No. 14

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Tuesday, February 14, 2012.

1:30 p.m.

The House was called to order by the Speaker.

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

Agema—present Genetski—present LeBlanc—present Price—present

Ananich—present Gilbert—present Lindberg—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—present O’Brien—present Stapleton—present

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

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

Dillon—present Johnson—present Olumba—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

Rev. John D. Hearn, Jr., Pastor of Christian Faith Ministries in Garden City, offered the following invocation:

“O Lord God, Maker and Ruler over all things, we humble ourselves before Your presence this afternoon.

Please hear this prayer as You have heard our prayers over the years.

As we come before You in the name of Jesus the Christ Who is Lord.

Please receive us and for our sins sake, do not turn us away.

We thank You dear Lord for that You do, and for simply Who You are.

You have blessed this Great state of Michigan in many ways, and for all of these things, we offer You both thanksgiving and praise.

Now we ask Lord that You bless this body of men and women that represent part of the governing body of this State.

Bless the members of this body both individually and collectively with Your wisdom with Your courage and with Your compassion.

Bless them to lead well, with a vision for all of the citizens and for the best welfare of the entire state of Michigan.

Protect them we pray and protect their families at all times from anyone that would seek there harm.

Protect them to serve well in all matters of concern; I pray this prayer for them and over them in Jesus name.

Amen.”

______

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

Messages from the Senate

The Speaker laid before the House

House Bill No. 5071, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8149 and 8151 (MCL 600.8149 and 600.8151), section 8151 as amended by 2000 PA 38.

(The bill was received from the Senate on February 7, with an amendment, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 8, see House Journal No. 11, p. 142.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 45 Yeas—85

Agema Franz LeBlanc Poleski

Ananich Genetski Liss Potvin

Barnett Gilbert Lori Price

Bauer Glardon Lund Pscholka

Bolger Goike Lyons Rendon

Brown Haines MacGregor Rogers

Brunner Haveman MacMaster Rutledge

Bumstead Heise McBroom Schmidt, R.

Byrum Hooker McCann Schmidt, W.

Callton Horn McMillin Shaughnessy

Cavanagh Hovey-Wright Meadows Shirkey

Clemente Hughes Moss Slavens

Constan Huuki Muxlow Somerville

Cotter Irwin Nesbitt Stamas

Crawford Jacobsen O’Brien Stapleton

Daley Jenkins Oakes Switalski

Damrow Johnson Olson Tlaib

Denby Knollenberg Opsommer Tyler

Dillon Kowall Ouimet Walsh

Farrington Kurtz Outman Yonker

Forlini LaFontaine Pettalia Zorn

Foster

Nays—23

Bledsoe Hobbs Lipton Stallworth

Darany Howze Nathan Stanley

Durhal Jackson Olumba Talabi

Geiss Kandrevas Santana Townsend

Hammel Lane Segal Womack

Haugh Lindberg Smiley

In The Chair: O’Brien

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 5072, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8158, 8162, and 8163 (MCL 600.8158, 600.8162, and 600.8163).

(The bill was received from the Senate on February 7, with an amendment, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 8, see House Journal No. 11, p. 142.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 46 Yeas—99

Agema Geiss Lane Poleski

Ananich Genetski LeBlanc Potvin

Barnett Gilbert Lindberg Price

Bauer Glardon Lipton Pscholka

Bledsoe Goike Liss Rendon

Bolger Haines Lori Rogers

Brown Hammel Lund Rutledge

Brunner Haveman Lyons Schmidt, R.

Bumstead Heise MacGregor Schmidt, W.

Byrum Hobbs MacMaster Segal

Callton Hooker McBroom Shaughnessy

Cavanagh Horn McCann Shirkey

Clemente Hovey-Wright McMillin Slavens

Constan Howze Meadows Smiley

Cotter Hughes Moss Somerville

Crawford Huuki Muxlow Stamas

Daley Irwin Nathan Stapleton

Damrow Jacobsen Nesbitt Switalski

Darany Jenkins O’Brien Tlaib

Denby Johnson Oakes Townsend

Dillon Kandrevas Olson Tyler

Farrington Knollenberg Opsommer Walsh

Forlini Kowall Ouimet Yonker

Foster Kurtz Outman Zorn

Franz LaFontaine Pettalia

Nays—9

Durhal Olumba Stallworth Talabi

Haugh Santana Stanley Womack

Jackson

In The Chair: O’Brien

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 5101, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 524, 8146, 8147, and 8148 (MCL 600.524, 600.8146, 600.8147, and 600.8148), as amended by 2002 PA 92.

(The bill was received from the Senate on February 7, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 8, see House Journal No. 11, p. 142.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 47 Yeas—96

Agema Franz Lane Pettalia

Ananich Genetski LeBlanc Poleski

Barnett Gilbert Lindberg Potvin

Bauer Glardon Lipton Price

Bledsoe Goike Liss Pscholka

Bolger Haines Lori Rendon

Brown Haveman Lund Rogers

Brunner Heise Lyons Rutledge

Bumstead Hobbs MacGregor Schmidt, R.

Byrum Hooker MacMaster Schmidt, W.

Callton Horn McBroom Segal

Cavanagh Hovey-Wright McCann Shaughnessy

Clemente Hughes McMillin Shirkey

Constan Huuki Meadows Slavens

Cotter Irwin Moss Somerville

Crawford Jackson Muxlow Stamas

Daley Jacobsen Nathan Stapleton

Damrow Jenkins Nesbitt Switalski

Darany Johnson O’Brien Tlaib

Denby Kandrevas Oakes Townsend

Dillon Knollenberg Olson Tyler

Farrington Kowall Opsommer Walsh

Forlini Kurtz Ouimet Yonker

Foster LaFontaine Outman Zorn

Nays—12

Durhal Haugh Santana Stanley

Geiss Howze Smiley Talabi

Hammel Olumba Stallworth Womack

In The Chair: O’Brien

The House agreed to the full title.

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

The Speaker laid before the House

House Bill No. 5102, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 525 and 549d (MCL 600.525 and 600.549d).

(The bill was received from the Senate on February 7, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 8, see House Journal No. 11, p. 142.)

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. 48 Yeas—87

Agema Forlini Lane Price

Ananich Foster LeBlanc Pscholka

Barnett Franz Lipton Rendon

Bauer Genetski Liss Rogers

Bledsoe Glardon Lund Rutledge

Bolger Haines Lyons Schmidt, R.

Brown Haveman MacGregor Schmidt, W.

Brunner Heise MacMaster Segal

Bumstead Hobbs McBroom Shaughnessy

Byrum Hooker McCann Shirkey

Callton Horn McMillin Slavens

Cavanagh Hovey-Wright Meadows Somerville

Clemente Hughes Moss Stamas

Constan Huuki Nathan Stapleton

Cotter Irwin Nesbitt Switalski

Crawford Jacobsen O’Brien Tlaib

Daley Jenkins Oakes Townsend

Damrow Johnson Olson Tyler

Darany Kandrevas Opsommer Walsh

Denby Knollenberg Ouimet Yonker

Dillon Kowall Pettalia Zorn

Farrington Kurtz Poleski

Nays—21

Durhal Howze Muxlow Smiley

Geiss Jackson Olumba Stallworth

Gilbert LaFontaine Outman Stanley

Goike Lindberg Potvin Talabi

Hammel Lori Santana Womack

Haugh

In The Chair: O’Brien

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 5104, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 519 and 8139 (MCL 600.519 and 600.8139).

(The bill was received from the Senate on February 7, with an amendment, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 8, see House Journal No. 11, p. 143.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 49 Yeas—90

Agema Genetski Liss Potvin

Ananich Gilbert Lori Price

Barnett Glardon Lund Pscholka

Bauer Goike Lyons Rendon

Bledsoe Haines MacGregor Rogers

Bolger Haveman MacMaster Rutledge

Brown Heise McBroom Schmidt, R.

Bumstead Hobbs McCann Schmidt, W.

Callton Hooker McMillin Segal

Cavanagh Horn Meadows Shaughnessy

Clemente Hughes Moss Shirkey

Constan Huuki Muxlow Slavens

Cotter Irwin Nathan Somerville

Crawford Jacobsen Nesbitt Stamas

Daley Jenkins O’Brien Stapleton

Damrow Johnson Oakes Switalski

Darany Knollenberg Olson Tlaib

Denby Kowall Opsommer Townsend

Dillon Kurtz Ouimet Tyler

Farrington LaFontaine Outman Walsh

Forlini Lane Pettalia Yonker

Foster LeBlanc Poleski Zorn

Franz Lipton

Nays—18

Brunner Haugh Lindberg Stallworth

Byrum Hovey-Wright Olumba Stanley

Durhal Howze Santana Talabi

Geiss Jackson Smiley Womack

Hammel Kandrevas

In The Chair: O’Brien

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 5103, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8121 and 8123 (MCL 600.8121 and 600.8123), section 8121 as amended by 2001 PA 258 and section 8123 as amended by 2000 PA 448.

(The bill was received from the Senate on February 8, with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 9, see House Journal No. 12, p. 156.)

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

Rep. Brown moved to amend the Senate substitute (S-3) as follows:

1. Amend page 7, line 6, after “has” by striking out the balance of the line through “HAS” on line 8.

2. Amend page 7, line 9, by striking out all of subdivision (B).

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

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 50 Yeas—86

Ananich Gilbert Liss Potvin

Barnett Glardon Lori Price

Bauer Goike Lund Pscholka

Bledsoe Haines Lyons Rendon

Bolger Haveman MacGregor Rogers

Brunner Heise MacMaster Rutledge

Bumstead Hooker McBroom Schmidt, R.

Byrum Horn McCann Schmidt, W.

Callton Hovey-Wright McMillin Segal

Cavanagh Hughes Meadows Shaughnessy

Constan Huuki Moss Shirkey

Cotter Irwin Muxlow Slavens

Crawford Jacobsen Nathan Somerville

Daley Jenkins O’Brien Stamas

Damrow Johnson Oakes Stapleton

Denby Knollenberg Olson Switalski

Dillon Kowall Opsommer Townsend

Farrington Kurtz Ouimet Tyler

Forlini LaFontaine Outman Walsh

Foster Lane Pettalia Yonker

Franz LeBlanc Poleski Zorn

Genetski Lipton

Nays—22

Agema Hammel Lindberg Stallworth

Brown Haugh Nesbitt Stanley

Clemente Hobbs Olumba Talabi

Darany Howze Santana Tlaib

Durhal Jackson Smiley Womack

Geiss Kandrevas

In The Chair: O’Brien

The House agreed to the title as amended.

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

Third Reading of Bills

Senate Bill No. 525, 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 section 5l (MCL 28.425l), as amended by 2008 PA 406.

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

Roll Call No. 51 Yeas—108

Agema Genetski LeBlanc Price

Ananich Gilbert Lindberg Pscholka

Barnett Glardon Lipton Rendon

Bauer Goike Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Segal

Byrum Hobbs McBroom Shaughnessy

Callton Hooker McCann Shirkey

Cavanagh Horn McMillin Slavens

Clemente Hovey-Wright Meadows Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nathan Stamas

Daley Irwin Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

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.

Second Reading of Bills

House Bill No. 5332, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 680 and 691 (MCL 206.680 and 206.691), as added by 2011 PA 38.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5130, entitled

A bill to amend 2000 PA 92, entitled “Food law of 2000,” by amending sections 1105, 1107, 1109, 1111, 2119, 2125, 2129, 3103, 3105, 3125, 3127, 3133, 4102, 4103, 4105, 4111, 4117, 4123, 4125, 4127, 4129, 5101, 6101, 6107, 6135, 7101, 7113, 7133, 7137, and 8107 (MCL 289.1105, 289.1107, 289.1109, 289.1111, 289.2119, 289.2125, 289.2129, 289.3103, 289.3105, 289.3125, 289.3127, 289.3133, 289.4102, 289.4103, 289.4105, 289.4111, 289.4117, 289.4123, 289.4125, 289.4127, 289.4129, 289.5101, 289.6101, 289.6107, 289.6135, 289.7101, 289.7113, 289.7133, 289.7137, and 289.8107), section 1105 as amended by 2010 PA 113, section 1107 as amended by 2008 PA 338, sections 1109, 2119, 2125, 2129, 3103, 3125, 3127, and 4103 as amended by 2007 PA 113, section 4102 as added by 2010 PA 112, section 4105 as amended by 2010 PA 145, sections 4111, 4117, 4125, 5101, 6101, 7113, 7137, and 8107 as amended by 2007 PA 114, and section 7101 as amended by 2002 PA 487, and by adding sections 2132, 4114, 7104, 7112, and 7114; and to repeal acts and parts of acts.

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

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

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, February 9, for his approval of the following bills:

Enrolled House Bill No. 5073 at 2:24 p.m.

Enrolled House Bill No. 5074 at 2:26 p.m.

Enrolled House Bill No. 5075 at 2:28 p.m.

Enrolled House Bill No. 5093 at 2:30 p.m.

Enrolled House Bill No. 5094 at 2:32 p.m.

Enrolled House Bill No. 5095 at 2:34 p.m.

Enrolled House Bill No. 5106 at 2:36 p.m.

Enrolled House Bill No. 5107 at 2:38 p.m.

Enrolled House Bill No. 5125 at 2:40 p.m.

Enrolled House Bill No. 5126 at 2:42 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, February 9:

House Bill Nos. 5371 5372 5373 5374 5375 5376 5377 5378 5379 5380 5381 5382 5383 5384

5385 5386 5387 5388 5389

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, February 10:

House Bill Nos. 5390 5391 5392 5393

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, February 14, for his approval of the following bills:

Enrolled House Bill No. 4074 at 1:32 p.m.

Enrolled House Bill No. 4075 at 1:34 p.m.

Enrolled House Bill No. 4076 at 1:36 p.m.

Enrolled House Bill No. 4077 at 1:38 p.m.

Enrolled House Bill No. 5136 at 1:40 p.m.

The Clerk announced that the following Senate bills had been received on Tuesday, February 14:

Senate Bill Nos. 634 750 751 752 753 754 803 823 824 825

Reports of Standing Committees

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

House Bill No. 4798, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2005 PA 171.

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

Nays: Reps. Slavens and Stapleton

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

House Bill No. 4799, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 213a.

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

Nays: Reps. Slavens and Stapleton

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

House Bill No. 5033, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding sections 10c and 57v.

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

Nays: None

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

House Bill No. 5134, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17515 (MCL 333.17515), as added by 1993 PA 133 and by adding section 17015a.

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. 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. 5181, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2977.

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 and Rendon

Nays: Reps. Slavens and Stapleton

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

House Bill No. 5182, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17015 (MCL 333.17015), as amended by 2006 PA 77.

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. 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 Concurrent Resolution No. 11.

A concurrent resolution to memorialize Congress to adopt and present to the states for ratification an amendment to the Constitution of the United States to establish fundamental parental rights.

(For text of concurrent resolution, see House Journal No. 39 of 2011, p. 576.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, 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, February 14, 2012

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

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

House Bill No. 4302, entitled

A bill to amend 2006 PA 379, entitled “Qualified forest property recapture tax act,” by amending section 4 (MCL 211.1034).

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. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson and Pettalia

Nays: None

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

House Bill No. 4969, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 51102, 51103, 51108, and 51115 (MCL 324.51102, 324.51103, 324.51108, and 324.51115), sections 51102 and 51115 as added by 1995 PA 57, section 51103 as amended by 2006 PA 383, and section 51108 as amended by 2008 PA 299, and by adding part 514.

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. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Stapleton and Bledsoe

Nays: None

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

House Bill No. 4970, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7dd, 7jj, and 27a (MCL 211.7dd, 211.7jj[1], and 211.27a), section 7dd as amended by 2010 PA 17, section 7jj as added by 2006 PA 378, and section 27a as amended by 2008 PA 506.

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. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Stapleton, Bledsoe and Slavens

Nays: None

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, February 14, 2012

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

Absent: Rep. Haugh

Excused: Rep. Haugh

The Committee on Oversight, Reform, and Ethics, by Rep. McMillin, Chair, reported

House Bill No. 5158, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 470.

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. McMillin, Jacobsen, Denby, Price, Bledsoe and Brown

Nays: None

The Committee on Oversight, Reform, and Ethics, by Rep. McMillin, Chair, reported

House Bill No. 5335, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278.

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. McMillin, Jacobsen, Denby, Price and Bledsoe

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 14, 2012

Present: Reps. McMillin, Jacobsen, Denby, Price, Bledsoe and Brown

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 9, 2012

Present: Reps. Lund, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, Yonker, Kandrevas, Roy Schmidt, Segal, Hovey-Wright, Howze and Geiss

Absent: Rep. O’Brien

Excused: Rep. O’Brien

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 9, 2012

Present: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Jackson, Lipton, McCann and Tlaib

Absent: Reps. Jenkins and Lindberg

Excused: Reps. Jenkins and Lindberg

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, February 14, 2012

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

Absent: Rep. Crawford

Excused: Rep. Crawford

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, February 14, 2012

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

Absent: Reps. Haugh and Olumba

Excused: Reps. Haugh and Olumba

Messages from the Senate

House Bill No. 5085, entitled

A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 408.477), as amended by 1995 PA 278.

The Senate has amended the bill as follows:

1. Amend page 2, line 9, after “OR” by inserting “A CONTRIBUTION OR ANY PAYMENT”.

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

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

House Bill No. 5086, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 4, 6, 11, 15, and 57 (MCL 169.204, 169.206, 169.211, 169.215, and 169.257), section 4 as amended by 1989 PA 95, section 6 as amended by 2003 PA 69, section 11 as amended by 1996 PA 590, and sections 15 and 57 as amended by 2001 PA 250.

The Senate has amended the bill as follows:

1. Amend page 2, line 11, after “liable.” by inserting “EXCEPT FOR THE PURPOSES OF SECTION 57,”.

2. Amend page 2, line 13, after “COMMITTEE” by striking out the balance of the subsection and inserting a period.

3. Amend page 5, following line 10, by inserting:

(I) EXCEPT FOR THE PURPOSES OF SECTION 57, AN EXPENDITURE TO OR FOR A FEDERAL CANDIDATE OR A FEDERAL COMMITTEE.”.

4. Amend page 14, line 24, after the first “TO” by inserting a comma and “OR MAKE AN EXPENDITURE FOR,”.

5. Amend page 15, line 24, after “TO” by inserting a comma and “OR MAKE AN EXPENDITURE FOR,”.

6. Amend page 15, line 24, after “SECTION,” by inserting “OR IF THE SECRETARY OF STATE ENTERS INTO A CONCILIATION AGREEMENT UNDER SECTION 15(10) THAT DOES NOT PREVENT A PUBLIC BODY OR A PERSON ACTING FOR A PUBLIC BODY TO USE OR AUTHORIZE THE USE OF PUBLIC RESOURCES TO ESTABLISH OR ADMINISTER A PAYROLL DEDUCTION PLAN TO COLLECT OR DELIVER A CONTRIBUTION TO, OR MAKE AN EXPENDITURE FOR, A COMMITTEE IN VIOLATION OF THIS SECTION,”.

7. Amend page 16, line 6, after “PERSON” by inserting “WHO RESIDES, OR HAS A PLACE OF BUSINESS, IN THE JURISDICTION WHERE THE USE OR AUTHORIZATION OF THE USE OF PUBLIC RESOURCES OCCURRED”.

8. Amend page 16, line 7, after “ACTION” by striking out “THAT THE COMPLAINANT OR ANY OTHER PERSON”.

9. Amend page 16, line 12, after “THAT” by striking out “SO”.

10. Amend page 16, line 14, after “PERSON” by inserting “WHO RESIDES, OR HAS A PLACE OF BUSINESS, IN THE JURISDICTION WHERE THE USE OR AUTHORIZATION OF THE USE OF PUBLIC RESOURCES OCCURRED”.

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. 634, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 51 (MCL 211.51), as amended by 2009 PA 189.

The Senate has passed the bill.

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

Senate Bill No. 750, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 33 and 35 (MCL 169.233 and 169.235), section 33 as amended by 1999 PA 238 and section 35 as amended by 2000 PA 75.

The Senate has passed the bill.

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

Senate Bill No. 751, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509r, 509aa, 658, 659, 661, and 761 (MCL 168.509r, 168.509aa, 168.658, 168.659, 168.661, and 168.761), section 509r as amended by 2003 PA 302, section 509aa as amended by 2004 PA 92, section 659 as amended by 2004 PA 296, section 661 as amended by 1982 PA 2, and section 761 as amended by 2005 PA 71, and by adding section 764c.

The Senate has passed the bill.

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

Senate Bill No. 752, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 569a, 671, 792a, and 871 (MCL 168.569a, 168.671, 168.792a, and 168.871), section 569a as added by 1985 PA 24, section 671 as amended by 1995 PA 261, section 792a as amended by 2005 PA 71, and section 871 as amended by 2000 PA 207, and by adding section 686b.

The Senate has passed the bill.

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

Senate Bill No. 753, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11e of chapter XVII (MCL 777.11e), as added by 2002 PA 31.

The Senate has passed the bill.

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

Senate Bill No. 754, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509v (MCL 168.509v), as added by 1994 PA 441, and by adding section 497c.

The Senate has passed the bill.

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

Senate Bill No. 803, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 523, 759, and 761 (MCL 168.523, 168.759, and 168.761), sections 523 and 761 as amended by 2005 PA 71 and section 759 as amended by 1995 PA 261, and by adding section 766a.

The Senate has passed the bill.

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

Senate Bill No. 823, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 53, 55, 56, 93, 95, 96, 133, 135, 136, 163, 165, 166, 193, 195, 196, 198, 224, 226, 227, 254, 255, 257, 303, 322, 326, 349, 352, 354, 357, 381, 409b, 413, 413a, 426d, 433, 433a, 467b, 467c, 551, 591, 624, 644e, 644f, 712, 737a, 931, and 973 (MCL 168.53, 168.55, 168.56, 168.93, 168.95, 168.96, 168.133, 168.135, 168.136, 168.163, 168.165, 168.166, 168.193, 168.195, 168.196, 168.198, 168.224, 168.226, 168.227, 168.254, 168.255, 168.257, 168.303, 168.322, 168.326, 168.349, 168.352, 168.354, 168.357, 168.381, 168.409b, 168.413, 168.413a, 168.426d, 168.433, 168.433a, 168.467b, 168.467c, 168.551, 168.591, 168.624, 168.644e, 168.644f, 168.712, 168.737a, 168.931, and 168.973), sections 53, 163, 193, 224, 254, 349, 409b, 413a, 426d, 433a, 467c, 624, and 644f as amended by 1999 PA 218, sections 93 and 133 as amended by 2000 PA 491, section 165 as amended by 1994 PA 152, section 303 as added by 2003 PA 302, section 322 as amended by 2010 PA 183, section 381 as amended by 2010 PA 184, section 413 as amended by 2009 PA 206, section 433 as amended by 2009 PA 208, section 467b as amended by 2009 PA 207, section 551 as amended by 1990 PA 7, section 591 as amended by 1990 PA 109, section 644e as amended by 2010 PA 44, section 737a as amended by 2006 PA 87, and section 931 as amended by 1996 PA 583, and by adding sections 483a, 932c, and 932e; 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 Redistricting and Elections.

Senate Bill No. 824, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 15, 32, 34, 36, 47, and 55 (MCL 169.215, 169.232, 169.234, 169.236, 169.247, and 169.255), sections 15 and 47 as amended by 2001 PA 250, section 32 as amended by 1999 PA 236, section 34 as amended by 1999 PA 238, section 36 as amended by 1996 PA 590, and section 55 as amended by 1995 PA 264.

The Senate has passed the bill.

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

Senate Bill No. 825, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as added by 2002 PA 31.

The Senate has passed the bill.

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

Communications from State Officers

The following communication from the Department of Licensing and Regulatory Affairs was received and read:

February 9, 2012

Enclosed is a copy of the Financial Statements for the Unemployment Insurance Agency’s Administrative Fund, Unemployment Compensation Fund and Contingent Fund for the fiscal year ended September 30, 2011. Inquiries regarding this information may be address to either Mr. Rodger Palm, Director of the Trust Fund Division at (313) 456-2405 or me.

Sincerely,

Deborah A. Ciccone, Manager

U.I. Trust Fund Accounting

(313) 456-2507

The communication was referred to the Clerk.

Introduction of Bills

Rep. Opsommer introduced

House Bill No. 5394, entitled

A bill to create the domestic reimbursement utilization grant fund; to provide for distribution of money from the fund; and to prescribe the powers and duties of certain state agencies and officials.

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

Rep. Opsommer introduced

House Bill No. 5395, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7524 and 7524a (MCL 333.7524 and 333.7524a), section 7524 as amended by 2011 PA 161 and section 7524a as amended by 1994 PA 8.

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

Rep. Opsommer introduced

House Bill No. 5396, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7340a (MCL 333.7340a), as added by 2011 PA 84.

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

Rep. Irwin introduced

House Bill No. 5397, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2 (MCL 691.1402), as amended by 1999 PA 205.

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

Reps. Cavanagh, LeBlanc, Geiss, Constan, Stallworth, Durhal, Lipton, Irwin, Ananich, Crawford, Gilbert, Dillon, Rogers, Bledsoe, Brunner, Smiley, Stapleton, Heise, Ouimet and Walsh introduced

House Bill No. 5398, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2006 PA 498.

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

Reps. Meadows, Liss, Slavens, Brown, Hovey-Wright, Rutledge, LeBlanc, Switalski and Segal introduced

House Bill No. 5399, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5838a and 5851 (MCL 600.5838a and 600.5851), section 5838a as amended by 1993 PA 78 and section 5851 as amended by 1993 PA 283.

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

Rep. Moss introduced

House Bill No. 5400, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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

______

Rep. Tlaib moved that the House adjourn.

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

Associate Speaker Pro Tempore O’Brien declared the House adjourned until Wednesday, February 15, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

172 JOURNAL OF THE HOUSE [February 14, 2012] [No. 14

No. 14] [February 14, 2012] JOURNAL OF THE HOUSE 173

174 JOURNAL OF THE HOUSE [February 14, 2012] [No. 14

No. 14] [February 14, 2012] JOURNAL OF THE HOUSE 175

176 JOURNAL OF THE HOUSE [February 14, 2012] [No. 14

No. 14] [February 14, 2012] JOURNAL OF THE HOUSE 177

178 JOURNAL OF THE HOUSE [February 14, 2012] [No. 14

No. 14] [February 14, 2012] JOURNAL OF THE HOUSE 179

180 JOURNAL OF THE HOUSE [February 14, 2012] [No. 14

No. 14] [February 14, 2012] JOURNAL OF THE HOUSE 181

182 JOURNAL OF THE HOUSE [February 14, 2012] [No. 14

No. 14] [February 14, 2012] JOURNAL OF THE HOUSE 183

184 JOURNAL OF THE HOUSE [February 14, 2012] [No. 14

No. 14] [February 14, 2012] JOURNAL OF THE HOUSE 185

186 JOURNAL OF THE HOUSE [February 14, 2012] [No. 14

No. 14] [February 14, 2012] JOURNAL OF THE HOUSE 187

188