No. 74

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Tuesday, November 27, 2012.

1:30 p.m.

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

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

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

Ananich—present Glardon—present Lindberg—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—excused 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—excused

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. Kurt E. Damrow, from the 84th District, offered the following invocation:

“Heavenly Father, hear us as we pray. You have made the earth and all its people and You have bestowed upon us every blessing imaginable. With grateful hearts we thank You for this beautiful state of lakes and trees and cities, of hills and valleys, of outstanding institutions, of factories and schools, of farms, stores, and churches. Thank You for the home we call Michigan.

You have given us this new day that we might use it to do the work of the people, so be beside us today as we make decisions and as we strive to do what is right in each situation. May we be the voice of each man, woman, and child in our districts and throughout the state, as we speak, act and vote on their behalf.

We give You thanks for putting us in this place of service and we humbly ask that You bless and safeguard our families and the families of our constituents, wherever they may be. In the name of our Savior, Amen.”

______

Rep. Segal moved that Reps. Olumba and Womack be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Brown, Barnett and Darany offered the following resolution:

House Resolution No. 328.

A resolution to declare December 1, 2012, as AIDS Day in the state of Michigan.

Whereas, December 1, 2012, has been designated as World AIDS Day; and

Whereas, AIDS Day provides opportunities to focus on the existing concerns and policies affecting the global fight against HIV and AIDS. It also draws attention to the massive impact that HIV and AIDS has on our community; and

Whereas, The United Nations Program on HIV and AIDS annually observes December 1 as World AIDS Day, a day to increase and reinforce the universal effort to end the proliferation of HIV and AIDS and to bring awareness to the global intricacies we face; and

Whereas, In 2011, there were 2.5 million new HIV infections and 1.7 million HIV/AIDS related deaths worldwide; and

Whereas, Globally, there are an estimated 34.2 million people living with HIV; and

Whereas, The current reported prevalence of HIV/AIDS in Michigan is 14,715; and

Whereas, This year’s AIDS Day theme is “Working Together for an AIDS-Free Generation; and

Whereas, The overall purpose of AIDS Day has been a theme of “Getting to Zero”; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare December 1, 2012, as AIDS Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.

Rep. Potvin offered the following concurrent resolution:

House Concurrent Resolution No. 67.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Ferris State University relative to the Ferris State University College of Pharmacy.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL 830.415, requires the approval of the Board of Trustees of Ferris State University (the “Educational Institution”), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the “Authority”); and

Whereas, The site for the Ferris State University College of Pharmacy (the “Facility”) is currently owned by the Educational Institution; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the “State”) may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the “Lease”); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Ferris State University College of Pharmacy shall not exceed $8,800,000 (the Authority share is $6,599,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $2,200,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $6,599,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of “True Rental” for the Facility shall be within or below the range of $453,000 and $592,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Ferris State University, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

Third Reading of Bills

Senate Bill No. 356, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4702 (MCL 600.4702), as amended by 2002 PA 142.

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

Roll Call No. 594 Yeas—101

Ananich Glardon Lane Pscholka

Barnett Goike LeBlanc Rendon

Bauer Graves Lindberg Rogers

Bledsoe Greimel Lipton Rutledge

Bolger Haines Liss Santana

Brown Hammel Lori Schmidt, R.

Brunner Haugh Lund Schmidt, W.

Byrum Haveman Lyons Segal

Callton Heise MacGregor Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn Meadows Smiley

Cotter Hovey-Wright Moss Somerville

Crawford Howze Muxlow Stallworth

Damrow Hughes Nathan Stamas

Darany Huuki Nesbitt Stanley

Denby Jackson O’Brien Stapleton

Dillon Jacobsen Oakes Switalski

Durhal Jenkins Olson Talabi

Farrington Johnson Opsommer Tlaib

Forlini Kandrevas Ouimet Townsend

Foster Knollenberg Outman Tyler

Franz Kowall Pettalia Walsh

Geiss Kurtz Poleski Yonker

Genetski LaFontaine Price Zorn

Gilbert

Nays—7

Agema Daley MacMaster Potvin

Bumstead Irwin McMillin

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 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. 5789, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3801 (MCL 600.3801), as amended by 1988 PA 2.

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

Roll Call No. 595 Yeas—104

Ananich Glardon Lane Price

Barnett Goike LeBlanc Pscholka

Bauer Graves Lindberg Rendon

Bledsoe Greimel Lipton Rogers

Bolger Haines Liss Rutledge

Brown Hammel Lori Santana

Brunner Haugh Lund Schmidt, R.

Byrum Haveman Lyons Schmidt, W.

Callton Heise MacGregor Segal

Cavanagh Hobbs MacMaster Shaughnessy

Clemente Hooker McBroom Shirkey

Constan Horn McCann Slavens

Cotter Hovey-Wright McMillin Smiley

Crawford Howze Meadows Somerville

Damrow Hughes Moss Stallworth

Darany Huuki Muxlow Stamas

Denby Irwin Nathan Stanley

Dillon Jackson Nesbitt Stapleton

Durhal Jacobsen O’Brien Switalski

Farrington Jenkins Oakes Talabi

Forlini Johnson Olson Tlaib

Foster Kandrevas Opsommer Townsend

Franz Knollenberg Ouimet Tyler

Geiss Kowall Outman Walsh

Genetski Kurtz Pettalia Yonker

Gilbert LaFontaine Poleski Zorn

Nays—4

Agema Bumstead Daley Potvin

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Senate Bill No. 358, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2010 PA 362.

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

Roll Call No. 596 Yeas—104

Ananich Glardon Lane Price

Barnett Goike LeBlanc Pscholka

Bauer Graves Lindberg Rendon

Bledsoe Greimel Lipton Rogers

Bolger Haines Liss Rutledge

Brown Hammel Lori Santana

Brunner Haugh Lund Schmidt, R.

Byrum Haveman Lyons Schmidt, W.

Callton Heise MacGregor Segal

Cavanagh Hobbs MacMaster Shaughnessy

Clemente Hooker McBroom Shirkey

Constan Horn McCann Slavens

Cotter Hovey-Wright McMillin Smiley

Crawford Howze Meadows Somerville

Damrow Hughes Moss Stallworth

Darany Huuki Muxlow Stamas

Denby Irwin Nathan Stanley

Dillon Jackson Nesbitt Stapleton

Durhal Jacobsen O’Brien Switalski

Farrington Jenkins Oakes Talabi

Forlini Johnson Olson Tlaib

Foster Kandrevas Opsommer Townsend

Franz Knollenberg Ouimet Tyler

Geiss Kowall Outman Walsh

Genetski Kurtz Pettalia Yonker

Gilbert LaFontaine Poleski Zorn

Nays—4

Agema Bumstead Daley Potvin

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 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.

House Bill No. 5673, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5201, 5202, 5203, and 5204 (MCL 324.5201, 324.5202, 324.5203, and 324.5204), section 5201 as amended by 2005 PA 257, sections 5202 and 5203 as added by 2002 PA 397, and section 5204 as amended by 2010 PA 232, and by adding sections 5204e and 5204f.

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

Roll Call No. 597 Yeas—108

Agema Genetski LaFontaine Potvin

Ananich Gilbert Lane Price

Barnett Glardon LeBlanc Pscholka

Bauer Goike Lindberg Rendon

Bledsoe Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5674, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5301 and 5303 (MCL 324.5301 and 324.5303), section 5301 as amended by 2005 PA 255 and section 5303 as amended by 2002 PA 398; 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. 598 Yeas—108

Agema Genetski LaFontaine Potvin

Ananich Gilbert Lane Price

Barnett Glardon LeBlanc Pscholka

Bauer Goike Lindberg Rendon

Bledsoe Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5675, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5402 and 5406 (MCL 324.5402 and 324.5406), as added by 1997 PA 26.

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

Roll Call No. 599 Yeas—108

Agema Genetski LaFontaine Potvin

Ananich Gilbert Lane Price

Barnett Glardon LeBlanc Pscholka

Bauer Goike Lindberg Rendon

Bledsoe Graves Lipton Rogers

Bolger Greimel Liss Rutledge

Brown Haines Lori Santana

Brunner Hammel Lund Schmidt, R.

Bumstead Haugh Lyons Schmidt, W.

Byrum Haveman MacGregor Segal

Callton Heise MacMaster Shaughnessy

Cavanagh Hobbs McBroom Shirkey

Clemente Hooker McCann Slavens

Constan Horn McMillin Smiley

Cotter Hovey-Wright Meadows Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jackson O’Brien Switalski

Dillon Jacobsen Oakes Talabi

Durhal Jenkins Olson Tlaib

Farrington Johnson Opsommer Townsend

Forlini Kandrevas Ouimet Tyler

Foster Knollenberg Outman Walsh

Franz Kowall Pettalia Yonker

Geiss Kurtz Poleski Zorn

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5676, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 19708 (MCL 324.19708), as amended by 2010 PA 232.

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

Roll Call No. 600 Yeas—105

Agema Gilbert LaFontaine Price

Ananich Glardon Lane Pscholka

Barnett Goike LeBlanc Rendon

Bauer Graves Lindberg Rogers

Bolger Greimel Lipton Rutledge

Brown Haines Liss Santana

Brunner Hammel Lori Schmidt, R.

Bumstead Haugh Lund Schmidt, W.

Byrum Haveman Lyons Segal

Callton Heise MacGregor Shaughnessy

Cavanagh Hobbs MacMaster Shirkey

Clemente Hooker McBroom Slavens

Constan Horn McCann Smiley

Cotter Hovey-Wright McMillin Somerville

Crawford Howze Moss Stallworth

Daley Hughes Muxlow Stamas

Damrow Huuki Nesbitt Stanley

Darany Irwin O’Brien Stapleton

Denby Jackson Oakes Switalski

Dillon Jacobsen Olson Talabi

Durhal Jenkins Opsommer Tlaib

Farrington Johnson Ouimet Townsend

Forlini Kandrevas Outman Tyler

Foster Knollenberg Pettalia Walsh

Franz Kowall Poleski Yonker

Geiss Kurtz Potvin Zorn

Genetski

Nays—3

Bledsoe Meadows Nathan

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5096, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 27a and 68 of chapter X (MCL 710.27a and 710.68), section 27a as added by 1994 PA 208 and section 68 as amended by 1994 PA 373.

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

Roll Call No. 601 Yeas—107

Agema Genetski Lane Price

Ananich Gilbert LeBlanc Pscholka

Barnett Glardon 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 Yonker

Franz Kurtz Poleski Zorn

Geiss LaFontaine Potvin

Nays—1

Goike

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5097, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2010 PA 7.

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

Roll Call No. 602 Yeas—107

Agema Genetski Lane Price

Ananich Gilbert LeBlanc Pscholka

Barnett Glardon 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 Yonker

Franz Kurtz Poleski Zorn

Geiss LaFontaine Potvin

Nays—1

Goike

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 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2012 PA 115.

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.

______

Rep. Stamas moved that Rep. Damrow be excused temporarily from today’s session.

The motion prevailed.

House Bill No. 5805, entitled

A bill to recognize the operation of health care sharing ministries by eligible entities; and to provide that entities that establish and operate health care sharing ministries are not engaging in the business of insurance.

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

Roll Call No. 603 Yeas—77

Agema Graves LeBlanc Outman

Bolger Haines Liss Pettalia

Brunner Haveman Lori Poleski

Bumstead Heise Lund Price

Callton Hobbs Lyons Pscholka

Clemente Hooker MacGregor Rendon

Cotter Horn MacMaster Rogers

Crawford Howze McBroom Schmidt, R.

Daley Hughes McCann Schmidt, W.

Denby Huuki McMillin Segal

Dillon Jacobsen Moss Shaughnessy

Farrington Jenkins Muxlow Shirkey

Forlini Johnson Nathan Somerville

Foster Kandrevas Nesbitt Stamas

Franz Knollenberg O’Brien Stapleton

Geiss Kowall Oakes Tyler

Genetski Kurtz Olson Walsh

Gilbert LaFontaine Opsommer Yonker

Glardon Lane Ouimet Zorn

Goike

Nays—30

Ananich Darany Lindberg Smiley

Barnett Durhal Lipton Stallworth

Bauer Greimel Meadows Stanley

Bledsoe Hammel Potvin Switalski

Brown Haugh Rutledge Talabi

Byrum Hovey-Wright Santana Tlaib

Cavanagh Irwin Slavens Townsend

Constan Jackson

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members on Friday, November 9:

House Bill No. 6023

Reports of Standing Committees

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

House Bill No. 6023, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 515 (MCL 208.1515), as amended by 2009 PA 106.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Ouimet, Constan, Kandrevas, Townsend and Hobbs

Nays: None

Second Reading of Bills

House Bill No. 6023, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 515 (MCL 208.1515), as amended by 2009 PA 106.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6023, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 515 (MCL 208.1515), as amended by 2009 PA 106.

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

Roll Call No. 604 Yeas—85

Agema Glardon LaFontaine Outman

Ananich Goike Lane Pettalia

Bledsoe Graves LeBlanc Poleski

Bolger Greimel Lindberg Potvin

Brunner Haines Liss Price

Bumstead Hammel Lori Pscholka

Byrum Haugh Lund Rendon

Callton Haveman Lyons Rogers

Cavanagh Heise MacGregor Rutledge

Clemente Hobbs MacMaster Schmidt, R.

Constan Hooker McBroom Schmidt, W.

Cotter Horn McMillin Shaughnessy

Crawford Hughes Meadows Shirkey

Daley Huuki Moss Somerville

Darany Jacobsen Muxlow Stamas

Denby Jenkins Nesbitt Stanley

Farrington Johnson O’Brien Townsend

Forlini Kandrevas Oakes Tyler

Foster Knollenberg Olson Walsh

Franz Kowall Opsommer Yonker

Genetski Kurtz Ouimet Zorn

Gilbert

Nays—22

Barnett Hovey-Wright Nathan Stallworth

Bauer Howze Santana Stapleton

Brown Irwin Segal Switalski

Dillon Jackson Slavens Talabi

Durhal Lipton Smiley Tlaib

Geiss McCann

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5487, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 42 and 726c (MCL 257.42 and 257.726c), as amended by 1989 PA 173.

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

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

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

The motion prevailed.

House Bill No. 4800, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 705 (MCL 380.705), as amended by 2003 PA 299.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5055, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 11a.

The bill was read a second time.

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

The motion prevailed.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Opsommer to the Chair.

House Bill No. 5682, entitled

A bill to amend 1991 PA 46, entitled “Eligible domestic relations order act,” by amending section 2 (MCL 38.1702), as amended by 2008 PA 348.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5798, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11503 and 11506 (MCL 324.11503 and 324.11506), section 11503 as amended by 2007 PA 212 and section 11506 as amended by 2010 PA 345, and by adding section 11521b.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Regulatory Reform (for amendments, see House Journal No. 68, p. 2131),

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

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

The motion prevailed.

House Bill No. 4609, entitled

A bill to amend 1993 PA 354, entitled “Railroad code of 1993,” by amending section 315 (MCL 462.315), as amended by 2001 PA 5.

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

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

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

The motion prevailed.

House Bill No. 5839, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 87c (MCL 211.87c), as amended by 2002 PA 165.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5843, entitled

A bill to prohibit organized retail crime and to provide penalties for that crime; to provide for forfeiture of and restitution for stolen retail merchandise in certain circumstances; to create the organized retail crime advisory board and to prescribe its powers and duties; and to provide for the administration of this act.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Graves moved to substitute (H-2) the bill.

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

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

The motion prevailed.

House Bill No. 5902, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17d of chapter XVII (MCL 777.17d), as added by 2002 PA 28.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5892, entitled

A bill to amend 1984 PA 424, entitled “Rental-purchase agreement act,” by amending sections 7, 8, and 20 (MCL 445.957, 445.958, and 445.970).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4263, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2918 (MCL 600.2918).

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

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 3, line 25, after “PREMISES” by inserting “AND MAILED A NOTICE TO THE TENANT AT THAT ADDRESS BY FIRST CLASS UNITED STATES MAIL”.

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.

House Bill No. 4998, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5732 and 5739 (MCL 600.5732 and 600.5739), section 5739 as amended by 2006 PA 147, and by adding section 5736.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5600, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 257.

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

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

Rep. Haveman moved to substitute (H-4) the bill.

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

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

The motion prevailed.

House Bill No. 5076, entitled

A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” by amending sections 16 and 18 (MCL 141.436 and 141.438), as amended by 2000 PA 493.

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

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

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

The motion prevailed.

House Bill No. 5692, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 71, 72, and 73 (MCL 750.71, 750.72, and 750.73).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5693, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 74, 75, and 76 (MCL 750.74, 750.75, and 750.76), section 74 as amended by 1998 PA 312.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5694, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 77, 78, and 79 (MCL 750.77, 750.78, and 750.79), section 77 as amended by 1998 PA 312.

The bill was read a second time.

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

The motion prevailed.

______

The Speaker Pro Tempore resumed the Chair.

House Bill No. 5695, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16c of chapter XVII (MCL 777.16c), as amended by 2000 PA 279.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 152, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding sections 7, 8, 9, 10, and 11 to chapter III.

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

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

Rep. Walsh moved to amend the bill as follows:

1. Amend page 6, line 16, by striking out all of subsection (5).

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

Rep. Walsh moved to amend the bill as follows:

1. Amend page 4, line 9, after “STATEMENT” by striking out “OR TO PRESERVE A RECORDED STATEMENT”.

2. Amend page 4, line 10, after “CHAPTER” by inserting “OR TO PRESERVE A RECORDED STATEMENT”.

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

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

The motion prevailed.

House Bill No. 5952, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 401c (MCL 484.1401c), as amended by 2012 PA 260.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5931, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 111a (MCL 400.111a), as amended by 2000 PA 187.

The bill was read a second time.

Rep. Lori 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. Agema moved that the Committee on Commerce be discharged from further consideration of House Bill No. 4024.

(For first notice see House Journal No. 73, p. 2267.)

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

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

The motion prevailed.

Rep. Agema moved that the Committee on Commerce be discharged from further consideration of House Bill No. 4026.

(For first notice see House Journal No. 73, p. 2267.)

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

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

The motion prevailed.

Rep. Agema moved that the Committee on Judiciary be discharged from further consideration of House Bill No. 4305.

(For first notice see House Journal No. 73, p. 2267.)

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

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

The motion prevailed.

Rep. Agema moved that the Committee on Judiciary be discharged from further consideration of House Bill No. 4769 and motion postponed until today on September 12, see House Journal No. 66, p. 2065.

(For first notice see House Journal No. 65, p. 2041.)

The question being on the motion made previously by Rep. Agema,

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

The motion prevailed.

______

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

The motion prevailed.

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 Friday, November 9:

House Bill Nos. 5984 5985 5986 5987 5988 5989 5990 5991 5992 5993 5994 5995 5996 5997

5998 5999 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011

6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6024 6025 6026

6027 6028 6029 6030 6031

Senate Bill Nos. 1352 1353 1354 1355 1356 1357 1359 1360 1361 1362 1363 1364 1365 1366

1367

The Clerk announced that the following Senate bills had been received on Tuesday, November 27:

Senate Bill Nos. 445 909 911 912 967 1021 1022

Reports of Standing Committees

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

Senate Bill No. 127, entitled

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

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

Nays: None

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

Senate Bill No. 264, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 6 (MCL 205.96), as amended by 2012 PA 117.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas, Townsend and Hobbs

Nays: None

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

Senate Bill No. 972, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 44 (MCL 211.44), as amended by 2011 PA 126.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas, Townsend and Hobbs

Nays: None

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

Senate Bill No. 1006, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), as amended by 2011 PA 77.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Ouimet, Constan, Barnett, Kandrevas, Townsend and Hobbs

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 20, 2012

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

Absent: Reps. Meadows and Cavanagh

Excused: Reps. Meadows and Cavanagh

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

House Bill No. 5937, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3a, 4, and 4o (MCL 205.93a, 205.94, and 205.94o), section 3a as amended by 2012 PA 299, section 4 as amended by 2008 PA 314, and section 4o as amended by 2010 PA 115.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 6007, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 24, 25, 27, 34c, and 53 (MCL 211.24, 211.25, 211.27, 211.34c, and 211.53), section 24 as amended by 2002 PA 620, section 27 as amended by 2010 PA 340, section 34c as amended by 2011 PA 320, and section 53 as amended by 1983 PA 24, and by adding sections 7oo, 7pp, and 7qq; 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. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, Olson and Ouimet

Nays: None

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

House Bill No. 6008, entitled

A bill to levy specific taxes on certain nonferrous metallic minerals on certain taxpayers in this state; to provide for the levy, collection, and administration of the specific tax; to provide certain reporting requirements; to provide for certain penalties; to provide certain exemptions, credits, and refunds; and to provide for the distribution of the specific tax.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, Olson and Ouimet

Nays: Rep. Barnett

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

House Bill No. 6009, entitled

A bill to establish certain programs that promote the sustainability of land-based industries and support infrastructure that benefits rural communities; to establish a fund and provide for its use; and to prescribe the powers and duties of certain state agencies and officials.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, Olson and Ouimet

Nays: Reps. Barnett and Hobbs

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

House Bill No. 6010, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4dd.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, Olson and Ouimet

Nays: Rep. Barnett

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

House Bill No. 6011, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4aa.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, Olson and Ouimet

Nays: None

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

House Bill No. 6012, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 623 (MCL 206.623), as amended by 2011 PA 312, and by adding section 31b.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, Olson and Ouimet

Nays: Rep. Barnett

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

Senate Bill No. 1148, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 9 (MCL 207.559), as amended by 2008 PA 516.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Monday, November 26, 2012

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

Absent: Reps. Constan and Townsend

Excused: Reps. Constan and Townsend

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

House Bill No. 5926, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 90a, 90b, 90c, and 90d (MCL 125.2090a, 125.2090b, 125.2090c, and 125.2090d), section 90a as added by 2011 PA 252, section 90b as amended by 2012 PA 145, and sections 90c and 90d as added by 2011 PA 253.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: Rep. Somerville

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Wayne Schmidt, Chair, of the Committee on Commerce, was received and read:

Meeting held on: Tuesday, November 27, 2012

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

Absent: Rep. Olumba

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

House Bill No. 5883, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48703 (MCL 324.48703), as amended by 2012 PA 245.

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

Nays: None

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

Senate Bill No. 939, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 14.

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

Nays: Reps. Haugh, Bledsoe and Slavens

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

Senate Bill No. 940, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2008 PA 133.

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

Nays: Reps. Haugh, Bledsoe and Slavens

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

Senate Bill No. 941, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 13537 and 13832.

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

Nays: Reps. Haugh, Bledsoe and Slavens

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

Senate Bill No. 942, entitled

A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 23 (MCL 325.1023).

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

Nays: Reps. Haugh, Bledsoe and Slavens

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

Senate Bill No. 1031, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 52702 and 52706 (MCL 324.52702 and 324.52706), section 52702 as added by 1995 PA 57 and section 52706 as amended by 2006 PA 179.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1155, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5201, 5202, 5203, and 5204 (MCL 324.5201, 324.5202, 324.5203, and 324.5204), section 5201 as amended by 2005 PA 257, sections 5202 and 5203 as added by 2002 PA 397, and section 5204 as amended by 2010 PA 232, and by adding sections 5204e and 5204f.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1156, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5301 and 5303 (MCL 324.5301 and 324.5303), section 5301 as amended by 2005 PA 255 and section 5303 as amended by 2002 PA 398; 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. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens

Nays: None

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

Senate Bill No. 1157, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5402 and 5406 (MCL 324.5402 and 324.5406), as added by 1997 PA 26.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1158, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 19708 (MCL 324.19708), as amended by 2010 PA 232.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Foster, Chair, of the Committee on Natural Resources, Tourism, and Outdoor Recreation, was received and read:

Meeting held on: Tuesday, November 27, 2012

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

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Franz, Chair, reported

House Bill No. 5936, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312f (MCL 257.312f), as amended by 2011 PA 159.

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. Franz, Zorn, Haines, Tyler, Callton, Hughes, Graves, Nathan, Darany, Smiley, Liss, Clemente and Greimel

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Franz, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:

Meeting held on: Tuesday, November 27, 2012

Present: Reps. Franz, Zorn, Haines, Tyler, Callton, Hughes, Graves, Nathan, Darany, Smiley, Liss, Clemente and Greimel

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

House Bill No. 5768, entitled

A bill to prohibit any agency of this state, any political subdivision of this state, any employee of any agency of this state or any political subdivision of this state, or any member of the Michigan national guard from assisting an agency of the armed forces of the United States in the investigation, prosecution, or detainment of any citizen of the United States under certain circumstances.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. McMillin, Jacobsen, Denby, Price and Brown

Nays: None

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

House Bill No. 5916, entitled

A bill to amend 1846 RS 12, entitled “Of certain state officers,” (MCL 14.28 to 14.35) by adding section 32a.

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

Nays: None

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

Senate Bill No. 1189, entitled

A bill to amend 2002 PA 100, entitled “Public employee retirement benefit protection act,” (MCL 38.1681 to 38.1689) by amending the title and by adding section 8a.

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 27, 2012

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

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

House Bill No. 4555, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 498d, 498e, and 498h (MCL 330.1498d, 330.1498e, and 330.1498h), section 498d as amended by 1998 PA 524, section 498e as amended by 1996 PA 588, and section 498h as amended by 2000 PA 57, and by adding sections 1060, 1060a, 1060b, 1060c, 1062, 1064, 1066, 1068, 1070, 1072, and 1074.

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

Nays: None

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

Senate Bill No. 246, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2001 PA 211, and by adding sections 18n, 18o, 18p, 18q, 18r, and 18s to chapter XIIA.

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

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Kurtz, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Tuesday, November 27, 2012

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 13, 2012

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

Absent: Rep. Glardon