No. 49

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Thursday, May 17, 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 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—excused Stamas—present

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

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

Darany—present Jackson—e/d/s Oakes—present Switalski—present

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

Dillon—present Jenkins—present Olumba—excused 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—excused

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

Sister Khadigah Alasry, of Islamic Center of Detroit in Detroit, offered the following invocation:

“We begin in the name of God, the Beneficent, the Merciful and in wishing peace and blessings upon Jesus, Moses, David, Muhammad, and prophets who are known to us and those who are unknown to us.

We thank the Lord of the Worlds for bringing us together today to work towards peace and justice for all especially for those who are living without one or both. We ask The Most High to bless us with a pure intention because we know that sincerity yields light in all directions—inwardly and outwardly.

God revealed to us in Chapter 38, verse 25 of the Quran, ‘(David)! Verily! We have placed you as a successor on earth, so judge you between men in truth (and justice) and follow not your desire for it will mislead you.’ We ask The Judge, that is Our Lord, to instill an accurate moral compass in the chest of every person here today so we may work towards what is right and equitable for all of the citizens of Michigan, for we know that when we do what is right by even one person, we are doing right by the whole world. And we ask that You protect us from any self-serving interests that may find their way into the dialogue today.

We recognize that we are Your creation so we have faults and we have strengths that You have instilled in us—we ask the Lord of the Worlds to instill in us a humility that acts like a lens enabling us to recognize, without bias, the wisdom that You may bless us with today, where ever and in whomever that wisdom is present. Finally, we ask that You strengthen the bonds of community between this diverse group of caring individuals for we know that a strong community makes for a better world.

Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

Rep. Segal moved that Reps. Nathan, Olumba and Womack be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Johnson, Brown, Constan, Daley, Darany, Durhal, Heise, Horn, Hughes, Knollenberg, LeBlanc, Liss, Lori, Slavens, Talabi and Tyler offered the following resolution:

House Resolution No. 273.

A resolution to declare June 2, 2012, as Service Day in the state of Michigan.

Whereas, The people of this state have a long history of caring community involvement that has touched countless lives over the years; and

Whereas, Our state continues to work through a time of economic challenge that requires people to come together in aiding and supporting those in need. This has led to numerous instances of local efforts that promote charitable efforts; and

Whereas, There is a strong desire within this chamber to highlight the need for and encourage charitable acts of service throughout our state; and

Whereas, Several non-profit entities and religious institutions have expressed a desire to draw attention to the need for charitable involvement by coordinating a “Day of Service” in the state of Michigan; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 2, 2012, as Service Day in the state of Michigan. We urge citizens in every corner of our state to observe this occasion through community projects and acts of kindness toward others; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Franz, Liss, Roy Schmidt, Haines, Agema, Genetski, Tyler, Constan, Daley, Durhal, Heise, Horn, Hughes, Knollenberg, LeBlanc, Lori and Talabi offered the following resolution:

House Resolution No. 274.

A resolution to commemorate the Commanders Club of Michigan on its 50th anniversary.

Whereas, This resolution commemorates the 50-year anniversary of the founding of the Commanders Club of Michigan in 1962 by a group of business leaders and state government officials from around our state with the assistance of then-Governor John B. Swainson. The goal was to provide a formal organization to utilize the interest, time and facilities of the Honorary Commanders duly appointed to those positions in the Michigan military establishment; and

Whereas, The purpose of the club is to promote the best interests of the state of Michigan, particularly in the areas of maritime affairs; support the Michigan Department Military and Veterans Affairs and assist in the promotion and expansion of recruiting, training, and educational facilities of maritime oriented associations. Members are issued an honorary commission by the Governor, Adjutant General, and Secretary of State, under authority of the Michigan Constitution and Act 60 of the Michigan Public Acts of 1969; and

Whereas, The Commanders Club was instrumental in sponsoring the legislation in the Michigan Senate that helped to establish the Great Lakes Maritime Academy (GLMA) at Northwestern Michigan College in Traverse City in 1969. GLMA is one of only six state maritime academies authorized by the Federal government to train future merchant mariners. Commanders have also assisted with the establishment of legislation in water safety and boating controls in and on the Great Lakes; and

Whereas, The Commanders Club sponsors and provides financial support to youth ages 11 through 18 in two U.S. Naval Sea Cadet Units and two U.S. Navy League Cadet Units in Grand Rapids and Lansing, Michigan; and

Whereas, The Commanders Club has assisted the U.S. Navy with recruiting efforts in the Navy Nurse Corps and has supported Navy Recruiting District Michigan in their outreach and recruiting efforts. Michigan Commanders have also assisted in placing graduating Sea Cadets into all of the U.S. Service Academies, Navy ROTC, and other ROTC Programs, U.S. Navy, U.S. Army, U.S. Marine Corps, U.S. Coast Guard, and Michigan Army and Air National Guard; and

Whereas, The Commanders Club of Michigan offers an opportunity to be associated with other honorary Commanders who represent a broad cross-section of Michigan’s business, professional and government leadership. The man or woman who becomes a Michigan Commander shall follow the Navy’s core value of honor, courage, and commitment. They shall expect to find an opportunity to learn, be inspired, to be challenged and respected, and be proud to be a member of an organization committed to promoting the state of Michigan and its military and maritime establishment; now, therefore, be it

Resolved by the House of the Representatives, That the members of this legislative body commemorate the Commanders Club of Michigan on its 50th anniversary.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Slavens, Bledsoe, Geiss, Haugh, Dillon, McCann, Kandrevas, Brunner, Smiley, Greimel, Talabi, Townsend, Howze, Stallworth, Liss, Barnett, Bauer, Brown, Byrum, Constan, Daley, Darany, Durhal, Heise, Hughes, Knollenberg, LeBlanc, Lori and Tyler offered the following resolution:

House Resolution No. 275.

A resolution to declare May 2012 as Skin Cancer Awareness Month in the state of Michigan.

Whereas, Malignant melanoma is a serious skin cancer characterized by the uncontrolled growth of pigment-producing cells; and

Whereas, While melanoma can be caused by genetic factors or immune deficiencies, the most common cause is excessive exposure to ultraviolet radiation, particularly through multiple sunburns during childhood or exposure to tanning devices at a young age; and

Whereas, Melanoma is the most common form of cancer among people 25 to 29 years old and its incidence has doubled in the past two decades with over 120,000 new cases occurring each year. The American Cancer Society estimates that 75 percent of skin cancer deaths are due to melanoma with one death occurring in the United States every hour; and

Whereas, Melanoma is highly curable if detected early with a five-year survival rate of 98 percent when detected before spreading to the lymph nodes. However, if melanoma is detected in the regional stage or distant stage, the five-year survival rate falls to 62 percent and 16 percent, respectively; and

Whereas, The most effective method of detection is visual self-inspection for changes in the appearance of existing moles or blemishes or, for individuals with increased risk factors such as the existence of more than 50 moles or a past personal or family history of melanoma, a complete skin examination by a dermatologist at least annually; and

Whereas, The American Cancer Society and the American Academy of Dermatology have consistently promoted melanoma awareness through the encouragement of prevention, early detection, and annual screening for this potentially deadly disease; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 2012 as Skin Cancer Awareness Month in the state of Michigan. We call this observance to the attention of all our citizens.

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 5404, entitled

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

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5431, entitled

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

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 40, p. 700),

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

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

The motion prevailed.

House Bill No. 5432, entitled

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

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5433, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2010 PA 278.

The bill was read a second time.

Rep. Cotter 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. 5291, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 70.

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

Roll Call No. 269 Yeas—106

Agema Genetski Lane Price

Ananich Gilbert LeBlanc Pscholka

Barnett Glardon Lindberg Rendon

Bauer Goike Lipton Rogers

Bledsoe Graves Liss Rutledge

Bolger Greimel Lori Santana

Brown Haines Lund Schmidt, R.

Brunner Hammel Lyons Schmidt, W.

Bumstead Haugh MacGregor Segal

Byrum Haveman MacMaster Shaughnessy

Callton Heise McBroom Shirkey

Cavanagh Hobbs McCann Slavens

Clemente Hooker McMillin Smiley

Constan Horn Meadows Somerville

Cotter Hovey-Wright Moss Stallworth

Crawford Howze Muxlow Stamas

Daley Hughes Nesbitt Stanley

Damrow Huuki O’Brien Stapleton

Darany Irwin Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Opsommer Tlaib

Durhal Johnson Ouimet Townsend

Farrington Kandrevas Outman Tyler

Forlini Knollenberg Pettalia Walsh

Foster Kowall Poleski Yonker

Franz Kurtz Potvin Zorn

Geiss LaFontaine

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 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 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. Jackson entered the House Chambers.

House Bill No. 5496, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1076.

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

Roll Call No. 270 Yeas—107

Agema Genetski LaFontaine Price

Ananich Gilbert Lane Pscholka

Barnett Glardon LeBlanc Rendon

Bauer Goike Lindberg Rogers

Bledsoe Graves Lipton Rutledge

Bolger Greimel Liss Santana

Brown Haines Lori Schmidt, R.

Brunner Hammel Lund Schmidt, W.

Bumstead Haugh Lyons Segal

Byrum Haveman MacGregor Shaughnessy

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Constan Horn McMillin Somerville

Cotter Hovey-Wright Meadows Stallworth

Crawford Howze Moss Stamas

Daley Hughes Muxlow Stanley

Damrow Huuki Nesbitt Stapleton

Darany Irwin O’Brien Switalski

Denby Jackson Oakes Talabi

Dillon Jacobsen Olson Tlaib

Durhal Jenkins Opsommer Townsend

Farrington Johnson Ouimet Tyler

Forlini Kandrevas Outman Walsh

Foster Knollenberg Pettalia Yonker

Franz Kowall Poleski Zorn

Geiss Kurtz Potvin

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 question being on the motion made by Rep. Stamas,

Rep. Segal demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Stamas,

The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 271 Yeas—107

Agema Genetski LaFontaine Price

Ananich Gilbert Lane Pscholka

Barnett Glardon LeBlanc Rendon

Bauer Goike Lindberg Rogers

Bledsoe Graves Lipton Rutledge

Bolger Greimel Liss Santana

Brown Haines Lori Schmidt, R.

Brunner Hammel Lund Schmidt, W.

Bumstead Haugh Lyons Segal

Byrum Haveman MacGregor Shaughnessy

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Constan Horn McMillin Somerville

Cotter Hovey-Wright Meadows Stallworth

Crawford Howze Moss Stamas

Daley Hughes Muxlow Stanley

Damrow Huuki Nesbitt Stapleton

Darany Irwin O’Brien Switalski

Denby Jackson Oakes Talabi

Dillon Jacobsen Olson Tlaib

Durhal Jenkins Opsommer Townsend

Farrington Johnson Ouimet Tyler

Forlini Kandrevas Outman Walsh

Foster Knollenberg Pettalia Yonker

Franz Kowall Poleski Zorn

Geiss Kurtz Potvin

Nays—0

In The Chair: Walsh

House Bill No. 5504, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 76.

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

Roll Call No. 272 Yeas—107

Agema Genetski LaFontaine Price

Ananich Gilbert Lane Pscholka

Barnett Glardon LeBlanc Rendon

Bauer Goike Lindberg Rogers

Bledsoe Graves Lipton Rutledge

Bolger Greimel Liss Santana

Brown Haines Lori Schmidt, R.

Brunner Hammel Lund Schmidt, W.

Bumstead Haugh Lyons Segal

Byrum Haveman MacGregor Shaughnessy

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Constan Horn McMillin Somerville

Cotter Hovey-Wright Meadows Stallworth

Crawford Howze Moss Stamas

Daley Hughes Muxlow Stanley

Damrow Huuki Nesbitt Stapleton

Darany Irwin O’Brien Switalski

Denby Jackson Oakes Talabi

Dillon Jacobsen Olson Tlaib

Durhal Jenkins Opsommer Townsend

Farrington Johnson Ouimet Tyler

Forlini Kandrevas Outman Walsh

Foster Knollenberg Pettalia Yonker

Franz Kowall Poleski Zorn

Geiss Kurtz Potvin

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. 4591, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5k and 5o (MCL 28.425k and 28.425o), section 5k as added by 2000 PA 381 and section 5o as amended by 2008 PA 407.

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

Roll Call No. 273 Yeas—96

Agema Gilbert Lane Poleski

Ananich Glardon LeBlanc Potvin

Bolger Goike Lindberg Price

Brown Graves Lipton Pscholka

Brunner Greimel Liss Rendon

Bumstead Haines Lori Rogers

Byrum Hammel Lund Rutledge

Callton Haugh Lyons Santana

Cavanagh Haveman MacGregor Schmidt, R.

Clemente Heise MacMaster Schmidt, W.

Constan Hooker McBroom Segal

Cotter Horn McCann Shaughnessy

Crawford Howze McMillin Shirkey

Daley Hughes Meadows Slavens

Damrow Huuki Moss Smiley

Darany Jackson Muxlow Somerville

Denby Jacobsen Nesbitt Stamas

Dillon Jenkins O’Brien Stanley

Farrington Johnson Oakes Switalski

Forlini Kandrevas Olson Townsend

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Geiss Kurtz Outman Yonker

Genetski LaFontaine Pettalia Zorn

Nays—11

Barnett Durhal Irwin Talabi

Bauer Hobbs Stallworth Tlaib

Bledsoe Hovey-Wright Stapleton

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 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5k, 5l, and 5o (MCL 28.425k, 28.425l, and 28.425o), section 5k as added by 2000 PA 381, section 5l as amended by 2012 PA 32, and section 5o as amended by 2008 PA 407.

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. 5553, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 461 (MCL 18.1461), as amended by 1999 PA 8.

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

Roll Call No. 274 Yeas—107

Agema Genetski LaFontaine Price

Ananich Gilbert Lane Pscholka

Barnett Glardon LeBlanc Rendon

Bauer Goike Lindberg Rogers

Bledsoe Graves Lipton Rutledge

Bolger Greimel Liss Santana

Brown Haines Lori Schmidt, R.

Brunner Hammel Lund Schmidt, W.

Bumstead Haugh Lyons Segal

Byrum Haveman MacGregor Shaughnessy

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Constan Horn McMillin Somerville

Cotter Hovey-Wright Meadows Stallworth

Crawford Howze Moss Stamas

Daley Hughes Muxlow Stanley

Damrow Huuki Nesbitt Stapleton

Darany Irwin O’Brien Switalski

Denby Jackson Oakes Talabi

Dillon Jacobsen Olson Tlaib

Durhal Jenkins Opsommer Townsend

Farrington Johnson Ouimet Tyler

Forlini Kandrevas Outman Walsh

Foster Knollenberg Pettalia Yonker

Franz Kowall Poleski Zorn

Geiss Kurtz Potvin

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

Roll Call No. 275 Yeas—107

Agema Genetski LaFontaine Price

Ananich Gilbert Lane Pscholka

Barnett Glardon LeBlanc Rendon

Bauer Goike Lindberg Rogers

Bledsoe Graves Lipton Rutledge

Bolger Greimel Liss Santana

Brown Haines Lori Schmidt, R.

Brunner Hammel Lund Schmidt, W.

Bumstead Haugh Lyons Segal

Byrum Haveman MacGregor Shaughnessy

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Constan Horn McMillin Somerville

Cotter Hovey-Wright Meadows Stallworth

Crawford Howze Moss Stamas

Daley Hughes Muxlow Stanley

Damrow Huuki Nesbitt Stapleton

Darany Irwin O’Brien Switalski

Denby Jackson Oakes Talabi

Dillon Jacobsen Olson Tlaib

Durhal Jenkins Opsommer Townsend

Farrington Johnson Ouimet Tyler

Forlini Kandrevas Outman Walsh

Foster Knollenberg Pettalia Yonker

Franz Kowall Poleski Zorn

Geiss Kurtz Potvin

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.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore O’Brien to the Chair.

Second Reading of Bills

House Bill No. 5562, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2008 PA 577, and by adding section 136d.

The bill was read a second time.

Rep. Meadows moved to amend the bill as follows:

1. Amend page 2, line 21, after “imprisonment” by striking out the balance of the subsection and inserting “FOR LIFE OR ANY TERM OF YEARS.”.

2. Amend page 3, line 12, after “NOT” by striking out “LESS THAN 2 YEARS OR”.

3. Amend page 3, line 14, after “NOT” by striking out “LESS THAN 4 YEARS OR”.

4. Amend page 4, line 22, after “(A)” by striking out “EXCEPT AS PROVIDED IN SUBDIVISION (B), IF” and inserting “IF”.

5. Amend page 4, line 26, by striking out all of subdivision (B) and relettering the remaining subdivisions.

6. Amend page 5, line 2, after “SUBDIVISION” by striking out “(D)” and inserting “(C)”.

7. Amend page 5, line 4, after “NOT” by striking out “LESS THAN 2 YEARS OR”.

8. Amend page 5, line 7, after “NOT” by striking out “LESS THAN 4 YEARS OR”.

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

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

The motion prevailed.

Rep. Stamas moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5562, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2008 PA 577, and by adding section 136d.

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

Roll Call No. 276 Yeas—107

Agema Genetski LaFontaine Price

Ananich Gilbert Lane Pscholka

Barnett Glardon LeBlanc Rendon

Bauer Goike Lindberg Rogers

Bledsoe Graves Lipton Rutledge

Bolger Greimel Liss Santana

Brown Haines Lori Schmidt, R.

Brunner Hammel Lund Schmidt, W.

Bumstead Haugh Lyons Segal

Byrum Haveman MacGregor Shaughnessy

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Constan Horn McMillin Somerville

Cotter Hovey-Wright Meadows Stallworth

Crawford Howze Moss Stamas

Daley Hughes Muxlow Stanley

Damrow Huuki Nesbitt Stapleton

Darany Irwin O’Brien Switalski

Denby Jackson Oakes Talabi

Dillon Jacobsen Olson Tlaib

Durhal Jenkins Opsommer Townsend

Farrington Johnson Ouimet Tyler

Forlini Kandrevas Outman Walsh

Foster Knollenberg Pettalia Yonker

Franz Kowall Poleski Zorn

Geiss Kurtz Potvin

Nays—0

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

Reps. Ananich, Barnett, Bauer, Bledsoe, Brown, Brunner, Byrum, Constan, Cotter, Crawford, Damrow, Darany, Denby, Dillon, Durhal, Farrington, Foster, Gilbert, Graves, Greimel, Haines, Haugh, Haveman, Heise, Hooker, Horn, Hovey-Wright, Hughes, Huuki, Irwin, Jackson, Jenkins, Knollenberg, Kurtz, LaFontaine, LeBlanc, Liss, Lyons, MacMaster, McCann, Meadows, O’Brien, Oakes, Olson, Opsommer, Pettalia, Poleski, Potvin, Price, Rendon, Rutledge, Santana, Wayne Schmidt, Segal, Shaughnessy, Slavens, Smiley, Somerville, Stamas, Stapleton, Switalski, Talabi, Tlaib and Tyler were named co‑sponsors of the bill.

Second Reading of Bills

House Bill No. 5563, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2008 PA 521.

The bill was read a second time.

Rep. Meadows moved to amend the bill as follows:

1. Amend page 2, line 2, by striking out all of lines 2 and 3 and inserting:

“750.136B(2) PERSON A FIRST DEGREE CHILD ABUSE LIFE”.

2. Amend page 2, line 8, after the second “CHILD” by striking out “ - FIRST OFFENSE”.

3. Amend page 2, line 9, by striking out all of line 9.

4. Amend page 2, line 10, by striking out “750.136D(1)(C)” and inserting “750.136D(1)(B)”.

5. Amend page 2, line 11, by striking out “750.136D(1)(D)” and inserting “750.136D(1)(C)”.

6. Amend page 2, line 12, by striking out “750.136D(1)(E)” and inserting “750.136D(1)(D)”.

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

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

The motion prevailed.

Rep. Stamas moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5563, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2008 PA 521.

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

Roll Call No. 277 Yeas—107

Agema Genetski LaFontaine Price

Ananich Gilbert Lane Pscholka

Barnett Glardon LeBlanc Rendon

Bauer Goike Lindberg Rogers

Bledsoe Graves Lipton Rutledge

Bolger Greimel Liss Santana

Brown Haines Lori Schmidt, R.

Brunner Hammel Lund Schmidt, W.

Bumstead Haugh Lyons Segal

Byrum Haveman MacGregor Shaughnessy

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Constan Horn McMillin Somerville

Cotter Hovey-Wright Meadows Stallworth

Crawford Howze Moss Stamas

Daley Hughes Muxlow Stanley

Damrow Huuki Nesbitt Stapleton

Darany Irwin O’Brien Switalski

Denby Jackson Oakes Talabi

Dillon Jacobsen Olson Tlaib

Durhal Jenkins Opsommer Townsend

Farrington Johnson Ouimet Tyler

Forlini Kandrevas Outman Walsh

Foster Knollenberg Pettalia Yonker

Franz Kowall Poleski Zorn

Geiss Kurtz Potvin

Nays—0

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

Reps. Ananich, Barnett, Bauer, Bledsoe, Brown, Brunner, Byrum, Constan, Cotter, Crawford, Damrow, Darany, Denby, Durhal, Farrington, Geiss, Gilbert, Greimel, Haveman, Heise, Hooker, Horn, Howze, Hughes, Jackson, Jenkins, Knollenberg, Kurtz, Lane, LeBlanc, Lindberg, Liss, Lyons, MacGregor, Meadows, O’Brien, Oakes, Olson, Opsommer, Poleski, Rendon, Roy Schmidt, Wayne Schmidt, Segal, Slavens, Smiley, Somerville, Stallworth, Stamas, Stanley, Stapleton, Switalski, Talabi, Tlaib, Tyler and Zorn were named co‑sponsors of the bill.

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

Roll Call No. 278 Yeas—107

Agema Genetski LaFontaine Price

Ananich Gilbert Lane Pscholka

Barnett Glardon LeBlanc Rendon

Bauer Goike Lindberg Rogers

Bledsoe Graves Lipton Rutledge

Bolger Greimel Liss Santana

Brown Haines Lori Schmidt, R.

Brunner Hammel Lund Schmidt, W.

Bumstead Haugh Lyons Segal

Byrum Haveman MacGregor Shaughnessy

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Constan Horn McMillin Somerville

Cotter Hovey-Wright Meadows Stallworth

Crawford Howze Moss Stamas

Daley Hughes Muxlow Stanley

Damrow Huuki Nesbitt Stapleton

Darany Irwin O’Brien Switalski

Denby Jackson Oakes Talabi

Dillon Jacobsen Olson Tlaib

Durhal Jenkins Opsommer Townsend

Farrington Johnson Ouimet Tyler

Forlini Kandrevas Outman Walsh

Foster Knollenberg Pettalia Yonker

Franz Kowall Poleski Zorn

Geiss Kurtz Potvin

Nays—0

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

Rep. 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 Wednesday, May 16:

Senate Bill Nos. 907 1090

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, May 17:

House Bill Nos. 5641 5642 5643 5644 5645 5646

The Clerk announced that the following Senate bills had been received on Thursday, May 17:

Senate Bill Nos. 616 901 902 903 1001 1030 1034 1040 1077 1085 1119

Reports of Standing Committees

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

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.

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, Olson, Ouimet, Somerville, Geiss, Talabi, Nathan, Liss, Byrum and Smiley

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, May 16, 2012

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

Absent: Rep. Roy Schmidt

Excused: Rep. Roy Schmidt

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 5089, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17775.

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. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Graves, Liss, Darany, Segal and Hovey-Wright

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 5090, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17776.

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. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Graves, Liss, Darany, Segal and Hovey-Wright

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 5315, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 724 (MCL 330.1724), as amended by 1995 PA 290.

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. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Graves, Liss, Darany, Segal, Hovey-Wright and Greimel

Nays: None

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, May 17, 2012

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

Absent: Rep. Womack

Excused: Rep. Womack

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

House Bill No. 5282, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 231a (MCL 750.231a), as amended by 2008 PA 196.

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. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter and Graves

Nays: Rep. Irwin

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

Senate Bill No. 760, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222 and 223 (MCL 750.222 and 750.223), section 222 as amended by 2001 PA 135 and section 223 as amended by 1992 PA 221.

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. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown and Irwin

Nays: None

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

Senate Bill No. 761, 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. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown and Irwin

Nays: None

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

Senate Bill No. 762, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2951 (MCL 600.2951), as added by 1982 PA 186.

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. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown and Irwin

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, May 17, 2012

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

Absent: Rep. Olumba

Excused: Rep. 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, May 17, 2012

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

Absent: Rep. LaFontaine

Excused: Rep. LaFontaine

Notices

May 17, 2012

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr Clerk:

I hereby make the following changes to the House Standing Committees for the 2011-2012 Legislative Session:

Agriculture

Add Rep. Callton

Insurance

Add Rep. Nathan

Remove Rep. Callton

Energy and Technology

Rep. Stallworth III to be Minority Vice Chair

Add Rep. Greimel

Remove Rep. Haveman

Transportation

Remove Rep. Daley

Add Rep. Santana

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Introduction of Bills

Reps. Bumstead, Genetski, Wayne Schmidt, Pscholka, Haveman, Foster, O’Brien, MacMaster, Franz, Tyler, Pettalia, McBroom, Rendon, McMillin, Moss, Goike, Damrow, Lyons, Potvin, Huuki and Agema introduced

House Bill No. 5647, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 35301, 35302, 35304, 35305, 35306, 35310, 35311, 35312, 35313, 35316, 35317, 35319, 35320, 35321, 35322, and 35323 (MCL 324.35301, 324.35302, 324.35304, 324.35305, 324.35306, 324.35310, 324.35311, 324.35312, 324.35313, 324.35316, 324.35317, 324.35319, 324.35320, 324.35321, 324.35322, and 324.35323), sections 35301, 35316, and 35317 as amended by 1995 PA 262, sections 35302, 35305, 35306, 35310, 35311, 35312, 35313, 35319, 35320, 35321, 35322, and 35323 as added by 1995 PA 59, and section 35304 as amended by 2004 PA 325, and by adding sections 35311a and 35311b; and to repeal acts and parts of acts.

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

Rep. McMillin introduced

House Bill No. 5648, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” (MCL 125.1401 to 125.1499c) by adding section 13.

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

Rep. McMillin introduced

House Bill No. 5649, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” (MCL 125.1401 to 125.1499c) by adding section 14.

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5232, 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.

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. 5288, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 142 (MCL 389.142), as amended by 2009 PA 179.

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. 5289, entitled

A bill to amend 1943 PA 20, entitled “An act relative to the investment of funds of public corporations of the state; and to validate certain investments,” by amending section 1 (MCL 129.91), as amended by 2009 PA 21.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5287, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 622 and 1223 (MCL 380.622 and 380.1223), as amended by 2009 PA 22.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 622, 1211, and 1223 (MCL 380.622, 380.1211, and 380.1223), sections 622 and 1223 as amended by 2009 PA 22 and section 1211 as amended by 2011 PA 317.

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

House Bill No. 5362, entitled

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

The Senate has amended the bill as follows:

1. Amend page 4, following line 19, by inserting:

“Enacting section 1. This amendatory act takes effect October 1, 2012.”.

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

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

Senate Bill No. 616, entitled

A bill to amend 2009 PA 229, entitled “Guaranteed asset protection waiver act,” by amending section 3 (MCL 492.23).