No. 48

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Wednesday, May 16, 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—present

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Darany—present Jackson—present Oakes—present Switalski—present

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

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

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

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

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

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

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

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

Genetski—present Lane—present

e/d/s = entered during session

Ms. Judy Coffey, of United Methodist Church of Cadillac in Cadillac, offered the following invocation:

“Gracious God,

We thank You for this new day; for Your grace, for Your wisdom and for Your mercy; we thank You for the blessing of democracy and for bringing us safely to this present hour.

These representatives have gathered in this place once again to do the work to which they have been called and elected. They come from different backgrounds and different places, yet they are joined together for a united goal ~ to lead our state in a way which will bring a sense of opportunity to each one of our citizens. The work which is done in this chamber will effect the lives of people they may never see and the sense of responsibility is so great.

We thank You, God, for their willingness to serve even when the days are long and the tasks seem insurmountable. We ask for Your wisdom and insight to guide in the decision making. We pray for compromise when there is impasse, for justice and mercy in their thoughts, words and actions and for a spirit of cooperation in their deliberations. May they might exercise their power and authority with kindness. Fill them with knowledge and wisdom so that resolutions adopted and laws enacted may meet the need for the good of our people within our state.

Most great God, You know the limits of human wisdom, our frailties and selfishness. We pray that the women and men of this place would seek justice and enjoy friendships that provide sound counsel and encouragement to each other.

May the warmth and smile of the loving God find its place in each person’s heart here today. Give to each one a clear vision that they may know where to stand and what to stand for in these difficult days.

Grant to all who serve in this House rest when weary, competence in their task and a deep appreciation of the trust that has been given to them by citizens of the state of Michigan.

May Your wisdom and compassion prevail as they seek to make this state a wonderful place for all its residents.

We also ask for the protection of the great men and women serving around the world who defend our democracy and for comfort and peace for their families who remain behind.

May the work of this day be blessed.

We pray these things in the sacred name of our Holy God. Amen.”

Notices

May 16, 2012

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

The following Members have requested the seat changes as listed below, and I concur with these changes, effective today.

Rep. Slavens to Seat 107

Rep. Constan to Seat 77

Rep. MacMaster to Seat 76

Rep. R. Schmidt to Seat 24

Rep. Lund to Seat 11

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Walsh, Barnett, Bauer, Darany, Geiss, Heise, Hooker, Horn, Huuki, Liss, Poleski, Slavens, Switalski and Tyler offered the following resolution:

House Resolution No. 267.

A resolution to commemorate the 200th anniversary of the War of 1812.

Whereas, The War of 1812 served as a crucial test for the United States Constitution and our newly established democratic republic; and

Whereas, Michigan was a significant battleground during the War of 1812; and

Whereas, At least seven land battles and four naval or amphibious actions were fought within Michigan’s boundaries; and

Whereas, Michigan served as a base for the first American invasion of British Canada in July 1812; and

Whereas, Michigan was the location of the first major event of the land war, the capture of Fort Mackinac by British and Indian forces on July 17; and

Whereas, Michigan played a critical role in the War of 1812, including the City of Detroit which was captured and occupied by British forces and the Battle of Frenchtown in Monroe County on January 22, 1813, where more than 900 soldiers from Michigan, Ohio, and Kentucky fought; and

Whereas, The War of 1812 left its mark on Michigan in many ways and the bicentennial of that conflict is worthy of observance for its impact on the history and development of our state; and

Whereas, Recognizing the bicentennial of the War of 1812 will increase awareness of Michigan’s cultural heritage and assist cultural economic development in this state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 200th anniversary of the War of 1812. We urge officials, civic leaders, local historians and the public to organize and hold special events in their communities in mid-June to help remember this important chapter in Michigan’s history.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Townsend, Barnett, Darany, Geiss, Liss, Slavens, Switalski and Talabi offered the following resolution:

House Resolution No. 268.

A resolution to declare May 16, 2012, as Hereditary Angioedema Awareness Day in the state of Michigan.

Whereas, Hereditary angioedema (HAE) is a rare and potentially life-threatening genetic disease, affecting between 1 in 10,000 and 1 in 50,000 people, leading to patients being undiagnosed or misdiagnosed for many years; and

Whereas, HAE is characterized by symptoms including episodes of edema or swelling in various body parts including the hands, feet, gastrointestinal tract, face, and airway; and

Whereas, Patients often experience swelling in the intestinal wall, causing bouts of excruciating abdominal pain, nausea, and vomiting, and swelling of the airway, which can lead to death by asphyxiation; and

Whereas, A defect in the gene that controls the C1-inhibitor blood protein causes production of either inadequate or non-functioning C1-inhibitor protein, leading to an inability to regulate complex biochemical interactions of blood based systems involved in disease fighting, inflammatory response, and coagulation; and

Whereas, HAE is an autosomal dominant disease, and 50 percent of patients with the disease inherited the defective gene from a parent, while the other 50 percent developed a spontaneous mutation of the C1-inhibitor gene at conception; and

Whereas, HAE patients often experience their first HAE attack during childhood or adolescence, and continue to suffer from subsequent attacks for the duration of their lives; and

Whereas, HAE attacks can be triggered by infections, minor injuries or dental procedures, emotional or mental stress, and certain hormonal or blood medications; and

Whereas, The onset or duration of an HAE attack can negatively affect a person’s physical, emotional, economic, educational, and social well-being due to activity limitations; and

Whereas, The annual cost for treatment per patient can exceed $500,000, causing a substantial economic burden; and

Whereas, There is a significant need for increased and normalized medical professional education regarding HAE; and

Whereas, There is also a significant need for further research on HAE to improve diagnosis and treatment options for patients; and

Whereas, We join with the many individuals who are afflicted by this disorder and support increased awareness of HAE by physicians and the public; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 16, 2012, as Hereditary Angioedema Awareness Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Bauer, Byrum, Brown, Slavens, Constan, Switalski, LeBlanc, Womack, Hovey-Wright, Pscholka, Barnett, Santana, Liss, Howze, Rutledge, Brunner, Lane, Stapleton, Dillon, Walsh, Lyons, Segal, Geiss, Meadows, Tlaib, Jackson, Townsend, Rogers, McCann, Haugh, Darany and Talabi offered the following resolution:

House Resolution No. 269.

A resolution to urge Congress to extend the 3.4 percent federal Stafford student loan rates and avoid a doubling of those rates to 6.8 percent on July 1st.

Whereas, Interest rates on federal student loans for low-income students are set to double to 6.8 percent, from the current 3.4 percent, on July 1, 2012, if Congress does not act. The change will cost the average college student borrower about $1,000 more for each year of school. With tuition costs also rising at about 8 percent a year, the effective cost of college will jump about 20 percent for the typical student relying on these loans; and

Whereas, Currently, about 7.4 million college students, about a third of all undergraduates, rely on subsidized Stafford student loans. These loans are based on need and targeted to low and moderate income students and families, giving them a chance to earn a college degree; and

Whereas, The average student debt is about $25,000 per student and overall U.S. student debt is more than $1 trillion, which is more than all the outstanding credit card debt in the United States. It is the highest level of student debt in American history, up almost 43 percent since 1996. This debilitating debt could trigger a financial meltdown like the mortgage crisis if students are unable to repay their loans; and

Whereas, Unlike debt incurred from mortgages, credit cards, medical bills, and even gambling losses, private student loans are not forgivable under bankruptcy laws. Most of today’s students are ill-equipped to deal with large debt. Most have never had experience with credit and median weekly earnings for 25-34 year olds have fallen 5 percent since 2001. Student loan debt can be garnished from wages and Social Security and those who default may ruin their credit and be unable to buy a home or car; and

Whereas, Young people today and future generations need higher education more than ever, to be able to pursue the American dream and become productive members of society. College graduates fare much better than their non-college peers, but the cost of a college education is increasingly out of reach for many. The millennial generation may be the first in America not to be better off than their parents. Students should not be prevented from acquiring an education because of cost, when it is increasingly becoming the only path to financial security in America; now, therefore, be it

Resolved by the House of Representatives, That we urge Congress to extend the 3.4 percent federal Stafford student loan rates and avoid a doubling of those rates to 6.8 percent on July 1st; 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 Education.

Reps. Brown, Barnett, Darany, Geiss, Liss, Slavens, Switalski, Talabi, Tlaib and Tyler offered the following resolution:

House Resolution No. 270.

A resolution to declare May 13-19, 2012, as Food Allergy Awareness Week in the state of Michigan.

Whereas, The Food Allergy & Anaphylaxis Network (FAAN) is a national nonprofit organization dedicated to educating the public about food allergies and anaphylaxis; and

Whereas, Each year, over 50,000 visits to the emergency room and hundreds of deaths are caused by food allergies; and

Whereas, It is estimated that approximately 12 million Americans have food allergies with 3 million being children; and

Whereas, Anaphylaxis is a systemic allergic reaction that involves the skin, respiratory tract, and cardiovascular system; and

Whereas, Eight foods account for 90 percent of all food-allergic reactions in the U.S.: milk, eggs, peanuts, tree nuts (e.g., walnuts, almonds, cashews, pistachios, pecans), wheat, soy, fish, and shellfish; and

Whereas, Even trace amounts of a food allergen can cause a reaction; and

Whereas, Food allergies are life-altering for everyone involved and require constant vigilance; and

Whereas, FAAN created Food Allergy Awareness Week in 1997 to educate others about food allergies; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 13-19, 2012, as Food Allergy Awareness Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Brown, LeBlanc, Barnett, Bauer, Darany, Geiss, Hooker, Liss, Segal, Slavens, Switalski, Talabi, Tlaib and Tyler offered the following resolution:

House Resolution No. 271.

A resolution to declare May 13-19, 2012, as Police Week in the state of Michigan.

Whereas, In 1962, President Kennedy proclaimed May 15th as National Peace Officers Memorial Day and the calendar week in which May 15th falls as National Police Week; and

Whereas, There are approximately 900,000 law enforcement officers serving in communities across the United States; and

Whereas, Some 60,000 assaults against law enforcement officers are reported each year, resulting in approximately 16,000 injuries; and

Whereas, The names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; and

Whereas, There are 362 new names of fallen heroes being added to the National Law Enforcement Officers Memorial this spring, including 40 officers killed so far in 2012 and 69 officers killed in 2011; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 13-19, 2012, as Police Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Moss, LeBlanc, Farrington, Denby, Heise, Haugh, Knollenberg, Barnett, Brown, Darany, Geiss, Haines, Horn, Liss, Poleski, Segal, Slavens, Switalski, Talabi, Tlaib and Tyler offered the following resolution:

House Resolution No. 272.

A resolution to declare May 17, 2012, as Chaldean American Day in the state of Michigan.

Whereas, One hundred thirty thousand Chaldeans, the largest population outside of Iraq, reside in the state of Michigan, and

Whereas, Chaldeans, since migrating to America during the 1920’s, have continued to use their strong work ethic to contribute to the growth of Michigan through the establishment of more than 15,000 Chaldean-owned businesses across the state; and

Whereas, The Chaldean population has consistently proven their entrepreneurial spirit with nearly sixty percent of the community owning at least one business and eighty percent of all food stores in the Detroit area alone; and

Whereas, The population of Chaldean Americans continues to grow in the state of Michigan, since the Iraqi Chaldean refugees began migrating in search of better economic, political, and religious opportunities; and

Whereas, The Chaldean American community works to help the refugees adjust and become contributing citizens to the Great Lakes State through business, philosophy, language, and cuisine; and

Whereas, The Chaldean Community Foundation provides social services to more than 8,000 people annually at their Sterling Heights and Southfield offices by advancing the needs of the Chaldean American community and the communities in which they live and work through education, charitable giving, and advocacy; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 17, 2012, as Chaldean American Day in the state of Michigan. We acknowledge the contributions of this innovative and entrepreneurial community as an important part of Michigan’s diverse history; and be it further

Resolved, That a copy of this resolution be sent to the Chaldean American Chamber of Commerce as evidence of the highest esteem of the members of the Michigan Legislature.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 148.

A resolution to encourage school boards throughout the state to establish policies that ensure that agricultural science courses count toward graduation.

(For text of resolution, see House Journal No. 86 of 2011, p. 2470.)

(The resolution was reported by the Committee on Education on May 9.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 153.

A resolution to encourage Michigan schools to offer foreign language classes in elementary school.

(For text of resolution, see House Journal No. 91 of 2011, p. 2573.)

(The resolution was reported by the Committee on Education on May 9.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Committee on Agriculture, by Rep. Daley, Chair, reported

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.

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

Nays: None

The Committee on Agriculture, by Rep. Daley, Chair, reported

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.

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

Nays: None

The Committee on Agriculture, by Rep. Daley, Chair, reported

House Resolution No. 256.

A resolution to memorialize the President of the United States and the United States Secretary of Agriculture to declare the Southwest Michigan fruit-growing region a disaster area in the wake of weather conditions that have devastated grape production.

(For text of resolution, see House Journal No. 44, p. 787.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Agriculture, by Rep. Daley, Chair, reported

House Resolution No. 264.

A resolution to memorialize the President of the United States and the United States Secretary of Agriculture to monitor closely the conditions of Northwest and North Central Michigan’s fruit crop to determine if disaster assistance is needed.

(For text of resolution, see House Journal No. 47, p. 834.)

With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 264.

A resolution to memorialize the President of the United States and the United States Secretary of Agriculture to monitor closely the conditions of Northwest and North Central and all of Michigan’s fruit crop to determine if disaster assistance is needed.

Whereas, Michigan produces a variety of fruits for export around the nation, Michigan’s fruit crop generates over $350 million in revenue annually and includes: apples, blueberries, tart cherries, sweet cherries, grapes, and other fruits. Eighty percent of the United States tart cherry crop is grown in Northwest and North Central Michigan. In addition, Michigan is the nation’s third largest apple-producing state with over 37,000 acres of land in apple production; and

Whereas, Unusually warm temperatures in the early spring have wreaked havoc on Northwest and North Central Michigan’s fruit crops. The early warmth caused plants to sprout prematurely putting them at risk of damage when devastating frost occurred in April. As of May 1, farmers are estimating that the frost has killed as much as 95 percent of the buds on tart cherries and possibly 80 percent of the buds on apple trees; and

Whereas, The U.S. Department of Agriculture offers several programs to help farmers recover financially from a natural disaster. In order for low-interest loans and other federal assistance to be available to the fruit growers, fruit growing areas in Northwest and North Central Michigan must be declared disasters areas; now therefore, be it

Resolved by the Michigan House of Representatives, that we memorialize the President of the United States and the United States Secretary of Agriculture to monitor closely the conditions of Northwest and North Central and all of Michigan’s fruit crop to determine if disaster assistance is needed; and be it further

Resolved, that copies of this resolution be transmitted to the President of the United States, the U.S. Secretary of Agriculture, and the members of the Michigan congressional delegation.

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 16, 2012

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

The Speaker laid before the House

House Resolution No. 256.

(For text of resolution, see House Journal No. 44, p. 787.)

(The resolution was reported by the Committee on Agriculture on May 16.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 264.

(For text of resolution, see House Journal No. 47, p. 834.)

(The resolution was reported by the Committee on Agriculture on May 16, with substitute (H-1).)

(For substitute, see today’s Journal p. 856.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

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

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 5444, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4r (MCL 205.54r), as amended by 2004 PA 173.

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

The motion prevailed.

House Bill No. 5445, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4k (MCL 205.94k), as amended by 2009 PA 54.

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

The motion prevailed.

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.

The bill was read a second time.

Rep. Lund moved to amend the bill as follows:

1. Amend page 3, line 1, by striking out all of enacting section 1 and renumbering the remaining enacting section.

The motion prevailed and the amendment 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.

______

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 Wednesday, May 16:

House Bill Nos. 5624 5625 5626 5627 5628 5629 5630 5631 5632 5633 5634 5635 5636 5637

5638 5639 5640

Senate Bill Nos. 1123 1124 1125 1126 1127 1128 1129 1130

The Clerk announced that the following Senate bills had been received on Wednesday, May 16:

Senate Bill Nos. 126 127

Reports of Standing Committees

The Committee on Government Operations, by Rep. Stamas, Chair, reported

Senate Bill No. 543, entitled

A bill to amend 1953 PA 192, entitled “An act to create a county department of veterans’ affairs in certain counties, and to prescribe its powers and duties; and to transfer the powers and duties of the soldiers’ relief commission in such counties,” by amending section 1 (MCL 35.621), as amended by 2004 PA 11.

With the recommendation that the bill be referred to the Committee on Military and Veterans Affairs and Homeland Security.

Favorable Roll Call

To Report Out:

Yeas: Reps. Stamas, Nesbitt, McMillin, Barnett and Kandrevas

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Military and Veterans Affairs and Homeland Security.

The Committee on Government Operations, by Rep. Stamas, Chair, reported

Senate Bill No. 640, entitled

A bill to amend 1911 PA 209, entitled “An act to adopt and prescribe the design of a state coat-of-arms and state flag, and their use, and to prohibit the use of the same for advertising purposes, and to provide a punishment for such forbidden use,” (MCL 2.21 to 2.27) by amending the title and by adding section 2a.

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. Stamas, Nesbitt, McMillin and Kandrevas

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stamas, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Wednesday, May 16, 2012

Present: Reps. Stamas, Nesbitt, McMillin, Barnett and Kandrevas

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

House Bill No. 4243, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2010 PA 346.

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

House Bill No. 4244, entitled

A bill to establish the boy scouts of Michigan 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.

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

House Bill No. 4497, entitled

A bill to establish the American Red Cross Michigan 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.

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

House Bill No. 4498, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2010 PA 346.

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

House Bill No. 4518, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2010 PA 346.

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

House Bill No. 4519, entitled

A bill to establish the Michigan Alzheimer’s association 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.

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

House Bill No. 4631, entitled

A bill to establish the special Olympics Michigan 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.

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

House Bill No. 4632, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2010 PA 346.

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

House Bill No. 5001, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2010 PA 346.

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

House Bill No. 5323, entitled

A bill to establish the ALS of Michigan (“Lou Gehrig’s disease”) fund in the department of treasury; to provide for the distribution of the money from the funds; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

House Bill No. 5324, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2010 PA 346.

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

House Bill No. 5463, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 4 (MCL 125.1654), as amended by 2006 PA 279, and by adding section 28a.

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, Constan, Barnett, Kandrevas, Meadows, Townsend and Hobbs

Nays: None

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

House Bill No. 5543, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 27a (MCL 205.27a), as amended by 2011 PA 304.

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. 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. 5621, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34d (MCL 211.34d), as amended by 2007 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. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Constan, Barnett, Kandrevas, Meadows, Townsend and Hobbs

Nays: None

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

Senate Bill No. 322, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 44a (MCL 211.44a), as amended by 2008 PA 498.

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, Meadows and Hobbs

Nays: None

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

Senate Bill No. 323, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 34d, 35, and 37 (MCL 211.34d, 211.35, and 211.37), section 34d as amended by 2007 PA 31, section 35 as amended by 2002 PA 620, and section 37 as amended by 2009 PA 49.

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 and Hobbs

Nays: None

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

Senate Bill No. 324, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2010 PA 346.

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

Senate Bill No. 325, entitled

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

Senate Bill No. 381, entitled

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas and Hobbs

Nays: None

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

Senate Bill No. 382, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2010 PA 346.

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, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas 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, May 16, 2012

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 16, 2012

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

Absent: Rep. Bumstead

Excused: Rep. Bumstead

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, May 16, 2012

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

Messages from the Senate

Senate Bill No. 126, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2008 PA 439.

The Senate has passed the bill.

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

Senate Bill No. 127, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2008 PA 438.

The Senate has passed the bill.

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

Messages from the Governor

Date: May 16, 2012

Time: 1:08 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5178 (Public Act No. 135, I.E.), being

An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 7u (MCL 211.7u), as amended by 2003 PA 140.

(Filed with the Secretary of State May 16, 2012, at 1:24 p.m.)

Date: May 15, 2012

Time: 10:52 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5186 (Public Act No. 137, I.E.), being

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

(Filed with the Secretary of State May 16, 2012, at 1:28 p.m.)

Introduction of Bills

Rep. O’Brien introduced

House Bill No. 5641, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 7 and 8d (MCL 722.627 and 722.628d), section 7 as amended by 2011 PA 70 and section 8d as amended by 2006 PA 618.

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

Reps. Dillon, McCann, LeBlanc, Lindberg, Nathan, Darany, Roy Schmidt, Daley, Callton, Greimel and Meadows introduced

House Bill No. 5642, 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.

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

Reps. Lori, Haines, Tyler, Graves, Wayne Schmidt and Hobbs introduced

House Bill No. 5643, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17755 (MCL 333.17755) and by adding section 17755a.

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

Reps. Bledsoe, Durhal, Santana, Tlaib, Hovey-Wright, Stapleton, Barnett, Stallworth, Talabi, Stanley, Lipton, Howze and Oakes introduced

House Bill No. 5644, entitled

A bill to amend 2006 PA 309, entitled “Self-defense act,” by amending section 4 (MCL 780.974); and to repeal acts and parts of acts.

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

Reps. Nesbitt, Genetski, Glardon and Horn introduced

House Bill No. 5645, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2009 PA 205.

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

Rep. Wayne Schmidt introduced

House Bill No. 5646, entitled

A bill to amend 2003 PA 260, entitled “Tax reverted clean title act,” by amending section 5 (MCL 211.1025) and by adding section 5a; and to repeal acts and parts of acts.

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

Announcements by the Clerk

May 15, 2012

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

Performance audit of the Bureau of Elections, Department of State, May 2012.

Gary L. Randall

Clerk of the House

______

Rep. Meadows moved that the House adjourn.

The motion prevailed, the time being 2:55 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, May 17, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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