No. 21

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Wednesday, February 29, 2012.

1:30 p.m.

The House was called to order by the Speaker.

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

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

Ananich—present Gilbert—present Lindberg—present Pscholka—present

Barnett—present Glardon—present Lipton—present Rendon—present

Bauer—present Goike—present Liss—present Rogers—present

Bledsoe—present Haines—present Lori—present Rutledge—present

Bolger—present Hammel—present Lund—present Santana—present

Brown—present Haugh—excused Lyons—present Schmidt, R.—present

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

Bumstead—present Heise—present MacMaster—present Segal—present

Byrum—present Hobbs—present McBroom—present Shaughnessy—present

Callton—present Hooker—present McCann—present Shirkey—present

Cavanagh—present Horn—present McMillin—present Slavens—present

Clemente—present Hovey-Wright—present Meadows—present Smiley—present

Constan—present Howze—present Moss—present Somerville—present

Cotter—present Hughes—present Muxlow—present Stallworth—present

Crawford—present Huuki—present Nathan—present Stamas—present

Daley—present Irwin—present Nesbitt—present Stanley—present

Damrow—present Jackson—excused O’Brien—present Stapleton—present

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

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

Dillon—present Johnson—present Olumba—present Tlaib—present

Durhal—present Kandrevas—present Opsommer—present Townsend—present

Farrington—present Knollenberg—present Ouimet—present Tyler—present

Forlini—present Kowall—present Outman—present Walsh—present

Foster—present Kurtz—present Pettalia—present Womack—present

Franz—present LaFontaine—present Poleski—present Yonker—present

Geiss—present Lane—present Potvin—present Zorn—present

e/d/s = entered during session

Pastor Bryan Wise, Pastor of Community Baptist Church in Richmond, offered the following invocation:

“Almighty God, the Creator of all things, and the Father of our Lord Jesus Christ, the One Who was, the One Who is, and the One Who is to come, we bless, praise, and exalt Your Holy name.

Today, we give You honor and thanks for Your blessing, for it is from Your Providential hand that all blessings flow. You are the Author of liberty in order that we would each strive in doing that which we ought to do as opposed to that which we want to do.

Please pardon us as a nation, for the times that we sin by ignoring and disobeying Your word. Forgive us, O Lord, for the times when we are more afraid of righteousness than of wickedness, for the times when we tragically call evil ‘good’ and good ‘evil.’

Guide the honored leaders of government, Your church, and the home who have been appointed by God to lead in truth and righteousness. Your word states, ‘Righteousness exalts a nation, But sin is a reproach to any people’ (Proverbs 14:34). Assist these representatives to accurately discern the needs of those they represent along with the best way to meet those needs. Give them wisdom to protect and preserve life and liberty. Grant them discernment, the character to stand for right, and the fortitude to remain steadfast even when the ways of error would be less difficult.

Protect those who serve in our armed forces and in various positions of civil service. In times of loneliness, discouragement, and especially in times of grief may they find You to be their Savior, Mighty God, Everlasting Father, Wonderful Counselor, and Prince of Peace.

Though we have suffered much we ask for You to bless us according to Your faithfulness. As in the prayer of Abraham Lincoln, we ‘fervently implore the interposition of the Almighty Hand to heal the wounds of the nation and to restore it as soon as may be consistent with the Divine purposes to the full enjoyment of peace, harmony, tranquility and Union.’

I pray all these things in the blessed name of the resurrected Lord and Savior, Jesus Christ. Amen.”

______

Rep. Segal moved that Reps. Haugh and Jackson be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Hammel, Barnett, Constan, Darany, Knollenberg, LeBlanc, Liss, Poleski, Segal, Slavens and Talabi offered the following resolution:

House Resolution No. 191.

A resolution to declare April 21-28, 2012, as Money Smart Week in the state of Michigan.

Whereas, The Federal Reserve Bank of Chicago’s program, “Money Smart Week”, is an annual event that takes place April 21-28, 2012; and

Whereas, The state of Michigan is located in the Federal Reserve Bank of Chicago’s district; and

Whereas, The Federal Reserve Bank of Chicago has a branch office in Detroit; and

Whereas, The Federal Reserve Bank of Chicago has conducted Money Smart Week in Michigan for the past eight years; and

Whereas, Financial institutions, government entities, community-based and faith-based organizations throughout Michigan work together to make Money Smart Week a success; and

Whereas, Money Smart Week consists of numerous financial training sessions throughout the state of Michigan; and

Whereas, Over six thousand Michigan residents benefited from Money Smart Week programs last year; and

Whereas, Over two hundred and fifty Money Smart Week programs took place throughout the state of Michigan last year; and

Whereas, Money Smart Week programs took place in Alcona, Antrim, Calhoun, Emmet, Genesee, Grand Traverse, Ingham, Jackson, Livingston, Marquette, Muskegon, Wayne and Wexford counties last year; and

Whereas, Money Smart Week is a model for similar programs throughout the nation; and

Whereas, Improved financial training promotes individual responsibility for financial affairs; and

Whereas, Improved financial training promotes knowledgeable citizens, stronger communities and a more perfect state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 21-28, 2012, as Money Smart Week in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Federal Reserve Bank of Chicago and the Ingham County Treasurer with our highest esteem.

The question being on the adoption of the resolution,

Rep. Hammel moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 191.

A resolution to declare April 21-28, 2012, as Money Smart Week in the state of Michigan.

Whereas, The Federal Reserve Bank of Chicago’s program, “Money Smart Week”, is an annual event that takes place April 21-28, 2012; and

Whereas, The state of Michigan is located in the Federal Reserve Bank of Chicago’s district; and

Whereas, The Federal Reserve Bank of Chicago has a branch office in Detroit; and

Whereas, The Federal Reserve Bank of Chicago has conducted Money Smart Week in Michigan for the past eight years; and

Whereas, Financial institutions, government entities, community-based and faith-based organizations throughout Michigan work together to make Money Smart Week a success; and

Whereas, Money Smart Week consists of numerous financial training sessions throughout the state of Michigan; and

Whereas, Over six thousand Michigan residents benefited from Money Smart Week programs last year; and

Whereas, Over two hundred and fifty Money Smart Week programs took place throughout the state of Michigan last year; and

Whereas, Money Smart Week programs took place in Alcona, Antrim, Calhoun, Emmet, Genesee, Grand Traverse, Ingham, Jackson, Livingston, Marquette, Muskegon, Wayne and Wexford counties last year; and

Whereas, Money Smart Week is a model for similar programs throughout the nation; and

Whereas, Improved financial training promotes individual responsibility for financial affairs; and

Whereas, Improved financial training promotes knowledgeable citizens, stronger communities and a more perfect state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 21-28, 2012, as Money Smart Week in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Federal Reserve Bank of Chicago with our highest esteem.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. MacMaster, Barnett, Crawford, Darany, Haines, Horn, LeBlanc, Liss and Yonker offered the following resolution:

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.

Whereas, Surrounded by four of the Great Lakes and blessed with over 3,000 miles of shoreline, Michigan enjoys a Maritime heritage that is a source of great pride and widespread interest. Since the time when Native American people paddled their craft to the modern era of gigantic vessels, the waters off Michigan have been a course of fascination, transportation, and peril; and

Whereas, The thousands of shipwrecks in Michigan waters regularly attract recreational divers, as well as scholars and historians. The establishment of underwater preserves reflects the commitment that Michigan has made to preserving this link to our past; and

Whereas, As new technologies are developed and new equipment makes possible more effective explorations for ships that long ago were taken beneath the waves, it seems prudent to reaffirm that it is important that the work of studying these sites be carried out utilizing public-private partnerships with Michigan college and universities. It is also important to ensure that any artifacts reclaimed from Michigan waters remain here, rather than be exported to other parts of the country; now, therefore, be it

Resolved by the House of Representatives, That we 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; and be it further

Resolved, That copies of this resolution be transmitted to the directors of the Department of Natural Resources and the Department of Environmental Quality.

The resolution was referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Reps. MacMaster, Barnett, Crawford, Darany, Haines, Horn, LeBlanc, Liss and Yonker offered the following resolution:

House Resolution No. 193.

A resolution to urge the Governor to work with Michigan’s universities and historic preservation groups, the Consulate General of France in Chicago, and the Great Lakes Exploration Group to develop a public-private partnership to ensure that the archaeological efforts to locate and preserve the artifacts of the Griffin remain entirely a Michigan-based project.

Whereas, Built by the legendary French explorer, Rene-Robert Cavalier, Sieur de La Salle, Le Griffon (the “Griffin” in English) was the first European vessel to sail the Upper Great Lakes. On the return leg of its maiden voyage in 1679, the Griffin became the first of more than 8,000 shipwrecks in those waters as well. Since that time, the search for the ship’s location has captivated generations of historians and students of the maritime heritage of the Great Lakes; and

Whereas, The discovery of ruins that may turn out to be the Griffin has excited scholars and all who take pride in Michigan’s rich past. It has also, however, stirred concerns that artifacts that one day may be discovered could be relocated far outside Michigan, far from where they have rested for well over three centuries; and

Whereas, The project of studying the remains of the wreck thought to be the Griffin is being led by the Great Lakes Exploration Group and the Center for Maritime and Underwater Resource Management (CMURM), a Michigan-based private nonprofit 501(c)(3) scientific and educational organization. The effort includes relationships with the University of Michigan, Michigan Technological University, Michigan State University, and Northwestern Michigan College; and

Whereas, There are concerns that the National Oceanic and Atmospheric Administration, through its Maritime Heritage Program, may try to take over the Griffin project. Should this occur, this federal agency’s existing relationships with East Carolina University would likely remove the work and possibly the artifacts out of Michigan. Were this to happen, the multi-layer benefits of this major undertaking, including the expansion of archaeological education in Michigan and the promotion of our state’s marine history, would be lost. Clearly, there are strong advantages to ensuring that this work be carried out here and that any artifacts recovered remain here, where the Griffin sailed; now, therefore, be it

Resolved by the House of Representatives, That we urge the Governor to work with Michigan’s universities and historic preservation groups, the Consulate General of France in Chicago, and the Great Lakes Exploration Group to develop a public-private partnership to ensure that the archaeological efforts to locate and preserve the artifacts of the Griffin remain entirely a Michigan-based project; and be it further

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

The resolution was referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

______

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

Third Reading of Bills

House Bill No. 4552, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending sections 161 and 372 (MCL 418.161 and 418.372), section 161 as amended by 2002 PA 427 and section 372 as added by 1980 PA 357.

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

Roll Call No. 76 Yeas—106

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Segal

Bumstead Hobbs McCann Shaughnessy

Byrum Hooker McMillin Shirkey

Callton Horn Meadows Slavens

Cavanagh Hovey-Wright Moss Smiley

Clemente Howze Muxlow Somerville

Constan Hughes Nathan Stallworth

Cotter Huuki Nesbitt Stamas

Crawford Irwin O’Brien Stanley

Daley Jacobsen Oakes Stapleton

Damrow Jenkins Olson Switalski

Darany Johnson Olumba Talabi

Denby Kandrevas Opsommer Tlaib

Dillon Knollenberg Ouimet Townsend

Durhal Kowall Outman Tyler

Farrington Kurtz Pettalia Walsh

Forlini LaFontaine Poleski Womack

Foster Lane Potvin Yonker

Franz LeBlanc Price Zorn

Geiss Lindberg

Nays—0

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 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending sections 161, 372, 625, and 891 (MCL 418.161, 418.372, 418.625, and 418.891), sections 161 and 625 as amended by 2011 PA 266 and section 372 as added by 1980 PA 357.

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.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4589, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending sections 1, 2, and 2a (MCL 691.1401, 691.1402, and 691.1402a), section 1 as amended by 2001 PA 131 and section 2 as amended and section 2a as added by 1999 PA 205.

(The bill was received from the Senate on February 21, with substitute (S-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 22, see House Journal No. 17, p. 231.)

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. 77 Yeas—104

Agema Genetski Lindberg Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Segal

Byrum Hobbs McBroom Shaughnessy

Callton Hooker McCann Shirkey

Cavanagh Horn McMillin Slavens

Clemente Hovey-Wright Meadows Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nathan Stamas

Daley Irwin Nesbitt Stanley

Damrow Jacobsen O’Brien Stapleton

Darany Jenkins Oakes Switalski

Denby Johnson Olson Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Nays—2

Brown Olumba

In The Chair: O’Brien

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

Third Reading of Bills

House Bill No. 4739, 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,” by amending section 10o (MCL 247.660o), as amended by 2000 PA 188.

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

Roll Call No. 78 Yeas—106

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Segal

Bumstead Hobbs McCann Shaughnessy

Byrum Hooker McMillin Shirkey

Callton Horn Meadows Slavens

Cavanagh Hovey-Wright Moss Smiley

Clemente Howze Muxlow Somerville

Constan Hughes Nathan Stallworth

Cotter Huuki Nesbitt Stamas

Crawford Irwin O’Brien Stanley

Daley Jacobsen Oakes Stapleton

Damrow Jenkins Olson Switalski

Darany Johnson Olumba Talabi

Denby Kandrevas Opsommer Tlaib

Dillon Knollenberg Ouimet Townsend

Durhal Kowall Outman Tyler

Farrington Kurtz Pettalia Walsh

Forlini LaFontaine Poleski Womack

Foster Lane Potvin Yonker

Franz LeBlanc Price Zorn

Geiss Lindberg

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.

Senate Bill No. 702, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16174 (MCL 333.16174), as amended by 2006 PA 398.

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

Roll Call No. 79 Yeas—106

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Segal

Bumstead Hobbs McCann Shaughnessy

Byrum Hooker McMillin Shirkey

Callton Horn Meadows Slavens

Cavanagh Hovey-Wright Moss Smiley

Clemente Howze Muxlow Somerville

Constan Hughes Nathan Stallworth

Cotter Huuki Nesbitt Stamas

Crawford Irwin O’Brien Stanley

Daley Jacobsen Oakes Stapleton

Damrow Jenkins Olson Switalski

Darany Johnson Olumba Talabi

Denby Kandrevas Opsommer Tlaib

Dillon Knollenberg Ouimet Townsend

Durhal Kowall Outman Tyler

Farrington Kurtz Pettalia Walsh

Forlini LaFontaine Poleski Womack

Foster Lane Potvin Yonker

Franz LeBlanc Price Zorn

Geiss Lindberg

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 and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

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.

Senate Bill No. 787, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21313 (MCL 333.21313), as amended by 2010 PA 381.

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

Roll Call No. 80 Yeas—106

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Segal

Bumstead Hobbs McCann Shaughnessy

Byrum Hooker McMillin Shirkey

Callton Horn Meadows Slavens

Cavanagh Hovey-Wright Moss Smiley

Clemente Howze Muxlow Somerville

Constan Hughes Nathan Stallworth

Cotter Huuki Nesbitt Stamas

Crawford Irwin O’Brien Stanley

Daley Jacobsen Oakes Stapleton

Damrow Jenkins Olson Switalski

Darany Johnson Olumba Talabi

Denby Kandrevas Opsommer Tlaib

Dillon Knollenberg Ouimet Townsend

Durhal Kowall Outman Tyler

Farrington Kurtz Pettalia Walsh

Forlini LaFontaine Poleski Womack

Foster Lane Potvin Yonker

Franz LeBlanc Price Zorn

Geiss Lindberg

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 and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

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.

Senate Bill No. 788, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 13 (MCL 400.713), as amended by 2010 PA 380.

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

Roll Call No. 81 Yeas—106

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Segal

Bumstead Hobbs McCann Shaughnessy

Byrum Hooker McMillin Shirkey

Callton Horn Meadows Slavens

Cavanagh Hovey-Wright Moss Smiley

Clemente Howze Muxlow Somerville

Constan Hughes Nathan Stallworth

Cotter Huuki Nesbitt Stamas

Crawford Irwin O’Brien Stanley

Daley Jacobsen Oakes Stapleton

Damrow Jenkins Olson Switalski

Darany Johnson Olumba Talabi

Denby Kandrevas Opsommer Tlaib

Dillon Knollenberg Ouimet Townsend

Durhal Kowall Outman Tyler

Farrington Kurtz Pettalia Walsh

Forlini LaFontaine Poleski Womack

Foster Lane Potvin Yonker

Franz LeBlanc Price Zorn

Geiss Lindberg

Nays—0

In The Chair: O’Brien

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

“An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain 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.

Senate Bill No. 611, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2011 PA 53.

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

Roll Call No. 82 Yeas—106

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Segal

Bumstead Hobbs McCann Shaughnessy

Byrum Hooker McMillin Shirkey

Callton Horn Meadows Slavens

Cavanagh Hovey-Wright Moss Smiley

Clemente Howze Muxlow Somerville

Constan Hughes Nathan Stallworth

Cotter Huuki Nesbitt Stamas

Crawford Irwin O’Brien Stanley

Daley Jacobsen Oakes Stapleton

Damrow Jenkins Olson Switalski

Darany Johnson Olumba Talabi

Denby Kandrevas Opsommer Tlaib

Dillon Knollenberg Ouimet Townsend

Durhal Kowall Outman Tyler

Farrington Kurtz Pettalia Walsh

Forlini LaFontaine Poleski Womack

Foster Lane Potvin Yonker

Franz LeBlanc Price Zorn

Geiss Lindberg

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 welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”

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.

______

The Speaker Pro Tempore assumed the Chair.

Second Reading of Bills

House Bill No. 4134, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7pp.

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

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

Rep. Townsend moved to amend the bill as follows:

1. Amend page 1, line 3, after “ACT” by inserting “FOR 1 YEAR OR”.

2. Amend page 1, line 4, after “PROPERTY” by inserting a comma and “WHICHEVER IS SOONER”.

3. Amend page 2, line 4, after “ACT” by striking out the balance of the sentence and inserting “AS PROVIDED IN SUBSECTION (1).”.

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

Rep. Townsend moved to amend the bill as follows:

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

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4903 of the 96th Legislature is enacted into law.”.

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

Rep. O’Brien moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 778, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 30111b.

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

The substitute (H-1) 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.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, February 29:

House Bill Nos. 5438 5439 5440 5441 5442 5443 5444 5445

Senate Bill Nos. 982 983 984 992

Reports of Standing Committees

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

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.

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. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Outman, Rendon, Muxlow, Brunner, 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, February 29, 2012

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

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

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.

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, Opsommer, Daley, McMillin, Stamas, Shirkey, Franz, McBroom, Rendon, Slavens, Womack and Rutledge

Nays: None

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

House Bill No. 5084, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 229 (MCL 436.1229), as amended by 2005 PA 288.

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

Nays: None

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

House Bill No. 5167, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21302, 21304a, 21307, 21307a, 21308a, 21309a, 21310a, 21311a, 21312a, 21313a, 21314a, 21315, 21502, 21503, 21510, 21515, 21517, 21520, 21558, and 21559 (MCL 324.21302, 324.21304a, 324.21307, 324.21307a, 324.21308a, 324.21309a, 324.21310a, 324.21311a, 324.21312a, 324.21313a, 324.21314a, 324.21315, 324.21502, 324.21503, 324.21510, 324.21515, 324.21517, 324.21520, 324.21558, and 324.21559), sections 21302 and 21307 as amended and sections 21307a and 21314a as added by 1995 PA 22, sections 21304a, 21308a, 21309a, 21310a, 21311a, 21312a, 21313a, and 21315 as amended by 1996 PA 116, sections 21502 and 21503 as amended by 2006 PA 318, section 21510 as amended by 1995 PA 252, section 21515 as amended by 1996 PA 181, section 21558 as added by 2006 PA 322, and section 21559 as amended by 2008 PA 417; and to repeal acts and parts of acts.

With the recommendation that the bill be referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Favorable Roll Call

To Report Out:

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

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

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, February 29, 2012

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

Absent: Rep. Haugh

Excused: Rep. Haugh

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

House Bill No. 4513, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1147 (MCL 380.1147).

With the recommendation that the bill be referred to the Committee on Education.

Favorable Roll Call

To Report Out:

Yeas: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Lindberg, Lipton, McCann and Tlaib

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Education.

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

House Bill No. 4514, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2010 PA 110.

With the recommendation that the bill be referred to the Committee on Education.

Favorable Roll Call

To Report Out:

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

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Education.

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

House Bill No. 5364, entitled

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

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, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Lindberg, Lipton, McCann and Tlaib

Nays: Rep. Agema

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

Senate Bill No. 683, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; and to provide for the expenditure of the appropriations.

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. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Lindberg, Lipton, McCann and Tlaib

Nays: None

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

House Concurrent Resolution No. 49.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of State Police Bay City State Police Post.

(For text of concurrent resolution, see House Journal No. 12, p. 148.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 29, 2012

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

Absent: Rep. Jackson

Excused: Rep. Jackson

The Committee on Government Operations, by Rep. Stamas, Chair, reported

Senate Bill No. 971, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 1 (MCL 423.201), as amended by 1999 PA 204.

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. Stamas, Nesbitt and McMillin

Nays: Reps. Barnett and Kandrevas

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stamas, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Wednesday, February 29, 2012

Present: Reps. Stamas, Nesbitt, McMillin, Barnett and Kandrevas

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

House Bill No. 5152, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 62 and 705 (MCL 257.62 and 257.705), section 62 as amended by 1992 PA 119 and section 705 as amended by 2011 PA 151.

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

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

Favorable Roll Call

To Report Out:

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

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, February 29, 2012

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 29, 2012

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

Messages from the Senate

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 Senate has substituted (S-1) the bill.

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

A bill to amend 1994 PA 451, entitled “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,” 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.

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

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 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 amended the title to read as follows:

A bill to amend 1994 PA 451, entitled “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,” 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 80143a.

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

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 Senate has amended the bill as follows:

1. Amend page 3, following line 17, by inserting:

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

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

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

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 Senate has amended the bill as follows:

1. Amend page 5, following line 6, following subsection (10) by inserting:

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

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

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

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 Senate has amended the bill as follows:

1. Amend page 4, following line 21, by inserting:

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

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

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

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 Senate has amended the bill as follows:

1. Amend page 2, following line 19, by inserting:

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

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

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

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. 5144.

Rep. Smiley

February 29, 2012

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

Pursuant to MCL 484.1713, I am appointing Mr. Jeffery Troyer of Centreville to the State 9-1-1 Committee for the term from today to February 28, 2014.

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Messages from the Governor

Date: February 28, 2012

Time: 3:06 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5085 (Public Act No. 30, I.E.), being

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

(Filed with the Secretary of State February 28, 2012, at 4:25 p.m.)

Date: February 28, 2012

Time: 3:08 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5086 (Public Act No. 31, I.E.), being

An act to amend 1976 PA 388, entitled “An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,” by amending sections 4, 6, 11, 15, and 57 (MCL 169.204, 169.206, 169.211, 169.215, and 169.257), section 4 as amended by 1989 PA 95, section 6 as amended by 2003 PA 69, section 11 as amended by 1996 PA 590, and sections 15 and 57 as amended by 2001 PA 250.

(Filed with the Secretary of State February 28, 2012, at 4:27 p.m.)

Date: February 28, 2012

Time: 3:18 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5071 (Public Act No. 33, I.E.), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 8151 (MCL 600.8151), as amended by 2000 PA 38.

(Filed with the Secretary of State February 28, 2012, at 4:31 p.m.)

Date: February 28, 2012

Time: 3:20 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5072 (Public Act No. 34, I.E.), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 8158 and 8163 (MCL 600.8158 and 600.8163).

(Filed with the Secretary of State February 28, 2012, at 4:33 p.m.)

Date: February 28, 2012

Time: 3:22 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5101 (Public Act No. 35, I.E.), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 524, 8146, 8147, and 8148 (MCL 600.524, 600.8146, 600.8147, and 600.8148), as amended by 2002 PA 92.

(Filed with the Secretary of State February 28, 2012, at 4:35 p.m.)

Date: February 28, 2012

Time: 3:24 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5102 (Public Act No. 36, I.E.), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 550a, 803, 8138, and 8156 (MCL 600.550a, 600.803, 600.8138, and 600.8156), section 550a as amended by 2002 PA 92 and sections 803 and 8138 as amended by 2011 PA 300.

(Filed with the Secretary of State February 28, 2012, at 4:37 p.m.)

Date: February 28, 2012

Time: 3:26 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5103 (Public Act No. 37, I.E.), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 8121 and 8123 (MCL 600.8121 and 600.8123), as amended by 2011 PA 300.

(Filed with the Secretary of State February 28, 2012, at 4:39 p.m.)

Date: February 28, 2012

Time: 3:28 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5104 (Public Act No. 38, I.E.), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 519 (MCL 600.519).

(Filed with the Secretary of State February 28, 2012, at 4:41 p.m.)

Communications from State Officers

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

February 15, 2012

In accordance with Section 8 of the Michigan Employment Security Act, being Section 421.8 of the Michigan Compiled Laws, the Unemployment Insurance Agency is required to report annually to the Governor and the Legislature any amount, in excess of $1.00, that the maximum weekly unemployment benefit rate would increase if the annual increase in the United States Department of Labor’s Consumer Price Index (CPI) were applied to the maximum weekly benefit rate.

I am therefore transmitting to the Governor, and to the House and Senate for publication along with this letter in the Journals of their respective bodies, the enclosed report showing that since the last increase in the maximum weekly benefit rate to $362.00, the increase in the CPI would result in an increase in the maximum weekly unemployment benefit rate to $453.19.

Respectfully submitted,

Steve Arwood, Director

Unemployment Insurance Agency

The communication was referred to the Clerk.

Introduction of Bills

Reps. Hobbs, Hammel, Wayne Schmidt, Haveman, O’Brien, Foster, Ananich, Townsend, Ouimet and Walsh introduced

House Bill No. 5446, entitled

A bill to regulate the use and enforceability of certain loan covenants in nonrecourse commercial loan transactions in this state.

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

Reps. Franz, Bumstead, Shirkey, Agema, Genetski, McMillin, Yonker, Huuki, Goike and Muxlow introduced

House Bill No. 5447, entitled

A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending sections 47 and 89 (MCL 460.1047 and 460.1089); and to repeal acts and parts of acts.

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

______

Rep. Smiley moved that the House adjourn.

The motion prevailed, the time being 3:15 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, March 1, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

274 JOURNAL OF THE HOUSE [February 29, 2012] [No. 21

No. 21] [February 29, 2012] JOURNAL OF THE HOUSE 275

276 JOURNAL OF THE HOUSE [February 29, 2012] [No. 21

No. 21] [February 29, 2012] JOURNAL OF THE HOUSE 277

278 JOURNAL OF THE HOUSE [February 29, 2012] [No. 21

No. 21] [February 29, 2012] JOURNAL OF THE HOUSE 279

280 JOURNAL OF THE HOUSE [February 29, 2012] [No. 21

No. 21] [February 29, 2012] JOURNAL OF THE HOUSE 281

282 JOURNAL OF THE HOUSE [February 29, 2012] [No. 21

No. 21] [February 29, 2012] JOURNAL OF THE HOUSE 283

284 JOURNAL OF THE HOUSE [February 29, 2012] [No. 21

No. 21] [February 29, 2012] JOURNAL OF THE HOUSE 285

286 JOURNAL OF THE HOUSE [February 29, 2012] [No. 21

No. 21] [February 29, 2012] JOURNAL OF THE HOUSE 287

288 JOURNAL OF THE HOUSE [February 29, 2012] [No. 21

No. 21] [February 29, 2012] JOURNAL OF THE HOUSE 289

290 JOURNAL OF THE HOUSE [February 29, 2012] [No. 21

No. 21] [February 29, 2012] JOURNAL OF THE HOUSE 291

292 JOURNAL OF THE HOUSE [February 29, 2012] [No. 21

No. 21] [February 29, 2012] JOURNAL OF THE HOUSE 293

294