No. 55

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Thursday, May 31, 2012.

12:00 Noon.

The House was called to order by the Speaker.

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

Agema—present Gilbert—present LeBlanc—present Price—present

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Dillon—present Jenkins—present Olumba—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

Rep. Mike Shirkey, from the 65th District, offered the following invocation:

“Heavenly Father

It is with great humility and thanksgiving we lift up the proceedings of this body for Your honor and glory.

Grant us discernment as we tend to the needs of our Great State.

Grant us the wisdom to know the difference between needs and wants.

Grant us the patience to listen and learn from one another.

Grant us the courage to be bold in our actions…. acknowledging You are the only One Who knows the limit of our days.

Guide our thoughts and our words. Guard our hearts from this world.

May this day be a blessing to You.

In Your Precious Son’s Name we Pray,

Amen.”

______

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

The motion prevailed.

Motions and Resolutions

Reps. Slavens, Bledsoe, Dillon, Darany, Haugh, McCann, Kandrevas, Hovey-Wright, Bauer, Santana, Jackson, Cavanagh, Liss, Rutledge, Irwin, Brunner, Smiley, Lane, Stanley, Lipton, Oakes, Barnett, Brown, Crawford, Geiss, Heise, Knollenberg, LeBlanc, Poleski, Switalski, Talabi and Tyler offered the following resolution:

House Resolution No. 283.

A resolution to declare May 2012 as Foster Care Awareness Month in the state of Michigan.

Whereas, There is nothing more precious to Michigan than the healthy growth and development of the young people who will determine the future direction of our state; and

Whereas, The family, serving as the primary source of love, identity, self-esteem, and support, is the very foundation of our communities and our state; and

Whereas, In Michigan, there are more than 13,000 children and youth in the foster care system who are being provided a safe, secure, and stable home environment along with the compassion and nurturing of a foster or relative foster family; and

Whereas, Foster families open their homes and hearts to children whose families are in crisis, thus they play a vital role in helping children and families heal, reconnect, and launch children into successful adulthood; and

Whereas, Dedicated foster families frequently adopt foster children, resulting in a continual need for more foster families; and

Whereas, Foster Care Awareness Month in the state of Michigan is an appropriate opportunity to thank the families who embrace the often thankless responsibility of providing a home and family to children in need of affection, love, and security and to support the efforts of those who dedicate their time to children in and leaving foster care; and

Whereas, The state of Michigan must do more to improve the lives of children in foster care; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 2012 as Foster Care Awareness Month in the state of Michigan. We encourage more citizens to volunteer their time to become a mentor to a child that is in foster care and realize that the state of Michigan must do more to improve the lives of children in foster care.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Johnson, Daley, Barnett, Darany, Geiss, Heise, Horn, LeBlanc, Liss, Poleski, Talabi and Tyler offered the following resolution:

House Resolution No. 284.

A resolution to declare May 31, 2012, as Silo Safety Awareness Day in the state of Michigan.

Whereas, Silos play an important role in the storage of agricultural products, but can pose a significant risk to those who work within them; and

Whereas, Accidents occur in Michigan and throughout the country each year within silos. Many of these tragedies could have been avoided with additional caution and an awareness of safety measures; and

Whereas, Workers within silos must always be conscious of basic silo safety rules. These rules include: ropes or safety harnesses are essential, crusted grain should never be walked on, a silo should never be entered from the bottom when material is collected to the sides of the bin or bridged overhead, tools that are used should not conduct electricity nor create sparks, and other workers should be present to assist and supervise if at all possible; and

Whereas, In memory of those who have been injured or killed while working in silos, it is our intent to help raise awareness about the inherent dangers that are present; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 31, 2012, as Silo Safety Awareness Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. LaFontaine, Foster, Johnson, Jenkins, Hughes, Gilbert, Denby, Pettalia, Shaughnessy, Graves, Muxlow, Forlini, Lund, MacMaster, Wayne Schmidt, Liss, Haugh, Lane, Barnett, Brown, Darany, Geiss, Heise, Horn, Knollenberg, LeBlanc, Poleski, Switalski and Tyler offered the following resolution:

House Resolution No. 285.

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

Whereas, Michigan and its economy are defined by the Great Lakes and depend on its great abundance of freshwater for manufacturing, tourism, fishing, public water supplies, agriculture, and numerous other uses; and

Whereas, Preventing the introduction of aquatic invasive species ultimately benefits the state of Michigan and stopping the introduction of these species would eliminate the need of the State of Michigan, business, industry, and citizens from employing costly methods to control and manage them; and

Whereas, Michigan has taken the lead in protecting the Great Lakes from aquatic invasive species from a number of pathways including ballast water, canals and waterways, organisms in trade, and recreational activities; and

Whereas, More than 180 non-indigenous aquatic invasive species have been introduced to the Great Lakes, many of which are displacing native species, disrupting habitats, and degrading natural, managed, and agricultural landscapes, requiring millions of dollars for control efforts each year; and

Whereas, Michigan has more than 1 million registered boaters and many other recreational, commercial, and industrial users of more than 11,000 lakes and ponds and over 36,000 miles of streams in the state, many of which are impacted by aquatic invasive species; and

Whereas, Aquatic invasive species awareness is an important first step toward behavior change, which prevents the introduction and spread of aquatic invasive species; and

Whereas, Spring marks the beginning of water-related recreational activities in Michigan; and

Whereas, Aquatic Invasive Species Awareness Week is an opportunity for government to join forces with business, industry, environmental groups, community organizations, and citizens to take action against the introduction and spread of aquatic invasive species; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 9-17, 2012, as Aquatic Invasive Species Awareness Week in the state of Michigan; and be it further

Resolved, All citizens must increase their understanding and awareness of aquatic invasive species and their ecological and economic impacts and take preventative measures to stop the spread and introduction of aquatic invasive species; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Department of Environmental Quality, Michigan Department of Agriculture and Rural Development, Michigan Department of Natural Resources, Michigan Department of Transportation, Great Lakes Fishery Commission, Council of Great Lakes Governors, Michigan congressional delegation, and the Great Lakes Commission.

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

Reps. LaFontaine, Foster, Johnson, Jenkins, Hughes, Gilbert, Denby, Shaughnessy, Pettalia, Graves, Muxlow, Forlini, Lund, MacMaster, Wayne Schmidt, Liss, Haugh, Lane, Barnett, Brown, Darany, Geiss, Heise, Horn, Knollenberg, LeBlanc, Poleski, Switalski, Talabi and Tyler offered the following concurrent resolution:

House Concurrent Resolution No. 56.

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

Whereas, Michigan and its economy are defined by the Great Lakes and depend on its great abundance of freshwater for manufacturing, tourism, fishing, public water supplies, agriculture, and numerous other uses; and

Whereas, Preventing the introduction of aquatic invasive species ultimately benefits the state of Michigan and stopping the introduction of these species would eliminate the need of the State of Michigan, business, industry, and citizens from employing costly methods to control and manage them; and

Whereas, Michigan has taken the lead in protecting the Great Lakes from aquatic invasive species from a number of pathways including ballast water, canals and waterways, organisms in trade, and recreational activities; and

Whereas, More than 180 non-indigenous aquatic invasive species have been introduced to the Great Lakes, many of which are displacing native species, disrupting habitats, and degrading natural, managed, and agricultural landscapes, requiring millions of dollars for control efforts each year; and

Whereas, Michigan has more than 1 million registered boaters and many other recreational, commercial, and industrial users of more than 11,000 lakes and ponds and over 36,000 miles of streams in the state, many of which are impacted by aquatic invasive species; and

Whereas, Aquatic invasive species awareness is an important first step toward behavior change, which prevents the introduction and spread of aquatic invasive species; and

Whereas, Spring marks the beginning of water-related recreational activities in Michigan; and

Whereas, Aquatic Invasive Species Awareness Week is an opportunity for government to join forces with business, industry, environmental groups, community organizations, and citizens to take action against the introduction and spread of aquatic invasive species; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the members of this legislative body declare June 9-17, 2012, as Aquatic Invasive Species Awareness Week in the state of Michigan; and be it further

Resolved, All citizens must increase their understanding and awareness of aquatic invasive species and their ecological and economic impacts and take preventative measures to stop the spread and introduction of aquatic invasive species; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Michigan Department of Environmental Quality, Michigan Department of Agriculture and Rural Development, Michigan Department of Natural Resources, Michigan Department of Transportation, Great Lakes Fishery Commission, Council of Great Lakes Governors, Michigan congressional delegation, and the Great Lakes Commission.

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

______

The Speaker called the Speaker Pro Tempore to the Chair.

Second Reading of Bills

House Bill No. 4862, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100b, 206, and 208 (MCL 330.1100b, 330.1206, and 330.1208), section 100b as amended by 2004 PA 499 and sections 206 and 208 as amended by 1995 PA 290; 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 Health Policy,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Poleski moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Poleski moved to amend the bill as follows:

1. Amend page 44, line 26, after “287.” by striking out all of subsection (1) and inserting:

“(1) PURSUANT TO APPROVAL OF THE MENTAL HEALTH MANAGED CARE WAIVER BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES, THE COMPOSITION OF THE PREPAID INPATIENT HEALTH PLAN BOARD SHALL CONSIST OF REPRESENTATIVES OF MENTAL HEALTH, DEVELOPMENTAL OR INTELLECTUAL DISABILITIES, AND SUBSTANCE USE DISORDER SERVICES. ADDITIONALLY, EACH COUNTY WITHIN THE PREPAID INPATIENT HEALTH PLAN’S SERVICE AREA SHALL APPOINT 1 MEMBER TO THE BOARD.”.

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

Rep. Poleski moved to amend the bill as follows:

1. Amend page 45, line 12, after “SHALL” by striking out “MAKE EVERY EFFORT TO”.

2. Amend page 45, line 14, after “SERVICES” by striking out the period.

3. Amend page 45, line 16, after “section” by striking out the balance of the sentence and inserting a period.

4. Amend page 45, line 21, by striking out all of subsection (4) and renumbering the remaining subsections.

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

Rep. LeBlanc moved to amend the bill as follows:

1. Amend page 24, following line 18, by inserting:

“(3) A COUNTY MAY ELECT TO CONTINUE PROVIDING SUBSTANCE USE DISORDER SERVICES IN THE MANNER PROVIDED BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED CHAPTER 2A.”.

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 20, line 18, after “(A)” by striking out “CRISIS” and inserting “EARLY INTERVENTION AND CRISIS”.

2. Amend page 22, line 1, after “to” by striking out “maintain” and inserting “FOSTER EDUCATION PREPAREDNESS, EMPLOYABILITY, AND PRESERVATION OF”.

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

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

The motion prevailed.

House Bill No. 4863, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7408a, 16106a, 16221, and 18214 (MCL 333.7408a, 333.16106a, 333.16221, and 333.18214), section 7408a as amended by 1999 PA 144, section 16106a as added by 1993 PA 80, and section 16221 as amended by 2004 PA 214.

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

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

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

The motion prevailed.

Senate Bill No. 723, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 10301.

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

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

Rep. Callton moved to amend the bill as follows:

1. Amend page 5, line 11, after “172,” by striking out the balance of the subparagraph and inserting “OR 175, OR A LAW OF ANOTHER STATE SUBSTANTIALLY SIMILAR TO PART 170, 172, OR 175.”.

2. Amend page 5, line 14, after “ARTICLE 17” by inserting “OR A LAW OF ANOTHER STATE SUBSTANTIALLY SIMILAR TO ARTICLE 17”.

The motion prevailed and the amendments were 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. 5572, entitled

A bill to support voluntary home visitation programs; to authorize the promulgation of rules regarding home visitation programs; and to prescribe the powers and duties of certain state departments and agencies.

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

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

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

The motion prevailed.

Senate Bill No. 1090, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20120e (MCL 324.20120e), as added by 2010 PA 228.

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

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.

House Bill No. 5609, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 78p.

The bill was read a second time.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Stamas moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

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

______

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

Third Reading of Bills

House Bill No. 5315, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 724 (MCL 330.1724), as amended by 1995 PA 290.

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

Roll Call No. 332 Yeas—109

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bledsoe Greimel Liss Rutledge

Bolger Haines Lori Santana

Brown Hammel Lund Schmidt, R.

Brunner Haugh Lyons Schmidt, W.

Bumstead Haveman MacGregor Segal

Byrum Heise MacMaster Shaughnessy

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Slavens

Clemente Horn McMillin Smiley

Constan Hovey-Wright Meadows Somerville

Cotter Howze Moss Stallworth

Crawford Hughes Muxlow Stamas

Daley Huuki Nathan Stanley

Damrow Irwin Nesbitt Stapleton

Darany Jackson O’Brien Switalski

Denby Jacobsen Oakes Talabi

Dillon Jenkins Olson 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.

Senate Bill No. 721, entitled

A bill to regulate the purchase and sale of certain plastic bulk merchandise containers; to require disclosures and record keeping by dealers of plastic bulk merchandise containers; and to provide for penalties and remedies.

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

Roll Call No. 333 Yeas—99

Ananich Genetski LeBlanc Rogers

Barnett Gilbert Lindberg Rutledge

Bauer Glardon Lipton Santana

Bledsoe Graves Liss Schmidt, R.

Bolger Greimel Lori Schmidt, W.

Brown Haines Lund Segal

Brunner Hammel Lyons Shaughnessy

Byrum Haugh MacGregor Shirkey

Callton Heise McBroom Slavens

Cavanagh Hobbs McCann Smiley

Clemente Horn Meadows Somerville

Constan Hovey-Wright Moss Stallworth

Cotter Howze Muxlow Stamas

Crawford Hughes Nathan Stanley

Daley Huuki Nesbitt Stapleton

Damrow Jackson O’Brien Switalski

Darany Jacobsen Oakes Talabi

Denby Jenkins Olson Tlaib

Dillon Johnson Ouimet Townsend

Durhal Kandrevas Outman Tyler

Farrington Knollenberg Pettalia Walsh

Forlini Kowall Poleski Womack

Foster Kurtz Price Yonker

Franz LaFontaine Pscholka Zorn

Geiss Lane Rendon

Nays—10

Agema Haveman MacMaster Opsommer

Bumstead Hooker McMillin Potvin

Goike 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.

Rep. MacMaster, 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:

This bill and SB 722 - Added regulation and burdensome paperwork is not what our businesses need.”

Senate Bill No. 722, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2010 PA 319.

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

Roll Call No. 334 Yeas—99

Ananich Genetski LeBlanc Rogers

Barnett Gilbert Lindberg Rutledge

Bauer Glardon Lipton Santana

Bledsoe Graves Liss Schmidt, R.

Bolger Greimel Lori Schmidt, W.

Brown Haines Lund Segal

Brunner Hammel Lyons Shaughnessy

Byrum Haugh MacGregor Shirkey

Callton Heise McBroom Slavens

Cavanagh Hobbs McCann Smiley

Clemente Horn Meadows Somerville

Constan Hovey-Wright Moss Stallworth

Cotter Howze Muxlow Stamas

Crawford Hughes Nathan Stanley

Daley Huuki Nesbitt Stapleton

Damrow Jackson O’Brien Switalski

Darany Jacobsen Oakes Talabi

Denby Jenkins Olson Tlaib

Dillon Johnson Ouimet Townsend

Durhal Kandrevas Outman Tyler

Farrington Knollenberg Pettalia Walsh

Forlini Kowall Poleski Womack

Foster Kurtz Price Yonker

Franz LaFontaine Pscholka Zorn

Geiss Lane Rendon

Nays—10

Agema Haveman MacMaster Opsommer

Bumstead Hooker McMillin Potvin

Goike Irwin

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 revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”

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.

______

Rep. MacMaster, 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:

Added regulation and burdensome paperwork/recordkeeping is not what our businesses need. This is a new regulation and an unfunded mandate.”

House Bill No. 5282, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 231a (MCL 750.231a), as amended by 2008 PA 196.

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

Roll Call No. 335 Yeas—95

Agema Genetski LaFontaine Potvin

Ananich Gilbert Lane Price

Barnett Glardon LeBlanc Pscholka

Bledsoe Goike Lindberg Rendon

Bolger Graves Liss Rogers

Brown Greimel Lori Santana

Brunner Haines Lund Schmidt, R.

Bumstead Hammel Lyons Schmidt, W.

Byrum Haugh MacGregor Segal

Callton Haveman MacMaster Shaughnessy

Clemente Heise McBroom Shirkey

Constan Hooker McCann Slavens

Cotter Horn McMillin Smiley

Crawford Howze Moss Somerville

Daley Hughes Muxlow Stamas

Damrow Huuki Nesbitt Stapleton

Darany Jackson O’Brien Switalski

Denby Jacobsen Oakes Townsend

Dillon Jenkins Olson Tyler

Farrington Johnson Opsommer Walsh

Forlini Kandrevas Ouimet Womack

Foster Knollenberg Outman Yonker

Franz Kowall Pettalia Zorn

Geiss Kurtz Poleski

Nays—14

Bauer Hovey-Wright Nathan Stanley

Cavanagh Irwin Rutledge Talabi

Durhal Lipton Stallworth Tlaib

Hobbs Meadows

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. 760, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222 and 223 (MCL 750.222 and 750.223), section 222 as amended by 2001 PA 135 and section 223 as amended by 1992 PA 221.

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

Roll Call No. 336 Yeas—109

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bledsoe Greimel Liss Rutledge

Bolger Haines Lori Santana

Brown Hammel Lund Schmidt, R.

Brunner Haugh Lyons Schmidt, W.

Bumstead Haveman MacGregor Segal

Byrum Heise MacMaster Shaughnessy

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Slavens

Clemente Horn McMillin Smiley

Constan Hovey-Wright Meadows Somerville

Cotter Howze Moss Stallworth

Crawford Hughes Muxlow Stamas

Daley Huuki Nathan Stanley

Damrow Irwin Nesbitt Stapleton

Darany Jackson O’Brien Switalski

Denby Jacobsen Oakes Talabi

Dillon Jenkins Olson 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 revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”

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. 761, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2008 PA 407.

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

Roll Call No. 337 Yeas—109

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bledsoe Greimel Liss Rutledge

Bolger Haines Lori Santana

Brown Hammel Lund Schmidt, R.

Brunner Haugh Lyons Schmidt, W.

Bumstead Haveman MacGregor Segal

Byrum Heise MacMaster Shaughnessy

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Slavens

Clemente Horn McMillin Smiley

Constan Hovey-Wright Meadows Somerville

Cotter Howze Moss Stallworth

Crawford Hughes Muxlow Stamas

Daley Huuki Nathan Stanley

Damrow Irwin Nesbitt Stapleton

Darany Jackson O’Brien Switalski

Denby Jacobsen Oakes Talabi

Dillon Jenkins Olson 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.

Senate Bill No. 762, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2951 (MCL 600.2951), as added by 1982 PA 186.

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

Roll Call No. 338 Yeas—109

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bledsoe Greimel Liss Rutledge

Bolger Haines Lori Santana

Brown Hammel Lund Schmidt, R.

Brunner Haugh Lyons Schmidt, W.

Bumstead Haveman MacGregor Segal

Byrum Heise MacMaster Shaughnessy

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Slavens

Clemente Horn McMillin Smiley

Constan Hovey-Wright Meadows Somerville

Cotter Howze Moss Stallworth

Crawford Hughes Muxlow Stamas

Daley Huuki Nathan Stanley

Damrow Irwin Nesbitt Stapleton

Darany Jackson O’Brien Switalski

Denby Jacobsen Oakes Talabi

Dillon Jenkins Olson 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 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,”

The House agreed to the full title.

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

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

House Bill No. 5543, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 27a (MCL 205.27a), as amended by 2011 PA 304.

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

Roll Call No. 339 Yeas—109

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bledsoe Greimel Liss Rutledge

Bolger Haines Lori Santana

Brown Hammel Lund Schmidt, R.

Brunner Haugh Lyons Schmidt, W.

Bumstead Haveman MacGregor Segal

Byrum Heise MacMaster Shaughnessy

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Slavens

Clemente Horn McMillin Smiley

Constan Hovey-Wright Meadows Somerville

Cotter Howze Moss Stallworth

Crawford Hughes Muxlow Stamas

Daley Huuki Nathan Stanley

Damrow Irwin Nesbitt Stapleton

Darany Jackson O’Brien Switalski

Denby Jacobsen Oakes Talabi

Dillon Jenkins Olson 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. 4513, entitled

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

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

Roll Call No. 340 Yeas—64

Agema Graves Lund Price

Bolger Haines Lyons Pscholka

Bumstead Haveman MacGregor Rendon

Crawford Heise MacMaster Rogers

Daley Hooker McBroom Schmidt, R.

Damrow Horn McMillin Schmidt, W.

Denby Hughes Moss Shaughnessy

Durhal Huuki Muxlow Shirkey

Farrington Jacobsen O’Brien Somerville

Forlini Jenkins Olson Stallworth

Foster Johnson Opsommer Stamas

Franz Knollenberg Ouimet Talabi

Genetski Kowall Outman Tyler

Gilbert Kurtz Pettalia Walsh

Glardon LaFontaine Poleski Yonker

Goike Lori Potvin Zorn

Nays—45

Ananich Darany Kandrevas Rutledge

Barnett Dillon Lane Santana

Bauer Geiss LeBlanc Segal

Bledsoe Greimel Lindberg Slavens

Brown Hammel Lipton Smiley

Brunner Haugh Liss Stanley

Byrum Hobbs McCann Stapleton

Callton Hovey-Wright Meadows Switalski

Cavanagh Howze Nathan Tlaib

Clemente Irwin Nesbitt Townsend

Constan Jackson Oakes Womack

Cotter

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. 744, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 1307 (MCL 324.1307), as amended by 2011 PA 236.

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

Roll Call No. 341 Yeas—109

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bledsoe Greimel Liss Rutledge

Bolger Haines Lori Santana

Brown Hammel Lund Schmidt, R.

Brunner Haugh Lyons Schmidt, W.

Bumstead Haveman MacGregor Segal

Byrum Heise MacMaster Shaughnessy

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Slavens

Clemente Horn McMillin Smiley

Constan Hovey-Wright Meadows Somerville

Cotter Howze Moss Stallworth

Crawford Hughes Muxlow Stamas

Daley Huuki Nathan Stanley

Damrow Irwin Nesbitt Stapleton

Darany Jackson O’Brien Switalski

Denby Jacobsen Oakes Talabi

Dillon Jenkins Olson 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.

House Bill No. 5577, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 30 and 32 (MCL 567.250 and 567.252), section 30 as amended by 2008 PA 208.

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

Roll Call No. 342 Yeas—109

Agema Gilbert Lane Price

Ananich Glardon LeBlanc Pscholka

Barnett Goike Lindberg Rendon

Bauer Graves Lipton Rogers

Bledsoe Greimel Liss Rutledge

Bolger Haines Lori Santana

Brown Hammel Lund Schmidt, R.

Brunner Haugh Lyons Schmidt, W.

Bumstead Haveman MacGregor Segal

Byrum Heise MacMaster Shaughnessy

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Slavens

Clemente Horn McMillin Smiley

Constan Hovey-Wright Meadows Somerville

Cotter Howze Moss Stallworth

Crawford Hughes Muxlow Stamas

Daley Huuki Nathan Stanley

Damrow Irwin Nesbitt Stapleton

Darany Jackson O’Brien Switalski

Denby Jacobsen Oakes Talabi

Dillon Jenkins Olson 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.

______

The Speaker Pro Tempore resumed the Chair.

______

Rep. Olumba entered the House Chambers.

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.

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

Roll Call No. 343 Yeas—63

Agema Goike Lori Poleski

Bolger Graves Lund Potvin

Bumstead Haines Lyons Price

Callton Haveman MacGregor Pscholka

Cotter Heise MacMaster Rendon

Crawford Hooker McBroom Rogers

Daley Horn McMillin Schmidt, W.

Damrow Hughes Moss Shaughnessy

Denby Huuki Muxlow Shirkey

Farrington Jacobsen Nesbitt Somerville

Forlini Jenkins O’Brien Stamas

Foster Johnson Olson Tyler

Franz Knollenberg Opsommer Walsh

Genetski Kowall Ouimet Yonker

Gilbert Kurtz Outman Zorn

Glardon LaFontaine Pettalia

Nays—47

Ananich Durhal LeBlanc Segal

Barnett Geiss Lindberg Slavens

Bauer Greimel Lipton Smiley

Bledsoe Hammel Liss Stallworth

Brown Haugh McCann Stanley

Brunner Hobbs Meadows Stapleton

Byrum Hovey-Wright Nathan Switalski

Cavanagh Howze Oakes Talabi

Clemente Irwin Olumba Tlaib

Constan Jackson Rutledge Townsend

Darany Kandrevas Santana Womack

Dillon Lane Schmidt, R.

In The Chair: Walsh

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

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

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.

______

Reps. Dillon, McCann, Byrum, Switalski, Barnett, Segal, Ananich, Tlaib, Brown, Santana, Bauer, Brunner, Smiley, Darany, Liss, Hammel, Slavens, Oakes, Bledsoe, Lindberg, Kandrevas, Stapleton, Townsend, Irwin, Haugh, Lane, Meadows, Cavanagh and Rutledge, having reserved the right to explain their protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted no on Senate Bill 1085 because the bill is an attempt to get around a federal court ruling that struck down the Legislature’s last attempt to ban project labor agreements (PLAs) in state construction projects. The Court found the legislation to be preempted by federal law. Specifically, PLAs are protected and sanctioned by the National Labor Relations Agreement (NLRA). This bill attempts to ban PLAs and will suffer the same fate as the last attempt. Further, PLAs do not prohibit competitive bidding and do not prohibit non-unionized companies from bidding on construction projects. There have been PLA projects with both union and non-union workers. PLAs are voluntary and are only used when the public or private owner determines that using a PLA is in its best interest for particular projects. Both private companies and public entities use PLAs. PLAs help work out difficult terms before a contract is entered into, including wage and safety specifications, benefits, and no-strike or no-lockout clauses. This helps projects get done within the required amount of time with known labor costs and little interruption. Furthermore, I did not support the gaveling on of Immediate Effect to SB 1085 without a roll call vote.”

House Bill No. 5124, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 401, 406, 407, 408, 410, 601, 841, and 8304 (MCL 600.401, 600.406, 600.407, 600.408, 600.410, 600.601, 600.841, and 600.8304), sections 401, 406, 407, 408, and 8304 as added by 2002 PA 678 and sections 410, 601, and 841 as amended by 2005 PA 326; 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. 344 Yeas—67

Agema Glardon LeBlanc Poleski

Bolger Goike Lori Potvin

Bumstead Graves Lund Price

Callton Haines Lyons Pscholka

Cavanagh Haveman MacGregor Rendon

Constan Heise MacMaster Rogers

Cotter Hooker McBroom Schmidt, R.

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Shaughnessy

Damrow Huuki Muxlow Shirkey

Denby Jacobsen Nesbitt Somerville

Farrington Jenkins O’Brien Stamas

Forlini Johnson Olson Tyler

Foster Knollenberg Opsommer Walsh

Franz Kowall Ouimet Yonker

Genetski Kurtz Outman Zorn

Gilbert LaFontaine Pettalia

Nays—43

Ananich Geiss Lindberg Slavens

Barnett Greimel Lipton Smiley

Bauer Hammel Liss Stallworth

Bledsoe Haugh McCann Stanley

Brown Hobbs Meadows Stapleton

Brunner Hovey-Wright Nathan Switalski

Byrum Howze Oakes Talabi

Clemente Irwin Olumba Tlaib

Darany Jackson Rutledge Townsend

Dillon Kandrevas Santana Womack

Durhal Lane Segal

In The Chair: Walsh

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 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 401, 406, 407, 408, 410, 601, 841, and 8304 (MCL 600.401, 600.406, 600.407, 600.408, 600.410, 600.601, 600.841, and 600.8304), sections 401, 406, 407, 408, and 8304 as added by 2002 PA 678 and sections 410, 601, and 841 as amended by 2005 PA 326, and by adding section 412; 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.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 31, for his approval of the following bill:

Enrolled House Bill No. 4632 at 11:30 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, May 31:

House Bill Nos. 5702 5703 5704 5705

Senate Bill No. 1152

Reports of Standing Committees

The Committee on Insurance, by Rep. Lund, Chair, reported

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.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lund, Shaughnessy, Opsommer, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Roy Schmidt, Kandrevas, Segal, Hovey-Wright, Howze, Geiss and Nathan

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 31, 2012

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

The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported

House Bill No. 5592, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4012 (MCL 600.4012), as amended by 1996 PA 10.

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. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Townsend, Stapleton, Rutledge and Lane

Nays: None

The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported

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.

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. Ouimet, Pettalia, Daley, Price, Rendon, Stanley, Constan, Townsend, Stapleton, Rutledge and Lane

Nays: None

The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported

House Bill No. 5705, entitled

A bill to amend 1990 PA 100, entitled “City utility users tax act,” by amending section 2 (MCL 141.1152), as amended by 2011 PA 57, and by adding sections 8a and 8b.

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. Ouimet, Pettalia, Daley, Price, Shaughnessy, Rendon, Stanley, Constan, Townsend, Stapleton, Rutledge and Lane

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ouimet, Chair, of the Committee on Local, Intergovernmental, and Regional Affairs, was received and read:

Meeting held on: Thursday, May 31, 2012

Present: Reps. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Townsend, Stapleton, Rutledge and Lane

The Committee on Judiciary, by Rep. Walsh, Chair, reported

House Bill No. 5128, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 10B

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. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Walsh, Chair, reported

House Bill No. 5658, entitled

A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending sections 2 and 6 (MCL 800.322 and 800.326), section 2 as amended by 1996 PA 537 and section 6 as amended by 2010 PA 308.

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. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter and Graves

Nays: Reps. Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 551, entitled

A bill to amend 1909 PA 17, entitled “An act to prohibit or limit the access by prisoners and by employees of correctional facilities to certain weapons and wireless communication devices and to alcoholic liquor, drugs, medicines, poisons, and controlled substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto certain facilities and real property, and the disposition of, certain weapons, substances, and wireless communication devices; to prohibit or limit the selling, giving, or furnishing of certain weapons, substances, and wireless communication devices to prisoners; to prohibit the control or possession of certain weapons, substances, and wireless communication devices by prisoners; and to prescribe penalties,” by amending section 3a (MCL 800.283a), as added by 2006 PA 540.

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 552, entitled

A bill to amend 1981 PA 7, entitled “An act to prohibit without authorization the bringing into jails and other specified areas any alcoholic liquor, controlled substances, weapons, and certain other items; the selling or furnishing to prisoners, and the improper disposal of any alcoholic liquor, controlled substances, weapons, and certain other items; the possession or control by prisoners of any alcoholic liquor, controlled substances, weapons, and certain other items; to prescribe a penalty; and to repeal certain acts and parts of acts,” (MCL 801.261 to 801.267) by adding section 2a.

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported

Senate Bill No. 698, entitled

A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending section 7 (MCL 551.7), as amended by 2008 PA 47.

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. Heise, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported

Senate Bill No. 699, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 874 (MCL 600.874).

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. Heise, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Heise, Vice-Chair, reported

Senate Bill No. 700, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8316 (MCL 600.8316).

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. Heise, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 861, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34a (MCL 791.234a), as added by 2010 PA 194.

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. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 31, 2012

Present: Reps. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Absent: Rep. Olumba

Excused: Rep. Olumba

Introduction of Bills

Reps. Cotter, Horn, Heise, Somerville, Ananich, Yonker, Johnson, Kowall, Callton, Olson, MacGregor, Damrow and Hughes introduced

House Bill No. 5706, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3020 and 3104 (MCL 500.3020 and 500.3104), section 3020 as amended by 2006 PA 106 and section 3104 as amended by 2002 PA 662.

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

Reps. Cotter, Horn, Heise, Somerville, Ananich, Yonker, Johnson, Kowall, Callton, Olson, MacGregor, Damrow, Hughes and Cavanagh introduced

House Bill No. 5707, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3009a.

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

Rep. Geiss introduced

House Bill No. 5708, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 553b.

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

Reps. Darany, Lindberg, Tlaib, Hovey-Wright, Constan, Bauer, Bledsoe, Slavens, Dillon, McCann, Geiss, McBroom, Haugh, Kandrevas, Ananich, Greimel, Liss, Damrow, Haines, Heise and Townsend introduced

House Bill No. 5709, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7545a.

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

Reps. Byrum, Durhal, Switalski, Bauer and Brown introduced

House Bill No. 5710, 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 sections 9a, 10c, and 20a (MCL 247.659a, 247.660c, and 247.670a), as amended by 2010 PA 257.

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

Rep. Rendon introduced

House Bill No. 5711, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2803, 2804, 2834, 2848, 13807, 16221, 16226, 16299, 17015, 17515, and 20115 (MCL 333.2803, 333.2804, 333.2834, 333.2848, 333.13807, 333.16221, 333.16226, 333.16299, 333.17015, 333.17515, and 333.20115), sections 2803, 2834, and 2848 as amended by 2002 PA 562, section 2804 as amended by 1990 PA 149, section 13807 as added by 1990 PA 21, section 16221 as amended by 2011 PA 222, section 16226 as amended by 2011 PA 224, section 16299 as amended by 2002 PA 685, section 17015 as amended by 2006 PA 77, section 17515 as added by 1993 PA 133, and section 20115 as amended by 1999 PA 206, and by adding sections 2836, 2854, 17015a, 17017, 17019, 17517, and 17519.

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

Rep. Franz introduced

House Bill No. 5712, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16l and 16p of chapter XVII (MCL 777.16l and 777.16p), section 16p as amended by 2008 PA 467.

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

Rep. Shaughnessy introduced

House Bill No. 5713, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding sections 213a and 324.

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

Reps. Somerville, Damrow, Heise, Kowall and McBroom introduced

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 first time by its title and referred to the Committee on Judiciary.

Reps. Price and Horn introduced

House Bill No. 5715, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 22 (MCL 421.22), as amended by 2005 PA 17.

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

Rep. Segal introduced

House Bill No. 5716, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 619 (MCL 257.619), as amended by 2005 PA 3.

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

Reps. Franz, Daley and Pscholka introduced

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.

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

By unanimous consent the House returned to the order of

Reports of Select Committees

First Conference Report

The Committee of Conference on the matters of difference between the two Houses concerning

House Bill No. 5365, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, capital outlay, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2013; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

Recommends:

First: That the Senate recede from the Substitute of the Senate as passed by the Senate.

Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, capital outlay, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2013; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

ARTICLE I

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. Subject to the conditions set forth in this article, the amounts listed in this part are appropriated for the department of agriculture and rural development for the fiscal year ending September 30, 2013, from the funds indicated in this part. The following is a summary of the appropriations in this part:

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

APPROPRIATION SUMMARY

Full-time equated unclassified positions.............................................................................6.0

Full-time equated classified positions.............................................................................425.0

GROSS APPROPRIATION.......................................................................................................... $ 76,953,000

Interdepartmental grant revenues:

IDG from LARA (LCC), liquor quality testing fees.................................................................... 209,900

IDG from MDNR, forest development fund................................................................................ 200,000

IDG from MDEQ, biosolids......................................................................................................... 107,000

One-time interdepartmental grant revenues.................................................................................. 2,400

Total interdepartmental grants and intradepartmental transfers................................................... 519,300

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 76,433,700

Federal revenues:

USDA, multiple grants................................................................................................................. 7,629,800

EPA, multiple grants..................................................................................................................... 1,704,400

HHS-FDA..................................................................................................................................... 1,780,400

One-time federal revenues............................................................................................................ 85,000

Total federal revenues................................................................................................................... 11,199,600

Special revenue funds:

Total local revenues...................................................................................................................... 0

Private - slow-the-spread foundation............................................................................................ 86,800

Private - commodity group revenue............................................................................................. 87,500

One-time private revenues............................................................................................................ 1,500

Total private revenues................................................................................................................... 175,800

Agricultural preservation fund...................................................................................................... 1,395,300

Agriculture equine industry development fund............................................................................ 3,834,900

Animal welfare fund..................................................................................................................... 209,600

Commodity inspection fees.......................................................................................................... 566,300

Consumer and industry food safety education fund..................................................................... 306,200

Dairy and food safety fund.......................................................................................................... 3,159,800

Freshwater protection fund........................................................................................................... 5,095,500

Gasoline inspection and testing fund........................................................................................... 2,570,200

Grain dealer fee fund.................................................................................................................... 535,200

Horticulture fund.......................................................................................................................... 75,800

Industry support funds.................................................................................................................. 549,100

Licensing and inspection fees...................................................................................................... 4,266,800

Migratory labor housing fund...................................................................................................... 157,000

Nonretail liquor fees..................................................................................................................... 782,900

Refined petroleum fund................................................................................................................ 4,012,000

Renewable fuels fund................................................................................................................... 50,000

Testing fees................................................................................................................................... 475,300

Weights and measures regulation fees.......................................................................................... 771,400

One-time state restricted revenues................................................................................................ 146,100

Total other state restricted revenues............................................................................................. 28,959,400

State general fund/general purpose.............................................................................................. $ 36,098,900

State general fund/general purpose schedule:

Ongoing state general fund/general purpose..........................................................33,863,600

One-time state general fund/general purpose...........................................................2,235,300

Sec. 102. DEPARTMENTWIDE

Full-time equated unclassified positions.............................................................................6.0

Full-time equated classified positions...............................................................................27.0

Commissions and boards.............................................................................................................. $ 23,800

Unclassified positions—6.0 FTE positions.................................................................................. 700,000

Executive direction—9.0 FTE positions....................................................................................... 1,287,300

Management services—15.0 FTE positions................................................................................. 995,200

Statistical reporting service—1.0 FTE positions.......................................................................... 157,300

Emergency management—2.0 FTE positions............................................................................... 770,500

Accounting service center............................................................................................................ 920,200

Rent and building occupancy....................................................................................................... 1,008,700

GROSS APPROPRIATION.......................................................................................................... $ 5,863,000

Appropriated from:

Federal revenues:

USDA, multiple grants................................................................................................................. 228,400

EPA, multiple grants..................................................................................................................... 177,000

HHS-FDA..................................................................................................................................... 552,300

Special revenue funds:

Private - commodity group revenue............................................................................................. 87,500

Agricultural preservation fund...................................................................................................... 23,100

Freshwater protection fund........................................................................................................... 34,100

Industry support funds.................................................................................................................. 49,500

Licensing and inspection fees...................................................................................................... 159,500

Nonretail liquor fees..................................................................................................................... 38,100

Refined petroleum fund................................................................................................................ 320,300

State general fund/general purpose.............................................................................................. $ 4,193,200

Sec. 103. INFORMATION AND TECHNOLOGY

Information technology services and projects.............................................................................. $ 1,384,900

GROSS APPROPRIATION.......................................................................................................... $ 1,384,900

Appropriated from:

Interdepartmental grant revenues:

IDG from LARA (LCC), liquor quality testing fees.................................................................... 3,000

Special revenue funds:

Agricultural preservation fund...................................................................................................... 200

Agriculture equine industry development fund............................................................................ 80,800

Freshwater protection fund........................................................................................................... 100

Gasoline inspection testing fund.................................................................................................. 29,500

Licensing and inspection fees...................................................................................................... 30,400

Nonretail liquor fees..................................................................................................................... 500

State general fund/general purpose.............................................................................................. $ 1,240,400

Sec. 104. FOOD AND DAIRY

Full-time equated classified positions.............................................................................101.0

Food safety and quality assurance—75.0 FTE positions............................................................. $ 10,167,500

Milk safety and quality assurance—26.0 FTE positions.............................................................. 3,474,800

GROSS APPROPRIATION.......................................................................................................... $ 13,642,300

Appropriated from:

Federal revenues:

USDA, multiple grants................................................................................................................. 247,500

HHS-FDA..................................................................................................................................... 476,400

Special revenue funds:

Consumer and industry food safety education fund..................................................................... 306,200

Dairy and food safety fund.......................................................................................................... 3,159,800

State general fund/general purpose.............................................................................................. $ 9,452,400

Sec. 105. ANIMAL INDUSTRY

Full-time equated classified positions...............................................................................60.0

Animal disease prevention and response—60.0 FTE positions................................................... $ 8,956,700

Indemnification - livestock depredation....................................................................................... 50,000

GROSS APPROPRIATION.......................................................................................................... $ 9,006,700

Appropriated from: