No. 58

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Wednesday, June 6, 2012.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

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—excused 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—e/d/s 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—present LaFontaine—present Potvin—present Zorn—present

Genetski—present Lane—present

e/d/s = entered during session

Pastor Mark Buhr, Pastor of First Baptist Church in Gibraltar, offered the following invocation:

Lord, we are grateful for this great nation in which You have given us the privilege to live and work and raise our families. We are thankful for the freedoms we enjoy, recognizing that many across this globe do not enjoy those same freedoms—freedom of speech, freedom of press, the freedom to worship as we see fit, the freedom to vote, the freedom to petition our government, and so many more freedoms that we take for granted every day. We thank You for the men and women who have dedicated their lives to serve this great nation. I stand before a group of them today and Lord, I ask that You grant them wisdom as they govern.

I pray that these men and women would elevate principle over politics and the greater good over personal preference. Ever mindful that they serve their constituents, may they serve with integrity, wisdom and caution. May their outlook be bright for the future of our nation and this great state of Michigan.

Lord, we consider these men and women honorable for their service. May their lives, their words and their actions be honorable, both within these chamber walls and outside of them as well. Help them to recognize that their actions here today and throughout their terms of service will affect millions of individuals. May they never lose sight of the personal impact their votes will have across this state. May they therefore weigh each vote, never being frivolous or hasty. May their actions serve to stabilize and improve our economy; to advance our education and innovation; to preserve our natural resources; to provide for the health and safety of our citizenry; to provide and preserve a climate for strong businesses, both large and small; to protect those inalienable rights which our forefathers recognized—the rights to life, liberty and the pursuit of happiness. Lord, may the duly elected representatives in this place never lose sight of the people whom they represent.

Thank You for each of them. We are well aware that each person in these chambers is an individual with his or her own personal trials, whether it is family trials or personal health concerns or public humiliation. Some here today are struggling with failing health; some have lost loved ones and friends; some are struggling with their personal finances; some are suffering from personal attacks, many unjustified and slanderous. They have put themselves in harm’s way and I ask that You would protect them. Give them grace for the trials that they face. Grant them good health as You see fit. Teach them lessons that You desire for them and make them stronger because of the trials. I ask that each person here today would trust in You daily, recognizing that, in all things, You are at work for their good.

Now, Lord, bless these chambers today. May the time be used efficiently and effectively. God, please bless this nation and this state. God, please bless these individuals.

I pray this, knowing that we have access to Your throne because of Your Son, and knowing that You hear our prayers and it pleases You to answer our prayers.

Amen.”

______

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

The motion prevailed.

Reports of Standing Committees

The Committee on Agriculture, by Rep. Daley, Chair, reported

House Bill No. 5717, entitled

A bill to establish an agricultural loan origination program; to authorize certain loan guarantees and collateral support mechanisms; to prescribe the powers and duties of certain state agencies and officials; to provide for an appropriation; 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. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Outman, Rendon, Muxlow, Callton, Brunner, Oakes, Talabi, Hovey-Wright, Segal and Smiley

Nays: None

The Committee on Agriculture, by Rep. Daley, Chair, reported

House Resolution No. 265.

A resolution to memorialize Congress and the President of the United States to continue funding for the Microbiological Data Program in the FY 2013 federal budget.

(For text of resolution, see House Journal No. 47, p. 835.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Outman, Rendon, Muxlow, Callton, Brunner, Oakes, Talabi, Hovey-Wright, Segal and Smiley

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 6, 2012

Present: Reps. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Outman, Rendon, Muxlow, Callton, Brunner, Oakes, Talabi, Hovey-Wright, Segal and Smiley

______

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Franz, Agema, Bauer, Bledsoe, Brunner, Bumstead, Byrum, Callton, Cavanagh, Constan, Cotter, Crawford, Darany, Denby, Dillon, Durhal, Forlini, Foster, Geiss, Genetski, Gilbert, Glardon, Greimel, Haines, Haugh, Haveman, Heise, Hooker, Horn, Hovey-Wright, Howze, Huuki, Jackson, Jacobsen, Jenkins, Kandrevas, Knollenberg, Kowall, Lane, Lipton, Liss, Lori, Lund, Lyons, MacGregor, MacMaster, McCann, Nesbitt, O’Brien, Oakes, Opsommer, Pettalia, Poleski, Potvin, Santana, Segal, Shaughnessy, Slavens, Smiley, Somerville, Stamas, Talabi, Townsend and Tyler offered the following resolution:

House Resolution No. 289.

A resolution to commemorate the 68th Anniversary of D-Day and all of the Allied forces who fought along the beaches of Normandy so that Europe might be free from the bonds of tyranny and oppression.

Whereas, On June 6, 1944, approximately 150,000 Allied troops landed along a heavily-fortified stretch of French coastline, seeking to breach Fortress Europe and strike a crucial blow against the fascism of Nazi Germany; and

Whereas, More than 5,000 ships and 11,000 aircraft supported the invasion, making D-Day the largest air, land, and sea operation ever undertaken; and

Whereas, These soldiers, many of whom were not yet even 20 years old, faced a daunting and perilous task, as they fought through the ocean surf, braving artillery shells and machine gun fire with little to no natural cover to protect against enemy guns; and

Whereas, Allied forces suffered more than 10,000 casualties that day, with more than 4,000 Allied soldiers making the ultimate sacrifice, laying down their lives on the beachheads of France in the name of liberty; and

Whereas, Many sons of America were laid to rest in the graveyards of Europe, young lives cut short before their time, brave and valiant men sacrificing the promise of their lifetime to lay footprints on the sands of Normandy, thousands of miles from their homes; and

Whereas, Those brave men who waged battle on the Normandy coast represent the best of mankind, embodying a love of country, a dedication to humanity, and, above all else, a profound and steadfast devotion to the causes of liberty and freedom; and

Whereas, All those American soldiers who lost their lives and shed their blood on that fateful day are testaments to America’s enduring promise to forever stand tall against tyrannical governments, to always protect and defend democracy, and to never forget that our nation, and all great nations, were built upon the principles of freedom; and

Whereas, We must ever and always remember and honor the men who fought and died on that day, both those who returned home as heroes, husbands, and fathers, and also those whom history called to their final breath on Norman sands; and

Whereas, Michiganders, realizing full well that words ring hollow in honoring the bravery, valiance, and courage of these men, seek to honor their memories; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 68th Anniversary of D-Day and all of the Allied forces who fought along the beaches of Normandy so that Europe might be free from the bonds of tyranny and oppression. We encourage all Michiganders to observe the anniversary of D-Day and to forever honor those souls whose eulogy will always be a free and democratic Europe.

The question being on the adoption of the resolution,

The resolution was adopted.

Rep. Stamas moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 1085.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 285.

A resolution to declare June 9-17, 2012, as Aquatic Invasive Species Awareness Week in the state of Michigan.

(For text of resolution, see House Journal No. 55, p. 1239.)

(The resolution was reported by the Committee on Natural Resources, Tourism, and Outdoor Recreation on June 5.)

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

House Bill No. 5699, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2011 PA 38.

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

Roll Call No. 357 Yeas—103

Agema Glardon LeBlanc Rendon

Ananich Goike Liss Rogers

Barnett Graves Lori Rutledge

Bauer Greimel Lund Santana

Bolger Haines Lyons Schmidt, R.

Brown Hammel MacGregor Schmidt, W.

Brunner Haugh MacMaster Segal

Bumstead Haveman McBroom Shaughnessy

Byrum Heise McCann Shirkey

Callton Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Opsommer Tlaib

Durhal Johnson Ouimet Townsend

Farrington Kandrevas Outman Tyler

Forlini Knollenberg Pettalia Walsh

Foster Kowall Poleski Womack

Franz Kurtz Potvin Yonker

Genetski LaFontaine Price Zorn

Gilbert Lane Pscholka

Nays—5

Bledsoe Geiss Hobbs Lipton

Cavanagh

In The Chair: O’Brien

The House agreed to the title of the bill.

______

Rep. Bledsoe, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Mr. Speaker, I rise to oppose this bill and the unfortunate moral choices it represents.

Last year we slashed many areas of state spending because of our lack of tax revenue. The most painful, to my thinking, were the cuts to aid for the working poor and our schools.

Indeed, I clearly recall giving a floor speech last year regarding the general fund budget in which I read from a letter from Michigan’s Catholic Bishops about how budgets reflect moral priorities. The letter questioned the morality of balancing the state’s budget on the back of the working poor.

Mr. Speaker, as bad as it was to cut the Earned Income Tax Credit last year amid the revenue shortfall, how much more tragic and, yes, cruel it is this year to have the funds to restore those cuts and to turn our backs on the most unfortunate among us. In lieu of restoring the full funding for the Earned Income Tax Credit, we choose to cut taxes. In lieu of restoring more funds to the money slashed from education, we choose to cut taxes. We turn our backs on our least fortunate citizens; we turn our backs on our children and their opportunity for a quality education.

Mr. Speaker, I am convinced that the people of our state are better than that. I am convinced that they, given full information, would prefer to restore the harmful cuts we made last year rather than put a few dollars, and I do mean a few dollars, into their own pockets.

And, I have evidence to support my contention. Every two weeks I send an electronic newsletter to over 3000 recipients, mostly in House District One. It’s a very diverse list, with a broad cross section of my very diverse district.

In my newsletter last week I candidly explained my opposition to a tax cut in favor of restoring full funding for the EITC and a mostly symbolic restoration of some of the money we had cut from education last year, k-16.

Mister Speaker, I received ONE response from a person who said she wanted her tax cut and that I was wrong in my position. Over 3,000 E-newsletters going out, one person who said, in effect, ‘me first’, ‘give me mine before you aid the working poor’ ‘Give me mine before you restore funding cut from our children’s education’ ONE PERSON.

Maybe the people of House District One are exceptional. Maybe they are more caring than other Michiganders. Maybe they have more compassion. Maybe they have a keener appreciation of the value of educating our children.

Alternatively, maybe the people in this chamber under-estimate the citizens of our state and their eagerness to put their narrow self-interest over the interests of our neediest citizens and educating our children.

I think the latter is true. I think our people are better than many of you think they are. I think they are more caring. I think they are more compassionate. I think many of you under-estimate their very humanity, their very decency.

Mr. Speaker, I urge my colleagues to vote no on the tragic moral choice reflected by this tax cut.”

Rep. Geiss, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Today, the House voted on what is being sold as a tax break. This is false, and I’ve chosen to point out the falseness of this measure by voting no. You see, last year, the House voted, against my objection, to raise taxes on our seniors via the pension tax. The pension tax is taking thousands of dollars from each of our seniors. The vote today would simply give back 5 cents per day. This is how political headlines are written. Raise taxes, then give pennies back and then you can claim you are fighting for the people. Really? The math does not support this as a true tax break, but simply smoke and mirrors. I, for one, am willing to call this what it truly is: a political stunt, not a tax break.

If we were truly fixing the problem, we would eliminate the pension tax and fully restore the earned income tax credit.”

Rep. Hobbs, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

HB 5699 does not offer the tax relief equivalent to what this legislature provided corporations just a year ago. This tax proposal does not go far enough to providing a substantial impact in taxpayers pockets.”

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

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

Rep. Segal demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 358 Yeas—99

Agema Gilbert LaFontaine Price

Ananich Glardon Lane Pscholka

Barnett Goike LeBlanc Rendon

Bauer Graves Liss Rogers

Bolger Greimel Lori Rutledge

Brown Haines Lund Schmidt, R.

Brunner Hammel Lyons Schmidt, W.

Bumstead Haugh MacGregor Segal

Byrum Haveman MacMaster Shaughnessy

Callton Heise McBroom Shirkey

Cavanagh Hooker McCann Slavens

Clemente Horn McMillin Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stamas

Crawford Hughes Nathan Stanley

Daley Huuki Nesbitt Stapleton

Damrow Irwin O’Brien Switalski

Darany Jackson Oakes Talabi

Denby Jacobsen Olson Townsend

Dillon Jenkins Opsommer Tyler

Farrington Johnson Ouimet Walsh

Forlini Kandrevas Outman Womack

Foster Knollenberg Pettalia Yonker

Franz Kowall Poleski Zorn

Genetski Kurtz Potvin

Nays—9

Bledsoe Hobbs Meadows Stallworth

Durhal Lipton Santana Tlaib

Geiss

In The Chair: O’Brien

______

Rep. Olumba entered the House Chambers.

House Bill No. 5700, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 30a.

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

Roll Call No. 359 Yeas—107

Agema Glardon LeBlanc Pscholka

Ananich Goike Lipton Rendon

Barnett Graves Liss Rogers

Bauer Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Genetski LaFontaine Potvin Zorn

Gilbert Lane Price

Nays—2

Bledsoe Geiss

In The Chair: O’Brien

The House agreed to the title of the bill.

______

Rep. Geiss, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Today, the House voted on what is being sold as a tax break. This is false, and I’ve chosen to point out the falseness of this measure by voting no. You see, last year, the House voted, against my objection, to raise taxes on our seniors via the pension tax. The pension tax is taking thousands of dollars from each of our seniors. The vote today would simply give back 5 cents per day. This is how political headlines are written. Raise taxes, then give pennies back and then you can claim you are fighting for the people. Really? The math does not support this as a true tax break, but simply smoke and mirrors. I, for one, am willing to call this what it truly is: a political stunt, not a tax break.

If we were truly fixing the problem, we would eliminate the pension tax and fully restore the earned income tax credit.”

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

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

Rep. Segal demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 360 Yeas—106

Agema Glardon LeBlanc Price

Ananich Goike Lipton Pscholka

Barnett Graves Liss Rendon

Bauer Greimel Lori Rogers

Bolger Haines Lund Rutledge

Brown Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Cavanagh Hooker McMillin Shirkey

Clemente Horn Meadows Slavens

Constan Hovey-Wright Moss Smiley

Cotter Howze Muxlow Somerville

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Genetski LaFontaine Potvin Zorn

Gilbert Lane

Nays—3

Bledsoe Geiss Stallworth

In The Chair: O’Brien

House Bill No. 4753, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2008 PA 506.

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

Roll Call No. 361 Yeas—105

Agema Glardon LeBlanc Price

Ananich Goike Lipton Pscholka

Bauer Graves Liss Rendon

Bledsoe Greimel Lori Rogers

Bolger Haines Lund Rutledge

Brown Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Clemente Hooker McMillin Shirkey

Constan Horn Meadows Slavens

Cotter Hovey-Wright Moss Smiley

Crawford Howze Muxlow Somerville

Daley Hughes Nathan Stallworth

Damrow Huuki Nesbitt Stamas

Darany Jackson O’Brien Stanley

Denby Jacobsen Oakes Stapleton

Dillon Jenkins Olson Switalski

Durhal Johnson Olumba Talabi

Farrington Kandrevas Opsommer Tlaib

Forlini Knollenberg Ouimet Tyler

Foster Kowall Outman Walsh

Franz Kurtz Pettalia Womack

Geiss LaFontaine Poleski Yonker

Genetski Lane Potvin Zorn

Gilbert

Nays—4

Barnett Cavanagh Irwin Townsend

In The Chair: O’Brien

The question being on agreeing to the title of the bill,

Rep. Stamas moved to amend the title to read as follows:

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2012 PA 47.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Bledsoe, Byrum, Durhal, Farrington, Franz, Genetski, Greimel, Haugh, Heise, Horn, Knollenberg, Kurtz, LeBlanc, Liss, Meadows, O’Brien, Oakes, Opsommer, Potvin, Rendon, Roy Schmidt, Smiley and Somerville were named co‑sponsors of the bill.

House Bill No. 5333, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7kk (MCL 211.7kk), as added by 2006 PA 612.

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

Roll Call No. 362 Yeas—99

Ananich Glardon Lipton Pscholka

Barnett Graves Liss Rendon

Bauer Greimel Lori Rogers

Bledsoe Haines Lund Rutledge

Bolger Hammel Lyons Santana

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Segal

Callton Hobbs McCann Shaughnessy

Clemente Horn Meadows Slavens

Constan Howze Moss Smiley

Cotter Hughes Muxlow Somerville

Daley Huuki Nathan Stallworth

Damrow Irwin Nesbitt Stamas

Darany Jackson O’Brien Stanley

Denby Jacobsen Oakes Stapleton

Dillon Jenkins Olson Switalski

Durhal Johnson Olumba Talabi

Farrington Kandrevas Opsommer Tlaib

Forlini Knollenberg Ouimet Townsend

Foster Kowall Outman Walsh

Franz Kurtz Pettalia Womack

Geiss LaFontaine Poleski Yonker

Genetski Lane Potvin Zorn

Gilbert LeBlanc Price

Nays—10

Agema Crawford Hovey-Wright Shirkey

Brown Goike McMillin Tyler

Cavanagh Hooker

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

______

Rep. Hooker, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

While I support non-profit organizations like Habitat for Humanity and even work for them, but this is a statewide exemption extended for 5 years instead of 2 years. It removes local control which is a foundational consideration for me. I also feel it is a extension of an entitlement.”

House Bill No. 5422, entitled

A bill to amend 1982 PA 415, entitled “Correctional officers’ training act of 1982,” by amending section 12 (MCL 791.512), as amended by 2004 PA 583, and by adding section 15a.

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

Roll Call No. 363 Yeas—109

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski

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.

House Bill No. 5604, entitled

A bill to amend 1969 PA 162, entitled “An act to establish a state-supported school of osteopathic medicine; to establish and fix the membership of an advisory board for the school; and to provide for its assignment to an established 4-year state institution of higher education,” by repealing sections 2, 3, and 4 (MCL 390.662, 390.663, and 390.664).

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

Roll Call No. 364 Yeas—109

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski

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.

House Bill No. 5606, entitled

A bill to repeal 1966 PA 277, entitled “An act to create a consumers council; to define its powers and duties; and to make an appropriation therefor,” (MCL 445.821 to 445.829).

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

Roll Call No. 365 Yeas—79

Agema Gilbert LeBlanc Price

Bolger Glardon Liss Pscholka

Bumstead Goike Lori Rendon

Byrum Graves Lund Rogers

Callton Haines Lyons Rutledge

Clemente Hammel MacGregor Schmidt, R.

Constan Haugh MacMaster Schmidt, W.

Cotter Haveman McBroom Shaughnessy

Crawford Heise McMillin Shirkey

Daley Hooker Moss Slavens

Damrow Horn Muxlow Somerville

Darany Hughes Nesbitt Stallworth

Denby Huuki O’Brien Stamas

Dillon Jacobsen Olson Townsend

Durhal Jenkins Opsommer Tyler

Farrington Johnson Ouimet Walsh

Forlini Knollenberg Outman Womack

Foster Kowall Pettalia Yonker

Franz Kurtz Poleski Zorn

Genetski LaFontaine Potvin

Nays—30

Ananich Greimel Lipton Segal

Barnett Hobbs McCann Smiley

Bauer Hovey-Wright Meadows Stanley

Bledsoe Howze Nathan Stapleton

Brown Irwin Oakes Switalski

Brunner Jackson Olumba Talabi

Cavanagh Kandrevas Santana Tlaib

Geiss Lane

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.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5009, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 303a (MCL 750.303a), as added by 1996 PA 539.

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.

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

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

Rep. Stamas moved that consideration of the motion be postponed temporarily.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 351, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2010 PA 160.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Transportation,

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

Rep. Agema moved to substitute (H-5) the bill.

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5267, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6 and 101 (MCL 388.1606 and 388.1701), section 6 as amended by 2011 PA 62 and section 101 as amended by 2010 PA 110, and by adding section 23a.

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

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

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

The motion prevailed.

House Bill No. 5301, entitled

A bill to amend 1966 PA 293, entitled “An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies,” (MCL 45.501 to 45.521) by adding section 14a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Transportation,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5302, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 18j.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Transportation,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5313, entitled

A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” (MCL 45.551 to 45.573) by adding section 4a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Transportation,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Senate Bill No. 1045, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40111, 81101, and 81133 (MCL 324.40111, 324.81101, and 324.81133), section 40111 as added by 1995 PA 57, section 81101 as amended by 2009 PA 200, and section 81133 as amended by 2008 PA 365.

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.

House Bill No. 5714, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 48 (MCL 24.248), as amended by 1999 PA 262.

The bill was read a second time.

Rep. Somerville moved to amend the bill as follows:

1. Amend page 3, line 15, after “APPROPRIATE.” by striking out the balance of the line through “OCCURS” on line 16 and inserting “AN EMERGENCY RULE ADOPTED UNDER THIS SUBSECTION REMAINS IN EFFECT UNTIL THE EARLIER DATE OF THE FOLLOWING”.

2. Amend page 3, following line 20, by inserting:

(D) SIX MONTHS AFTER THE DATE OF ITS FILING, WHICH MAY BE EXTENDED FOR NOT MORE THAN 6 MONTHS BY THE ADMINISTRATOR UPON FILING A CERTIFICATE OF EXTENSION WITH THE OFFICE OF SECRETARY OF STATE BEFORE THE EXPIRATION OF 6 MONTHS AFTER THE DATE OF ITS FILING.”.

3. Amend page 4, line 7, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 96th Legislature are enacted into law:

(a) Senate Bill No. 789.

(b) House Bill No. 5338.”.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5714, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 48 (MCL 24.248), as amended by 1999 PA 262.

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

Roll Call No. 366 Yeas—109

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski

Nays—0

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

Reps. Ananich, Barnett, Bauer, Bledsoe, Brown, Brunner, Bumstead, Byrum, Callton, Cavanagh, Constan, Cotter, Crawford, Darany, Denby, Durhal, Farrington, Foster, Gilbert, Glardon, Goike, Graves, Greimel, Haines, Hammel, Haveman, Hobbs, Hooker, Horn, Hovey-Wright, Hughes, Huuki, Jackson, Jacobsen, Jenkins, Johnson, Knollenberg, Kurtz, LaFontaine, Lane, LeBlanc, Liss, Lori, Lund, Lyons, MacGregor, McCann, Meadows, Moss, Muxlow, Nathan, O’Brien, Oakes, Opsommer, Ouimet, Potvin, Pscholka, Rendon, Rogers, Santana, Roy Schmidt, Wayne Schmidt, Segal, Shirkey, Slavens, Smiley, Switalski, Talabi, Tlaib, Tyler, Yonker and Zorn were named co‑sponsors of the bill.

Rep. Stamas moved that Senate Bill No. 1045 be placed on its immediate passage.

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

Senate Bill No. 1045, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40111, 81101, and 81133 (MCL 324.40111, 324.81101, and 324.81133), section 40111 as added by 1995 PA 57, section 81101 as amended by 2009 PA 200, and section 81133 as amended by 2008 PA 365.

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

Roll Call No. 367 Yeas—109

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin 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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”

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.

Second Reading of Bills

House Bill No. 5466, entitled

A bill to amend 1966 PA 165, entitled “An act to invalidate certain requirements for indemnity in the construction industry,” by amending the title and section 1 (MCL 691.991) and by adding sections 2, 3, and 4.

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

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

Rep. Heise moved to amend the bill as follows:

1. Amend page 2, line 10, after “DEFEND” by inserting “THE PUBLIC ENTITY OR”.

2. Amend page 2, line 11, after “ENTITY” by inserting “OR ANY OTHER PARTY”.

3. Amend page 2, line 13, after “SURVEYOR” by inserting a comma and “AND THAT OF THEIR RESPECTIVE SUBCONSULTANTS”.

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

Rep. Heise moved to amend the bill as follows:

1. Amend page 3, following line 2, by inserting:

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

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

Rep. Wayne Schmidt moved to amend the bill as follows:

1. Amend page 2, line 3, after the second “A” by inserting “CONTRACTOR OR”.

2. Amend page 2, line 9, after “THE” by inserting “CONTRACTOR OR”.

3. Amend page 2, line 12, after the second “THE” by inserting “CONTRACTOR OR”.

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

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5701, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending the title, the heading of chapter 61, and sections 3301, 3330, 4501, 6101, 6105, 6107, and 6110 (MCL 500.3301, 500.3330, 500.4501, 500.6101, 500.6105, 500.6107, and 500.6110), the title as amended by 2002 PA 304, section 4501 as amended by 2012 PA 39, and sections 6101, 6105, 6107, and 6110 as added by 1992 PA 174, and by adding sections 6104, 6104a, 6104b, and 6108; and to repeal acts and parts of acts.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Segal moved to amend the bill as follows:

1. Amend page 9, line 24, after “OF” by striking out “15” and inserting “17”.

2. Amend page 10, following line 12, by inserting:

(G) TWO MEMBERS WHO REPRESENT CARE PROVIDERS, AS FOLLOWS:

(i) ONE MEDICAL CARE PROVIDER.

(ii) ONE REHABILITATION SERVICE PROVIDER.”.

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

The question being on the passage of the bill,

Rep. LaFontaine moved to amend the bill as follows:

1. Amend page 5, line 13, after “(H)” by striking out “TO” and inserting “UNTIL DECEMBER 31, 2017, TO”.

2. Amend page 11, following line 21, by inserting:

(11) THE BOARD IS DISSOLVED ON JANUARY 1, 2018.”.

3. Amend page 13, line 19, after “6104B.” by inserting “(1)”.

4. Amend page 13, following line 22, by inserting:

(2) ON OR BEFORE DECEMBER 31, 2017, THE AUTHORITY SHALL TRANSFER ALL ASSETS OF THE AUTHORITY TO THE DEPARTMENT OF STATE POLICE FOR THE BENEFIT OF THE AUTOMOBILE THEFT PREVENTION AUTHORITY.

(3) AFTER DECEMBER 31, 2017, THE AUTOMOBILE THEFT PREVENTION AUTHORITY BOARD OF DIRECTORS SHALL REINSTATE AND OPERATE THE AUTOMOBILE THEFT PREVENTION AUTHORITY IN THE SAME MANNER THAT IT WAS OPERATED BEFORE JANUARY 1, 2013.

(4) ON JANUARY 1, 2018, THE MICHIGAN AUTOMOBILE INSURANCE FRAUD AND THEFT PREVENTION AUTHORITY, AS HOUSED IN THE FACILITY, IS DISSOLVED.”.

5. Amend page 15, line 4, by striking out all of section 6107.

6. Amend page 17, following line 2, by inserting:

SEC. 6107A. (1) SECTION 6107 DOES NOT APPLY FROM JANUARY 1, 2013 TO DECEMBER 31, 2017.

(2) BEFORE APRIL 1 OF 2013, 2014, 2015, 2016, AND 2017, EACH INSURER AND EACH SELF-INSURER ENGAGED IN WRITING INSURANCE COVERAGES THAT PROVIDE THE SECURITY REQUIRED BY SECTION 3101(1) WITHIN THIS STATE, AS A CONDITION OF ITS AUTHORITY TO TRANSACT INSURANCE IN THIS STATE, SHALL PAY TO THE FACILITY, FOR DEPOSIT INTO THE ACCOUNT OF THE AUTHORITY, AN ASSESSMENT DETERMINED BY THE FACILITY AS PROVIDED IN THE PLAN OF OPERATION. THE ASSESSMENT TO EACH INSURER AND SELF-INSURER SHALL BE BASED ON THE RATIO OF ITS CAR YEARS WRITTEN TO THE STATEWIDE TOTAL CAR YEARS FOR ALL INSURERS AND SELF-INSURERS.

(3) MONEY RECEIVED PURSUANT TO SUBSECTION (1), AND ALL OTHER MONEY RECEIVED BY THE AUTHORITY, SHALL BE SEGREGATED FROM OTHER MONEY OF THE FACILITY, IF APPLICABLE, AND SHALL ONLY BE EXPENDED AS DIRECTED BY THE BOARD.

(4) FROM THE MONEY RECEIVED ANNUALLY UNDER SUBSECTION (1), THE BOARD SHALL NOT REDUCE THE AMOUNT OF MONEY AVAILABLE TO PROVIDE FINANCIAL SUPPORT FOR PROGRAMS DESIGNED TO REDUCE THE INCIDENCE OF AUTOMOBILE THEFT BELOW $6,000,000.00.”.

7. Amend page 18, line 25, by striking out all of enacting section 1 and renumbering the remaining enacting section.

8. Amend page 19, line 2, by striking out “6107,”.

9. Amend page 19, line 3, after “500.6105,” by striking out “500.6107,”.

10. Amend page 19, line 4, after “6104a” by inserting a comma and “6107a,”.

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

The question being on the passage of the bill,

Rep. Shirkey moved to amend the bill as follows:

1. Amend page 17, following line 2, by inserting:

(4) AN INSURER SHALL NOT INCREASE THE PREMIUMS CHARGED TO ITS INSUREDS SO AS TO RECOUP PAYMENTS TO THE FACILITY UNDER SUBSECTION (1) UNTIL AFTER THE FIRST REPORTS HAVE BEEN FILED UNDER SECTIONS 6110 AND 6111.”.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 368 Yeas—96

Agema Genetski Liss Pscholka

Ananich Gilbert Lori Rendon

Bauer Glardon Lund Rogers

Bledsoe Graves Lyons Rutledge

Bolger Greimel MacGregor Schmidt, R.

Brunner Hammel MacMaster Schmidt, W.

Bumstead Haugh McBroom Segal

Byrum Haveman McCann Shaughnessy

Cavanagh Heise McMillin Shirkey

Clemente Hobbs Meadows Slavens

Constan Hooker Moss Smiley

Cotter Horn Muxlow Somerville

Crawford Hovey-Wright Nathan Stallworth

Daley Howze Nesbitt Stamas

Damrow Hughes O’Brien Stanley

Darany Huuki Oakes Stapleton

Denby Jenkins Olson Switalski

Dillon Johnson Opsommer Talabi

Durhal Kandrevas Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Nays—12

Barnett Goike Jacobsen Olumba

Brown Haines Knollenberg Santana

Callton Irwin Lipton Tlaib

In The Chair: O’Brien

The question being on agreeing to the title of the bill,

Rep. Stamas moved to amend the title to read as follows:

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending the title, the heading of chapter 61, and sections 3301, 3330, 4501, 6101, 6105, 6110, and 6111 (MCL 500.3301, 500.3330, 500.4501, 500.6101, 500.6105, 500.6110, and 500.6111), the title as amended by 2002 PA 304, section 4501 as amended by 2012 PA 39, sections 6101, 6105, and 6110 as added by 1992 PA 174, and section 6111 as amended by 2004 PA 316, and by adding sections 6104, 6104a, 6104b, 6107a, and 6108; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 5717, entitled

A bill to establish an agricultural loan origination program; to authorize certain loan guarantees and collateral support mechanisms; to prescribe the powers and duties of certain state agencies and officials; to provide for an appropriation; 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-2) previously recommended by the Committee on Agriculture,

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

Rep. Daley moved to amend the bill as follows:

1. Amend page 6, line 11, after “$15,000,000.00,” by inserting “shall be expended if it”.

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

Rep. Daley moved to amend the bill as follows:

1. Amend page 6, line 12, after the second “the” by striking out “2012-2013” and inserting “2011-2012”.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5717, entitled

A bill to establish an agricultural loan origination program; to authorize certain loan guarantees and collateral support mechanisms; to prescribe the powers and duties of certain state agencies and officials; to provide for an appropriation; and to repeal acts and parts of acts.

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

Roll Call No. 369 Yeas—104

Ananich Genetski LaFontaine Potvin

Barnett Gilbert Lane Price

Bauer Glardon LeBlanc Pscholka

Bledsoe Goike Lipton Rendon

Bolger Graves Liss Rogers

Brown Greimel Lori Rutledge

Brunner Haines Lund Schmidt, R.

Bumstead Hammel Lyons Schmidt, W.

Byrum Haugh MacGregor Segal

Callton Haveman MacMaster Shaughnessy

Cavanagh Heise McBroom Slavens

Clemente Hobbs McCann Smiley

Constan Hooker Meadows Somerville

Cotter Horn Moss Stallworth

Crawford Hovey-Wright Muxlow Stamas

Daley Howze Nathan Stanley

Damrow Hughes Nesbitt Stapleton

Darany Huuki O’Brien Switalski

Denby Jackson Oakes Talabi

Dillon Jacobsen Olson Tlaib

Durhal Jenkins Olumba Townsend

Farrington Johnson Opsommer Tyler

Forlini Kandrevas Ouimet Walsh

Foster Knollenberg Outman Womack

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Nays—5

Agema McMillin Santana Shirkey

Irwin

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

Reps. Ananich, Brunner, Bumstead, Byrum, Crawford, Denby, Dillon, Durhal, Geiss, Glardon, Haugh, Haveman, Horn, Hovey-Wright, Hughes, Huuki, Jackson, Jacobsen, Jenkins, Johnson, Kurtz, Liss, Lyons, MacGregor, McBroom, McCann, Muxlow, O’Brien, Oakes, Opsommer, Outman, Potvin, Price, Rendon, Roy Schmidt, Wayne Schmidt, Segal, Shaughnessy, Smiley, Stallworth, Stamas, Stanley, Talabi, Tlaib, Tyler, Yonker and Zorn were named co‑sponsors of the bill.

Second Reading of Bills

House Bill No. 5688, entitled

A bill to provide for the creation of certain lighting authorities for the purpose of operating lighting systems; to provide for the powers and duties of the authorities; to provide for the conveyance of operational jurisdiction over certain operations to authorities; to provide for the assumption of certain contracts, bonds, notes, and other evidences of indebtedness and liabilities related to the provision of lighting authorities; to authorize expenditures from certain funds; to finance the acquisition of property and the development of certain public improvements or related facilities; to provide for the issuance of bonds and notes; to authorize certain investments; and to impose certain powers and duties upon state and local departments, agencies, and officers.

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

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

Rep. Stapleton moved to amend the bill as follows:

1. Amend page 12, following line 14, by inserting:

“Sec. 16. (1) The constituent local governments have the responsibility, authority, and right to manage and direct on behalf of the public the services performed or exercised to the extent provided in the articles of incorporation creating the authority.

(2) The contents or language of the articles of incorporation under this act shall be a permissive subject of collective bargaining between a local government and a bargaining representative of its employees. If a local government and a bargaining representative of its employees engage in collective bargaining before the articles of incorporation are approved and that local government and that bargaining representative reach an agreement on issues that would obligate an entity that will function as an employer in the authority, the articles of incorporation shall include those obligations.

(3) Nothing in this act creates an employment relationship between the existing employees of a local government and the proposed authority.

(4) An authority is effective through its articles of incorporation at least 180 days before the actual transfer of personnel and equipment. Before the authority’s effective date, the constituent local governments shall affirm in writing to the authority those employees who will be transferred to the authority.

(5) If employees who are transferred to the authority are represented by a labor organization, those employees are subject to their previous terms and conditions of employment until those terms and conditions of employment are modified in accordance with 1947 PA 336, MCL 423.201 to 423.217, or for 6 months after the transfer to the authority, whichever is earlier. Negotiations on a collective bargaining agreement with an authority shall begin no later than 180 days before the date the employees transfer to the authority.

(6) Subject to subsection (7), a representative of the employees or group of employees who previously represented or was entitled to represent the employees or group of employees under 1947 PA 336, MCL 423.201 to 423.217, shall continue to represent the employees or group of employees after those employees or group of employees are transferred to the authority.

(7) This section does not limit the rights of employees, under applicable law, to assert that a bargaining representative protected by subsection (6) is no longer their representative. The employees of the authority are eligible as of the day the authority becomes effective through its articles of incorporation to choose their representative under 1947 PA 336, MCL 423.201 to 423.217. This subsection does not extend the time limits as provided in subsection (4).

(8) If multiple labor organizations assert the right to represent all or part of the authority’s workforce or where a substantial portion of the transferred employees were not previously represented, in the absence of a voluntary mutual agreement, at the request of any party or on the initiative of the Michigan employment relations commission, the Michigan employment relations commission shall conduct a representation election.

(9) In the absence of a voluntary mutual agreement, the authority’s workforce shall be merged by using a single seniority list for each of the same or similar classifications. The single seniority list shall be composed of all employees from each of the constituent local governments employed or having recall rights on the date of transfer and shall be used for purposes that include, but are not limited to, initial assignments, layoffs, recalls, and job bidding. Disputes concerning the single seniority list or use of the single seniority list shall be heard by a single arbitrator appointed by the Michigan employment relations commission.

(10) Nothing in this section requires a local government or an authority to assume a collective bargaining agreement between another local government and its employees.”.

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

Rep. Santana moved to amend the bill as follows:

1. Amend page 16, following line 1, by inserting:

“Sec. 20. An appointed officer or employee of a constituent local government shall not do any of the following for a period of 3 years after leaving the constituent local government as an appointed officer or employee:

(a) Be employed by a contractor or subcontractor providing services to the authority.

(b) Be employed as a consultant or as part of a consulting group for a contractor or subcontractor providing services to the authority.”.

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

Rep. Santana moved to amend the bill as follows:

1. Amend page 25, following line 24, by inserting:

“Sec. 28. If any residents are located in an area of a constituent local government where the census tract of that area falls below a poverty level of 25% or where less than 30% of the streetlights of that area are operable, then those residents are eligible for relocation to another area in that constituent local government. Relocation of residents under this section shall comply with state guidelines for relocation and eminent domain. Revenues generated under this act from the sale of bonds shall be allocated for the relocation of residents that includes, but is not limited to, the purchase of residential property, utility connections, and any other moving expenses.”.

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

Rep. Santana moved to amend the bill as follows:

1. Amend page 15, line 25, after “board” by inserting a comma and “subject to approval by the governing body of each constituent local government.”.

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

Rep. Durhal moved to amend the bill as follows:

1. Amend page 26, following line 21, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 96th Legislature are enacted into law:

(a) Senate Bill No. 970.

(b) House Bill No. 5705.”.

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

Rep. Nathan moved to amend the bill as follows:

1. Amend page 12, following line 14, by inserting:

“(10) The board shall not enter into any contract with a company for more than 10 years.”.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5688, entitled

A bill to provide for the creation of certain lighting authorities for the purpose of operating lighting systems; to provide for the powers and duties of the authorities; to provide for the conveyance of operational jurisdiction over certain operations to authorities; to provide for the assumption of certain contracts, bonds, notes, and other evidences of indebtedness and liabilities related to the provision of lighting authorities; to authorize expenditures from certain funds; to finance the acquisition of property and the development of certain public improvements or related facilities; to provide for the issuance of bonds and notes; to authorize certain investments; and to impose certain powers and duties upon state and local departments, agencies, and officers.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Stamas moved that consideration of the bill be postponed for the day.

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following Senate bill had been received on Tuesday, June 5:

Senate Bill No. 972

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, June 6, for his approval of the following bills:

Enrolled House Bill No. 5328 at 1:20 p.m.

Enrolled House Bill No. 5329 at 1:22 p.m.

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Wednesday, June 6:

House Bill Nos. 5725 5726

House Joint Resolutions VV WW

The Clerk announced that the following Senate bills had been received on Wednesday, June 6:

Senate Bill Nos. 193 246 247 620 763 809 859 895 984 1031 1056 1092 1123 1124

1125 1130 1146

Reports of Standing Committees

The Committee on Banking and Financial Services, by Rep. Knollenberg, Chair, reported

Senate Bill No. 783, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2962 (MCL 600.2962), as added by 1995 PA 249.

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. Knollenberg, Lyons, Farrington, Foster, Huuki, Pettalia and Clemente

Nays: Rep. Olson

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Knollenberg, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Wednesday, June 6, 2012

Present: Reps. Knollenberg, Lyons, Farrington, Foster, Huuki, Olson, Pettalia, Womack, Switalski and Clemente

Absent: Rep. Stanley

Excused: Rep. Stanley

The Committee on Education, by Rep. Lyons, Chair, reported

House Bill No. 4934, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1347 (MCL 380.1347).

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. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Darany, Howze and Rutledge

Nays: Rep. Geiss

The Committee on Education, by Rep. Lyons, Chair, reported

House Bill No. 5659, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 523, 1204a, 1277, 1277a, 1278, 1278b, 1280, 1280a, 1280b, and 1280e (MCL 380.523, 380.1204a, 380.1277, 380.1277a, 380.1278, 380.1278b, 380.1280, 380.1280a, 380.1280b, and 380.1280e), section 523 as amended and section 1280e as added by 2011 PA 277, section 1204a as amended by 1996 PA 159, section 1277 as amended by 1997 PA 179, sections 1277a and 1280a as added by 1993 PA 335, section 1278 as amended by 2004 PA 596, section 1278b as amended by 2010 PA 80, section 1280 as amended by 2006 PA 123, and section 1280b as added by 2000 PA 230.

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. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Brown, Darany, Howze, Hobbs, Rutledge and Geiss

Nays: None

The Committee on Education, by Rep. Lyons, Chair, reported

Senate Bill No. 637, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1347 (MCL 380.1347).

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. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Darany and Howze

Nays: Reps. Hobbs and Geiss

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 6, 2012

Present: Reps. Lyons, Hooker, Crawford, McMillin, Franz, Heise, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Brown, Darany, Howze, Hobbs, Rutledge and Geiss

Absent: Reps. Bumstead and Stallworth

Excused: Reps. Bumstead and Stallworth

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

House Bill No. 5488, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2010 PA 279.

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. Crawford, Yonker, Opsommer, Daley, McMillin, Stamas, Shirkey, Franz, McBroom, Rendon, Haugh, Byrum, Slavens, Womack and Rutledge

Nays: None

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

House Bill No. 5502, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2404b (MCL 339.2404b), as added by 2007 PA 157.

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. Crawford, Yonker, Opsommer, Daley, McMillin, Shirkey, Franz, McBroom, Rendon, Haugh and Rutledge

Nays: None

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

Senate Bill No. 570, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 13f.

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. Crawford, Yonker, Daley, McMillin, Stamas, Shirkey, Franz, Rendon, Haugh, Byrum, Slavens, Womack and Rutledge

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Crawford, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, June 6, 2012

Present: Reps. Crawford, Yonker, Opsommer, Daley, McMillin, Stamas, Shirkey, Franz, McBroom, Rendon, Haugh, Byrum, Slavens, Womack and Rutledge

The Committee on Tax Policy, by Rep. Gilbert, Chair, reported

House Bill No. 4446, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17.

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. Gilbert, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Barnett, Meadows, Townsend, Cavanagh and Hobbs

Nays: None

The Committee on Tax Policy, by Rep. Gilbert, Chair, reported

House Bill No. 5088, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24f (MCL 211.24f), as amended by 2000 PA 244.

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. Gilbert, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson and Ouimet

Nays: None

The Committee on Tax Policy, by Rep. Gilbert, Chair, reported

House Bill No. 5220, entitled

A bill to amend 1973 PA 186, entitled “Tax tribunal act,” (MCL 205.701 to 205.779) by adding section 62b.

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. Gilbert, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs

Nays: None

The Committee on Tax Policy, by Rep. Gilbert, Chair, reported

House Bill No. 5557, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 13c (MCL 125.1663c), as amended by 2009 PA 213.

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. Gilbert, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs

Nays: None

The Committee on Tax Policy, by Rep. Gilbert, Chair, reported

House Bill No. 5678, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4g (MCL 205.54g), as amended by 2008 PA 438.

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. Gilbert, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Constan, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs

Nays: None

The Committee on Tax Policy, by Rep. Gilbert, Chair, reported

House Bill No. 5696, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2008 PA 438.

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. Gilbert, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 6, 2012

Present: Reps. Gilbert, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Constan, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs

Absent: Rep. Walsh

Excused: Rep. Walsh

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Bill No. 5541, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects and for certain state departments and agencies for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

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. Moss, Haveman, Genetski, Kowall, Lori, Rogers, Cotter, Jenkins, MacGregor, MacMaster, Poleski, Potvin, LeBlanc, Bauer, Dillon, Durhal, Jackson, Lipton and McCann

Nays: Reps. Agema, Bumstead, Forlini, Goike and Pscholka

The Committee on Appropriations, by Rep. Moss, Chair, reported

Senate Bill No. 1044, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 267 (MCL 18.1267), as amended by 1999 PA 8.

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. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka and Potvin

Nays: Reps. LeBlanc, Bauer, Dillon, Lipton and McCann

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 6, 2012

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

Absent: Reps. Ananich, Lindberg and Tlaib

Excused: Reps. Ananich, Lindberg and Tlaib

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

House Bill No. 5391, entitled

A bill to authorize transit service providers to fingerprint certain individuals for the purpose of receiving criminal history record information from the department of state police and the federal bureau of investigation; to prescribe the powers and duties of certain state departments and officers; and to provide for the collection of fees.

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. Opsommer, Glardon, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Olson, Ouimet, Somerville, Roy Schmidt, Geiss, Talabi, Liss, Byrum, Smiley and Santana

Nays: None

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

House Bill No. 5424, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 722 and 724 (MCL 257.722 and 257.724), section 722 as amended by 2009 PA 146 and section 724 as amended by 2009 PA 169.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Opsommer, Glardon, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Olson, Ouimet, Somerville, Roy Schmidt, Talabi, Liss, Byrum and Smiley

Nays: Reps. Geiss and Santana

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

House Bill No. 5542, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 40b and 310 (MCL 257.40b and 257.310), section 40b as amended by 2008 PA 7 and section 310 as amended by 2008 PA 36.

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. Opsommer, Glardon, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Olson, Ouimet, Somerville, Roy Schmidt, Geiss, Talabi, Nathan, Liss, Byrum, Smiley and Santana

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 6, 2012

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 5576.

Rep. Stamas

Messages from the Governor

Date: June 5, 2012

Time: 3:13 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4632 (Public Act No. 154, I.E.), being

An act to amend 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending section 435 (MCL 206.435), as amended by 2010 PA 346.

(Filed with the Secretary of State June 5, 2012, at 3:38 p.m.)

Date: June 5, 2012

Time: 10:24 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4653 (Public Act No. 156, I.E.), being

An act to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending section 744 (MCL 168.744), as amended by 1995 PA 261, and by adding section 744a.

(Filed with the Secretary of State June 5, 2012, at 3:42 p.m.)

Date: June 5, 2012

Time: 10:26 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5119 (Public Act No. 157, I.E.), being

An act to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending section 677 (MCL 168.677), as amended by 1997 PA 158.

(Filed with the Secretary of State June 5, 2012, at 3:44 p.m.)

Explanation of “No” Votes

Reps. Darany, Byrum, Ananich and Hovey-Wright, having reserved the right to explain their protest against the passage of House Bill No. 5572, made the following statement:

“Mr. Speaker and members of the House:

I voted no on House Bill 5572, because of an amendment that was unexpectedly adopted before the vote on the bill that removed the requirement that home visitations programs supported by the State be ‘culturally appropriate.’

I support home visitation programs, which have long been used with families with young children to provide information, guidance, risk assessment, and parenting support interventions at home with the goal of improving pregnancy outcomes, parenting skills, and early childhood health and development. These programs target low-income families, who may be at high risk for infant mortality, family violence, developmental delays, disabilities, social isolation, unequal access to health care, environmental exposures, and other adverse conditions.

Working with families with very diverse backgrounds requires that home visitation programs be designed as culturally appropriate to not only tailor the program to the unique needs of the family, but to improve the program and outcomes.”

Communications from State Officers

The following communication from the Department of State Police was received and read:

May 23, 2012

In accordance with MCL 333.7524a., I am pleased to present to the Michigan Legislature the 20th comprehensive report on asset forfeiture. Michigan’s asset forfeiture program saves taxpayer money and deprives drug criminals of cash and property obtained through illegal activity. Michigan’s law enforcement community has done an outstanding job of stripping drug dealers of illicit gain and utilizing these proceeds to expand and enhance drug enforcement efforts to protect our citizens.

During 2011, over $25.7 million in cash and assets amassed by drug traffickers was forfeited. Extensive multi-agency teamwork is evident in this report. Considerable assets were obtained as the result of joint enforcement involving many agencies at the federal, state, and local levels.

Forfeiture funds were used to enhance law enforcement by providing resources for personnel, needed equipment, canine expenses, prevention programs, and matching funds to obtain federal grants. Michigan’s recently amended Drug Forfeiture Statute allowed some agencies to contribute monies to non-profit drug-related criminal investigations, and obtain information for solving crimes.

I commend our law enforcement community for the tremendous job they have done and submit this report for your information and review.

Sincerely,

Kriste Etue

Director

The communication was referred to the Clerk.

Announcements by the Clerk

June 5, 2012

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

Financial audit of the State of Michigan 457 Plan for the period October 1, 2009 through September 30, 2011.

Gary L. Randall

Clerk of the House

By unanimous consent the House returned to the order of

Introduction of Bills

Reps. Haveman, Geiss, Horn, Roy Schmidt, Walsh, Kandrevas, Kowall, Crawford, Dillon, Bumstead, Byrum and Wayne Schmidt introduced

House Bill No. 5727, entitled

A bill to require governmental units to implement cost-effective energy conservation improvements to minimize energy consumption and reduce operating costs; to require energy audits; to specify procedures for obtaining contracts to reduce energy consumption; to prescribe payment methods for energy conservation contracts; and to prescribe duties for certain state governmental officers and entities.

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5408, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 401k.

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. 5421, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3476.

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. 5228, entitled

A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 1a (MCL 480.11a), as amended by 2011 PA 160.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), 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.

The Senate returned, in accordance with the request of the House

Senate Bill No. 1085, entitled

A bill to amend 2011 PA 98, entitled “Fair and open competition in governmental construction act,” by amending the title and sections 5, 7, 9, and 13 (MCL 408.875, 408.877, 408.879, and 408.883) and by adding sections 2 and 8.

(The bill was passed on May 31, see House Journal No. 55, p. 1252.)

______

Rep. Lipton moved that the House adjourn.

The motion prevailed, the time being 6:40 p.m.

Associate Speaker Pro Tempore O’Brien declared the House adjourned until Thursday, June 7, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

1658 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1659

1660 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1661

1662 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1663

1664 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1665

1666 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1667

1668 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1669

1670 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1671

1672 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1673

1674 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1675

1676 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1677

1678 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1679

1680 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1681

1682 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1683

1684 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1685

1686 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58

No. 58] [June 6, 2012] JOURNAL OF THE HOUSE 1687

1688 JOURNAL OF THE HOUSE [June 6, 2012] [No. 58