No. 35

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Tuesday, April 26, 2011.

1:30 p.m.

The House was called to order by the Speaker.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genetski—present Lindberg—present

e/d/s = entered during session

Rev. Dr. Nana Kratochvil, from Muskegon, offered the following invocation:

“Spirit of Life and Love, God of Many Names and Many Nations, we invite Your presence among us today.

We give thanks for this day, yea, even for the rain that replenishes our sinking water table. We give thanks for this Earth upon which we live—this fertile, beautiful Earth whose bounty supports us. We give thanks for those people who live, love and work here in this most beautiful of states—Michigan.

Be with us, we pray, as we gather to craft the laws that will best serve our state. Be with us, we pray, as we confer with each other to write these laws.

Guide our hearts that we may be gentle with each other, even as we are true to our best selves.

Guide our minds that we may together find that which will best serve all our people.

For our great state of Michigan includes people from the northern coast of the Upper Peninsula to the Indiana State line, and from Lake Michigan to the bridge into Canada.

Our people are many colors and many faiths, they are old and young, they are very wealthy, and they are, far too many of them, very poor. And we must serve them all.

It is a difficult task, O Spirit. We have differing ideas of how best to accomplish it. Be with us as we wrestle with a difficult economy and many needs. Be with us as we struggle to find the best path forward. Help us always to remember that we are called to serve all of our people.

And help us as we plan for the future. Our state is suffering from the loss of many jobs. Our state is suffering from the loss of money to fully fund our schools, even as we tell each other that education is absolutely necessary to lift our economy into health again. Help us find a way when there seems to be no way to educate our young people to their full potential.

God of Love and Justice be with us on this day, and on the days that follow. Be with us when we are weary of talking and weary of each other. Remind us that kindness is never wasted, and that Love wins more hearts than fear.

We ask these things in the Name of All that is Holy.

Shalom and Salaam,

Blessed Be and Amen.”

______

Rep. Segal moved that Reps. Rutledge and Tlaib be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Hammel, Haugh, Segal, Tlaib, Scott, Townsend, Meadows, Oakes, Byrum, Switalski, Brown, Ananich and Cavanagh offered the following resolution:

House Resolution No. 61.

A resolution to declare May 1, 2011, as Law Day in the state of Michigan.

Whereas, Our legal institutions and system of justice depend on popular participation and support to maintain legitimate authority; and

Whereas, Americans from all walks of life, public figures and private individuals alike, have reaffirmed in words and deeds our national allegiance to the rule of law; and

Whereas, Lawyers and judges recognize that they bear a special responsibility to foster public understanding of law and legal institutions and commitment to the rule of law; and

Whereas, Law Day has been an annual observance since President Dwight Eisenhower established it in 1958 as ‘a day of national dedication to the principle of government under law’; and

Whereas, Law Day 2011 provides us with an opportunity to understand and appreciate the emerging challenges that confront our world—and the law—in the 21st century, while reaffirming enduring legal traditions; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 1, 2011, as Law Day in the state of Michigan; and be it further

Resolved, That the citizens, schools, businesses, media, religious institutions, civic, and service organizations of the state of Michigan are encouraged to use this occasion to commemorate Law Day.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Forlini, Haugh, Callton, Muxlow, Goike, LaFontaine, Pettalia, Lane, Townsend, Horn, Pscholka, Foster, Kurtz, Damrow, Poleski, Shaughnessy, Lund, Hughes, Huuki, LeBlanc, Liss and Tyler offered the following resolution:

House Resolution No. 62.

A resolution to memorialize the Congress of the United States to abolish the National Flood Insurance Program.

Whereas, Under the National Flood Insurance Program, most property owners must purchase flood insurance if their property is located within a mapped floodplain; and

Whereas, The Federal Emergency Management Agency (FEMA) has recently revised existing floodplain maps in Michigan that, in many cases, have increased the amount of land within the floodplain without adequate explanation of perceived additional flood risk. Flood insurance for buildings within redrawn areas is a significant added expense. These revisions amount to a penalty that will be felt far into the future, especially as the market value of impacted properties suffers needlessly; and

Whereas, The revised maps exacerbate disparities between the premiums paid by Michigan residents relative to claims received. Michigan residents have paid nearly five times as much in flood insurance premiums than they have received back in claims over the last 30 years. The remaining funds from these premiums goes to subsidize flood insurance claims in higher risk areas of the country; and

Whereas, The National Flood Insurance Program is operated without transparency to the public in rate-setting methods. Rebuilding within a floodplain has continued in higher risk areas of the country where multiple recent flood events have occurred, contributing to the $20 billion in debt of the National Flood Insurance Program. Rebuilding in very high risk areas would be avoided if flood insurance was set at actuarially sound rates; and

Whereas, The National Flood Insurance Program is fundamentally flawed and unfair. Year after year, the program takes money from property owners in most states and uses that money to rebuild in only a few states. Congresswoman Candice Miller has introduced legislation (H.R. 435) to eliminate the National Flood Insurance Program in 2013 and to authorize states to work together to provide flood insurance as they deem appropriate; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to abolish the National Flood Insurance Program; and be it further

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

The resolution was referred to the Committee on Insurance.

Reps. Daley, Irwin, Barnett, Constan, Denby, Heise, Huuki, LeBlanc, Liss, Slavens and Tyler offered the following resolution:

House Resolution No. 63.

A resolution to declare April 2011 as Donate Life Month in the state of Michigan.

Whereas, Many Michigan residents have saved the lives of others and given them new beginnings by donating an organ; and

Whereas, There are currently about 3,000 people in the state of Michigan waiting courageously to receive an organ donation; and

Whereas, Less than one-third of the state’s adult population has registered with the Michigan Organ Donor Registry; and

Whereas, It is imperative that all citizens are aware of the opportunity to save and enhance the lives of others through organ donation and transplantation; and

Whereas, It is possible to transplant approximately 25 different organs and tissues, including liver, bone, bone marrow, cartilage, cornea, hearts, kidney, lung, and pancreas; and

Whereas, Organ and tissue donation from one individual can save or enhance the lives of up to fifty people; and

Whereas, Families receive comfort in their grief knowing that through organ donation, another person’s life has been saved; and

Whereas, Those who choose to donate set an example of undeniable generosity and compassion and this reflects the character of these individuals whose choice saves the lives of others; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2011 as Donate Life Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Segal, Barnett, Brown, Constan, Darany, Denby, Heise, LeBlanc, Liss, McCann, Slavens and Switalski offered the following resolution:

House Resolution No. 64.

A resolution to declare April 30, 2011, as Prescription Drug Take Back Day in the state of Michigan.

Whereas, The abuse of prescription drugs is the fastest-growing drug problem in the United States and has become increasingly prevalent among teens and young adults. Abuse of prescription pain killers now ranks second, only behind marijuana, as the nation’s most prevalent illegal drug problem; and

Whereas, Many Americans benefit from the appropriate use of prescription pain killers, but when abused, they can be as addictive and dangerous as illegal drugs; and

Whereas, Teens are turning away from street drugs and using prescription drugs to get high. After marijuana, the most common drugs teens are abusing are prescription medications; and

Whereas, Too many teens believe the myth that these drugs provide a medically safe high. The majority of teens get prescription drugs easily and for free, often from friends or relatives; and

Whereas, Improperly disposed of medications are a risk to the environment. Water treatment and waste facilities are not equipped to prevent these pollutants from entering the environment. Our rivers, streams, ground water, coastal marine environments, and drinking water sources are all at risk; and

Whereas, Prescription drug abuse poses a unique challenge because of the need to balance prevention, education, and enforcement with the need for legitimate access; now, therefore, be it

Resolved by the Michigan House of Representatives, That the members of this legislative body declare April 30, 2011, as Prescription Drug Take Back Day in the state of Michigan. Our residents can dispose of unused medications in ways that are safe, legal and environmentally friendly. We urge all citizens to recognize the full risk of prescription drug abuse and improper disposal and encourage communities, businesses, and families to take part in reducing prescription drug abuse through education and proper disposal.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Switalski, Brown, Constan, Heise, LeBlanc, Liss and Slavens offered the following resolution:

House Resolution No. 65.

A resolution to declare the week of April 18-24, 2011, as Screen-Free Week in the state of Michigan.

Whereas, Screen-Free Week is an enjoyable and innovative way to improve children’s well-being by reducing dependence on entertainment screen media, including television, video games, computers, and hand-held devices, thus offering time for children to go outside, read, daydream, create, explore, and spend more time with family and friends; and

Whereas, Preschool children spend an average of 32 hours a week with screen media; and

Whereas, School-age children exposed to excessive screen time may also suffer the effects of childhood obesity, sleep disturbances, attention span issues, increased psychological difficulties, negative attitudes toward school, long-term academic failure, poor homework completion, less healthy dietary habits, less physical activity, and fewer family meals; and

Whereas, The American Academy of Pediatrics recommends no screen time for children under 2 and less than 2 hours per day for older children; and

Whereas, Increased screen time for toddlers leaves less time for engagement in creative play, establishing the foundation of learning, constructive problem solving, and creativity; and

Whereas, Research demonstrates the benefits of reduced screen time for children, such as a higher academic performance, healthier lifestyle, prevention for later behavioral problems, and a decreased interest in television in later years; and

Whereas, Screen-Free Week establishes the foundation for important lifestyle adjustments that will develop the well-being and quality of life in children all year round; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare the week of April 18-24, 2011, as Screen-Free Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4135, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 2009 PA 201.

(The bill was received from the Senate on April 14, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 21, see House Journal No. 33, p. 468.)

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

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

Roll Call No. 78 Yeas—84

Agema Glardon Liss Price

Ananich Goike Lori Pscholka

Bledsoe Haines Lund Rendon

Bolger Haugh Lyons Rogers

Bumstead Haveman MacGregor Schmidt, R.

Callton Heise MacMaster Schmidt, W.

Cavanagh Hooker McBroom Scott

Clemente Horn McMillin Shaughnessy

Constan Howze Meadows Shirkey

Cotter Hughes Melton Smiley

Crawford Huuki Moss Somerville

Daley Jacobsen Muxlow Stallworth

Damrow Jenkins Nesbitt Stamas

Denby Johnson O’Brien Stanley

Durhal Knollenberg Olson Stapleton

Farrington Kowall Opsommer Switalski

Forlini Kurtz Ouimet Tyler

Foster LaFontaine Outman Walsh

Franz Lane Pettalia Womack

Genetski LeBlanc Poleski Yonker

Gilbert Lindberg Potvin Zorn

Nays—24

Barnett Dillon Jackson Olumba

Bauer Geiss Kandrevas Santana

Brown Hammel Lipton Segal

Brunner Hobbs McCann Slavens

Byrum Hovey-Wright Nathan Talabi

Darany Irwin Oakes Townsend

In The Chair: Walsh

The House agreed to the title as amended.

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

Third Reading of Bills

House Bill No. 4314, entitled

A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending sections 101, 102, 103, 202, 205, 210, 211a, 213, 303, 305, 305b, 309, 310a, 313, 315, 316, 401, 503, and 601 (MCL 484.2101, 484.2102, 484.2103, 484.2202, 484.2205, 484.2210, 484.2211a, 484.2213, 484.2303, 484.2305, 484.2305b, 484.2309, 484.2310a, 484.2313, 484.2315, 484.2316, 484.2401, 484.2503, and 484.2601), sections 101, 102, 103, 202, 205, 210, 213, 303, 305, 309, 315, 316, and 401 as amended and sections 211a, 305b, and 310a as added by 2005 PA 235 and sections 503 and 601 as amended by 2000 PA 295; 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. 79 Yeas—102

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lipton Rendon

Bauer Glardon Lori Rogers

Bledsoe Goike Lund Santana

Bolger Haines Lyons Schmidt, R.

Brown Hammel MacGregor Schmidt, W.

Brunner Haugh MacMaster Scott

Bumstead Haveman McCann Segal

Byrum Heise McMillin Shaughnessy

Callton Hobbs Meadows Shirkey

Cavanagh Hooker Melton Slavens

Clemente Horn Moss Smiley

Constan Hovey-Wright Muxlow Somerville

Cotter Howze Nathan Stallworth

Crawford Hughes Nesbitt Stamas

Daley Huuki O’Brien Stanley

Damrow Jackson Oakes Stapleton

Darany Jacobsen Olson Switalski

Denby Jenkins Olumba Talabi

Dillon Johnson Opsommer Townsend

Durhal Kandrevas Ouimet Tyler

Farrington Knollenberg Outman Walsh

Forlini Kowall Pettalia Womack

Foster Kurtz Poleski Yonker

Franz LaFontaine Price Zorn

Geiss Lane

Nays—6

Barnett Lindberg McBroom Potvin

Irwin Liss

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 1991 PA 179, entitled “Michigan telecommunications act,” by amending sections 101, 102, 103, 201, 202, 205, 210, 213, 303, 304, 305, 305b, 309, 310a, 313, 315, 316, 353a, 401, 502, and 503 (MCL 484.2101, 484.2102, 484.2103, 484.2201, 484.2202, 484.2205, 484.2210, 484.2213, 484.2303, 484.2304, 484.2305, 484.2305b, 484.2309, 484.2310a, 484.2313, 484.2315, 484.2316, 484.2353a, 484.2401, 484.2502, and 484.2503), sections 101, 102, 103, 201, 202, 205, 210, 213, 303, 304, 305, 309, 315, 316, 401, and 502 as amended and sections 305b, 310a, and 353a as added by 2005 PA 235 and section 503 as amended by 2000 PA 295; and to repeal acts and parts of acts.

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. 4350, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16277 (MCL 333.16277), as added by 2001 PA 172.

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

Roll Call No. 80 Yeas—69

Agema Haines Lori Poleski

Bledsoe Haugh Lund Potvin

Bolger Haveman Lyons Price

Bumstead Heise MacGregor Pscholka

Callton Hooker MacMaster Rendon

Cotter Horn McBroom Rogers

Crawford Hughes McMillin Schmidt, W.

Daley Huuki Moss Scott

Damrow Jacobsen Muxlow Shaughnessy

Denby Jenkins Nesbitt Shirkey

Farrington Johnson O’Brien Somerville

Forlini Knollenberg Oakes Stamas

Foster Kowall Olson Stapleton

Franz Kurtz Opsommer Tyler

Genetski LaFontaine Ouimet Walsh

Gilbert Lane Outman Yonker

Glardon Liss Pettalia Zorn

Goike

Nays—38

Ananich Dillon LeBlanc Schmidt, R.

Barnett Durhal Lindberg Segal

Bauer Geiss Lipton Slavens

Brown Hammel McCann Smiley

Brunner Hobbs Meadows Stallworth

Byrum Hovey-Wright Melton Stanley

Cavanagh Howze Nathan Switalski

Clemente Irwin Olumba Talabi

Constan Jackson Santana Townsend

Darany Kandrevas

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. Womack, under Rule 31, made the following statement:

“Mr. Speaker and members of the House:

I did not vote on Roll Call No. 80 because of a possible conflict of interest.”

Senate Bill No. 263, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17902 (MCL 333.17902), as added by 2006 PA 54.

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

Roll Call No. 81 Yeas—108

Agema Genetski LeBlanc Potvin

Ananich Gilbert Lindberg Price

Barnett Glardon Lipton Pscholka

Bauer Goike Liss Rendon

Bledsoe Haines Lori Rogers

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Scott

Byrum Hobbs McBroom Segal

Callton Hooker McCann Shaughnessy

Cavanagh Horn McMillin Shirkey

Clemente Hovey-Wright Meadows Slavens

Constan Howze Melton Smiley

Cotter Hughes Moss Somerville

Crawford Huuki Muxlow Stallworth

Daley Irwin Nathan Stamas

Damrow Jackson Nesbitt Stanley

Darany Jacobsen O’Brien Stapleton

Denby Jenkins Oakes Switalski

Dillon Johnson Olson Talabi

Durhal Kandrevas Olumba Townsend

Farrington Knollenberg Opsommer Tyler

Forlini Kowall Ouimet Walsh

Foster Kurtz Outman Womack

Franz LaFontaine Pettalia Yonker

Geiss Lane Poleski Zorn

Nays—0

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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

The House agreed to the full title.

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

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

House Bill No. 4533, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310e (MCL 257.310e), as amended by 2010 PA 268.

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

Roll Call No. 82 Yeas—108

Agema Genetski LeBlanc Potvin

Ananich Gilbert Lindberg Price

Barnett Glardon Lipton Pscholka

Bauer Goike Liss Rendon

Bledsoe Haines Lori Rogers

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Scott

Byrum Hobbs McBroom Segal

Callton Hooker McCann Shaughnessy

Cavanagh Horn McMillin Shirkey

Clemente Hovey-Wright Meadows Slavens

Constan Howze Melton Smiley

Cotter Hughes Moss Somerville

Crawford Huuki Muxlow Stallworth

Daley Irwin Nathan Stamas

Damrow Jackson Nesbitt Stanley

Darany Jacobsen O’Brien Stapleton

Denby Jenkins Oakes Switalski

Dillon Johnson Olson Talabi

Durhal Kandrevas Olumba Townsend

Farrington Knollenberg Opsommer Tyler

Forlini Kowall Ouimet Walsh

Foster Kurtz Outman Womack

Franz LaFontaine Pettalia Yonker

Geiss Lane Poleski Zorn

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Reps. Agema, Bauer, Bledsoe, Brunner, Byrum, Callton, Cotter, Crawford, Daley, Damrow, Denby, Farrington, Foster, Franz, Geiss, Haugh, Heise, Hovey-Wright, Howze, Huuki, Jackson, Jenkins, LaFontaine, Lane, LeBlanc, Liss, Lori, Lund, Lyons, MacGregor, McBroom, Muxlow, O’Brien, Oakes, Olson, Opsommer, Pscholka, Scott, Segal, Slavens, Smiley, Somerville, Stallworth, Stamas, Stapleton, Tyler, Walsh and Womack were named co‑sponsors of the bill.

Second Reading of Bills

House Bill No. 4415, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2010 PA 185.

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

The motion prevailed.

House Bill No. 4441, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 22208 and 22223 (MCL 333.22208 and 333.22223), section 22208 as amended by 1993 PA 88 and section 22223 as added by 1988 PA 332; and to repeal acts and parts of acts.

Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Health Policy,

The substitute (H-5) was not adopted, a majority of the members serving not voting therefor.

Rep. Foster moved to substitute (H-6) the bill.

The motion prevailed and the substitute (H-6) was 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. 4442, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2000 PA 216.

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

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

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

The motion prevailed.

House Bill No. 4443, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2006 PA 576.

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

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

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

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

House Bill Nos. 4564 4565 4566 4567 4568 4569 4570 4571 4572 4573 4574 4575 4576 4577

4578 4579

The Clerk announced that the following Senate bills had been received on Tuesday, April 26:

Senate Bill Nos. 169 172

Reports of Standing Committees

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

House Bill No. 4133, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 32.

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. Foster, Damrow, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens

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, April 26, 2011

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

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

House Bill No. 4003, entitled

With the recommendation that the bill be referred to the Committee on Families, Children, and Seniors.

Favorable Roll Call

To Report Out:

Yeas: Reps. Wayne Schmidt, Knollenberg, Denby, Lund, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Clemente and Melton

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Families, Children, and Seniors.

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, April 26, 2011

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

Absent: Reps. Gilbert, Barnett and Olumba

Excused: Reps. Gilbert, Barnett and Olumba

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, April 26, 2011

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

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, April 26, 2011

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

Absent: Reps. Haveman and Kowall

Excused: Reps. Haveman and Kowall

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, April 26, 2011

Present: Reps. Kurtz, Haines, Heise, Hooker, Rendon, Slavens and Stapleton

Absent: Reps. O’Brien and Lane

Excused: Reps. O’Brien and Lane

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 26, 2011

Present: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, Olson, Ouimet, Constan, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs

Absent: Rep. O’Brien

Excused: Rep. O’Brien

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 26, 2011

Present: Reps. Damrow, Haines, Tyler, Callton, Zorn, Nathan, Darany, Smiley, Liss and Clemente

Absent: Rep. Franz

Excused: Rep. Franz

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 26, 2011

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

Messages from the Senate

Senate Bill No. 169, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; to provide anticipated appropriations for the fiscal year ending September 30, 2013; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

The Senate has passed the bill.

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

Senate Bill No. 172, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2012; to provide for the expenditure of those appropriations; to provide anticipated appropriations for the fiscal year ending September 30, 2013; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Constan, Slavens, Darany, Cavanagh and Kandrevas introduced

House Bill No. 4580, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2007a.

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

Rep. Callton introduced

House Bill No. 4581, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 696a.

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

Reps. Daley, Rendon, Kurtz, Jenkins, Heise, Goike, Damrow, Bumstead, Johnson, McBroom, Horn, Zorn, O’Brien, Denby, Outman, Muxlow, Kowall, Cotter, Haveman, LaFontaine, Shaughnessy, Glardon, Tyler, Oakes, Lane, Ananich, Kandrevas, Durhal, Geiss, Dillon, Haugh, Lipton, Hovey-Wright, Segal, Townsend, Talabi, Rutledge, Stallworth, Howze, Olumba, Bledsoe, Santana and Nathan introduced

House Bill No. 4582, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9 (MCL 211.9), as amended by 2008 PA 337.

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

Reps. Santana, Rendon, Kurtz, Jenkins, Heise, Goike, Damrow, Bumstead, Johnson, McBroom, Horn, Zorn, O’Brien, Denby, Outman, Muxlow, Kowall, Cotter, Haveman, LaFontaine, Shaughnessy, Glardon, Tyler, Oakes, Lane, Ananich, Kandrevas, Durhal, Geiss, Dillon, Haugh, Lipton, Hovey-Wright, Segal, Townsend, Talabi, Rutledge, Stallworth, Howze, Olumba, Bledsoe, Daley and Nathan introduced

House Bill No. 4583, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9 (MCL 211.9), as amended by 2008 PA 337.

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

Rep. Opsommer introduced

House Bill No. 4584, entitled

A bill to amend 2010 PA 370, entitled “Michigan professional employer organization regulatory act,” by amending sections 7, 9, 15, 17, 19, 21, 23, and 27 (MCL 338.3727, 338.3729, 338.3735, 338.3737, 338.3739, 338.3741, 338.3743, and 338.3747).

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

______

Rep. Opsommer moved that the House adjourn.

The motion prevailed, the time being 3:15 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, April 27, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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