No. 4

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Thursday, January 19, 2012.

12:00 Noon.

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—present 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—excused O’Brien—present Stapleton—excused

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

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

Dillon—present Johnson—present Olumba—present 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

Rep. Bob Genestki, from the 88th District, offered the following invocation:

“Most Loving Father in Heaven-

We thank You for this day and for all You have given us and we realize that it is so very very much.

We thank You for the tremendous and awesome responsibility You have granted each of us - to serve our brothers and sisters from throughout Michigan in this esteemed chamber. In this capacity Lord, we pray that we are guided by the Holy Spirit to do what is right. For we know through the Book of Proverbs that ‘Righteousness protects the innocent’ [13: 6] and ‘The righteous are like a light shining brightly’ [13:9].

We ask that You watch over us as we travel icy roads this season at all hours of the day; and be with our families as we, so often in this job, can not be home with them.

We ask dear Father that You forgive us for our transgressions, especially those in which we have harmed one of Your children. We pray that through Your divine mercy, we may see an opportunity to make things good with those we have sinned against and with You our redeemer.

We ask Father that You remind us that our calling is to serve others humbly as You remind us in the Book of Luke where it is written, ‘For those who make themselves great will be humbled, and those who humble themselves will be made great’ [14:11].

Father, we ask that You watch over the brave sons and daughters of Michigan and all of the states who serve our country throughout the globe to defend our country and bring freedom and liberty around the world.

We pray that You be with Michigan so that hard work and faith are rewarded and increased opportunity for all Your children becomes more evident with every passing day.

Lord God, our Maker, our Father and our Savior, we pray all of these things in Your son Jesus Christ’s name-

And all of God’s children said Amen.”

______

Rep. Segal moved that Reps. Jackson and Stapleton be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Slavens, Bauer, Liss, Dillon, Stanley, LeBlanc, Geiss, Haugh, Hobbs, Bledsoe, Constan, Lipton, Barnett, Switalski, Kandrevas, Brown, Segal, Tlaib, McCann, Darany, Townsend, Stapleton, Ananich, Oakes, Durhal, Goike, Heise, Hooker, Knollenberg, Lori, Poleski and Tyler offered the following resolution:

House Resolution No. 176.

A resolution to declare January 2012 as Blood Donor Month in the state of Michigan.

Whereas, January has been recognized as National Blood Donor Month for over forty years; and

Whereas, Blood is traditionally in short supply during the winter months; and

Whereas, Few blood centers can maintain more than a three-day supply of blood for transfusions; and

Whereas, Every two seconds someone in America needs blood, and approximately 40,000 units of red blood are needed every day; and

Whereas, Donating blood is a safe, life-saving and selfless gift that enhances the level of preparedness for each and every community in this nation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 2012 as Blood Donor Month in the state of Michigan. We urge all citizens to recognize and observe this occasion.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Slavens, Bauer, Liss, Dillon, Stanley, LeBlanc, Geiss, Haugh, Hobbs, Bledsoe, Constan, Lipton, Barnett, Townsend, Switalski, Kandrevas, Brown, Segal, McCann, Darany, Ananich, Oakes, Crawford, Durhal, Goike, Heise, Hooker, Knollenberg, Lori, Poleski and Tyler offered the following resolution:

House Resolution No. 177.

A resolution to declare January 2012 as School Board Recognition Month in the state of Michigan.

Whereas, Article VIII, Section 2 of Michigan’s Constitution of 1963 establishes that maintaining and supporting public education for Michigan’s youth is a basic duty of state government; and

Whereas, Michigan’s institutions of public education are the foundations on which we prosper economically, socially and intellectually; and

Whereas, The elected school board members are public servants who lead their school districts and communities and maintain excellence in education and instruction throughout the state; and

Whereas, School board members must be visionaries who are dedicated to our students and our state’s future. They must be designers of structures that create achievement and stewards of the public’s trust that utilize shared resources in such a way as to maximize each investment; and

Whereas, School board members are some of the strongest advocates for quality education and have established themselves as integral in the creation of public policy targeted at getting positive results; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 2012 as School Board Recognition Month in the state of Michigan. We urge all citizens to recognize and observe this occasion.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

House Bill No. 5131, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 17702, 17703, 17708, 17751, 17754, and 17763 (MCL 333.7405, 333.17702, 333.17703, 333.17708, 333.17751, 333.17754, and 333.17763), sections 7405, 17708, 17751, and 17763 as amended by 2011 PA 155 and sections 17702 and 17703 as amended and section 17754 as added by 2006 PA 672, and by adding section 17744.

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

Roll Call No. 1 Yeas—106

Agema Genetski Lindberg Price

Ananich Gilbert Lipton Pscholka

Barnett Glardon Liss Rendon

Bauer Goike Lori Rogers

Bledsoe Haines Lund Rutledge

Bolger Hammel Lyons Santana

Brown Haugh MacGregor Schmidt, R.

Brunner Haveman MacMaster Schmidt, W.

Bumstead Heise McBroom Segal

Byrum Hobbs McCann Shaughnessy

Callton Hooker McMillin Shirkey

Cavanagh Horn Meadows Slavens

Clemente Hovey-Wright Moss Smiley

Constan Howze Muxlow Somerville

Cotter Hughes Nathan Stallworth

Crawford Huuki Nesbitt Stamas

Daley Irwin O’Brien Stanley

Damrow Jacobsen Oakes Switalski

Darany Jenkins Olson Talabi

Denby Johnson Olumba Tlaib

Dillon Kandrevas Opsommer Townsend

Durhal Knollenberg Ouimet Tyler

Farrington Kowall Outman Walsh

Forlini Kurtz Pettalia Womack

Foster LaFontaine Poleski Yonker

Franz Lane Potvin Zorn

Geiss LeBlanc

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. 4978, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 307 and 811k (MCL 257.307 and 257.811k), section 307 as amended by 2008 PA 36 and section 811k as amended by 2006 PA 298, and by adding section 811s; 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. 2 Yeas—106

Agema Genetski Lindberg Price

Ananich Gilbert Lipton Pscholka

Barnett Glardon Liss Rendon

Bauer Goike Lori Rogers

Bledsoe Haines Lund Rutledge

Bolger Hammel Lyons Santana

Brown Haugh MacGregor Schmidt, R.

Brunner Haveman MacMaster Schmidt, W.

Bumstead Heise McBroom Segal

Byrum Hobbs McCann Shaughnessy

Callton Hooker McMillin Shirkey

Cavanagh Horn Meadows Slavens

Clemente Hovey-Wright Moss Smiley

Constan Howze Muxlow Somerville

Cotter Hughes Nathan Stallworth

Crawford Huuki Nesbitt Stamas

Daley Irwin O’Brien Stanley

Damrow Jacobsen Oakes Switalski

Darany Jenkins Olson Talabi

Denby Johnson Olumba Tlaib

Dillon Kandrevas Opsommer Townsend

Durhal Knollenberg Ouimet Tyler

Farrington Kowall Outman Walsh

Forlini Kurtz Pettalia Womack

Foster LaFontaine Poleski Yonker

Franz Lane Potvin Zorn

Geiss LeBlanc

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 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 307 and 811k (MCL 257.307 and 257.811k), section 307 as amended by 2011 PA 159 and section 811k as amended by 2006 PA 298, and by adding section 811s; 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.

Reps. Agema, Ananich, Barnett, Bauer, Brunner, Bumstead, Byrum, Callton, Cavanagh, Clemente, Cotter, Crawford, Damrow, Darany, Dillon, Durhal, Farrington, Forlini, Foster, Franz, Geiss, Genetski, Gilbert, Glardon, Goike, Haines, Haugh, Haveman, Heise, Hobbs, Hooker, Horn, Hovey-Wright, Howze, Hughes, Huuki, Irwin, Jacobsen, Jenkins, Johnson, Kandrevas, Knollenberg, Kowall, Kurtz, LaFontaine, Lane, LeBlanc, Lindberg, Lipton, Liss, Lori, Lund, Lyons, MacGregor, MacMaster, McBroom, McCann, McMillin, Meadows, Muxlow, Nathan, Nesbitt, O’Brien, Oakes, Olson, Olumba, Opsommer, Ouimet, Pettalia, Poleski, Potvin, Price, Rendon, Rogers, Rutledge, Santana, Roy Schmidt, Wayne Schmidt, Segal, Shaughnessy, Slavens, Smiley, Somerville, Stamas, Stanley, Switalski, Talabi, Tlaib, Townsend, Tyler, Walsh, Womack, Yonker and Zorn were named co‑sponsors of the bill.

Second 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 second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Redistricting and Elections,

The substitute (H-1) 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.

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 second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Redistricting and Elections,

The substitute (H-2) 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.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5046, entitled

A bill to amend 1978 PA 59, entitled “Condominium act,” by amending sections 31, 32, 33, and 90 (MCL 559.131, 559.132, 559.133, and 559.190), sections 31, 32, and 33 as amended by 1982 PA 538 and section 90 as amended by 2002 PA 283.

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

Roll Call No. 3 Yeas—100

Agema Genetski LeBlanc Price

Barnett Gilbert Lindberg Pscholka

Bauer Glardon Lipton Rendon

Bledsoe Goike Liss Rogers

Bolger Haines Lori Rutledge

Brown Hammel Lund Santana

Brunner Haugh Lyons Schmidt, R.

Bumstead Haveman MacGregor Schmidt, W.

Byrum Heise MacMaster Segal

Callton Hobbs McBroom Shaughnessy

Cavanagh Hooker McCann Shirkey

Clemente Horn Moss Slavens

Constan Hovey-Wright Muxlow Smiley

Cotter Howze Nathan Somerville

Crawford Hughes Nesbitt Stallworth

Daley Huuki O’Brien Stamas

Damrow Jacobsen Oakes Stanley

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Townsend

Durhal Knollenberg Ouimet Tyler

Farrington Kowall Outman Walsh

Forlini Kurtz Pettalia Womack

Foster LaFontaine Poleski Yonker

Franz Lane Potvin Zorn

Nays—6

Ananich Irwin Meadows Tlaib

Geiss McMillin

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5194, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1225 (MCL 380.1225), as amended by 2006 PA 285.

(The bill was received from the Senate on December 15, 2011, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 28, 2011, see House Journal No. 102 of 2011, p. 2943.)

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. 4 Yeas—103

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lindberg Rendon

Barnett Glardon Lipton Rogers

Bauer Goike Liss Rutledge

Bledsoe Haines Lori Santana

Bolger Hammel Lund Schmidt, R.

Brown Haugh Lyons Schmidt, W.

Brunner Haveman MacGregor Segal

Bumstead Heise MacMaster Shaughnessy

Byrum Hobbs McBroom Shirkey

Callton Hooker McCann Slavens

Cavanagh Horn McMillin Smiley

Clemente Hovey-Wright Meadows Somerville

Constan Howze Moss Stallworth

Cotter Hughes Muxlow Stamas

Crawford Huuki Nesbitt Stanley

Daley Irwin O’Brien Switalski

Damrow Jacobsen Oakes Talabi

Darany Jenkins Olson Tlaib

Denby Johnson Opsommer Townsend

Dillon Kandrevas Ouimet Tyler

Durhal Knollenberg Outman Walsh

Farrington Kowall Pettalia Womack

Forlini Kurtz Poleski Yonker

Foster LaFontaine Potvin Zorn

Geiss Lane Price

Nays—3

Franz Nathan Olumba

In The Chair: Walsh

The House agreed to the full title.

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

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

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

The Speaker laid before the House

House Bill No. 5195, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 17a (MCL 388.1617a), as amended by 2006 PA 342.

(The bill was received from the Senate on December 15, 2011, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 28, 2011, see House Journal No. 102 of 2011, p. 2943.)

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. 5 Yeas—103

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lindberg Rendon

Barnett Glardon Lipton Rogers

Bauer Goike Liss Rutledge

Bledsoe Haines Lori Santana

Bolger Hammel Lund Schmidt, R.

Brown Haugh Lyons Schmidt, W.

Brunner Haveman MacGregor Segal

Bumstead Heise MacMaster Shaughnessy

Byrum Hobbs McBroom Shirkey

Callton Hooker McCann Slavens

Cavanagh Horn McMillin Smiley

Clemente Hovey-Wright Meadows Somerville

Constan Howze Moss Stallworth

Cotter Hughes Muxlow Stamas

Crawford Huuki Nesbitt Stanley

Daley Irwin O’Brien Switalski

Damrow Jacobsen Oakes Talabi

Darany Jenkins Olson Tlaib

Denby Johnson Opsommer Townsend

Dillon Kandrevas Ouimet Tyler

Durhal Knollenberg Outman Walsh

Farrington Kowall Pettalia Womack

Forlini Kurtz Poleski Yonker

Foster LaFontaine Potvin Zorn

Geiss Lane Price

Nays—3

Franz Nathan Olumba

In The Chair: Walsh

The House agreed to the full title.

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

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

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

______

Rep. 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 Senate bills had been received on Thursday, January 19:

Senate Bill Nos. 685 717 778 853

Reports of Standing Committees

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

House Bill No. 4072, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80101, 80171, 80176, 80177, 80178, 80180, 80183, 80184, 80186, 80187, and 80190 (MCL 324.80101, 324.80171, 324.80176, 324.80177, 324.80178, 324.80180, 324.80183, 324.80184, 324.80186, 324.80187, and 324.80190), section 80101 as amended by 2004 PA 547, sections 80171, 80186, and 80190 as added by 1995 PA 58, sections 80176, 80177, and 80178 as amended by 2001 PA 12, section 80180 as amended by 2007 PA 8, and sections 80183, 80184, and 80187 as amended by 1996 PA 174, and by adding sections 80178a and 80178b.

With the recommendation that the substitute (H-3) 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. Heise, Gilbert, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan, Oakes, Brown and Cavanagh

Nays: None

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

House Bill No. 4073, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13g of chapter XVII (MCL 777.13g), as amended by 2003 PA 232.

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

1. Amend page 5, line 2, after “effect” by striking out the balance of the enacting section and inserting “October 1, 2012.”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Heise, Gilbert, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan, Oakes, Brown and Cavanagh

Nays: None

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

House Bill No. 4393, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2006 PA 443.

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: Rep. Olumba

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

House Bill No. 4725, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 80 (MCL 780.830), as added by 1988 PA 21, and by adding sections 19b and 48b.

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. Heise, Gilbert, Horn, Damrow, Muxlow, Jacobsen, Somerville, Cotter, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba

Nays: None

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

House Bill No. 4794, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 82101, 82127, 82128, 82129, 82136, 82139, 82140, 82142, 82143, 82144, 82146, and 82148 (MCL 324.82101, 324.82127, 324.82128, 324.82129, 324.82136, 324.82139, 324.82140, 324.82142, 324.82143, 324.82144, 324.82146, and 324.82148), section 82101 as amended by 2010 PA 371, section 82127 as amended by 2001 PA 12, sections 82128 and 82129 as amended by 1999 PA 22, sections 82136, 82142, and 82146 as added by 1995 PA 58, sections 82139, 82140, 82143, and 82144 as amended by 1996 PA 183, and section 82148 as amended by 2005 PA 175.

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. Heise, Gilbert, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan, Oakes, Brown and Cavanagh

Nays: None

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

House Bill No. 4795, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13g of chapter XVII (MCL 777.13g), as amended by 2003 PA 232.

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. Heise, Gilbert, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan, Oakes, Brown and Cavanagh

Nays: None

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

House Bill No. 5028, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81101, 81134, 81136, 81137, 81140, 81141, and 81144 (MCL 324.81101, 324.81134, 324.81136, 324.81137, 324.81140, 324.81141, and 324.81144), section 81101 as amended by 2009 PA 200, section 81134 as amended by 2001 PA 12, sections 81136 and 81141 as amended by 1996 PA 175, and sections 81137, 81140, and 81144 as added by 1995 PA 58, and by adding section 81140b; and to repeal acts and parts of acts.

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. Heise, Gilbert, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan, Oakes, Brown and Cavanagh

Nays: None

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

House Bill No. 5029, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13g of chapter XVII (MCL 777.13g), as amended by 2003 PA 232.

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. Heise, Gilbert, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan, Oakes, Brown and Cavanagh

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, January 19, 2012

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, January 19, 2012

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

Absent: Reps. Daley, Hughes, LaFontaine and Stapleton

Excused: Reps. Daley, Hughes, LaFontaine and Stapleton

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, January 19, 2012

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

Absent: Rep. Opsommer

Excused: Rep. Opsommer

Messages from the Senate

House Bill No. 4403, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1313 (MCL 600.1313), as amended by 2004 PA 12.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 4893, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16184 and 16185 (MCL 333.16184 and 333.16185), section 16184 as amended by 2006 PA 591 and section 16185 as amended by 2011 PA 55.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

Senate Bill No. 685, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section  40114 (MCL 324.40114), as amended by 2010 PA 87.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Senate Bill No. 717, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 43526a; and to repeal acts and parts of acts.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Senate Bill No. 778, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 30111b.

The Senate has passed the bill.

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

Senate Bill No. 853, entitled

A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending sections 29, 35, and 59 (MCL 256.649, 256.655, and 256.679).

The Senate has passed the bill.

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

Introduction of Bills

Rep. Damrow introduced

House Bill No. 5251, entitled

A bill to amend 1911 PA 235, entitled “An act to provide for the payment and reimbursement by counties, in certain cases upon application therefor, of expenses incurred in the burial of the bodies of honorably discharged members of the armed forces of the United States, or their spouses, and to repeal certain acts or parts of acts,” by amending section 1 (MCL 35.801), as amended by 2003 PA 290.

The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs and Homeland Security.

Rep. Damrow introduced

House Bill No. 5252, entitled

A bill to amend 1946 (1st Ex Sess) PA 9, entitled “An act to create the Michigan veterans’ trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act,” by amending section 2 (MCL 35.602).

The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs and Homeland Security.

Rep. Damrow introduced

House Bill No. 5253, entitled

A bill to amend 1965 PA 190, entitled “An act to provide for a system of uniformity of service for veterans,” by amending sections 1 and 2 (MCL 35.61 and 35.62), section 1 as amended by 1997 PA 131.

The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs and Homeland Security.

Reps. Lindberg, Constan, Segal, Liss, Bauer, Cavanagh, Slavens and Tlaib introduced

House Bill No. 5254, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 5 and 11 (MCL 169.205 and 169.211), section 5 as amended by 1999 PA 237 and section 11 as amended by 1996 PA 590, and by adding section 48.

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

Reps. Lindberg, Constan, Irwin, Cavanagh and Tlaib introduced

House Bill No. 5255, entitled

A bill to amend 1973 PA 196, entitled “An act to prescribe standards of conduct for public officers and employees; to create a state board of ethics and prescribe its powers and duties; and to prescribe remedies and penalties,” by amending sections 1 and 2 (MCL 15.341 and 15.342), section 1 as amended by 1980 PA 481 and section 2 as amended by 1984 PA 53.

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

Rep. Opsommer introduced

House Bill No. 5256, entitled

A bill to amend 1986 PA 268, entitled “Legislative council act,” (MCL 4.1101 to 4.1901) by adding section 204h.

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

Reps. Barnett and Pettalia introduced

House Bill No. 5257, entitled

A bill to amend 1915 PA 123, entitled “An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits,” by amending section 1a (MCL 565.451a).

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

Reps. Pettalia and Barnett introduced

House Bill No. 5258, entitled

A bill to amend 1937 PA 103, entitled “An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds,” by amending section 1 (MCL 565.201), as amended by 2007 PA 56.

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

Rep. LeBlanc introduced

House Bill No. 5259, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 32b (MCL 257.32b), as amended by 1983 PA 91.

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

Rep. LeBlanc introduced

House Bill No. 5260, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 3 of chapter XI (MCL 771.3), as amended by 2006 PA 655.

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

Rep. Hughes introduced

House Bill No. 5261, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2010 PA 75.

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

Rep. Lindberg introduced

House Bill No. 5262, entitled

A bill to regulate political activity; to regulate certain candidates and state officials; to require certain financial statements and reports; to regulate acceptance of certain payments and other items; to prescribe the powers and duties of certain state departments and state and local officials and employees; and to prescribe penalties and provide remedies.

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

Rep. Bledsoe moved that the House adjourn.

The motion prevailed, the time being 2:00 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, January 24, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

26 JOURNAL OF THE HOUSE [January 19, 2012] [No. 4

No. 4] [January 19, 2012] JOURNAL OF THE HOUSE 27

28 JOURNAL OF THE HOUSE [January 19, 2012] [No. 4

No. 4] [January 19, 2012] JOURNAL OF THE HOUSE 29

30 JOURNAL OF THE HOUSE [January 19, 2012] [No. 4

No. 4] [January 19, 2012] JOURNAL OF THE HOUSE 31

32 JOURNAL OF THE HOUSE [January 19, 2012] [No. 4

No. 4] [January 19, 2012] JOURNAL OF THE HOUSE 33

34 JOURNAL OF THE HOUSE [January 19, 2012] [No. 4

No. 4] [January 19, 2012] JOURNAL OF THE HOUSE 35

36 JOURNAL OF THE HOUSE [January 19, 2012] [No. 4

No. 4] [January 19, 2012] JOURNAL OF THE HOUSE 37

38 JOURNAL OF THE HOUSE [January 19, 2012] [No. 4