No. 6

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Wednesday, January 25, 2012.

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 Genetski—present LeBlanc—present Price—present

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Dillon—present Johnson—present Olumba—e/d/s Tlaib—present

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

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

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

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

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

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

e/d/s = entered during session

Pastor James Pettit, Senior Pastor of Griswold Street Baptist Church in Port Huron, offered the following invocation:

“My Lord, we are grateful for this moment to focus our attention on You in the midst of the legislative activity going on all through this building. Help each of us to understand that all of our moments are under Your watchful eye and because of this we can cast our cares upon You for You care for us.

I pray for the men and women in this room that have dedicated all that they are to serving the great state of Michigan. Help them in their moments of being mommy or daddy or grandma or grandpa. May these moments be filled with opportunity to love and care for their kids as the precious gifts that they are. Help those in this room that have moments filled with trying to make decisions about the best way to care for their aging parents. May these moments be filled with honor for their parents. Help those in this room that wear a wedding band to cherish their spouse by remaining loyal to the vows that united them as man and wife. Please protect them from infidelity in its many deceptive forms.

Finally, I pray that You grant great wisdom to the men and women of this chamber as they consider legislation that will be best for the state of Michigan. May their decisions protect the dignity of human life from conception to final natural breath, create an economic environment in which entrepreneurship thrives, provide protection for our citizens, and promote freedom to enjoy living the American dream throughout the beautiful land of Michigan.

In the name of the Lord Jesus Christ I humbly ask that You grant Your favor in every moment that the men and women of this chamber experience. We as the citizens of Michigan are grateful for them and ask that You guide them in the session now to come. Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

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

The motion prevailed.

Motions and Resolutions

Reps. Brown, Barnett, Constan, Darany, Liss, Lori and Slavens offered the following resolution:

House Resolution No. 179.

A resolution to declare January 2012 as Radon Action Month in the state of Michigan.

Whereas, Radon is a colorless, odorless, naturally occurring radioactive gas that threatens the health of our citizens; and

Whereas, Radon is the second leading cause of lung cancer deaths in the United States and the number one cause among non-smokers; and

Whereas, One in 15 homes across the U.S. has an elevated radon level; and

Whereas, Any home in Michigan may have an elevated level of radon, even if other homes in the same neighborhood do not; and

Whereas, Testing for radon is simple and inexpensive; and

Whereas, Identified radon problems can be fixed; and

Whereas, The Michigan House of Representatives and the U.S. Environmental Protection Agency are supporting efforts to encourage Americans to test their homes for radon, mitigate elevated levels of radon, and build new homes with radon-resistant materials and features; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 2012 as Radon Action Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

House Bill No. 4653, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 744 (MCL 168.744), as amended by 1995 PA 261, and by adding section 744a.

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

Roll Call No. 6 Yeas—106

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brown Haugh MacGregor Schmidt, W.

Brunner Haveman MacMaster Segal

Bumstead Heise McBroom Shaughnessy

Byrum Hobbs McCann Shirkey

Callton Hooker McMillin Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Moss Somerville

Constan Howze Muxlow Stallworth

Cotter Hughes Nathan Stamas

Crawford Huuki Nesbitt Stanley

Daley Irwin O’Brien Stapleton

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Jenkins Opsommer Tlaib

Dillon Johnson Ouimet Townsend

Durhal Kandrevas Outman Tyler

Farrington Knollenberg Pettalia Walsh

Forlini Kowall Poleski Womack

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zorn

Geiss Lane

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. 4656, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 931a.

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

Roll Call No. 7 Yeas—106

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brown Haugh MacGregor Schmidt, W.

Brunner Haveman MacMaster Segal

Bumstead Heise McBroom Shaughnessy

Byrum Hobbs McCann Shirkey

Callton Hooker McMillin Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Moss Somerville

Constan Howze Muxlow Stallworth

Cotter Hughes Nathan Stamas

Crawford Huuki Nesbitt Stanley

Daley Irwin O’Brien Stapleton

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Jenkins Opsommer Tlaib

Dillon Johnson Ouimet Townsend

Durhal Kandrevas Outman Tyler

Farrington Knollenberg Pettalia Walsh

Forlini Kowall Poleski Womack

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zorn

Geiss Lane

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. 4346, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 6 (MCL 205.96), as amended by 2004 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. 8 Yeas—106

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brown Haugh MacGregor Schmidt, W.

Brunner Haveman MacMaster Segal

Bumstead Heise McBroom Shaughnessy

Byrum Hobbs McCann Shirkey

Callton Hooker McMillin Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Moss Somerville

Constan Howze Muxlow Stallworth

Cotter Hughes Nathan Stamas

Crawford Huuki Nesbitt Stanley

Daley Irwin O’Brien Stapleton

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Jenkins Opsommer Tlaib

Dillon Johnson Ouimet Townsend

Durhal Kandrevas Outman Tyler

Farrington Knollenberg Pettalia Walsh

Forlini Kowall Poleski Womack

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zorn

Geiss Lane

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. 4804, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6 (MCL 205.56), as amended by 2004 PA 173.

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

Roll Call No. 9 Yeas—106

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brown Haugh MacGregor Schmidt, W.

Brunner Haveman MacMaster Segal

Bumstead Heise McBroom Shaughnessy

Byrum Hobbs McCann Shirkey

Callton Hooker McMillin Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Moss Somerville

Constan Howze Muxlow Stallworth

Cotter Hughes Nathan Stamas

Crawford Huuki Nesbitt Stanley

Daley Irwin O’Brien Stapleton

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Jenkins Opsommer Tlaib

Dillon Johnson Ouimet Townsend

Durhal Kandrevas Outman Tyler

Farrington Knollenberg Pettalia Walsh

Forlini Kowall Poleski Womack

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zorn

Geiss Lane

Nays—0

In The Chair: Walsh

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

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

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6 (MCL 205.56), as amended by 2011 PA 71.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Olumba entered the House Chambers.

House Bill No. 5081, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending the heading for part 1 and sections 1101, 1102, 1103, 1106, 1201, 1202, 1203, 1204, 1205, 1206, 2103, 2202, 2A103, 2A501, 2A518, 2A519, 2A527, 2A528, 3103, 4104, 4A105, 4A106, 4A204, 5103, 8102, and 9102 (MCL 440.1101, 440.1102, 440.1103, 440.1106, 440.1201, 440.1202, 440.1203, 440.1204, 440.1205, 440.1206, 440.2103, 440.2202, 440.2803, 440.2951, 440.2968, 440.2969, 440.2977, 440.2978, 440.3103, 440.4104, 440.4605, 440.4606, 440.4704, 440.5103, 440.8102, and 440.9102), sections 1201, 2103, 2A103, and 9102 as amended by 2000 PA 348, sections 1206, 4104, and 8102 as amended by 1998 PA 278, sections 2A501, 2A518, 2A519, 2A527, and 2A528 as added by 1992 PA 101, section 3103 as amended by 1993 PA 130, sections 4A105, 4A106, and 4A204 as added by 1992 PA 100, and section 5103 as amended by 1998 PA 488, and by adding a heading for part 3 and sections 1108, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, and 1310; 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. 10 Yeas—107

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brown Haugh MacGregor Schmidt, W.

Brunner Haveman MacMaster Segal

Bumstead Heise McBroom Shaughnessy

Byrum Hobbs McCann Shirkey

Callton Hooker McMillin Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Moss Somerville

Constan Howze Muxlow Stallworth

Cotter Hughes Nathan Stamas

Crawford Huuki Nesbitt Stanley

Daley Irwin O’Brien Stapleton

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Jenkins Olumba Tlaib

Dillon Johnson Opsommer Townsend

Durhal Kandrevas Ouimet Tyler

Farrington Knollenberg Outman Walsh

Forlini Kowall Pettalia Womack

Foster Kurtz Poleski Yonker

Franz LaFontaine Potvin Zorn

Geiss Lane Price

Nays—0

In The Chair: Walsh

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

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

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending the heading for part 1 and sections 1101, 1102, 1103, 1106, 1202, 1203, 1204, 1205, 1206, 2202, 2A501, 2A518, 2A519, 2A527, 2A528, 3103, 4A105, 4A106, 4A204, 5103, and 8102 (MCL 440.1101, 440.1102, 440.1103, 440.1106, 440.1202, 440.1203, 440.1204, 440.1205, 440.1206, 440.2202, 440.2951, 440.2968, 440.2969, 440.2977, 440.2978, 440.3103, 440.4605, 440.4606, 440.4704, 440.5103, and 440.8102), sections 1206 and 8102 as amended by 1998 PA 278, sections 2A501, 2A518, 2A519, 2A527, and 2A528 as added by 1992 PA 101, section 3103 as amended by 1993 PA 130, sections 4A105, 4A106, and 4A204 as added by 1992 PA 100, and section 5103 as amended by 1998 PA 488, and by adding a heading for part 3 and sections 1108, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, and 1310; 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. 5082, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 1201, 2103, 2104, 2310, 2323, 2401, 2503, 2505, 2506, 2509, 2605, 2705, 2A103, 2A514, 2A526, 4104, 4210, 7101, 7102, 7103, 7104, 7105, 7201, 7202, 7203, 7204, 7205, 7206, 7207, 7208, 7209, 7210, 7301, 7302, 7303, 7304, 7305, 7307, 7308, 7309, 7401, 7402, 7403, 7404, 7501, 7502, 7503, 7504, 7505, 7506, 7507, 7508, 7509, 7601, 7602, 7603, 8103, 9102, 9203, 9207, 9208, 9301, 9310, 9312, 9313, 9314, 9317, 9338, and 9601 (MCL 440.1201, 440.2103, 440.2104, 440.2310, 440.2323, 440.2401, 440.2503, 440.2505, 440.2506, 440.2509, 440.2605, 440.2705, 440.2803, 440.2964, 440.2976, 440.4104, 440.4210, 440.7101, 440.7102, 440.7103, 440.7104, 440.7105, 440.7201, 440.7202, 440.7203, 440.7204, 440.7205, 440.7206, 440.7207, 440.7208, 440.7209, 440.7210, 440.7301, 440.7302, 440.7303, 440.7304, 440.7305, 440.7307, 440.7308, 440.7309, 440.7401, 440.7402, 440.7403, 440.7404, 440.7501, 440.7502, 440.7503, 440.7504, 440.7505, 440.7506, 440.7507, 440.7508, 440.7509, 440.7601, 440.7602, 440.7603, 440.8103, 440.9102, 440.9203, 440.9207, 440.9208, 440.9301, 440.9310, 440.9312, 440.9313, 440.9314, 440.9317, 440.9338, and 440.9601), sections 1201, 2103, 2A103, 4210, 7503, 8103, 9102, 9203, 9207, 9208, 9301, 9310, 9312, 9313, 9314, and 9317 as amended and sections 9338 and 9601 as added by 2000 PA 348, sections 2A514 and 2A526 as added by 1992 PA 101, and section 4104 as amended by 1998 PA 278, and by adding section 7106 and part 7.

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

Roll Call No. 11 Yeas—107

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brown Haugh MacGregor Schmidt, W.

Brunner Haveman MacMaster Segal

Bumstead Heise McBroom Shaughnessy

Byrum Hobbs McCann Shirkey

Callton Hooker McMillin Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Moss Somerville

Constan Howze Muxlow Stallworth

Cotter Hughes Nathan Stamas

Crawford Huuki Nesbitt Stanley

Daley Irwin O’Brien Stapleton

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Jenkins Olumba Tlaib

Dillon Johnson Opsommer Townsend

Durhal Kandrevas Ouimet Tyler

Farrington Knollenberg Outman Walsh

Forlini Kowall Pettalia Womack

Foster Kurtz Poleski Yonker

Franz LaFontaine Potvin Zorn

Geiss Lane Price

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. 5083, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 2A103, 9102, 9105, 9307, 9311, 9316, 9317, 9326, 9406, 9408, 9502, 9503, 9507, 9515, 9516, 9518, 9521, and 9607 (MCL 440.2803, 440.9102, 440.9105, 440.9307, 440.9311, 440.9316, 440.9317, 440.9326, 440.9406, 440.9408, 440.9502, 440.9503, 440.9507, 440.9515, 440.9516, 440.9518, 440.9521, and 440.9607), sections 2A103, 9102, 9105, 9307, 9316, 9317, 9406, 9408, 9502, 9503, and 9507 as amended and sections 9326, 9518, and 9607 as added by 2000 PA 348, section 9311 as amended by 2005 PA 25, and sections 9515, 9516, and 9521 as amended by 2008 PA 383, and by adding part 8 to article 9; and to repeal acts and parts of acts.

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

Roll Call No. 12 Yeas—107

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brown Haugh MacGregor Schmidt, W.

Brunner Haveman MacMaster Segal

Bumstead Heise McBroom Shaughnessy

Byrum Hobbs McCann Shirkey

Callton Hooker McMillin Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Moss Somerville

Constan Howze Muxlow Stallworth

Cotter Hughes Nathan Stamas

Crawford Huuki Nesbitt Stanley

Daley Irwin O’Brien Stapleton

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Jenkins Olumba Tlaib

Dillon Johnson Opsommer Townsend

Durhal Kandrevas Ouimet Tyler

Farrington Knollenberg Outman Walsh

Forlini Kowall Pettalia Womack

Foster Kurtz Poleski Yonker

Franz LaFontaine Potvin Zorn

Geiss Lane Price

Nays—0

In The Chair: Walsh

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

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

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

The 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.

Second Reading of Bills

Senate Bill No. 130, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 321a (MCL 257.321a), as amended by 2004 PA 362.

The bill was read a second time.

Rep. Stamas moved to amend the bill as follows:

1. Amend page 6, line 2, after “parking” by inserting “OR, BEGINNING JANUARY 1, 2018, FAILED TO ANSWER 6 OR MORE PARKING VIOLATION NOTICES OR CITATIONS REGARDING ILLEGAL PARKING”.

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

Rep. Nathan moved to amend the bill as follows:

1. Amend page 6, line 1, after “(b)” by striking out “Failed” and inserting “EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, FAILED”.

2. Amend page 6, line 2, after “parking.” by inserting “HOWEVER, IF ON JANUARY 1, 2012 THE DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DETERMINES THAT A CITY, TOWNSHIP, OR VILLAGE HAS AN UNEMPLOYMENT RATE OF 25% OR MORE, THEN THE NUMBER OF PARKING VIOLATION NOTICES OR CITATIONS UNDER THIS SUBDIVISION SHALL BE AS FOLLOWS:

(i) BEGINNING JANUARY 1, 2013, 5 OR MORE.

(ii) BEGINNING JANUARY 1, 2014, 4 OR MORE.

(iii) BEGINNING JANUARY 1, 2015, 3 OR MORE.”.

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

Rep. Nathan moved to amend the bill as follows:

1. Amend page 6, line 1, after “answer” by striking out “3 or more” and inserting “THE FOLLOWING NUMBER OF”.

2. Amend page 6, line 2, after “parking” by striking out the period and inserting a colon and:

“(i) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, 5 OR MORE.

(ii) BEGINNING 2 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBPARAGRAPH, 4 OR MORE.

(iii) BEGINNING 3 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBPARAGRAPH, 3 OR MORE.”.

The motion did not prevail and the amendments were 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.

House Bill No. 4838, entitled

A bill to authorize interstate mutual aid for certain emergency responses; to provide for the recognition of certain credentials of emergency responders from other states; and to provide for certain civil immunity.

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

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

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

The motion prevailed.

House Bill No. 4116, entitled

A bill to amend 1846 RS 12, entitled “Of certain state officers,” (MCL 14.28 to 14.35) by adding section 32a.

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

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

Rep. Opsommer 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. Brown moved to amend the bill as follows:

1. Amend page 2, line 18, after “SHALL” by inserting “POST THE MEMORANDUM OF AGREEMENT ON THE GOVERNMENTAL UNIT’S WEBSITE AND”.

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

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

The motion prevailed.

House Bill No. 4658, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2008 PA 415.

The bill was read a second time.

Rep. Forlini moved to amend the bill as follows:

1. Amend page 5, line 17, after “BEFORE” by striking out “OCTOBER 1, 2011” and inserting “OCTOBER 1, 2012”.

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

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, January 24, for his approval of the following bills:

Enrolled House Bill No. 4403 at 3:40 p.m.

Enrolled House Bill No. 4893 at 3:42 p.m.

Enrolled House Bill No. 5194 at 3:44 p.m.

Enrolled House Bill No. 5195 at 3:46 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, January 25:

House Bill Nos. 5263 5264 5265 5266 5267 5268 5269 5270 5271 5272 5273 5274 5275 5276

5277 5278 5279 5280 5281 5282

Senate Bill Nos. 898 899 900 901 902 903 904 905 906 907 908

The Clerk announced that the following Senate bills had been received on Wednesday, January 25:

Senate Bill Nos. 204 630 631 632 633

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Gilbert, Chair, reported

House Bill No. 4618, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2010 PA 8.

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. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Constan, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs

Nays: None

The Committee on Tax Policy, by Rep. Gilbert, Chair, reported

House Bill No. 5178, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7u (MCL 211.7u), as amended by 2003 PA 140.

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. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Constan, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, January 25, 2012

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

The Committee on Transportation, by Rep. Opsommer, Chair, reported

Senate Bill No. 534, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811t.

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. Opsommer, Glardon, Daley, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Ouimet, Somerville, Geiss, Nathan, Liss, Byrum, Smiley and Roy Schmidt

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, January 25, 2012

Present: Reps. Opsommer, Glardon, Daley, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Ouimet, Somerville, Geiss, Talabi, Nathan, Liss, Byrum, Smiley and Roy Schmidt

Absent: Rep. Olson

Excused: Rep. Olson

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, January 25, 2012

Present: Reps. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Outman, Rendon, Muxlow, Brunner, Oakes, Talabi, Hovey-Wright, Segal and Smiley

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, January 25, 2012

Present: Reps. McMillin, Hooker, Crawford, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Lyons, Bumstead, Brown, Darany, Howze, Hobbs, Rutledge, Stallworth and Geiss

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Crawford, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, January 25, 2012

Present: Reps. Crawford, Yonker, Opsommer, Daley, McMillin, Stamas, Shirkey, Franz, McBroom, Rendon, Haugh, Byrum, Slavens and Rutledge

Absent: Rep. Womack

Excused: Rep. Womack

Messages from the Senate

House Bill No. 5192, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; 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 2011 PA 103.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:

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

Senate Bill No. 204, entitled

A bill to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 12 (MCL 46.412), as amended by 1982 PA 504.

The Senate has passed the bill.

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

Senate Bill No. 630, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1070 (MCL 600.1070), as added by 2004 PA 224.

The Senate has passed the bill.

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

Senate Bill No. 631, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 350a (MCL 750.350a), as amended by 2004 PA 223.

The Senate has passed the bill.

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

Senate Bill No. 632, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2004 PA 225.

The Senate has passed the bill.

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

Senate Bill No. 633, entitled

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

The Senate has passed the bill.

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

Notices

January 25, 2012

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

Pursuant to Section 214 of PA 62 of 2011, I am appointing the following member of the House to the Common Cut Score Committee:

Representative Ken Goike

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

January 25, 2012

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

Pursuant to Section 210a of PA 62 of 2011, I am appointing the following member of the House to the Credit Transfer Committee:

Representative Kevin Cotter

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Introduction of Bills

Reps. Stapleton, Liss, Talabi, Lipton, Stanley, Geiss, Howze, Cavanagh, Stallworth, Dillon, Smiley, Brunner, Hobbs, Darany, Roy Schmidt, Barnett, Bledsoe, Hovey-Wright, Nathan, Ananich, Rutledge, Irwin, Tlaib, Lane, Womack, Olumba and Oakes introduced

House Bill No. 5283, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2011 PA 255.

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

Rep. Walsh introduced

House Bill No. 5284, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145d (MCL 750.145d), as amended by 2000 PA 185.

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

Reps. Walsh, Nesbitt, Tyler and Hughes introduced

House Bill No. 5285, entitled

A bill to establish the liability of possessors of land for injuries to trespassers on the land and property of the trespassers.

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

Reps. Byrum, Haveman, Heise and Huuki introduced

House Bill No. 5286, entitled

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

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

Announcements by the Clerk

January 24, 2012

Received from the Auditor General a copy of the following audit report and/or report summary:

Performance audit of the Office of Aeronautics, Michigan Department of Transportation, January 2012.

Gary L. Randall

Clerk of the House

______

Rep. Barnett moved that the House adjourn.

The motion prevailed, the time being 3:00 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, January 26, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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