No. 58

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Tuesday, June 21, 2011.

1:30 p.m.

The House was called to order by the Speaker.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genetski—present Lindberg—present

e/d/s = entered during session

Rep. Mark Ouimet, from the 52nd District, offered the following invocation:

“Dearest Heavenly Father, we are so thankful that You have joined us here as we gather together this day to do the work of the people of the state of Michigan. We are mindful of those many needs that are around us. We are mindful of the abilities that You have entrusted in us. Help us to work together, to build Michigan, to build our families, to build a future that people can look forward to. Thank You for the ability to be involved in useful work and for the honor of bearing appropriate responsibilities. Dear Lord please keep in mind those who are currently serving our country and those citizens who have made the ultimate sacrifice to protect our freedoms. Let us pray today that our purpose is meaningful legislation that will improve the lives of all of our Michigan residents.”

______

Rep. Segal moved that Rep. Hovey-Wright be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Cavanagh, Farrington, McBroom, MacMaster, Shaughnessy, O’Brien, Liss, Santana, Lane, Rogers, Damrow, Muxlow, Hammel, Moss, Kowall, Haines, Crawford, Cotter, Somerville, Lund, Walsh, Potvin, Scott, Heise, Hooker, Price, Yonker, Zorn, Horn, Forlini, Jenkins, Gilbert, LaFontaine, Hughes, Bumstead, Callton, Goike, Outman, Foster, Ouimet, Johnson, Byrum, Stanley, Kandrevas, Womack, Durhal, Opsommer, Rendon, Wayne Schmidt, Shirkey, Olson, Lyons, Ananich, Nathan, Constan, Dillon, Barnett, Melton, Knollenberg, LeBlanc, Stallworth, Howze, Hovey-Wright, Talabi, Rutledge, Bauer, Segal, Geiss, Agema, Townsend, McCann, Hobbs, Roy Schmidt, Olumba, Brunner, Smiley, Irwin, Stapleton, Oakes, Switalski, Tlaib, Lipton, Bledsoe, Darany, Lindberg, Meadows and Slavens offered the following resolution:

House Resolution No. 103.

A resolution to declare July 2011 as Parks and Recreation Month in the state of Michigan.

Whereas, Parks and recreation programs are an integral part of communities throughout the United States and Michigan; and

Whereas, Our parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and

Whereas, Parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who have a mental or physical disability, and also improve the mental and emotional health of all citizens; and

Whereas, Parks and recreation programs increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and

Whereas, Parks and recreation areas are fundamental to the environmental well-being of our community; and

Whereas, Parks and recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and

Whereas, Our parks and recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; now, therefore, be it

Resolved by the House of Representatives, That the members of legislative body declare July 2011 as Parks and Recreation Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

______

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

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 62.

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

(For text of resolution, see House Journal No. 35, p. 479.)

(The resolution was reported by the Committee on Insurance on June 16, with substitute (H-2).)

(For substitute, see House Journal No. 57, p. 1465.)

The question being on the adoption of the proposed substitute (H-2) recommended by the Committee,

The substitute (H-2) was adopted, a majority of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

Senate Bill No. 214, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803i (MCL 257.803i), as amended by 1998 PA 68.

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

Roll Call No. 205 Yeas—109

Agema Gilbert Lipton Pscholka

Ananich Glardon Liss Rendon

Barnett Goike Lori Rogers

Bauer Haines Lund Rutledge

Bledsoe Hammel Lyons Santana

Bolger Haugh MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Scott

Bumstead Hobbs McCann Segal

Byrum Hooker McMillin Shaughnessy

Callton Horn Meadows Shirkey

Cavanagh Howze Melton Slavens

Clemente Hughes Moss Smiley

Constan Huuki Muxlow Somerville

Cotter Irwin Nathan Stallworth

Crawford Jackson Nesbitt Stamas

Daley Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Womack

Franz LeBlanc Potvin Yonker

Geiss Lindberg Price Zorn

Genetski

Nays—0

In The Chair: O’Brien

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”

The House agreed to the full title.

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

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

House Bill No. 4703, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 36 (MCL 791.236), as amended by 2008 PA 191.

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

Roll Call No. 206 Yeas—105

Agema Genetski Lindberg Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brown Haugh MacGregor Schmidt, W.

Brunner Haveman MacMaster Scott

Bumstead Heise McBroom Segal

Byrum Hobbs McCann Shaughnessy

Callton Hooker McMillin Shirkey

Cavanagh Horn Meadows Slavens

Clemente Howze Melton Smiley

Constan Hughes Moss Somerville

Cotter Huuki Muxlow Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Opsommer Talabi

Dillon Knollenberg Ouimet Tlaib

Durhal Kowall Outman Townsend

Farrington Kurtz Pettalia Tyler

Forlini LaFontaine Poleski Walsh

Foster Lane Potvin Yonker

Franz LeBlanc Price Zorn

Geiss

Nays—4

Jackson Nathan Olumba Womack

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.

______

The Speaker Pro Tempore assumed the Chair.

Second Reading of Bills

House Bill No. 4419, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2009 PA 210.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Local, Intergovernmental, and Regional Affairs (for amendment, see House Journal No. 54, p. 1402),

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

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

The motion prevailed.

House Bill No. 4394, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 27c.

The bill was read a second time.

Rep. Haveman moved to substitute (H-1) the bill.

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

Rep. Ananich moved to amend the bill as follows:

1. Amend page 3, following line 6, by inserting:

“Enacting section 2. This amendatory act does not take effect unless House Bill No. 4619 of the 96th Legislature is enacted into law.”.

The question being on the adoption of the amendment offered by Rep. Ananich,

Rep. Ananich demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Ananich,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 207 Yeas—46

Ananich Durhal Lipton Segal

Barnett Geiss Liss Slavens

Bauer Hammel McCann Smiley

Bledsoe Haugh Meadows Stallworth

Brown Hobbs Melton Stanley

Brunner Howze Nathan Stapleton

Byrum Irwin Oakes Switalski

Cavanagh Jackson Olumba Talabi

Clemente Kandrevas Rutledge Tlaib

Constan Lane Santana Townsend

Darany LeBlanc Schmidt, R. Womack

Dillon Lindberg

Nays—63

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

In The Chair: Walsh

Rep. Townsend moved to amend the bill as follows:

1. Amend page 3, following line 6, by inserting:

“Enacting section 2. This amendatory act does not take effect unless House Concurrent Resolution No. 5 of the 96th Legislature is adopted by both the senate and the house of representatives.”.

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

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

The motion prevailed.

______

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

House Bill No. 4727, entitled

A bill to amend 1978 PA 90, entitled “Youth employment standards act,” by amending section 4 (MCL 409.104), as amended by 2010 PA 221.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4639, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3206 and 3209 (MCL 700.3206 and 700.3209), section 3206 as amended by 2008 PA 41 and section 3209 as added by 2006 PA 299.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Military and Veterans Affairs and Homeland Security,

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

Rep. Damrow 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

Announcement by the Clerk of Printing and Enrollment

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

House Bill Nos. 4766 4767 4768 4769 4770 4771 4772 4773 4774 4775 4776 4777 4778 4779

4780 4781 4782 4783 4784 4785 4786 4787 4788 4789 4790 4791 4792

Senate Bill Nos. 473 474 475 476 477 478 479 480 481 482 499

The Clerk announced that the following Senate bills had been received on Tuesday, June 21:

Senate Bill Nos. 441 442

Reports of Standing Committees

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

House Bill No. 4780, entitled

A bill to amend 1964 PA 282, entitled “An act to divide the state into 15 congressional districts; to prescribe the powers and duties of certain state departments and officers; and to repeal acts and parts of acts,” by amending the title and sections 3 and 5 (MCL 3.53 and 3.55), the title as amended and sections 3 and 5 as added by 2001 PA 115, and by adding sections 1a and 4a; and to repeal acts and parts of acts.

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. Lund, McBroom, Knollenberg, Scott, Tyler and Outman

Nays: Reps. Byrum, Nathan and Stanley

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lund, Chair, of the Committee on Redistricting and Elections, was received and read:

Meeting held on: Tuesday, June 21, 2011

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

Second Reading of Bills

House Bill No. 4780, entitled

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. Byrum moved to amend the bill as follows:

1. Amend page 189, line 14, after “Sec. 3.” by striking out “(1)”.

2. Amend page 189, line 23, by striking out all of subsection (2).

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

Rep. Lund 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

Reports of Standing Committees

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

House Bill No. 4298, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2123 and 2124 (MCL 324.2123 and 324.2124), as added by 1995 PA 60, and by adding section 2123a.

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. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia, Haugh and Stapleton

Nays: Rep. Slavens

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Foster, Chair, of the Committee on Natural Resources, Tourism, and Outdoor Recreation, was received and read:

Meeting held on: Tuesday, June 21, 2011

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

Absent: Rep. Damrow

Excused: Rep. Damrow

The Committee on Energy and Technology, by Rep. Horn, Chair, reported

House Bill No. 4683, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 405 (MCL 484.1405), as amended by 2007 PA 165.

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. Horn, Shirkey, Opsommer, Crawford, Haveman, Kowall, Franz, Jacobsen, McBroom, Nesbitt, Outman, Price, Zorn, Roy Schmidt, Santana, Brunner, Melton, Cavanagh, Smiley and Switalski

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Horn, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Tuesday, June 21, 2011

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

Absent: Rep. Irwin

Excused: Rep. Irwin

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

House Bill No. 4109, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 90h.

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. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon and Lane

Nays: Reps. Slavens and Stapleton

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

House Bill No. 4110, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2010 PA 132.

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. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon and Lane

Nays: Reps. Slavens and Stapleton

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

House Bill No. 4721, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 10a and 10b (MCL 400.10a and 400.10b), as added by 1996 PA 190, and by adding section 10c.

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. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens and Lane

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

House Bill No. 4722, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57v.

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. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens, Lane and Stapleton

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

Senate Bill No. 109, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57v.

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. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens, Lane and Stapleton

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

House Resolution No. 100.

A resolution to memorialize Congress and the U.S. Department of Agriculture to increase the flexibility of states to administer the Supplemental Nutrition Assistance Program.

(For text of resolution, see House Journal No. 54, p. 1390.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens, Lane and Stapleton

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

House Concurrent Resolution No. 31.

A concurrent resolution to memorialize Congress and the U.S. Department of Agriculture to increase the flexibility of states to administer the Supplemental Nutrition Assistance Program.

(For text of concurrent resolution, see House Journal No. 54, p. 1391.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens, Lane and Stapleton

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Kurtz, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Tuesday, June 21, 2011

Present: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens, Lane and Stapleton

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

House Bill No. 4726, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2011 PA 14.

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. Wayne Schmidt, Tyler, Gilbert, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente, Melton and Olumba

Nays: None

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

House Bill No. 4732, entitled

A bill to amend 1978 PA 90, entitled “Youth employment standards act,” by amending section 11 (MCL 409.111), as amended by 2000 PA 418.

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. Wayne Schmidt, Tyler, Gilbert, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Bledsoe, Haugh, Barnett, Clemente, Melton and Olumba

Nays: None

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

Senate Bill No. 165, entitled

A bill to provide for fair and open competition in governmental construction contracts, grants, tax abatements, and tax credits; to prohibit requirements for certain terms in government contracts and contracts supported through government grants and tax subsidies and abatements; to prohibit expenditure of public funds under certain conditions; to prohibit certain terms in procurement documents for certain expenditures involving public facilities; and to provide for powers and duties of certain public officers, employees, and contractors.

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. Wayne Schmidt, Tyler, Gilbert, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville and Zorn

Nays: Reps. Switalski, Bledsoe, Haugh, Barnett, Clemente, Melton and Olumba

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Wayne Schmidt, Chair, of the Committee on Commerce, was received and read:

Meeting held on: Tuesday, June 21, 2011

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

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Damrow, Chair, reported

House Bill No. 4284, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 167d (MCL 750.167d), as added by 2006 PA 148.

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. Damrow, Franz, Haines, Tyler, Callton, Zorn, Darany, Liss and Clemente

Nays: Reps. Nathan and Smiley

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Damrow, Chair, reported

House Bill No. 4745, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2010 PA 95.

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. Damrow, Franz, Haines, Tyler, Callton, Zorn, Darany, Liss and Clemente

Nays: Reps. Nathan and Smiley

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 21, 2011

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Kurtz, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Thursday, June 16, 2011

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

Absent: Rep. Lane

Excused: Rep. Lane

Messages from the Senate

House Bill No. 4367, entitled

A bill to amend 1986 PA 196, entitled “Public transportation authority act,” by amending section 4 (MCL 124.454).

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. 4385, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 7k.

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. 4387, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7b (MCL 722.627b), as added by 1997 PA 167.

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. 441, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3101a (MCL 500.3101a), as amended by 1996 PA 456; 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 Insurance.

Senate Bill No. 442, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 227 (MCL 257.227), as amended by 1995 PA 287; 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 Insurance.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Agriculture from further consideration of House Bill No. 4503.

Rep. Daley

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Agriculture from further consideration of House Bill No. 4504.

Rep. Daley

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Agriculture from further consideration of House Bill No. 4505.

Rep. Daley

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Agriculture from further consideration of House Bill No. 4506.

Rep. Daley

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Agriculture from further consideration of House Bill No. 4507.

Rep. Daley

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Agriculture from further consideration of House Bill No. 4699.

Rep. Daley

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

June 2, 2011

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Administrative Hearings and Rules filed Administrative Rule #2010-013-LR (Secretary of State Filing #11-06-01) on this date at 3:20 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Merges and Acquisitions”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

June 2, 2011

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Agriculture and Rural Development and the State Office of Administrative Hearings and Rules filed Administrative Rule #2010-042-AC (Secretary of State Filing #11-06-02) on this date at 3:22 P.M. for the Department of Agriculture and Rural Development, entitled “Bodies of Dead Animals”.

June 7, 2011

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs, and the State Office of Administrative Hearings and Rules filed Administrative Rule #2010-043-LR (Secretary of State Filing #11-06-03) on this date at 4:50 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Part 90. Confined Space Entry”.

These rules take effect 14 days after filing with the Secretary of State

June 8, 2011

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Administrative Hearings and Rules filed Administrative Rule #2009-040-LR (Secretary of State Filing #11-06-04) on this date at 4:00 P.M. for the Department of Licensing and Regulatory, entitled “Ionizing Radiation Rules – Part 15. Computed Tomography Installations”.

These rules take effect upon filing with the Secretary of State.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Rep. Opsommer introduced

House Bill No. 4793, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 819 and 821 (MCL 257.819 and 257.821), section 819 as amended by 2009 PA 137 and section 821 as added by 1989 PA 280.

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

Rep. Tyler introduced

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.

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

Rep. Tyler introduced

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.

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

Rep. Melton introduced

House Bill No. 4796, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1249 (MCL 380.1249), as amended by 2010 PA 336.

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

Announcements by the Clerk

June 17, 2011

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

Financial audit of the Transition in the Office of State Treasurer, Department of Treasury, as of December 31, 2010.

June 17, 2011

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

Provisions of the Single Audit Act of the Michigan Finance Authority, a discretely presented component unit of the State of Michigan, for the period October 1, 2008 through September 30, 2010.

Gary L. Randall

Clerk of the House

______

Rep. Lane moved that the House adjourn.

The motion prevailed, the time being 4:35 p.m.

Associate Speaker Pro Tempore O’Brien declared the House adjourned until Wednesday, June 22, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

1480 JOURNAL OF THE HOUSE [June 21, 2011] [No. 58

No. 58] [June 21, 2011] JOURNAL OF THE HOUSE 1481

1482 JOURNAL OF THE HOUSE [June 21, 2011] [No. 58

No. 58] [June 21, 2011] JOURNAL OF THE HOUSE 1483

1484 JOURNAL OF THE HOUSE [June 21, 2011] [No. 58

No. 58] [June 21, 2011] JOURNAL OF THE HOUSE 1485

1486 JOURNAL OF THE HOUSE [June 21, 2011] [No. 58

No. 58] [June 21, 2011] JOURNAL OF THE HOUSE 1487

1488 JOURNAL OF THE HOUSE [June 21, 2011] [No. 58

No. 58] [June 21, 2011] JOURNAL OF THE HOUSE 1489

1490 JOURNAL OF THE HOUSE [June 21, 2011] [No. 58

No. 58] [June 21, 2011] JOURNAL OF THE HOUSE 1491

1492 JOURNAL OF THE HOUSE [June 21, 2011] [No. 58

No. 58] [June 21, 2011] JOURNAL OF THE HOUSE 1493

1494