No. 50

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Tuesday, May 22, 2012.

1:30 p.m.

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

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

Agema—present Gilbert—present LeBlanc—present Price—present

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

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

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—excused

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—e/d/s 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. Kenneth L. Kurtz, from the 58th District, offered the following invocation:

“Eternal God and heavenly Father, we gather here today and we do ask Your blessing on all the deliberation that will take place in this chamber, with this people, at this time. We recognize O God, our need, our weakness; we also recognize to You, O God, that we are a people that need Your help. In all we do and all we say, might we bring honor and glory, not just to this institution, but to You. I ask this in Jesus’ name, Amen.”

______

Rep. Stamas moved that Reps. Rendon and Shirkey be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Stallworth, Ananich, Greimel, Rutledge, Smiley, Brunner, Hobbs, McCann, Geiss, Stanley, Tlaib, Stapleton, Santana, Durhal, Talabi, Howze, Barnett, Hammel, Segal, Darany, LeBlanc and Slavens offered the following resolution:

House Resolution No. 276.

A resolution to request the Department of Human Services to immediately review the outstanding or delinquent reimbursement requests from child placement agencies.

Whereas, The Department of Human Services (DHS) authorizes payments to licensed child caring institutions and foster care providers for care and placement of children in the foster care and adoption systems; and

Whereas, These Child welfare agencies provide a vital service to the state in its efforts to meet the needs of children in the child welfare system and at a cost savings; and

Whereas, Many child placement agencies are, subject to long waiting periods for payment requests submitted DHS. These delinquent payments cause hardship to these agencies as they attempt to maintain operations while waiting for payment for services rendered; and

Whereas, It is imperative that payment processes for child placement agencies are operating in a timely manner, to ensure child placement agencies can continue to provide these essential services; now, therefore, be it

Resolved by the House of Representatives, That we request an immediate review by the Department of Human Services of outstanding and delinquent reimbursement requests by child placement agencies prior to the completion of their annual budget; and be it further

Resolved, That copies of this resolution be transmitted to the Director of the Department of Human Services.

The resolution was referred to the Committee on Families, Children, and Seniors.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5362, entitled

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

(The bill was received from the Senate on May 17, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 49, p. 886.)

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. 279 Yeas—106

Agema Genetski Lane Potvin

Ananich Gilbert LeBlanc Price

Barnett Glardon Lindberg Pscholka

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 Slavens

Cavanagh Hobbs McCann Smiley

Clemente Hooker McMillin Somerville

Constan Horn Meadows Stallworth

Cotter Hovey-Wright Moss Stamas

Crawford Howze Muxlow Stanley

Daley Hughes Nathan Stapleton

Damrow Huuki Nesbitt Switalski

Darany Irwin O’Brien Talabi

Denby Jacobsen Oakes Tlaib

Dillon Jenkins Olson Townsend

Durhal Johnson Opsommer Tyler

Farrington Kandrevas Ouimet Walsh

Forlini Knollenberg Outman Womack

Foster Kowall Pettalia Yonker

Franz Kurtz Poleski Zorn

Geiss LaFontaine

Nays—0

In The Chair: Walsh

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.

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

______

Rep. Jackson entered the House Chambers.

Third Reading of Bills

Senate Bill No. 320, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 10, 13a, and 14 of chapter XIIA (MCL 712A.10, 712A.13a, and 712A.14), section 10 as amended by 1988 PA 92, section 13a as amended by 2004 PA 475, and section 14 as amended by 2001 PA 211, and by adding sections 14a and 14b to chapter XIIA.

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

Roll Call No. 280 Yeas—106

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Constan Horn McMillin Somerville

Cotter Hovey-Wright Meadows Stallworth

Crawford Howze Moss Stamas

Daley Hughes Muxlow Stanley

Damrow Huuki Nathan Stapleton

Darany Irwin Nesbitt Switalski

Denby Jackson O’Brien Talabi

Dillon Jacobsen Oakes Tlaib

Durhal Jenkins Olson Townsend

Farrington Johnson Opsommer Tyler

Forlini Kandrevas Ouimet Walsh

Foster Knollenberg Outman Womack

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Genetski LaFontaine

Nays—1

Agema

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 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending sections 10, 13a, and 14 of chapter XIIA (MCL 712A.10, 712A.13a, and 712A.14), section 10 as amended by 1988 PA 92, section 13a as amended by 2012 PA 115, and section 14 as amended by 2001 PA 211, and by adding sections 14a and 14b to chapter XIIA.

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. 300, entitled

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

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

Roll Call No. 281 Yeas—103

Agema Genetski Kurtz Price

Ananich Gilbert LaFontaine Pscholka

Barnett Glardon Lane Rogers

Bauer Goike LeBlanc Rutledge

Bledsoe Graves Lindberg Santana

Bolger Greimel Lipton Schmidt, R.

Brunner Haines Liss Schmidt, W.

Bumstead Hammel Lori Segal

Byrum Haugh Lund Shaughnessy

Callton Haveman Lyons Slavens

Cavanagh Heise MacGregor Smiley

Clemente Hobbs McBroom Somerville

Constan Hooker McCann Stallworth

Cotter Horn Meadows Stamas

Crawford Hovey-Wright Moss Stanley

Daley Howze Muxlow Stapleton

Damrow Hughes Nesbitt Switalski

Darany Huuki O’Brien Talabi

Denby Irwin Oakes Tlaib

Dillon Jackson Olson Townsend

Durhal Jacobsen Opsommer Tyler

Farrington Jenkins Ouimet Walsh

Forlini Johnson Outman Womack

Foster Kandrevas Pettalia Yonker

Franz Knollenberg Poleski Zorn

Geiss Kowall Potvin

Nays—4

Brown MacMaster McMillin 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 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.

House Bill No. 5404, entitled

A bill to amend 1967 PA 288, entitled “Land division act,” by amending sections 109 and 182 (MCL 560.109 and 560.182), section 109 as amended by 1997 PA 87.

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

Roll Call No. 282 Yeas—107

Agema Genetski LaFontaine Potvin

Ananich Gilbert Lane Price

Barnett Glardon LeBlanc Pscholka

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 Slavens

Cavanagh Hobbs McBroom Smiley

Clemente Hooker McCann Somerville

Constan Horn McMillin Stallworth

Cotter Hovey-Wright Meadows Stamas

Crawford Howze Moss Stanley

Daley Hughes Muxlow Stapleton

Damrow Huuki Nathan Switalski

Darany Irwin Nesbitt Talabi

Denby Jackson O’Brien Tlaib

Dillon Jacobsen Oakes Townsend

Durhal Jenkins Olson Tyler

Farrington Johnson Opsommer Walsh

Forlini Kandrevas Ouimet Womack

Foster Knollenberg Outman Yonker

Franz Kowall Pettalia Zorn

Geiss Kurtz Poleski

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5431, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411a (MCL 750.411a), as amended by 2004 PA 104.

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

Roll Call No. 283 Yeas—102

Ananich Genetski LaFontaine Price

Barnett Gilbert Lane Pscholka

Bauer Glardon LeBlanc Rogers

Bledsoe Goike Lindberg Rutledge

Bolger Graves Lipton Santana

Brown Greimel Liss Schmidt, R.

Brunner Haines Lori Schmidt, W.

Bumstead Hammel Lund Segal

Byrum Haugh Lyons Shaughnessy

Callton Haveman MacGregor Slavens

Cavanagh Heise McBroom Smiley

Clemente Hobbs McCann Somerville

Constan Hooker Meadows Stallworth

Cotter Horn Moss Stamas

Crawford Hovey-Wright Muxlow Stanley

Daley Howze Nesbitt Stapleton

Damrow Hughes O’Brien Switalski

Darany Huuki Oakes Talabi

Denby Jackson Olson Tlaib

Dillon Jacobsen Opsommer Townsend

Durhal Jenkins Ouimet Tyler

Farrington Johnson Outman Walsh

Forlini Kandrevas Pettalia Womack

Foster Knollenberg Poleski Yonker

Franz Kowall Potvin Zorn

Geiss Kurtz

Nays—5

Agema MacMaster McMillin Nathan

Irwin

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

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:

Obviously I don’t think someone should make a false report that results in an ambulance showing up unnecessarily. However, I don’t think that if that happens, someone should go to jail for years, which this bill could make happen. The possible penalties seems excessive to me.”

House Bill No. 5432, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2008 PA 466.

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

Roll Call No. 284 Yeas—105

Agema Genetski LaFontaine Potvin

Ananich Gilbert Lane Price

Barnett Glardon LeBlanc Pscholka

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 Slavens

Cavanagh Hobbs McBroom Smiley

Clemente Hooker McCann Somerville

Constan Horn McMillin Stallworth

Cotter Hovey-Wright Meadows Stamas

Crawford Howze Moss Stanley

Daley Hughes Muxlow Stapleton

Damrow Huuki Nesbitt Switalski

Darany Jackson O’Brien Talabi

Denby Jacobsen Oakes Tlaib

Dillon Jenkins Olson Townsend

Durhal Johnson Opsommer Tyler

Farrington Kandrevas Ouimet Walsh

Forlini Knollenberg Outman Womack

Foster Kowall Pettalia Yonker

Franz Kurtz Poleski Zorn

Geiss

Nays—2

Irwin Nathan

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

Rep. Olumba entered the House Chambers.

House Bill No. 5433, 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.

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

Roll Call No. 285 Yeas—101

Ananich Genetski Lane Price

Barnett Gilbert LeBlanc Pscholka

Bauer Glardon Lindberg Rogers

Bledsoe Goike Lipton Rutledge

Bolger Graves Liss Santana

Brown Greimel Lori Schmidt, R.

Brunner Haines Lund Schmidt, W.

Bumstead Hammel Lyons Segal

Byrum Haugh MacGregor Shaughnessy

Callton Haveman McBroom Slavens

Cavanagh Heise McCann Smiley

Clemente Horn Meadows Somerville

Constan Hovey-Wright Moss Stallworth

Cotter Howze Muxlow Stamas

Crawford Hughes Nesbitt Stanley

Daley Huuki 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

Nays—7

Agema Hooker MacMaster Nathan

Hobbs Irwin McMillin

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

Rep. Hooker, 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:

I voted no on the felony sentencing as these false reports could be teens pulling pranks or a good samaritan who thought they saw something. While it is a false report is serious and must be stopped, I believe that a felony record might to harsh a penalty. I favor a reimbursement of costs, community service, probation and possibly a felony on a repeat offense.”

Second Reading of Bills

Senate Bill No. 466, entitled

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

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Families, Children, and Seniors (for amendments, see House Journal No. 26, p. 378),

The amendments were adopted, a majority of the members serving voting therefor.

Rep. Meadows moved to substitute (H-1) the bill.

The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

Senate Bill No. 455, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16i and 16o of chapter XVII (MCL 777.16i and 777.16o), section 16i as amended by 2010 PA 95 and section 16o as amended by 2010 PA 130.

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

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. 459, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 159g, 174a, and 273 (MCL 750.159g, 750.174a, and 750.273), section 159g as amended by 2010 PA 362 and section 174a as amended by 2004 PA 255.

The bill was read a second time.

Rep. Slavens moved to amend the bill as follows:

1. Amend page 10, following line 8, by 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. 456.

(b) Senate Bill No. 460.

(c) Senate Bill No. 604.

(d) Senate Bill No. 605.

(e) Senate Bill No. 706.

(f) Senate Bill No. 777.

(g) House Bill No. 4328.

(h) House Bill No. 4329.

(i) House Bill No. 4333.

(j) House Bill No. 4341.”.

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

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

The motion prevailed.

Senate Bill No. 465, entitled

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

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

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

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

The motion prevailed.

Senate Bill No. 461, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 2802, 2803, 2804, 5314, 5315, 5316, 5410, 5422, and 5423 (MCL 700.2802, 700.2803, 700.2804, 700.5314, 700.5315, 700.5316, 700.5410, 700.5422, and 700.5423), section 5314 as amended by 2000 PA 469, section 5316 as amended by 2000 PA 54, and section 5423 as amended by 2005 PA 204, and by adding section 5306a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Families, Children, and Seniors,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Kurtz moved to amend the bill as follows:

1. Amend page 23, line 2, after “effect” by striking out “December” and inserting “October”.

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

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

The motion prevailed.

Senate Bill No. 454, entitled

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

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

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

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

The motion prevailed.

______

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

Senate Bill No. 457, entitled

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

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Families, Children, and Seniors,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Senate Bill No. 462, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21771 (MCL 333.21771).

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 464, entitled

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

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 468, entitled

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

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5415, entitled

A bill to create the Father Marquette national memorial and Mackinac straits area museum advisory board; and to prescribe the powers and duties of certain state agencies and officials.

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

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

Rep. Foster moved to amend the bill as follows:

1. Amend page 2, line 24, after “a” by striking out “registered voter and a”.

2. Amend page 2, line 26, by striking out all of subsection (4) and renumbering the remaining subsections.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 4860, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27b (MCL 211.27b), as amended by 1996 PA 476.

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

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

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

The motion prevailed.

House Bill No. 4861, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17.

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

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

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

The motion prevailed.

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.

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

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

Rep. Daley moved to amend the bill as follows:

1. Amend page 12, line 3, after “unless” by striking out “Senate Bill No. ____ or House Bill No. ____ (request no. 05127’ 12)” and inserting “House Bill No. 5596”.

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

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

The motion prevailed.

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.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Agriculture,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Daley moved to amend the bill as follows:

1. Amend page 4, line 26, after “A” by striking out “NET”.

2. Amend page 4, line 26, after “AVOIRDUPOIS” by inserting “AND “GROSS TON” MEANS A WEIGHT OF 2240 POUNDS AVOIRDUPOIS”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, May 18:

House Bill Nos. 5647 5648 5649

Senate Bill Nos. 1131 1132 1133

The Clerk announced that the following Senate bills had been received on Tuesday, May 22:

Senate Bill Nos. 1086 1087 1088 1104

The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, May 22:

Senate Bill Nos. 1134 1135

Reports of Standing Committees

The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported

House Bill No. 5249, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43526 (MCL 324.43526), as amended by 1996 PA 585.

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. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson and Pettalia

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 22, 2012

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

Absent: Rep. Stapleton

Excused: Rep. Stapleton

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

House Bill No. 5577, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 30 and 32 (MCL 567.250 and 567.252), section 30 as amended by 2008 PA 208.

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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Haugh, Barnett and Clemente

Nays: None

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

House Resolution No. 195.

A resolution to memorialize the Congress of the United States to enact legislation to ensure that amounts credited to the Harbor Maintenance Trust Fund are used solely for the dredging, infrastructure, operation, and maintenance of federally authorized ports.

(For text of resolution, see House Journal No. 22, p. 296.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Wayne Schmidt, Gilbert, Denby, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett and Clemente

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 22, 2012

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

Absent: Reps. Shirkey and Townsend

Excused: Reps. Shirkey and Townsend

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

Senate Bill No. 751, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509r, 509aa, 658, 659, 661, and 761 (MCL 168.509r, 168.509aa, 168.658, 168.659, 168.661, and 168.761), section 509r as amended by 2003 PA 302, section 509aa as amended by 2004 PA 92, section 659 as amended by 2004 PA 296, section 661 as amended by 1982 PA 2, and section 761 as amended by 2005 PA 71, and by adding section 764c.

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

1. Amend page 3, line 18, after “FILE” by inserting “BECAUSE THE VOTER WAS SENT A NOTICE UNDER SECTION 509AA TO CONFIRM THE VOTER’S RESIDENCE INFORMATION”.

2. Amend page 3, line 19, after “BE” by striking out “PREPARED” and inserting “MARKED IN THE SAME MANNER”.

3. Amend page 11, line 15, by striking out all of section 761.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lund, McBroom, Knollenberg, Tyler, Outman and Pscholka

Nays: Reps. Byrum, Nathan and Stanley

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

Senate Bill No. 752, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 569a, 671, 792a, and 871 (MCL 168.569a, 168.671, 168.792a, and 168.871), section 569a as added by 1985 PA 24, section 671 as amended by 1995 PA 261, section 792a as amended by 2005 PA 71, and section 871 as amended by 2000 PA 207, and by adding section 686b.

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

Nays: None

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

Senate Bill No. 753, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11e of chapter XVII (MCL 777.11e), as added by 2002 PA 31.

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

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lund, McBroom, Knollenberg, Tyler, Outman, Pscholka and Byrum

Nays: Reps. Nathan and Stanley

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

Senate Bill No. 754, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509v (MCL 168.509v), as added by 1994 PA 441, and by adding section 497c.

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

1. Amend page 3, line 3, after “(3)” by striking out “BEFORE” and inserting “BEGINNING 30 DAYS AFTER THE DATE THE DEPARTMENT OF STATE MAKES REGISTRATION FORMS AVAILABLE TO THIRD-PARTY VOTER REGISTRATION ORGANIZATIONS AND BEFORE”.

2. Amend page 3, line 5, after “STATE” by striking out the comma.

3. Amend page 3, line 6, by striking out “STATE, AND” and inserting “STATE. THE DEPARTMENT OF STATE SHALL MAKE THE REGISTRATION FORM FOR THIRD-PARTY VOTER REGISTRATION ORGANIZATIONS AVAILABLE WITHIN 7 DAYS OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION. A THIRD‑PARTY VOTER REGISTRATION ORGANIZATION”.

4. Amend page 3, line 26, after “CLERK” by inserting a comma and “OR A CITY, TOWNSHIP, OR VILLAGE CLERK IN A CITY, TOWNSHIP, OR VILLAGE WITH A POPULATION OF 10,000 OR MORE,”.

5. Amend page 4, line 3, after “DESIGNATE” by inserting “AT LEAST”.

6. Amend page 4, line 4, after “(6).” by striking out the balance of the line through the second “TRAINING” on line 6 and inserting “THE PERSON OR PERSONS DESIGNATED BY THE THIRD-PARTY VOTER REGISTRATION ORGANIZATION TO RECEIVE TRAINING UNDER THIS SECTION SHALL ENSURE THAT TRAINING IS PROVIDED”.

7. Amend page 4, line 25, after “ORGANIZATION” by striking out “SERVES AS A FIDUCIARY” and inserting “HAS A RESPONSIBILITY”.

8. Amend page 5, line 16, after “THAT” by striking out the balance of the line through “INDIVIDUALS” on line 17 and inserting “HAS 2 OR MORE INDIVIDUALS DISTRIBUTING AND COLLECTING VOTER REGISTRATION APPLICATIONS”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lund, McBroom, Knollenberg, Tyler, Outman and Pscholka

Nays: Reps. Byrum, Nathan and Stanley

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

Senate Bill No. 803, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 523, 759, and 761 (MCL 168.523, 168.759, and 168.761), sections 523 and 761 as amended by 2005 PA 71 and section 759 as amended by 1995 PA 261, and by adding section 766a.

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

1. Amend page 6, line 22, after “A” by striking out “CITIZEN OF THE UNITED STATES?” and inserting “UNITED STATES CITIZEN?”.

2. Amend page 10, line 16, by striking out all of section 761.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lund, McBroom, Knollenberg, Tyler, Outman and Pscholka

Nays: Reps. Byrum, Nathan and Stanley

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

Senate Bill No. 823, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 53, 55, 56, 93, 95, 96, 133, 135, 136, 163, 165, 166, 193, 195, 196, 198, 224, 226, 227, 254, 255, 257, 303, 322, 326, 349, 352, 354, 357, 381, 409b, 413, 413a, 426d, 433, 433a, 467b, 467c, 551, 591, 624, 644e, 644f, 712, 737a, 931, and 973 (MCL 168.53, 168.55, 168.56, 168.93, 168.95, 168.96, 168.133, 168.135, 168.136, 168.163, 168.165, 168.166, 168.193, 168.195, 168.196, 168.198, 168.224, 168.226, 168.227, 168.254, 168.255, 168.257, 168.303, 168.322, 168.326, 168.349, 168.352, 168.354, 168.357, 168.381, 168.409b, 168.413, 168.413a, 168.426d, 168.433, 168.433a, 168.467b, 168.467c, 168.551, 168.591, 168.624, 168.644e, 168.644f, 168.712, 168.737a, 168.931, and 168.973), sections 53, 163, 193, 224, 254, 349, 409b, 413a, 426d, 433a, 467c, 624, and 644f as amended by 1999 PA 218, sections 93 and 133 as amended by 2000 PA 491, section 165 as amended by 1994 PA 152, section 303 as added by 2003 PA 302, section 322 as amended by 2010 PA 183, section 381 as amended by 2010 PA 184, section 413 as amended by 2009 PA 206, section 433 as amended by 2009 PA 208, section 467b as amended by 2009 PA 207, section 551 as amended by 1990 PA 7, section 591 as amended by 1990 PA 109, section 644e as amended by 2010 PA 44, section 737a as amended by 2006 PA 87, and section 931 as amended by 1996 PA 583, and by adding sections 483a, 932c, and 932e; and to repeal acts and parts of acts.

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

1. Amend page 2, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:

“Sec. 22e. (1) The board of state canvassers shall meet to consider and approve a statement of the purpose of a proposed constitutional amendment or other ballot question prepared pursuant to sections SECTION 32. and 474. The board of state canvassers shall give not less than 3 full business days’ notice to the public of a meeting held under this subsection. The board of state canvassers shall also give not less than 3 full business days’ notice to all of the following:

(a) The legally or generally recognized sponsor of the proposed constitutional amendment or other ballot question, if any.

(b) The legislative sponsor of the proposed constitutional amendment or ballot question, if any.

(c) The senate majority leader.

(d) The speaker of the house of representatives.

(e) The minority leaders of the senate and the house of representatives.

(f) A legislator who does not receive notice under subdivisions (c), (d), or (e).

(2) The board of state canvassers shall publicly request and allow a person described in subsection (1)(a) or (b), or a representative of that person, to address a meeting held under this section.

Sec. 32. (1) There is hereby continued in IN the office of the secretary of state, the bureau of elections created by Act No. 65 of the Public Acts of 1951, FORMER 1951 PA 65 CONTINUES under the supervision of a director of elections, to be appointed by the secretary of state under civil service regulations. The director of elections shall be vested with the powers and shall perform the duties of the secretary of state under his OR HER supervision, with respect to the supervision and administration of the election laws. The director of elections shall be a nonmember secretary of the state board of canvassers.

(2) The director of elections, with the approval of the state board of canvassers, shall prepare a statement for designation on the ballot in not more than 100 words, exclusive of caption, of the purpose of any proposed amendment or question , to be submitted to the electors as required under SECTION 9 OF ARTICLE II, SECTION 34 OF ARTICLE IV, OR section 1 OR 2 of article 12 XII of the state constitution OF 1963. THE STATEMENT SHALL CONSIST OF A TRUE AND IMPARTIAL STATEMENT OF THE PURPOSE OF THE AMENDMENT OR QUESTION IN SUCH LANGUAGE AS SHALL CREATE NO PREJUDICE FOR OR AGAINST THE PROPOSED AMENDMENT OR QUESTION. The powers and duties of the state board of canvassers and the secretary of state with respect to the preparation of such THE statement are hereby transferred to the director of elections. THE SECRETARY OF STATE SHALL CERTIFY THE STATEMENT OF THE PURPOSE OF ANY PROPOSED AMENDMENT OR QUESTION TO BE SUBMITTED TO THE ELECTORS NOT LATER THAN 60 DAYS BEFORE THE DATE OF THE ELECTION.”.

2. Amend page 45, following line 5, by inserting:

“Sec. 477. (1) The board of state canvassers shall make an official declaration of the sufficiency or insufficiency of a petition under this chapter at least 2 months before the election at which the proposal is to be submitted. If the board of state canvassers declares that the petition is sufficient, the secretary of state shall send copies of the statement of purpose of the proposal as approved by the board of state canvassers under section 474 to the several daily and weekly newspapers published in this state, with the request that the newspapers give as wide publicity as possible to the proposed amendment or other question. Publication of any matter by any newspaper under this section shall be without expense or cost to the state of Michigan.

(2) For the purposes of the second paragraph of section 9 of article II of the state constitution of 1963, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its official declaration of the sufficiency of the referendum petition. The board of state canvassers shall complete the canvass of a referendum petition within 60 days after the petition is filed with the secretary of state, except that 1 15-day extension may be granted by the secretary of state if necessary to complete the canvass.

Sec. 480. Whenever IF a proposed constitutional amendment or other special question is to be submitted to the electors of the THIS state for a popular vote, the secretary of state shall, not less than 49 60 days before the DATE OF THE election AT WHICH THE PROPOSED CONSTITUTIONAL AMENDMENT OR OTHER SPECIAL QUESTION IS TO BE SUBMITTED, certify the same STATEMENT OF THE PURPOSE FOR DESIGNATION ON THE BALLOT to the clerk of each county in the THIS state, together with the form in which such THE CONSTITUTIONAL amendment or other special questions shall be submitted. PRINTED ON THE BALLOT. The secretary of state shall also furnish the several county clerks in the THIS state 2 copies of the text of each CONSTITUTIONAL amendment or OTHER SPECIAL question and 2 copies of each said statement for each voting precinct in their respective counties. The EACH county clerk shall furnish the said copies of such THE statement to the several township and city clerks in his OR HER county at the time other supplies for the election are furnished. ; and each such EACH township or city clerk shall, before the opening of the polls on election day, deliver the copies of such THE text and statement to which each voting precinct in his OR HER township or city is entitled to the board of election inspectors of said THE precinct, who shall post the same in conspicuous places in the room where such THE election is held.”.

3. Amend page 46, line 5, by striking out all of section 591.

4. Amend page 52, line 12, by striking out all of section 931.

5. Amend page 60, line 6, by striking out all of enacting section 1 and inserting:

“Enacting section 1. Sections 343a, 474, 649, and 707 of the Michigan election law, 1954 PA 116, MCL 168.343a, 168.474, 168.649, and 168.707, are repealed.”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lund, McBroom, Knollenberg, Tyler, Outman and Pscholka

Nays: Reps. Byrum, Nathan and Stanley

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

Senate Bill No. 824, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 15, 32, 34, 36, 47, and 55 (MCL 169.215, 169.232, 169.234, 169.236, 169.247, and 169.255), sections 15 and 47 as amended by 2001 PA 250, section 32 as amended by 1999 PA 236, section 34 as amended by 1999 PA 238, section 36 as amended by 1996 PA 590, and section 55 as amended by 1995 PA 264.

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. Lund, McBroom, Knollenberg, Tyler, Outman and Pscholka

Nays: Reps. Byrum, Nathan and Stanley

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

Senate Bill No. 825, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as added by 2002 PA 31.

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. Lund, McBroom, Knollenberg, Tyler, Outman and Pscholka

Nays: Reps. Byrum, Nathan and Stanley

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 22, 2012

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Monday, May 21, 2012

Present: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Lindberg, Lipton, McCann and Tlaib

Absent: Reps. Cotter and Jackson

Excused: Reps. Cotter and Jackson

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 22, 2012

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

Absent: Reps. Shirkey and McBroom

Excused: Reps. Shirkey and McBroom

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 22, 2012

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

Absent: Rep. Rendon

Excused: Rep. Rendon

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Franz, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:

Meeting held on: Tuesday, May 22, 2012

Present: Reps. Franz, Zorn, Haines, Tyler, Callton, Hughes, Graves, Nathan, Darany, Smiley, Liss, Clemente and Greimel

Messages from the Senate

Senate Bill No. 1086, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 9208 (MCL 333.9208), as amended by 2000 PA 90.

The Senate has passed the bill.

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

Senate Bill No. 1087, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 167 (MCL 388.1767), as amended by 2006 PA 342.

The Senate has passed the bill.

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

Senate Bill No. 1088, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177 (MCL 380.1177), as amended by 2000 PA 91.

The Senate has passed the bill.

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

Senate Bill No. 1104, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 703 (MCL 206.703), as amended by 2011 PA 188.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Lane, Haugh, Forlini and Liss introduced

House Bill No. 5650, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 107a.

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

Reps. Lane, Haugh, Forlini and Liss introduced

House Bill No. 5651, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 107b.

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

Reps. Lane, Haugh, Forlini and Liss introduced

House Bill No. 5652, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2011 PA 53.

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

Reps. Brown, Tlaib and Nathan introduced

House Bill No. 5653, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 356 (MCL 750.356), as amended by 2008 PA 431.

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

Reps. Brown, Tlaib, Slavens and Nathan introduced

House Bill No. 5654, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16r of chapter XVII (MCL 777.16r), as amended by 2002 PA 279.

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

Rep. Brown introduced

House Bill No. 5655, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1502c.

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

Reps. Brown, Ananich, Greimel and Lipton introduced

House Bill No. 5656, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 515a.

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

Reps. Howze, Talabi, Irwin, Liss, Durhal, Stallworth, Stapleton, Rutledge, Santana, Jackson, Tlaib, Bledsoe, Stanley, Lipton and Oakes introduced

House Bill No. 5657, entitled

A bill to establish the Detroit college promise fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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

Rep. Haveman introduced

House Bill No. 5658, entitled

A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending sections 2 and 6 (MCL 800.322 and 800.326), section 2 as amended by 1996 PA 537 and section 6 as amended by 2010 PA 308.

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

Rep. Yonker introduced

House Bill No. 5659, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 523, 1204a, 1277, 1277a, 1278, 1278b, 1280, 1280a, 1280b, and 1280e (MCL 380.523, 380.1204a, 380.1277, 380.1277a, 380.1278, 380.1278b, 380.1280, 380.1280a, 380.1280b, and 380.1280e), section 523 as amended and section 1280e as added by 2011 PA 277, section 1204a as amended by 1996 PA 159, section 1277 as amended by 1997 PA 179, sections 1277a and 1280a as added by 1993 PA 335, section 1278 as amended by 2004 PA 596, section 1278b as amended by 2010 PA 80, section 1280 as amended by 2006 PA 123, and section 1280b as added by 2000 PA 230.

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

Reps. Stamas and Segal introduced

House Bill No. 5660, entitled

A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” (MCL 445.571 to 445.576) by adding section 1a.

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

Announcements by the Clerk

May 11, 2012

Received from the Civil Service Commission the Fiscal Analysis Report for the Civil Service Commission for fiscal year 2011, in accordance with Article XI, Section 5 of the Constitution of the State of Michigan.

Gary L. Randall

Clerk of the House

______

Rep. McCann moved that the House adjourn.

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

Associate Speaker Pro Tempore Opsommer declared the House adjourned until Wednesday, May 23, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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No. 50] [May 22, 2012] JOURNAL OF THE HOUSE 903

904 JOURNAL OF THE HOUSE [May 22, 2012] [No. 50

No. 50] [May 22, 2012] JOURNAL OF THE HOUSE 905

906 JOURNAL OF THE HOUSE [May 22, 2012] [No. 50

No. 50] [May 22, 2012] JOURNAL OF THE HOUSE 907

908 JOURNAL OF THE HOUSE [May 22, 2012] [No. 50

No. 50] [May 22, 2012] JOURNAL OF THE HOUSE 909

910