No. 43

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Thursday, May 3, 2012.

12:00 Noon.

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

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

Agema—present 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—excused

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—present 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. Peter Pettalia, from the 106th District, offered the following invocation:

“Presidents from Washington to present day have recognized a day of prayer, today is that day.

Dear heavenly Father, One Who has created life, grant this body wisdom and patience, so that we may work together for the common goal of this great state of Michigan and our great nation of the United States of America.

As we work together on our daily chores, please give us the wisdom to make the right decision, to not harm our fellow man, but to enhance their lives.

The decisions we make here, must be collective to help us move forward during these trying times.

Those of us that serve, serve with full intentions to do well.

Lord, let us not forget the soldiers that put their life on the line, so that we may be here today, practicing the freedom they protect.

May we wake each day, as citizen legislators, with the collective patience, knowledge, and virtue to guide the state of Michigan forward and do good for our fellow man.

Please heavenly Father bless us today as we continue to move Michigan forward,

And all of Gods children said, Amen.”

______

The Speaker assumed the Chair.

______

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

The motion prevailed.

Motions and Resolutions

Reps. Goike, Barnett, Bauer, Brown, Byrum, Constan, Cotter, Crawford, Daley, Darany, Durhal, Heise, Hooker, Horn, Knollenberg, LeBlanc, Liss, Poleski, Slavens, Talabi and Tyler offered the following resolution:

House Resolution No. 252.

A resolution to declare May 3, 2012, as Community College Day in the state of Michigan.

Whereas, The first Michigan two-year college, Grand Rapids Junior College, opened in 1914 and provided high school graduates with two years of general education classes preparing them for future education or workforce experience; and

Whereas, Twenty-seven additional community colleges have been established throughout the state of Michigan since 1914. The community colleges of Michigan include Alpena Community College, Bay College, Delta College, Glen Oaks Community College, Gogebic Community College, Grand Rapids Community College, Henry Ford Community College, Jackson Community College, Kalamazoo Valley Community College, Kellogg Community College, Kirtland Community College, Lake Michigan Community College, Lansing Community College, Macomb Community College, Mid Michigan Community College, Monroe County Community College, Montcalm Community College, Mott Community College, Muskegon Community College, North Central Community College, Northwestern Michigan College, Oakland Community College, St. Clair County Community College, Schoolcraft College, Southwestern Michigan College, Washtenaw Community College, Wayne County Community College District, and West Shore Community College. These institutions educate nearly half a million students each year; and

Whereas, Michigan community colleges have developed and evolved their educational offerings to include state-of-the-art technical and vocational programs while maintaining high academic standards; and

Whereas, Our state’s community colleges are now recognized as leaders in workforce preparation, training, and retraining, as well as offering community services and cultural opportunities to Michigan communities; and

Whereas, Students investing in a Michigan community college education enjoy an attractive return on investment because of future earning capacity; and

Whereas, The role community colleges play in Michigan’s economic development continues to be more vital as our state’s workforce looks to compete both nationally and globally for the jobs of tomorrow; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 3, 2012, as Community College Day in the state of Michigan. We urge appropriate observance of this occasion; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Community College Association members as a token of our appreciation

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Lyons, Foster, O’Brien, Barnett, Brown, Byrum, Constan, Cotter, Crawford, Daley, Darany, Durhal, Heise, Hooker, Horn, Knollenberg, LeBlanc, Liss, Poleski, Slavens, Talabi and Tyler offered the following resolution:

House Resolution No. 253.

A resolution to declare May 21-27, 2012, as AMBER Alert Awareness Week in the state of Michigan.

Whereas, Michigan AMBER Alert was launched in 2001 through a public private partnership between the Michigan Association of Broadcasters, Michigan State Police, Michigan Chiefs of Police, The Michigan Sheriffs Association and the Michigan Department of Transportation to locate and recover missing and endangered children within the state; and

Whereas, The Michigan AMBER Alert program was the first in the nation to develop a statewide AMBER Alert system utilizing the eyes and ears of millions of people listening to radio, watching television or viewing MDOTs electronic message boards to successfully recover 315 abducted and endangered children since its inception; and

Whereas, The Michigan State Police and local law enforcement agencies have teamed with Michigan’s broadcasters and other state and local organizations to form an intricate network, one of the best and most comprehensive in the nation, utilizing the latest alerting technology to provide immediate information to the public during an active AMBER Alert; and

Whereas, The Legislature, on behalf of the citizens of the state of Michigan, recognize the important contributions made by the partners and the support of the Michigan AMBER Alert Foundation which has the purpose of helping to fund AMBER Alert in Michigan through the generosity of corporate donors and grants without state funding; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 21-27, 2012, as AMBER Alert Awareness Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Oakes, Haveman, Heise, Lipton, Tlaib, Cotter, Slavens, Bledsoe, Irwin, Stallworth, Rutledge, Lane, Liss, Bauer, Olumba, Hobbs, Santana, Daley, Brunner, Walsh, Meadows, Brown, Barnett, Constan, Darany, Durhal and Talabi offered the following resolution:

House Resolution No. 254.

A resolution to declare May 2012 as Criminal Consequence Awareness Month in the state of Michigan.

Whereas, A criminal record can have a devastating impact on a person’s ability to earn a livelihood and often is unable to be expunged; and

Whereas, Those who engage in criminal activity often fail to realize that there are often unforeseen and very severe consequences to their actions; and

Whereas, There are also many collateral consequences as a result of engaging in criminal behavior including loss or restriction of a professional license, ineligibility for public funds including welfare benefits and student loans, loss of voting rights, ineligibility for jury duty, and deportation for immigrants, including those who, while not U.S. citizens, hold permanent resident status; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 2012 as Criminal Consequence Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Speaker laid before the House

Senate Concurrent Resolution No. 28.

A concurrent resolution to memorialize Congress to fund the Facility for Rare Isotope Beams (FRIB) at Michigan State University to its full scheduled appropriation level.

(For text of concurrent resolution, see House Journal No. 31, p. 473.)

(The concurrent resolution was reported by the Committee on Energy and Technology on April 17.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

______

The Speaker called Associate Speaker Pro Tempore O’Brien to the Chair.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5365, entitled

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

(The bill was received from the Senate on May 2, with substitute (S-1), consideration of which, under the rules, was postponed until today, see House Journal No. 42, p. 733.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 237 Yeas—0

Nays—109

Agema Gilbert Lane Potvin

Ananich Glardon LeBlanc Price

Barnett Goike 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 Hooker McCann Shirkey

Clemente Horn McMillin Slavens

Constan Hovey-Wright Meadows Smiley

Cotter Howze Moss Somerville

Crawford Hughes Muxlow Stamas

Daley Huuki Nathan Stanley

Damrow Irwin Nesbitt Stapleton

Darany Jackson O’Brien Switalski

Denby Jacobsen Oakes Talabi

Dillon Jenkins Olson Tlaib

Durhal Johnson Olumba Townsend

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Womack

Franz Kurtz Pettalia Yonker

Geiss LaFontaine Poleski Zorn

Genetski

In The Chair: O’Brien

The Speaker laid before the House

House Bill No. 5372, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11g, 11j, 11k, 11m, 12, 15, 18, 18c, 19, 20, 20d, 22a, 22b, 22d, 22f, 24, 24a, 24c, 25, 26a, 26b, 31a, 31d, 31f, 32b, 32d, 32j, 39, 39a, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 93, 94a, 98, 99, 101, 104, 107, 147, 147a, 152a, 201, 201a, 202, 203, 204, 206, 207, 208, 209, 210a, 211, 212, 213, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 236, 236a, 237, 238, 239, 239a, 241, 242, 243, 244, 245, 251, 252, 253, 254, 255, 256, 257, 258, 261, 263, 263a, 264, 265, 267, 268, 269, 270, 270a, 273, 274, 274a, 275, 275a, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 289, 290, and 291 (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1612, 388.1615, 388.1618, 388.1618c, 388.1619, 388.1620, 388.1620d, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1624, 388.1624a, 388.1624c, 388.1625, 388.1626a, 388.1626b, 388.1631a, 388.1631d, 388.1631f, 388.1632b, 388.1632d, 388.1632j, 388.1639, 388.1639a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1693, 388.1694a, 388.1698, 388.1699, 388.1701, 388.1704, 388.1707, 388.1747, 388.1747a, 388.1752a, 388.1801, 388.1801a, 388.1802, 388.1803, 388.1804, 388.1806, 388.1807, 388.1808, 388.1809, 388.1810a, 388.1811, 388.1812, 388.1813, 388.1816, 388.1817, 388.1818, 388.1819, 388.1820, 388.1821, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1827, 388.1828, 388.1829, 388.1836, 388.1836a, 388.1837, 388.1838, 388.1839, 388.1839a, 388.1841, 388.1842, 388.1843, 388.1844, 388.1845, 388.1851, 388.1852, 388.1853, 388.1854, 388.1855, 388.1856, 388.1857, 388.1858, 388.1861, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1867, 388.1868, 388.1869, 388.1870, 388.1870a, 388.1873, 388.1874, 388.1874a, 388.1875, 388.1875a, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1885, 388.1886, 388.1889, 388.1890, and 388.1891), sections 3, 19, and 101 as amended by 2010 PA 110, section 4 as amended by 2008 PA 268, sections 6, 11, 11a, 11m, 22a, 22b, 24a, 24c, 26b, 51a, 51c, 74, and 104 as amended by 2012 PA 29, sections 11g, 11k, 15, 18, 20, 20d, 22d, 24, 31a, 32b, 32d, 32j, 39, 39a, 51d, 54, 56, 61a, 81, 93, 94a, 98, 99, 107, 147, and 152a as amended and sections 12, 22f, 147a, 201, 201a, 202, 203, 204, 206, 207, 208, 209, 210a, 211, 212, 213, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 236, 236a, 237, 238, 239, 239a, 241, 242, 243, 244, 245, 251, 252, 253, 254, 255, 256, 257, 258, 261, 263, 263a, 264, 265, 267, 268, 269, 270, 270a, 273, 274, 274a, 275, 275a, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 289, 290, and 291 as added by 2011 PA 62, sections 11j, 26a, 31d, 31f, 53a, and 62 as amended by 2011 PA 299, section 18c as added by 2000 PA 297, and section 25 as amended by 2011 PA 322, and by adding sections 22g, 22i, 95, 229a, 236b, 237b, 246, 260, 265a, 273a, and 293a; and to repeal acts and parts of acts.

(The bill was received from the Senate on May 2, with substitute (S-1) and title amendment, consideration of which, under the rules, was postponed until today, see House Journal No. 42, p. 733.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 238 Yeas—0

Nays—109

Agema Gilbert Lane Potvin

Ananich Glardon LeBlanc Price

Barnett Goike 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 Hooker McCann Shirkey

Clemente Horn McMillin Slavens

Constan Hovey-Wright Meadows Smiley

Cotter Howze Moss Somerville

Crawford Hughes Muxlow Stamas

Daley Huuki Nathan Stanley

Damrow Irwin Nesbitt Stapleton

Darany Jackson O’Brien Switalski

Denby Jacobsen Oakes Talabi

Dillon Jenkins Olson Tlaib

Durhal Johnson Olumba Townsend

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Womack

Franz Kurtz Pettalia Yonker

Geiss LaFontaine Poleski Zorn

Genetski

In The Chair: O’Brien

Third Reading of Bills

House Bill No. 5296, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending sections 5 and 35a (MCL 117.5 and 117.35a), section 5 as amended by 2011 PA 133 and section 35a as amended by 2001 PA 173.

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

Roll Call No. 239 Yeas—90

Ananich Glardon LeBlanc Rendon

Barnett Goike Lindberg Rogers

Bauer Graves Lipton Rutledge

Bledsoe Greimel Liss Santana

Bolger Haines Lori Schmidt, R.

Brown Hammel Lund Schmidt, W.

Brunner Haugh Lyons Segal

Byrum Haveman McCann Shaughnessy

Cavanagh Heise Meadows Slavens

Clemente Hobbs Moss Smiley

Constan Horn Muxlow Stamas

Crawford Hovey-Wright Nathan Stanley

Daley Howze Oakes Stapleton

Damrow Hughes Olson Switalski

Darany Irwin Olumba Talabi

Denby Jackson Opsommer Tlaib

Dillon Jacobsen Ouimet Townsend

Durhal Jenkins Outman Tyler

Farrington Kandrevas Pettalia Walsh

Forlini Kowall Poleski Womack

Franz Kurtz Potvin Yonker

Geiss LaFontaine Price Zorn

Gilbert Lane

Nays—19

Agema Genetski MacGregor O’Brien

Bumstead Hooker MacMaster Pscholka

Callton Huuki McBroom Shirkey

Cotter Johnson McMillin Somerville

Foster Knollenberg Nesbitt

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

House Bill No. 5328, entitled

A bill to amend 1996 PA 305, entitled “Acknowledgment of parentage act,” by amending section 7 (MCL 722.1007), as amended by 2006 PA 105; and to repeal acts and parts of acts.

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

Roll Call No. 240 Yeas—104

Agema Geiss Kurtz Potvin

Ananich Genetski LaFontaine Price

Barnett Gilbert Lane Pscholka

Bauer Glardon LeBlanc Rendon

Bledsoe Goike Lindberg Rogers

Bolger Graves Lipton Rutledge

Brown Greimel Liss Schmidt, R.

Brunner Haines Lori Schmidt, W.

Bumstead Hammel Lund Segal

Byrum Haugh Lyons Shaughnessy

Callton Haveman MacGregor Shirkey

Cavanagh Heise MacMaster Slavens

Clemente Hobbs McCann Smiley

Constan Horn Meadows Somerville

Cotter Hovey-Wright Moss Stamas

Crawford Howze Muxlow Stanley

Daley Hughes Nathan Stapleton

Damrow Huuki Nesbitt Switalski

Darany Irwin O’Brien Talabi

Denby Jackson Oakes Tlaib

Dillon Jacobsen Olson Townsend

Durhal Jenkins Olumba Tyler

Farrington Johnson Ouimet Walsh

Forlini Kandrevas Outman Womack

Foster Knollenberg Pettalia Yonker

Franz Kowall Poleski Zorn

Nays—5

Hooker McMillin Opsommer Santana

McBroom

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

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:

Madam Speaker,

I voted ‘no’ on this bill package with mixed emotions. There is certainly a problem in our society that these bills address. Confusion and outright fraud in regard to paternity is a growing problem in our state and needs to be dealt with. It is unfortunate that we address this societal problem at its expression rather than its source: the continuing erosion of the sanctity of the marriage relationship and its special role in raising children.

It is because I fear that these bills forget about the special, lawful privileges marriage has always enjoyed I must vote ‘no.’ These privileges are in place because history has always displayed the value of marriage and its causal relationship to strong families constructed on that foundation. The possibility that a lawful husband would need to defend his right to shield a child he takes for his own from the biological father that participated in violating the marriage lowers, rather than elevates marriage. It is because of this I have voted ‘no.’ These bills could have provided the relief and guidance necessary to deal with this ill without lowering marriage. A hedge around the marriage relationship, that recognizes its preeminence, should have been included and hopefully will be before the conclusion of this issue. Thank you.”

House Bill No. 5329, entitled

A bill to amend 1956 PA 205, entitled “The paternity act,” by amending section 10 (MCL 722.720), as amended by 2001 PA 109.

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

Roll Call No. 241 Yeas—105

Agema Genetski LaFontaine Price

Ananich Gilbert Lane Pscholka

Barnett Glardon LeBlanc Rendon

Bauer Goike Lindberg Rogers

Bledsoe Graves Lipton Rutledge

Bolger Greimel Liss Santana

Brown Haines Lori Schmidt, R.

Brunner Hammel Lund Schmidt, W.

Bumstead Haugh Lyons Segal

Byrum Haveman MacGregor Shaughnessy

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McCann Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stamas

Crawford Hughes Nathan Stanley

Daley Huuki Nesbitt Stapleton

Damrow Irwin O’Brien Switalski

Darany Jackson Oakes Talabi

Denby Jacobsen Olson Tlaib

Dillon Jenkins Olumba Townsend

Durhal Johnson Ouimet Tyler

Farrington Kandrevas Outman Walsh

Forlini Knollenberg Pettalia Womack

Foster Kowall Poleski Yonker

Franz Kurtz Potvin Zorn

Geiss

Nays—4

Hooker McBroom McMillin Opsommer

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

______

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:

Madam Speaker,

I voted ‘no’ on this bill package with mixed emotions. There is certainly a problem in our society that these bills address. Confusion and outright fraud in regard to paternity is a growing problem in our state and needs to be dealt with. It is unfortunate that we address this societal problem at its expression rather than its source: the continuing erosion of the sanctity of the marriage relationship and its special role in raising children.

It is because I fear that these bills forget about the special, lawful privileges marriage has always enjoyed I must vote ‘no.’ These privileges are in place because history has always displayed the value of marriage and its causal relationship to strong families constructed on that foundation. The possibility that a lawful husband would need to defend his right to shield a child he takes for his own from the biological father that participated in violating the marriage lowers, rather than elevates marriage. It is because of this I have voted ‘no.’ These bills could have provided the relief and guidance necessary to deal with this ill without lowering marriage. A hedge around the marriage relationship, that recognizes its preeminence, should have been included and hopefully will be before the conclusion of this issue. Thank you.”

House Bill No. 4834, entitled

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

Was read a third time and passed, 3/4 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 242 Yeas—87

Agema Gilbert LaFontaine Poleski

Barnett Glardon Lane Potvin

Bauer Goike LeBlanc Price

Bolger Graves Liss Pscholka

Brunner Greimel Lori Rendon

Bumstead Haines Lund Rogers

Byrum Haugh Lyons Schmidt, R.

Callton Haveman MacGregor Schmidt, W.

Cavanagh Heise MacMaster Segal

Clemente Hooker McBroom Shaughnessy

Constan Horn McMillin Shirkey

Cotter Hovey-Wright Meadows Smiley

Crawford Hughes Moss Somerville

Daley Huuki Muxlow Stamas

Damrow Jackson Nesbitt Switalski

Darany Jacobsen O’Brien Townsend

Denby Jenkins Oakes Tyler

Farrington Johnson Olson Walsh

Forlini Kandrevas Opsommer Womack

Foster Knollenberg Ouimet Yonker

Franz Kowall Outman Zorn

Genetski Kurtz Pettalia

Nays—22

Ananich Hammel McCann Slavens

Bledsoe Hobbs Nathan Stanley

Brown Howze Olumba Stapleton

Dillon Irwin Rutledge Talabi

Durhal Lindberg Santana Tlaib

Geiss Lipton

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

House Bill No. 4851, entitled

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

Was read a third time and passed, 3/4 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 243 Yeas—105

Agema Gilbert LeBlanc Potvin

Ananich Glardon Lindberg Price

Barnett Goike Lipton Pscholka

Bauer Graves Liss Rendon

Bledsoe Greimel Lori Rogers

Bolger Haines Lund Rutledge

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Segal

Byrum Hobbs McBroom Shaughnessy

Callton Hooker McCann Shirkey

Cavanagh Horn McMillin Slavens

Clemente Hovey-Wright Meadows Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stamas

Crawford Huuki Nathan Stanley

Daley Jackson Nesbitt Stapleton

Damrow Jacobsen O’Brien Switalski

Darany Jenkins Oakes Talabi

Denby Johnson Olson Tlaib

Dillon Kandrevas Olumba Townsend

Durhal Knollenberg Opsommer Tyler

Farrington Kowall Ouimet Walsh

Forlini Kurtz Outman Womack

Foster LaFontaine Pettalia Yonker

Franz Lane Poleski Zorn

Genetski

Nays—4

Geiss Hammel Irwin Santana

In The Chair: O’Brien

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 2008 IL 1, entitled “Michigan medical marihuana act,” by amending sections 3 and 8 (MCL 333.26423 and 333.26428).

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 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.

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

Roll Call No. 244 Yeas—100

Agema Genetski Lane Potvin

Ananich Gilbert LeBlanc Price

Barnett Glardon Lindberg Pscholka

Bauer Goike Liss Rendon

Bledsoe Graves Lori Rogers

Bolger Greimel Lund Rutledge

Brown Haines 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 Hughes Muxlow Stamas

Crawford Huuki Nathan Stanley

Daley Jackson Nesbitt Stapleton

Damrow Jacobsen O’Brien Switalski

Darany Jenkins Oakes Tlaib

Denby Johnson Olson Townsend

Dillon Kandrevas Opsommer Tyler

Farrington Knollenberg Ouimet Walsh

Forlini Kowall Outman Womack

Foster Kurtz Pettalia Yonker

Franz LaFontaine Poleski Zorn

Nays—9

Durhal Howze Lipton Santana

Geiss Irwin Olumba Talabi

Hammel

In The Chair: O’Brien

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 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2011 PA 87.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 4856, entitled

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

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

Roll Call No. 245 Yeas—93

Agema Glardon LaFontaine Pettalia

Barnett Goike Lane Poleski

Bauer Graves LeBlanc Potvin

Bledsoe Greimel Lindberg Price

Bolger Haines Liss Pscholka

Brunner Haugh Lori Rendon

Bumstead Haveman Lund Rogers

Byrum Heise Lyons Rutledge

Callton Hobbs MacGregor Schmidt, W.

Cavanagh Hooker MacMaster Segal

Clemente Horn McBroom Shaughnessy

Constan Hovey-Wright McMillin Shirkey

Cotter Howze Meadows Slavens

Crawford Hughes Moss Smiley

Daley Huuki Muxlow Somerville

Damrow Jackson Nathan Stamas

Darany Jacobsen Nesbitt Switalski

Denby Jenkins O’Brien Townsend

Farrington Johnson Oakes Tyler

Forlini Kandrevas Olson Walsh

Foster Knollenberg Opsommer Womack

Franz Kowall Ouimet Yonker

Genetski Kurtz Outman Zorn

Gilbert

Nays—16

Ananich Geiss McCann Stanley

Brown Hammel Olumba Stapleton

Dillon Irwin Santana Talabi

Durhal Lipton Schmidt, R. Tlaib

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

Rep. Geiss moved that his name be removed as co‑sponsor of the bill.

The motion prevailed.

House Bill No. 4718, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16626.

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

Roll Call No. 246 Yeas—109

Agema Gilbert Lane Potvin

Ananich Glardon LeBlanc Price

Barnett Goike 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 Hooker McCann Shirkey

Clemente Horn McMillin Slavens

Constan Hovey-Wright Meadows Smiley

Cotter Howze Moss Somerville

Crawford Hughes Muxlow Stamas

Daley Huuki Nathan Stanley

Damrow Irwin Nesbitt Stapleton

Darany Jackson O’Brien Switalski

Denby Jacobsen Oakes Talabi

Dillon Jenkins Olson Tlaib

Durhal Johnson Olumba Townsend

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Womack

Franz Kurtz Pettalia Yonker

Geiss LaFontaine Poleski Zorn

Genetski

Nays—0

In The Chair: O’Brien

The House agreed to the title of the bill.

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

Roll Call No. 247 Yeas—108

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shaughnessy

Clemente Hooker McCann Shirkey

Constan Horn McMillin Slavens

Cotter Hovey-Wright Meadows Smiley

Crawford Howze Moss Somerville

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Switalski

Denby Jackson O’Brien Talabi

Dillon Jacobsen Oakes Tlaib

Durhal Jenkins Olson Townsend

Farrington Johnson Olumba Tyler

Forlini Kandrevas Opsommer Walsh

Foster Knollenberg Ouimet Womack

Franz Kowall Outman Yonker

Geiss Kurtz Pettalia Zorn

Nays—1

Stapleton

In The Chair: O’Brien

House Bill No. 5468, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending sections 102, 401a, 401b, 401c, and 401d (MCL 484.1102, 484.1401a, 484.1401b, 484.1401c, and 484.1401d), section 102 as amended and sections 401c and 401d as added by 2007 PA 164 and sections 401a and 401b as amended by 2008 PA 379.

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

Roll Call No. 248 Yeas—106

Ananich Gilbert Lindberg Price

Barnett Glardon Lipton Pscholka

Bauer Graves Liss Rendon

Bledsoe Greimel Lori Rogers

Bolger Haines Lund Rutledge

Brown Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Cavanagh Hooker McMillin Shirkey

Clemente Horn Meadows Slavens

Constan Hovey-Wright Moss Smiley

Cotter Howze Muxlow Somerville

Crawford Hughes Nathan 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 Lane Potvin Zorn

Genetski LeBlanc

Nays—3

Agema Goike LaFontaine

In The Chair: O’Brien

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 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending sections 102, 401a, 401b, 401c, 401d, and 717 (MCL 484.1102, 484.1401a, 484.1401b, 484.1401c, 484.1401d, and 484.1717), section 102 as amended and sections 401c and 401d as added by 2007 PA 164 and sections 401a, 401b, and 717 as amended by 2008 PA 379.

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.

Senate Bill No. 1064, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” (MCL 125.3101 to 125.3702) by adding section 3514.

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

Roll Call No. 249 Yeas—104

Agema Glardon Lane Potvin

Ananich Goike LeBlanc Price

Bauer Graves Lindberg Pscholka

Bledsoe Greimel Lipton Rendon

Bolger Haines Liss Rogers

Brown Hammel Lori Rutledge

Brunner Haugh Lund Santana

Bumstead Haveman Lyons Schmidt, R.

Byrum Heise MacGregor Schmidt, W.

Callton Hobbs MacMaster Segal

Clemente Hooker McBroom Shaughnessy

Constan Horn McCann Shirkey

Crawford Hovey-Wright Meadows Slavens

Daley Howze Moss Smiley

Damrow Hughes Muxlow Somerville

Darany Huuki Nathan Stamas

Denby Irwin Nesbitt Stanley

Dillon Jackson O’Brien Stapleton

Durhal Jacobsen Oakes Switalski

Farrington Jenkins Olson Talabi

Forlini Johnson Olumba Tlaib

Foster Kandrevas Opsommer Townsend

Franz Knollenberg Ouimet Walsh

Geiss Kowall Outman Womack

Genetski Kurtz Pettalia Yonker

Gilbert LaFontaine Poleski Zorn

Nays—5

Barnett Cotter McMillin Tyler

Cavanagh

In The Chair: O’Brien

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

“An act to codify the laws regarding local units of government regulating the development and use of land; to provide for the adoption of zoning ordinances; to provide for the establishment in counties, townships, cities, and villages of zoning districts; to prescribe the powers and duties of certain officials; to provide for the assessment and collection of fees; to authorize the issuance of bonds and notes; to prescribe penalties and provide remedies; and to repeal 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.

Second Reading of Bills

Senate Bill No. 768, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 411w.

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

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. 769, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2010 PA 278.

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

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 3, for his approval of the following bills:

Enrolled House Bill No. 5057 at 1:35 p.m.

Enrolled House Bill No. 5178 at 1:37 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, May 3:

House Bill No. 5591

Senate Bill No. 1109

The Clerk announced that the following Senate bills had been received on Thursday, May 3:

Senate Bill Nos. 21 315 316 802

Reports of Standing Committees

The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported

House Bill No. 5573, entitled

A bill to amend 1947 PA 359, entitled “The charter township act,” by amending section 13a (MCL 42.13a), as added by 2006 PA 596.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 3, 2012

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

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

House Bill No. 4591, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5k and 5o (MCL 28.425k and 28.425o), section 5k as added by 2000 PA 381 and section 5o as amended by 2008 PA 407.

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. 5322, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40111 and 81133 (MCL 324.40111 and 324.81133), section 40111 as added by 1995 PA 57 and section 81133 as amended by 2008 PA 365.

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

1. Amend page 2, line 1, after “POSSESS” by striking out “A LOADED” and inserting “AN UNLOADED”.

The bill and amendment 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, Irwin and Cavanagh

Nays: None

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

House Bill No. 5562, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2008 PA 577, and by adding section 136d.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 5563, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2008 PA 521.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 3, 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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 3, 2012

Present: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Graves, Liss, Darany, Segal, Womack, Hovey-Wright and Greimel

Absent: Rep. Stallworth

Excused: Rep. Stallworth

Messages from the Senate

House Bill No. 5186, entitled

A bill to authorize the state administrative board to accept and convey certain parcels of property in Branch county; to prescribe certain conditions for the acceptance and conveyance of those parcels; and to provide for disposition of certain revenue.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 4563, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” (MCL 567.221 to 567.265) by adding section 37a.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 4593, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 21A.

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

The Senate has passed the bill as substituted (S-1) and amended the title to read as follows:

A bill to amend 1956 PA 218, entitled “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,” (MCL 500.100 to 500.8302) by adding sections 2159 and 2161.

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

House Bill No. 4594, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding sections 2153 and 2156.

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

The Senate has passed the bill as substituted (S-1) and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 4595, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2154.

The Senate has amended the bill as follows:

1. Amend page 2, following line 9, by inserting:

(H) PREDATORY LENDING RESULTING IN THE FORECLOSURE OF, OR COMMENCEMENT OF PROCEEDINGS OR AN ACTION TO FORECLOSE, A MORTGAGE OF REAL PROPERTY OWNED BY THE INSURED OR INSURANCE APPLICANT.” and renumbering the remaining subdivision.

2. Amend page 3, line 12, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 96th Legislature are enacted into law:

(a) Senate Bill No. 300.

(b) House Bill No. 4593.

(c) House Bill No. 4594.

(d) House Bill No. 4596.”.

The Senate has passed the bill as amended and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 4596, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2157.

The Senate has amended the bill as follows:

1. Amend page 2, line 4, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 96th Legislature are enacted into law:

(a) Senate Bill No. 300.

(b) House Bill No. 4593.

(c) House Bill No. 4594.

(d) House Bill No. 4595.”.

The Senate has passed the bill as amended and pursuant to Joint Rule 20, inserted the full title.

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

Senate Bill No. 21, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 447.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Oversight, Reform, and Ethics.

Senate Bill No. 315, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1147 (MCL 380.1147).

The Senate has passed the bill.

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

Senate Bill No. 316, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2012 PA 29.

The Senate has passed the bill.

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

Senate Bill No. 802, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 373.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Oversight, Reform, and Ethics.

Messages from the Governor

Date: May 1, 2012

Time: 9:18 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4346 (Public Act No. 117, I.E.), being

An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 6 (MCL 205.96), as amended by 2004 PA 172.

(Filed with the Secretary of State May 2, 2012, at 1:38 p.m.)

Date: May 1, 2012

Time: 9:10 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4751 (Public Act No. 119, I.E.), being

An act to amend 1972 PA 344, entitled “An act to permit producers of agriculture commodities to be represented by associations; to create an agricultural marketing and bargaining board; to provide for the accreditation of associations; to establish obligations on the part of handlers and associations; to provide for arbitration; to define unfair practices; and to prescribe penalties,” by amending sections 2, 2a, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 (MCL 290.702, 290.702a, 290.703, 290.704, 290.705, 290.706, 290.707, 290.708, 290.709, 290.710, 290.711, 290.712, 290.713, 290.714, 290.715, 290.716, 290.717, 290.718, 290.719, 290.720, 290.721, 290.722, 290.723, 290.724, and 290.725), sections 3 and 17 as amended by 1980 PA 195.

(Filed with the Secretary of State May 2, 2012, at 1:42 p.m.)

Date: May 1, 2012

Time: 9:12 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4845 (Public Act No. 120, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 80101, 80141, and 80212 (MCL 324.80101, 324.80141, and 324.80212), section 80101 as amended by 2004 PA 547, section 80141 as added by 1995 PA 58, and section 80212 as added by 2000 PA 229.

(Filed with the Secretary of State May 2, 2012, at 1:44 p.m.)

Date: May 1, 2012

Time: 9:14 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4974 (Public Act No. 121, I.E.), being

An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” by amending section 1072 (MCL 250.2072), as added by 2011 PA 78.

(Filed with the Secretary of State May 2, 2012, at 1:46 p.m.)

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5365, Reps. Moss, Haveman and LeBlanc.

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5372, Reps. Rogers, Moss and Lipton.

Communications from State Officers

The following communication from the Secretary of State was received and read:

Notice of Filing

Administrative Rules

April 30, 2012

In accordance with the provisions of MCL 24.248 this is to advise you that the Department of Licensing and Regulatory Affairs, State Office of Regulatory Reinvention filed at 10:00 A.M. on this date, administrative rule (12-04-01E) for the Department of Treasury, Entitled “Health Insurance Claims Assessment Act,” these rules take effect upon filing with the Secretary of State and shall remain in effect for 180 days.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communication was referred to the Clerk.

Introduction of Bills

Reps. Lane, Forlini, Stanley, Farrington, Goike, Dillon, Rutledge, Liss, Opsommer, Rendon, O’Brien, Roy Schmidt, Haugh, Smiley, Brunner, Hobbs, Townsend, Pettalia, McCann, Stallworth, Slavens, Meadows, Foster, Pscholka, Ouimet, Greimel, Oakes and Stapleton introduced

House Bill No. 5592, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4012 (MCL 600.4012), as amended by 1996 PA 10.

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

Rep. Horn introduced

House Bill No. 5593, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 675.

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

Reps. Lyons, Lipton and Haveman introduced

House Bill No. 5594, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16326 and part 171.

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

Reps. Brunner, Rendon, Jenkins, Daley, Graves, Kurtz, Damrow, Johnson, McBroom, Outman, Muxlow, Goike, LaFontaine, Glardon, Tyler, Santana, Smiley, Talabi, Potvin, Hovey-Wright and Oakes introduced

House Bill No. 5595, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending sections 2, 3, 4, 5, 6, 9a, and 9b (MCL 290.602, 290.603, 290.604, 290.605, 290.606, 290.609a, and 290.609b), section 2 as amended and sections 9a and 9b as added by 2002 PA 208.

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

Reps. Daley, Brunner, Rendon, Jenkins, Graves, Kurtz, Damrow, Johnson, McBroom, Outman, Muxlow, Goike, LaFontaine, Glardon, Tyler, Heise, Smiley, Talabi, Potvin, Hovey-Wright and Oakes introduced

House Bill No. 5596, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending sections 10a, 10b, 28c, 28d, 29, 31, and 31a (MCL 290.610a, 290.610b, 290.628c, 290.628d, 290.629, 290.631, and 290.631a), sections 10a and 10b as amended and section 31a as added by 2002 PA 208, section 28c as amended by 2008 PA 351, section 28d as added by 2008 PA 345, section 29 as amended by 1986 PA 194, and section 31 as amended by 2006 PA 125, and by adding section 28e.

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

Reps. Oakes, Slavens, Bledsoe, Stallworth, Rutledge, Lane, Bauer, Liss, Brown, Hobbs, Santana, Brunner, Daley, LaFontaine, Haines and Lyons introduced

House Bill No. 5597, entitled

A bill to amend 2011 PA 153, entitled “An act to provide firefighter training programs to certain individuals; and to provide for certain firefighter examinations,” by amending section 2 (MCL 29.332).

The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

Rep. Zorn introduced

House Bill No. 5598, entitled

A bill to amend 1956 PA 62, entitled “An act to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township, or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code,” by amending the title and sections 1, 2, 3, 4, and 5 (MCL 257.951, 257.952, 257.953, 257.954, and 257.955), section 1 as amended by 2006 PA 297 and section 5 as added by 2000 PA 95.

The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

Announcements by the Clerk

The Clerk received the following dissent from Reps. Meadows, Haugh and Irwin:

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 HB4025, SB393, SB621, SB622, SB623, SB709, SB710, SB92, HB4928, and SB269. I did not, have not, and do not support the gaveling on of immediate effect to HB4025, SB393, SB621, SB622, SB623, SB709, SB710, SB92, HB4928, and SB269.

______

Rep. Oakes moved that the House adjourn.

The motion prevailed, the time being 2:35 p.m.

Associate Speaker Pro Tempore O’Brien declared the House adjourned until Tuesday, May 8, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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