No. 23

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Tuesday, March 6, 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 Gilbert—present LeBlanc—present Price—present

Ananich—present Glardon—present Lindberg—present Pscholka—present

Barnett—present Goike—present Lipton—present Rendon—present

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genetski—present Lane—present

e/d/s = entered during session

Rep. Richard LeBlanc, from the 18th District, offered the following invocation:

“Dear Heavenly Father, as we gather in this Capitol building today, we thank You for the opportunity and privilege to serve You and to serve the people of Michigan.

As we assemble together to do Your work, we also pray for continued growth of freedom and democracy, remembering our troops, our veterans, our public safety personnel, and our Michigan families.

In Your holy name, we pray. Amen.”

______

Rep. Segal moved that Rep. Geiss be excused from today’s session.

The motion prevailed.

Notices

March 6, 2012

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

Rep. Bumstead has requested to move to Seat 104 and I concur with this change, effective today.

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Announcements by the Clerk

Following receipt by the Clerk of the House of Representatives of the Certificate of Determination of the Genesee County Board of Canvassers, Representative-elect Joseph Graves took and subscribed the constitutional oath of office on March 6, 2012 which was administered by the Speaker of the House of Representatives, James Bolger. Said oath was filed in the office of the Clerk of the House of Representatives.

Rep. Graves was assigned seat No. 54.

Following receipt by the Clerk of the House of Representatives of the Certificate of Determination of the Board of Canvassers of the County of Oakland, Representative-elect Tim Greimel took and subscribed the constitutional oath of office on March 6, 2012 which was administered by the Speaker of the House of Representatives, James Bolger. Said oath was filed in the office of the Clerk of the House of Representatives.

Rep. Greimel was assigned seat No. 75.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Hammel, Barnett, Constan, Darany, Durhal, Heise, Kurtz, LeBlanc, Lipton, Liss, Poleski, Segal, Slavens and Talabi offered the following resolution:

House Resolution No. 199.

A resolution to declare May 1, 2012, as Law Day in the state of Michigan.

Whereas, The American justice system is charged with upholding and protecting the rights, as well as the freedom and justice of all Americans; and

Whereas, In 1961, Congress issued a joint resolution declaring May 1 as Law Day, which is a national day to recognize and celebrate our justice system and the rule of law; and

Whereas, The Law Day 2012 theme, “No Courts, No Justice, No Freedom,” provides an opportunity to highlight the crucial role of our courts and to foster a better understanding of the judiciary; and

Whereas, We urge all community residents, school administrators, teachers and students, business and civic leaders, legal professionals and law students to support this national day by participating in Law Day activities; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 1, 2012, as Law Day in the state of Michigan. We urge acknowledgement of the importance of our legal and judicial systems with appropriate ceremonies and activities, and to display the flag of the United States and the state of Michigan in support of this educational observance; and be it further

Resolved, That the citizens, schools, businesses, media, religious institutions, civic, and service organizations of the state of Michigan are encouraged to use this occasion to commemorate Law Day.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Callton, Barnett, Constan, Crawford, Darany, Denby, Durhal, Heise, Hooker, Knollenberg, Kowall, Kurtz, LeBlanc, Lipton, Liss, Poleski, Segal, Slavens, Talabi and Tyler offered the following resolution:

House Resolution No. 200.

A resolution to declare March 21, 2012, as Paralyzed Veterans Awareness Day in the state of Michigan.

Whereas, Throughout the course of American history, courageous men and women have taken up arms to secure, defend, and maintain the principles on which our nation’s freedoms depend; and

Whereas, The willingness of our veterans to give freely and unselfishly of themselves, even their lives, to defend our democratic principles and safeguard our liberty, gives this great nation continued strength and vitality; and

Whereas, On this special day, our hearts and thoughts also turn to those who have been paralyzed. Their sacrifices and hardships endure daily and earn the honor and compassion of a grateful nation; and

Whereas, The members of the House of Representatives, seeking to convey a gratitude to those brave men and women on behalf of an appreciative state, do recognize the challenges that these individuals endure on a daily basis. In expression of that gratitude, we see the need to specially recognize these individuals; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 21, 2012, as Paralyzed Veterans Awareness Day in the state of Michigan. We urge citizens to use this opportunity to recognize the service and sacrifice of our paralyzed veterans and their future challenges.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Stamas and Segal offered the following resolution:

House Resolution No. 201.

A resolution to amend the Standing Rules of the House of Representatives.

Resolved by the House of Representatives, That Rule 33 of the Standing Rules of the House of Representatives be amended to read as follows:

“Names and Number of Members.

Rule 33. (1) All standing committees shall be appointed by the Speaker, except where the House shall otherwise order.

(2) The standing committees of the House and the number of Members shall be as follows:

(a) Agriculture (18)

(b) Appropriations (27)

(d) Commerce (19)

(e) Education (19)

(f) Energy and Technology (21)

(g) Families, Children, and Seniors (9)

(h) Government Operations (5)

(i) Health Policy ~~(17)~~ (19)

(j) Insurance (17)

(k) Judiciary (17)

(l) Local, Intergovernmental, and Regional Affairs (15)

(m) Military and Veterans Affairs and Homeland Security ~~(11)~~ (13)

(n) Natural Resources, Tourism, and Outdoor Recreation (11)

(o) Oversight, Reform, and Ethics (6)

(p) Redistricting and Elections (9)

(q) Regulatory Reform (15)

(r) Tax Policy (17)

(s) Transportation (17)

(3) Statutory Standing Committees:

(a) Joint Committee on Administrative Rules (5)

(b) House Fiscal Agency Governing Committee (6)

(d) Michigan Legislative Retirement System (4)

(e) Michigan Capitol Committee (4)

(4) The House Journal shall report the roll call on all motions to report bills, resolutions and reorganization orders. (See Const 1963, Art 4 § 17)

(5) Committees shall adopt a meeting schedule at the commencement of each term which shall be printed in the House Journal. Additional meetings may be called by the Chair or by a majority of the Members in writing to the Clerk. The Chair may cancel any scheduled meeting, except one called by a majority of the Members, by notice to the Members.”.

Rep. Stamas moved that Rule 69 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Liss, Haines, Barnett, Constan, Darany, Durhal, Kowall, Segal, Slavens and Talabi offered the following resolution:

House Resolution No. 202.

A resolution to declare March 2012 as Vitamin D Awareness Month in the state of Michigan.

Whereas, The nutrient and pre-hormone vitamin D is manufactured in the skin during exposure to ultraviolet B light from high-angle sunshine; and

Whereas, The American Academy of Pediatrics (AAP) recommends in a 2008 clinical report, “Prevention of Rickets and Vitamin D Deficiency in Infants, Children, and Adolescents”, that all children receive 400 IU of vitamin D a day, beginning in the first few days of life; and

Whereas, A 2010 article published in the American Journal of Clinical Nutrition reported that a study of a group of Japanese school children who received 1,200 IU of vitamin D a day showed a 50 percent reduction in the incidence of influenza compared to other school children; and

Whereas, A 2010 article published in the Journal of Alternative and Complementary Medicine reported that a study in Egypt found that children without autism had blood serum levels of vitamin D averaging 40.1 ng/ml, and children with autism had significantly lower blood serum levels of vitamin D, averaging 28.5 ng/ml; and

Whereas, Sara B. Arnaud, M.D., found that infants and children with blood serum levels of vitamin D of at least 18 ng/ml have a 99 percent prevention rate of the bone disease rickets; and

Whereas, A 2001 study published in The Lancet found that children in Finland who received 2,000 IU a day of vitamin D for the first year of life were 80 percent less likely to develop type 1 diabetes by age 30 compared to children receiving 400 IU of vitamin D a day; and

Whereas, A 2007 study published in The Journal of Clinical Endocrinology and Metabolism found that females who received regular vitamin D supplementation during the first year of life are 50 percent less likely to develop preeclampsia in their first pregnancy; and

Whereas, A 2009 article published in The Journal of Clinical Endocrinology and Metabolism found that pregnant women with low blood serum levels of vitamin D were nearly four times more likely to deliver by cesarean section than women with blood serum levels of vitamin D of at least 15 ng/ml; and

Whereas, A 2009 study at the Medical University of South Carolina found that pregnant women who took 4,000 IU of vitamin D a day during pregnancy had a 50 percent reduction in the rate of premature births and delivered fewer babies with low birth weight than women who took 400 IU of vitamin D a day; and

Whereas, A 2007 article published in the American Journal of Clinical Nutrition reported that a study which compared cancer rates of a group of postmenopausal women taking 1,100 IU of vitamin D supplements in combination with calcium to cancer rates of a group taking a placebo, found the risk of developing any cancer after four years was 60 percent lower in the group taking vitamin D supplements; and

Whereas, A study presented at the 2008 annual meeting of the American Association for Cancer Research found that blood serum levels of vitamin D of at least 50 ng/ml were associated with an 83 percent reduction in the incidence of breast cancer compared to blood serum levels of vitamin D of 25 ng/ml; and

Whereas, A 2007 article published in the American Journal of Preventative Medicine reported that a study found that a group with blood serum levels of vitamin D of at least 42 ng/ml had a 60 percent reduction in the incidence of colorectal cancer compared to a group with blood serum levels of vitamin D of 25 ng/ml; and

Whereas, A study referenced by Michael F. Holick, Ph.D., M.D., in The Vitamin D Solution found that men with prostate cancer who received 2,000 IU of vitamin D a day for two years had a 50 percent reduction in the rise of prostate-specific antigen, an indicator of prostate cancer activity; and

Whereas, A 2001 study published in The Lancet found that a group with blood serum levels of vitamin D of 52 ng/ml had a 66 percent reduction in the incidence of type 1 diabetes compared to a group with blood serum levels of vitamin D of 25 ng/ml; and

Whereas, A 2006 study published in Diabetes Care found that taking 800 IU of vitamin D in combination with calcium resulted in a 33 percent reduction in the risk of type 2 diabetes; and

Whereas, A 2010 article in The Lancet reported that the risk of multiple sclerosis increases with latitude and with low blood serum levels of vitamin D; and

Whereas, Elderly persons are at high risk for vitamin D deficiency because of indoor lifestyle and the reduced ability of aging skin to manufacture vitamin D; and

Whereas, A 2005 article published in the Journal of the American Medical Association reported that elderly persons who had blood serum levels of vitamin D of at least 45 ng/ml experienced a 50 percent reduction of fractures and a 2007 article published in the Journal of the American Geriatrics Society reported that elderly persons who had blood serum levels of vitamin D of at least 30 ng/ml experienced a 72 percent reduction in falls compared to those who had blood serum levels of vitamin D below 25 ng/ml; and

Whereas, A 2009 article published in the Journal of Alzheimer’s Disease reported that vitamin D reduces the risk of several types of diseases that have been identified as risk factors for or precursors to dementia; and

Whereas, A 2007 article published in the Journal of Photochemistry and Photobiology estimated that the United States economic burden due to vitamin D deficiency from inadequate exposure to ultraviolet B light, inadequate diet, and lack of supplements was estimated between 40 and 56 billion dollars in 2004; and

Whereas, A 2010 article published in Molecular Nutrition and Food Research regarding the rate of premature death and the economic burden in Canada found that annual deaths could be reduced by 37,000 and the economic burden reduced by 6.9 percent or 14.4 billion dollars blood serum levels of vitamin D of the population were adequate; and

Whereas, Part of the budget of each state is used to treat illnesses that could potentially be prevented with adequate blood serum levels of vitamin D; and

Whereas, The above-referenced studies and findings taken in aggregate provide significant evidence for the benefits of vitamin D supplements and vitamin D supplementation is relatively inexpensive and cost-beneficial; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2012 as Vitamin D Awareness Month in the state of Michigan. We encourage states to increase awareness of vitamin D deficiency and blood testing, and to promote awareness of the potential long-term health benefits of and increased chances of cancer survival with sufficient levels of vitamin D; and be it further

Resolved, That we encourage vitamin D supplementation for pregnant women and infants to prevent pregnancy complications, preterm births, type 1 diabetes, and rickets; and be it further

Resolved, That we encourage vitamin D supplements for elderly persons potentially to prevent bone loss, falls, fractures, and other age-related health problems.

The resolution was referred to the Committee on Health Policy.

Reps. Callton, Durhal, Kowall, Kurtz and LeBlanc offered the following resolution:

House Resolution No. 203.

A resolution to urge the Federal Emergency Management Agency to give communities the option of continuing to use older flood maps.

Whereas, The Federal Emergency Management Agency (FEMA) is updating flood insurance rate maps throughout Michigan. These new maps expand the number of properties considered to be in the floodplain. Communities must adopt these updated maps in order to be eligible for federal disaster assistance and for residents to be eligible for national flood insurance; and

Whereas, The updated flood maps will force homeowners who have never needed flood insurance in the past to obtain flood insurance. Homeowners within the floodplain who do not purchase flood insurance risk losing their mortgage or other home loans; and

Whereas, It is unfair for FEMA essentially to change the rules midstream and require homeowners to take on the additional financial burden of purchasing flood insurance. Whether someone bought their home two years ago or 20 years ago, homeowners budgeted, bought, and financed their homes without the expectation of paying for flood insurance; and

Whereas, It is inconsistent for the federal government on the one hand to create programs attempting to keep people in their homes while on the other hand creating additional financial burdens on homeowners; and

Whereas, Homeowners affected by the updated maps would still have the option of purchasing flood insurance if FEMA allows the old maps to be retained. These homeowners could then make an informed decision based on their means and the level of risk with which they are comfortable; now, therefore, be it

Resolved by the House of Representatives, That we urge the Federal Emergency Management Agency to give communities the option of continuing to use older flood maps; and be it further

Resolved, That copies of this resolution be transmitted to the Administrator of the Federal Emergency Management Agency and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Insurance.

The Speaker called the Speaker Pro Tempore to the Chair.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4845, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80101, 80141, and 80212 (MCL 324.80101, 324.80141, and 324.80212), section 80101 as amended by 2004 PA 547, section 80141 as added by 1995 PA 58, and section 80212 as added by 2000 PA 229; and to repeal acts and parts of acts.

(The bill was received from the Senate on February 29, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 1, see House Journal No. 21, p. 288.)

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. 87 Yeas—95

Ananich Glardon Lane Pettalia

Barnett Goike LeBlanc Poleski

Bauer Graves Lindberg Price

Bledsoe Greimel Lipton Pscholka

Bolger Haines Liss Rendon

Brown Hammel Lori Rogers

Brunner Haugh Lund Santana

Bumstead Haveman Lyons Schmidt, R.

Byrum Heise MacGregor Schmidt, W.

Callton Hobbs MacMaster Segal

Cavanagh Hooker McBroom Shaughnessy

Clemente Horn McCann Shirkey

Constan Hovey-Wright McMillin Slavens

Cotter Hughes Meadows Smiley

Crawford Huuki Moss Stamas

Daley Irwin Muxlow Stanley

Damrow Jacobsen Nathan Stapleton

Denby Jenkins Nesbitt Switalski

Dillon Johnson O’Brien Townsend

Farrington Kandrevas Oakes Tyler

Forlini Knollenberg Olson Walsh

Foster Kowall Opsommer Yonker

Franz Kurtz Ouimet Zorn

Gilbert LaFontaine Outman

Nays—14

Agema Howze Rutledge Talabi

Darany Jackson Somerville Tlaib

Durhal Olumba Stallworth Womack

Genetski Potvin

In The Chair: Walsh

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. 4846, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80104 and 80152 (MCL 324.80104 and 324.80152), section 80104 as amended by 2004 PA 587 and section 80152 as amended by 1999 PA 19, and by adding section 80143.

(The bill was received from the Senate on February 29, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 1, see House Journal No. 21, p. 289.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 88 Yeas—98

Ananich Graves Lipton Rendon

Barnett Greimel Liss Rogers

Bauer Haines Lori Rutledge

Bledsoe Hammel Lund Santana

Bolger Haugh MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McCann Segal

Byrum Hobbs Meadows Shaughnessy

Callton Horn Moss Shirkey

Cavanagh Hovey-Wright Muxlow Slavens

Clemente Howze Nathan Smiley

Constan Hughes Nesbitt Stallworth

Cotter Huuki O’Brien Stamas

Crawford Irwin Oakes Stanley

Daley Jackson Olson Stapleton

Damrow Jacobsen Olumba Switalski

Darany Jenkins Opsommer Talabi

Denby Johnson Ouimet Tlaib

Dillon Kandrevas Outman Townsend

Durhal Kowall Pettalia Tyler

Farrington Kurtz Poleski Walsh

Forlini LaFontaine Potvin Womack

Foster Lane Price Yonker

Gilbert LeBlanc Pscholka Zorn

Glardon Lindberg

Nays—11

Agema Genetski Knollenberg McMillin

Bumstead Goike Lyons Somerville

Franz Hooker McBroom

In The Chair: Walsh

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. 4847, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 80143.

(The bill was received from the Senate on February 29, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 1, see House Journal No. 21, p. 289.)

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. 89 Yeas—103

Ananich Graves Lipton Pscholka

Barnett Greimel Liss Rendon

Bauer Haines Lori Rogers

Bledsoe Hammel Lund Rutledge

Bolger Haugh Lyons Santana

Brown Haveman MacGregor Schmidt, R.

Brunner Heise MacMaster Schmidt, W.

Byrum Hobbs McBroom Segal

Callton Horn McCann Shaughnessy

Cavanagh Hovey-Wright McMillin Shirkey

Clemente Howze Meadows Slavens

Constan Hughes Moss Smiley

Cotter Huuki Muxlow Stallworth

Crawford Irwin Nathan Stamas

Daley Jackson Nesbitt Stanley

Damrow Jacobsen O’Brien Stapleton

Darany Jenkins Oakes Switalski

Denby Johnson Olson Talabi

Dillon Kandrevas Olumba Tlaib

Durhal Knollenberg Opsommer Townsend

Farrington Kowall Ouimet Tyler

Forlini Kurtz Outman Walsh

Foster LaFontaine Pettalia Womack

Gilbert Lane Poleski Yonker

Glardon LeBlanc Potvin Zorn

Goike Lindberg Price

Nays—6

Agema Franz Hooker Somerville

Bumstead Genetski

In The Chair: Walsh

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. 4848, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 479a (MCL 750.479a), as amended by 2002 PA 270.

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. 90 Yeas—101

Ananich Greimel Lipton Rendon

Barnett Haines Liss Rogers

Bauer Hammel Lori Rutledge

Bledsoe Haugh Lund Santana

Bolger Haveman Lyons Schmidt, R.

Brown Heise MacGregor Schmidt, W.

Brunner Hobbs MacMaster Segal

Byrum Hooker McBroom Shaughnessy

Callton Horn McCann Shirkey

Cavanagh Hovey-Wright Meadows Slavens

Clemente Howze Moss Smiley

Cotter Hughes Muxlow Somerville

Crawford Huuki Nesbitt Stallworth

Daley Jackson O’Brien Stamas

Damrow Jacobsen Oakes Stanley

Darany Jenkins Olson Stapleton

Denby Johnson Olumba Switalski

Dillon Kandrevas Opsommer Talabi

Durhal Knollenberg Ouimet Tlaib

Farrington Kowall Outman Townsend

Forlini Kurtz Pettalia Tyler

Foster LaFontaine Poleski Walsh

Gilbert Lane Potvin Womack

Glardon LeBlanc Price Yonker

Goike Lindberg Pscholka Zorn

Graves

Nays—8

Agema Constan Genetski McMillin

Bumstead Franz Irwin Nathan

In The Chair: Walsh

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. 5109, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80205 (MCL 324.80205), as amended by 2008 PA 178.

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. 91 Yeas—78

Agema Goike LeBlanc Poleski

Ananich Graves Liss Potvin

Bolger Haines Lori Price

Brunner Haugh Lund Pscholka

Bumstead Haveman Lyons Rendon

Callton Heise MacGregor Rogers

Cavanagh Hooker MacMaster Schmidt, W.

Clemente Horn McBroom Segal

Cotter Hughes McCann Shaughnessy

Crawford Huuki McMillin Shirkey

Daley Irwin Moss Smiley

Damrow Jacobsen Muxlow Somerville

Denby Jenkins Nesbitt Stamas

Farrington Johnson O’Brien Stapleton

Forlini Kandrevas Olson Switalski

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lane

Nays—31

Barnett Durhal Lipton Slavens

Bauer Greimel Meadows Stallworth

Bledsoe Hammel Nathan Stanley

Brown Hobbs Oakes Talabi

Byrum Hovey-Wright Olumba Tlaib

Constan Howze Rutledge Townsend

Darany Jackson Santana Womack

Dillon Lindberg Schmidt, R.

In The Chair: Walsh

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. 5110, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80166 (MCL 324.80166), as amended by 2002 PA 636.

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. 92 Yeas—101

Agema Graves Lindberg Price

Ananich Greimel Lipton Pscholka

Bolger Haines Liss Rendon

Brown Hammel Lori Rogers

Brunner Haugh Lund Rutledge

Bumstead Haveman Lyons Santana

Byrum Heise MacGregor Schmidt, R.

Callton Hobbs MacMaster Schmidt, W.

Cavanagh Hooker McBroom Segal

Clemente Horn McCann Shaughnessy

Cotter Hovey-Wright McMillin Shirkey

Crawford Howze Meadows Smiley

Daley Hughes Moss Somerville

Damrow Huuki Muxlow Stallworth

Darany Jackson Nathan Stamas

Denby Jacobsen Nesbitt Stanley

Dillon Jenkins O’Brien Switalski

Durhal Johnson Oakes Talabi

Farrington Kandrevas Olson Tlaib

Forlini Knollenberg Opsommer Townsend

Foster Kowall Ouimet Tyler

Franz Kurtz Outman Walsh

Genetski LaFontaine Pettalia Womack

Gilbert Lane Poleski Yonker

Glardon LeBlanc Potvin Zorn

Goike

Nays—8

Barnett Bledsoe Irwin Slavens

Bauer Constan Olumba Stapleton

In The Chair: Walsh

The House agreed to the full title.

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

Third Reading of Bills

House Bill No. 4393, entitled

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

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

Roll Call No. 93 Yeas—105

Agema Glardon Lane Price

Ananich Goike LeBlanc Pscholka

Barnett Graves Lindberg Rendon

Bauer Greimel Lipton Rogers

Bledsoe Haines Liss Rutledge

Bolger Hammel Lori Santana

Brown Haugh Lund Schmidt, R.

Brunner Haveman Lyons Schmidt, W.

Bumstead Heise MacGregor Segal

Byrum Hobbs MacMaster Shaughnessy

Callton Hooker McBroom Slavens

Cavanagh Horn McCann Smiley

Clemente Hovey-Wright Meadows Somerville

Constan Howze Moss Stallworth

Cotter Hughes Muxlow Stamas

Crawford Huuki Nathan Stanley

Daley Irwin Nesbitt Stapleton

Damrow Jackson O’Brien Switalski

Darany Jacobsen Oakes Talabi

Denby Jenkins Olson Tlaib

Dillon Johnson Opsommer Townsend

Durhal Kandrevas Ouimet Tyler

Farrington Knollenberg Outman Walsh

Forlini Kowall Pettalia Womack

Foster Kurtz Poleski Yonker

Franz LaFontaine Potvin Zorn

Gilbert

Nays—4

Genetski McMillin Olumba Shirkey

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.

Reps. Barnett, Bauer, Bledsoe, Constan, Cotter, Denby, Durhal, Farrington, Haveman, Heise, Hovey-Wright, Howze, Hughes, Jackson, Lyons, McCann, Meadows, O’Brien, Olson, Poleski, Price, Rendon, Rutledge, Santana, Slavens, Stallworth, Stamas, Stapleton, Talabi, Walsh and Zorn were named co‑sponsors of the bill.

Second Reading of Bills

House Bill No. 4859, entitled

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

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,

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

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

The motion prevailed.

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 bill was read a second time.

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, March 1, for his approval of the following bills:

Enrolled House Bill No. 4754 at 3:31 p.m.

Enrolled House Bill No. 4994 at 3:33 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, March 2:

House Bill Nos. 5448 5449 5450 5451

Senate Bill Nos. 993 994 995 996 997 998 999 1000 1001 1002

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, March 6, for his approval of the following bill:

Enrolled House Bill No. 4589 at 9:52 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, March 6:

Senate Bill Nos. 1003 1004 1005 1006 1007 1008

Reports of Standing Committees

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

Senate Bill No. 412, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43524 (MCL 324.43524), as amended by 2002 PA 81.

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

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

House Resolution No. 178.

A resolution to memorialize Congress to enact the “Recreational Fishing and Hunting Heritage and Opportunities Act.”

(For text of resolution, see House Journal No. 5, p. 40.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia and Stapleton

Nays: Rep. Bledsoe

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

House Resolution No. 192.

A resolution to urge the Department of Natural Resources and the Department of Environmental Quality to increase their commitment to the preservation of shipwrecks and artifacts in the Great Lakes in a manner that keeps this work and any artifacts within Michigan.

(For text of resolution, see House Journal No. 21, p. 275.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Haugh, 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, March 6, 2012

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

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

House Bill No. 5058, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 9 and 21a (MCL 169.209 and 169.221a), section 9 as amended by 1996 PA 590 and section 21a as added by 1994 PA 411.

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. Lund, McBroom, Knollenberg, Tyler, Outman, Byrum, Nathan and Stanley

Nays: None

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

House Bill No. 5059, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 4, 6, 11, 33, and 34 (MCL 169.203, 169.204, 169.206, 169.211, 169.233, and 169.234), sections 3 and 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 33 and 34 as amended by 1999 PA 238.

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. Lund, McBroom, Knollenberg, Tyler and Outman

Nays: None

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

House Bill No. 5063, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 22e, 32, 477, and 480 (MCL 168.22e, 168.32, 168.477, and 168.480), section 22e as added by 1995 PA 261 and section 477 as amended by 1999 PA 219, and by adding section 483a; and to repeal acts and parts of acts.

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. Lund, McBroom, Knollenberg, Tyler and Outman

Nays: Reps. Byrum, Nathan and Stanley

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

House Bill No. 5297, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2011 PA 163.

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. Lund, McBroom, Knollenberg, Tyler, Outman, Byrum, Nathan and Stanley

Nays: None

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, March 6, 2012

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

Absent: Rep. Pscholka

Excused: Rep. Pscholka

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

House Bill No. 5245, entitled

A bill to amend 1980 PA 395, entitled “Community convention or tourism marketing act,” by amending section 5 (MCL 141.875), as amended by 1989 PA 245.

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

Nays: None

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, March 6, 2012

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

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

House Bill No. 4265, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11504 (MCL 324.11504), as amended by 1996 PA 359, and by adding section 11512b.

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. Horn, Shirkey, Opsommer, Crawford, Haveman, Kowall, Franz, Jacobsen, McBroom, Nesbitt, Outman, Santana, Brunner and Smiley

Nays: Reps. Price, Zorn, Irwin and Switalski

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

House Bill No. 4266, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11507a and 11514 (MCL 324.11507a and 324.11514), section 11507a as amended by 2004 PA 39 and section 11514 as amended by 2008 PA 394.

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. Horn, Shirkey, Opsommer, Crawford, Haveman, Kowall, Franz, Jacobsen, McBroom, Nesbitt, Outman, Santana, Brunner and Smiley

Nays: Reps. Price, Zorn, Irwin and Switalski

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

Senate Bill No. 499, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 72116.

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

Nays: Rep. Irwin

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, March 6, 2012

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

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, March 6, 2012

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

Absent: Rep. Lane

Excused: Rep. Lane

Notices

March 6, 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:

Education (Effective March 8, 2012)

Rep. Lyons to be Chair

Health Policy

Add Rep. Graves

Add Rep. Greimel

Judiciary

Remove Rep. Gilbert

Add Rep. Graves

Military and Veteran’s Affairs

Add Rep. Graves

Add Rep. Greimel

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Introduction of Bills

Rep. Rendon introduced

House Bill No. 5452, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by repealing section 48501 (MCL 324.48501).

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

Reps. Hughes, LaFontaine, Ouimet, Gilbert, Foster and Zorn introduced

House Bill No. 5453, entitled

A bill to amend 1990 PA 187, entitled “The pupil transportation act,” (MCL 257.1801 to 257.1877) by adding section 12.

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

Reps. Roy Schmidt, Slavens, Lyons, Wayne Schmidt, Foster, Haveman, Byrum, Geiss, Yonker and Lipton introduced

House Bill No. 5454, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 751.

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

Rep. Forlini introduced

House Bill No. 5455, entitled

A bill to amend 1996 PA 195, entitled “Police officer’s and fire fighter’s survivor tuition act,” by amending section 2 (MCL 390.1242).

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

Reps. Johnson, Bumstead, Lyons, Gilbert, O’Brien, Foster, Lori, Franz, Daley, Hooker, Potvin, Rogers, Damrow, Muxlow, Shaughnessy, Crawford, Price, Goike, McBroom, Glardon, Wayne Schmidt and Brown introduced

House Bill No. 5456, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278a and 1278b (MCL 380.1278a and 380.1278b), section 1278a as amended by 2009 PA 205 and section 1278b as amended by 2010 PA 80.

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

Reps. Heise, Price, Hughes, MacGregor, Damrow, Kurtz and Tyler introduced

House Bill No. 5457, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7o (MCL 211.7o), as amended by 2006 PA 681.

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

Reps. Lyons, Outman, Kurtz, Rendon, Huuki, Callton, Pettalia, McBroom, Daley, Bumstead, Foster, LaFontaine, Horn and Walsh introduced

House Bill No. 5458, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 302 (MCL 418.302), as added by 2011 PA 266.

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

______

Rep. Shirkey moved that the House adjourn.

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

The Speaker Pro Tempore declared the House adjourned until Wednesday, March 7, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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