal Womack

Geiss Lindberg Smiley

In The Chair: Walsh

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

The House returned to the consideration of

House Bill No. 4803, entitled

A bill to authorize the state administrative board to transfer or convey a certain parcel of state-owned property of approximately 6 acres in Wayne county; to prescribe conditions for the transfer or conveyance; to create a state fairgrounds sale advisory committee; to provide for certain powers and duties of certain state departments and agencies in regard to the property; to provide for disposition of revenue derived from the conveyance of the property; and to provide for the disposal of fixtures and equipment on the property.

(The bill was considered earlier today, see today’s Journal, p. 555.)

The question being on the motion made previously by Rep. Stamas,

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

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

______

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

Motions and Resolutions

Rep. Stamas moved that when the House adjourns today it stand adjourned until Tuesday, April 17, at 1:30 p.m.

The motion prevailed.

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, March 29:

Senate Bill Nos. 1049 1050 1051 1052

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

Senate Bill Nos. 135 429 430

Messages from the Senate

House Bill No. 4843, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 70.

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. 5210, entitled

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

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. 5211, entitled

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

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. 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.

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 Concurrent Resolution No. 52.

A concurrent resolution prescribing the legislative schedule.

(For text of resolution, see today’s Journal, p. 523.)

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

Senate Bill No. 135, entitled

A bill to amend 1990 PA 211, entitled “The parental rights restoration act,” by amending sections 3 and 4 (MCL 722.903 and 722.904).

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. 429, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2212c.

The Senate has passed the bill.

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

Senate Bill No. 430, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 402d.

The Senate has passed the bill.

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

______

Rep. Pscholka moved that the House adjourn.

The motion prevailed, the time being 3:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, April 17, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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520 JOURNAL OF THE HOUSE [March 29, 2012] [No. 34

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