No. 47

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Tuesday, May 15, 2012.

1:30 p.m.

The House was called to order by the Speaker.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genetski—present Lane—present

e/d/s = entered during session

Rep. Joseph Graves, from the 51st District, offered the following invocation:

“Dear Lord,

We thank You for the many blessings You have bestowed on our state and its families.

Even in difficult circumstances, You have shown Yourself strong and we thank You for that.

Lord, I ask for Your wisdom and guidance on this body of people as we make decisions affecting the future of our state. I ask that You would work through us to have Your will be done.

Give us a heart of service and an attitude of humility. Help us to be ambassadors of what is good and right while fleeing from evil.

We give You praise for the many ways that You have blessed us both individual and as a State. We thank You for the gift of salvation through Your son, Jesus Christ.

In Jesus Name,

Amen.”

______

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

The motion prevailed.

Motions and Resolutions

Reps. Hughes, Daley, Barnett, Darany, Denby, Geiss, Heise, Knollenberg, LeBlanc, Rogers, Slavens, Talabi and Tyler offered the following resolution:

House Resolution No. 263.

A resolution to declare June 9, 2012, as Michigan Flower Planting Day in the state of Michigan.

Whereas, Agriculture is the second largest industry in the state of Michigan and floriculture is the fourth largest commodity and the largest specialty crop; and

Whereas, Michigan is a national leader in the production of floriculture products, only behind California and Florida; and

Whereas, Michigan has over 700 commercial growers who distribute a wholesale value of over $390 million; and

Whereas, Michigan’s floriculture industry employs over 14,000 workers in the industry; and

Whereas, Michigan’s floriculture industry has continued to increase annual farm-gate value of $397.4 million dollars; and

Whereas, Michigan’s floriculture industry ranks number one nationally in sales of impatiens, begonias, geraniums, petunias, potted vegetable plants, and potted hostas, and second nationally in sales of pansies, chrysanthemums, Easter lilies, and flowering bulbs; and

Whereas, The Michigan Floriculture Growers Council represents the collective business interests of the floriculture sector of Michigan’s economy; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 9, 2012, as Michigan Flower Planting Day in the state of Michigan. We recognize this date as a day when residents who have yet to beautify their yards and patios with flowers are encouraged to do so. This not only improves the great appearance of our state and the quality of life for gardeners and their neighbors, but also supports Michigan’s vibrant floriculture industry.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Franz, MacMaster, Bumstead, Foster, Pettalia, Wayne Schmidt, Pscholka, Daley, Barnett, Darany, Denby, Geiss, Heise, Horn, Knollenberg, LeBlanc, Rogers, Talabi and Tyler offered the following resolution:

House Resolution No. 264.

A resolution to memorialize the President of the United States and the United States Secretary of Agriculture to monitor closely the conditions of Northwest and North Central Michigan’s fruit crop to determine if disaster assistance is needed.

Whereas, Michigan produces a variety of fruits for export around the nation, Michigan’s fruit crop generates over $350 million in revenue annually and includes: apples, blueberries, tart cherries, sweet cherries, grapes, and other fruits. Eighty percent of the United States tart cherry crop is grown in Northwest and North Central Michigan. In addition, Michigan is the nation’s third largest apple-producing state with over 37,000 acres of land in apple production; and

Whereas, unusually warm temperatures in the early spring have wreaked havoc on Northwest and North Central Michigan’s fruit crops. The early warmth caused plants to sprout prematurely putting them at risk of damage when devastating frost occurred in April. As of May 1, farmers are estimating that the frost has killed as much as 95 percent of the buds on tart cherries and possibly 80 percent of the buds on apple trees; and

Whereas, The U.S. Department of Agriculture offers several programs to help farmers recover financially from a natural disaster. In order for low-interest loans and other federal assistance to be available to the fruit growers, fruit growing areas in Northwest and North Central Michigan must be declared disasters areas; now therefore, be it

Resolved by the Michigan House of Representatives, that we memorialize the President of the United States and the United States Secretary of Agriculture to monitor closely the conditions of Northwest and North Central Michigan’s fruit crop to determine if disaster assistance is needed; and be it further

Resolved, that copies of this resolution be transmitted to the President of the United States, the U.S. Secretary of Agriculture, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Agriculture.

Reps. Potvin, Bumstead, Daley, Jenkins, Forlini, Barnett, Geiss, Heise, LeBlanc, Liss, Rogers and Talabi offered the following resolution:

House Resolution No. 265.

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

Whereas, Initiated in 2001, the Microbiological Data Program (MDP) collects information on the prevalence of harmful bacteria in fresh produce. Data is collected from more than 600 food distribution sites in the United States and analyzed for the presence of Salmonella, pathogenic E. coli and Listeria. In 2011, approximately 17,000 samples were collected from cantaloupe, cilantro, hot peppers, lettuce, spinach, sprouts, and tomatoes; and

Whereas, Michigan is one of the eleven states that participate in the MDP. The eleven states represent 50 percent of the nation’s population and include all regions of the country. The U.S. Department of Agriculture’s (USDA) Michigan laboratory collects and analyzes data in an effort to decrease the number of illnesses associated with consumption of fresh fruit and vegetables; and

Whereas, The MDP’s annual budget of $5 million allows the USDA laboratories, including the Michigan laboratory, to maintain experienced staff, keep abreast of new and changing technologies, acquire the most up to date equipment, and increase the number of samples tested each year. MDP tests have triggered 19 produce recalls in the past two years. A loss of funding could impact the timeliness of response to foodborne illness outbreaks; and

Whereas, MDP provides an early warning system when pathogens are found in the food supply. MDP coordinates with public health agencies and allows early intervention by regulatory agencies when problems are identified. Through the MDP, the USDA and Michigan are able to promote a safer food supply; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress and the President of the United States to continue funding for the Microbiological Data Program in the FY 2013 federal budget; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the Secretary of Agriculture, the President of the United States Senate, the Speaker of the United States House of Representatives, the Chairs of the U.S. Senate and House of Representatives Committees on Appropriations, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Agriculture.

Reps. Darany, Lindberg, Barnett, Constan, Geiss, Heise, LeBlanc, Liss and Rogers offered the following resolution:

House Resolution No. 266.

A resolution to commemorate the 375th anniversary of the birth of Jacques Marquette.

Whereas, It is with great respect that the members of this legislative body are proud to join with the citizens of Michigan in remembering June 1, 1637, as the historic day when Jacques Marquette was born; and

Whereas, Jacques Marquette was born in France in 1637 on this day. In his 17th year, he entered the Society of Jesus. After training he asked to be transferred to the Americas, so that he could have a greater impact on spreading the Christian ideals and exploring the new world; and

Whereas, Once getting to the Americas, he learned six different dialects of the Huron language so that he would be able to speak to all those he encountered. Through learning all of these dialects he was able to learn things about the land, and learn the different cultures of each of the tribes he encountered. This skill proved invaluable in his later experiences; and

Whereas, He help found Saulte Sainte Marie, which was the first European settlement in Michigan. He also had a hand in the founding of both St. Ignace and Portage along with many other cities in Michigan. He also helped found colonize cities in other states of the Great Lakes Region; and

Whereas, He, along with Louis Jolliet, traveled along the Mississippi river in 1673 and discovered the path that it took. This discovery enabled the river to be used as a route to send goods downstream, helped to spur the economy of the Great Lakes Region, and lead new settlers to have a better life; and

Whereas, He published Théévenot’s Recueil de voyages which described in detail the villages and customs of the tribes that he and Jolliet encountered, the topography, the tides of the lakes, and the nature and variety of each flower, tree, bird, and animal; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 375th anniversary of the birth of Jacques Marquette.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

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

The motion prevailed.

Third Reading of Bills

Senate Bill No. 929, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 4, 9, 88b, 88c, 88h, 88k, and 90b (MCL 125.2004, 125.2009, 125.2088b, 125.2088c, 125.2088h, 125.2088k, and 125.2090b), section 4 as amended by 2010 PA 271, section 9 as amended by 2011 PA 291, section 88b as amended by 2011 PA 250, sections 88c and 88h as amended by 2011 PA 251, section 88k as added by 2005 PA 215, and section 90b as added by 2011 PA 252.

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

Roll Call No. 264 Yeas—97

Ananich Goike Lipton Rendon

Barnett Graves Liss Rogers

Bauer Greimel Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brown Haugh MacGregor Schmidt, W.

Brunner Haveman McBroom Segal

Byrum Heise McCann Shaughnessy

Callton Hobbs Meadows Shirkey

Cavanagh Horn Moss Slavens

Clemente Hovey-Wright Muxlow Smiley

Constan Howze Nathan Stallworth

Crawford Hughes Nesbitt Stamas

Daley Huuki O’Brien Stanley

Damrow Irwin Oakes Stapleton

Darany Jacobsen Olson Switalski

Denby Jenkins Olumba Talabi

Dillon Kandrevas Ouimet Tlaib

Farrington Knollenberg Outman Townsend

Forlini Kowall Pettalia Tyler

Foster Kurtz Poleski Walsh

Geiss Lane Potvin Womack

Genetski LeBlanc Price Yonker

Gilbert Lindberg Pscholka Zorn

Glardon

Nays—11

Agema Franz LaFontaine Opsommer

Bumstead Hooker MacMaster Somerville

Cotter Johnson 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 relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; 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. 5477, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 88f and 88q (MCL 125.2088f and 125.2088q), section 88f as added by 2005 PA 225 and section 88q as amended by 2009 PA 144.

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

Roll Call No. 265 Yeas—97

Ananich Glardon Lindberg Rendon

Barnett Goike Lipton Rogers

Bauer Graves Liss Rutledge

Bledsoe Greimel Lori Santana

Bolger Haines Lund Schmidt, R.

Brown Hammel Lyons Schmidt, W.

Brunner Haugh MacGregor Segal

Byrum Haveman McBroom Shaughnessy

Callton Heise McCann Shirkey

Cavanagh Hobbs Meadows Slavens

Clemente Horn Moss Smiley

Constan Hovey-Wright Muxlow Stallworth

Crawford Howze Nathan Stamas

Daley Hughes O’Brien Stanley

Damrow Huuki Oakes Stapleton

Darany Irwin Olson Switalski

Denby Jacobsen Olumba Talabi

Dillon Jenkins Ouimet Tlaib

Durhal Kandrevas Outman Townsend

Farrington Knollenberg Pettalia Tyler

Forlini Kowall Poleski Walsh

Foster Kurtz Potvin Womack

Geiss Lane Price Yonker

Genetski LeBlanc Pscholka Zorn

Gilbert

Nays—12

Agema Franz LaFontaine Nesbitt

Bumstead Hooker MacMaster Opsommer

Cotter Johnson McMillin Somerville

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 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 88d, 88f, and 88q (MCL 125.2088d, 125.2088f, and 125.2088q), section 88d as amended by 2008 PA 571, section 88f as added by 2005 PA 225, and section 88q as amended by 2009 PA 144.

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.

House Bill No. 5154, entitled

A bill to amend 2004 PA 159, entitled “Uniform principal and income act,” by amending sections 409 and 505 (MCL 555.809 and 555.905) and by adding section 606.

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

Roll Call No. 266 Yeas—109

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Genetski

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

House Bill No. 5237, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 2723 (MCL 700.2723), as added by 2010 PA 224.

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

Roll Call No. 267 Yeas—108

Agema Genetski Lane Price

Ananich Gilbert LeBlanc Pscholka

Barnett Glardon Lindberg Rendon

Bauer Goike Lipton Rogers

Bledsoe Graves Liss Rutledge

Bolger Greimel Lori Santana

Brown Haines Lund Schmidt, R.

Brunner Hammel Lyons Schmidt, W.

Bumstead Haugh MacGregor Segal

Byrum Haveman MacMaster Shaughnessy

Callton Heise McBroom Shirkey

Cavanagh Hobbs McCann Slavens

Clemente Hooker McMillin Smiley

Constan Horn Meadows Somerville

Cotter Hovey-Wright Moss Stallworth

Crawford Howze Muxlow Stamas

Daley Hughes Nathan Stanley

Damrow Huuki Nesbitt Stapleton

Darany Irwin 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

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. 5322, entitled

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

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

Roll Call No. 268 Yeas—108

Agema Genetski Lane Price

Ananich Gilbert LeBlanc Pscholka

Barnett Glardon Lindberg Rendon

Bauer Goike Lipton Rogers

Bledsoe Graves Liss Rutledge

Bolger Greimel Lori Santana

Brown Haines Lund Schmidt, R.

Brunner Hammel Lyons Schmidt, W.

Bumstead Haugh MacGregor Segal

Byrum Haveman MacMaster Shaughnessy

Callton Heise McBroom Shirkey

Cavanagh Hobbs McCann Slavens

Clemente Hooker McMillin Smiley

Constan Horn Meadows Somerville

Cotter Hovey-Wright Moss Stallworth

Crawford Howze Muxlow Stamas

Daley Hughes Nathan Stanley

Damrow Huuki Nesbitt Stapleton

Darany Irwin 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

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.

Second Reading of Bills

House Bill No. 5291, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 70.

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

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

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

The motion prevailed.

House Bill No. 5496, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1076.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5504, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 76.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4591, 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 sections 5k and 5o (MCL 28.425k and 28.425o), section 5k as added by 2000 PA 381 and section 5o as amended by 2008 PA 407.

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

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

Rep. Foster moved to amend the bill as follows:

1. Amend page 7, line 7, after “officer,” by striking out “or”.

2. Amend page 7, line 7, after the second “officer” by inserting a comma and “A PERSON ON ACTIVE DUTY STATUS WITH THE UNITED STATES ARMED FORCES, OR A PERSON WHO HAS BEEN HONORABLY DISCHARGED FROM THE UNITED STATES ARMED FORCES”.

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

Rep. Foster moved to amend the bill as follows:

1. Amend page 7, line 7, after “officer,” by striking out “or”.

2. Amend page 7, line 7, after the second “officer” by inserting a comma and “A PERSON ON ACTIVE DUTY STATUS WITH THE UNITED STATES ARMED FORCES, OR A PERSON WHO RECEIVED AN HONORABLE DISCHARGE FROM THE UNITED STATES ARMED FORCES AT THE TIME OF HIS OR HER SEPARATION”.

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

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

The motion prevailed.

House Bill No. 5553, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 461 (MCL 18.1461), as amended by 1999 PA 8.

The bill was read a second time.

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

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, May 11:

House Bill Nos. 5616 5617 5618 5619 5620 5621 5622 5623

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, May 15, for his approval of the following bill:

Enrolled House Bill No. 4563 at 9:48 a.m.

The Clerk announced that the following Senate bills had been received on Tuesday, May 15:

Senate Bill Nos. 939 940 941 942

Reports of Standing Committees

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

House Bill No. 5452, entitled

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

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

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, May 15, 2012

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

Absent: Rep. Stapleton

Excused: Rep. Stapleton

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

House Bill No. 5223, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57v.

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. Kurtz, O’Brien, Haines, Heise, Hooker and Rendon

Nays: Reps. Slavens and Stapleton

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

Senate Bill No. 454, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2163a (MCL 600.2163a), as amended by 2002 PA 604.

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. 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. 457, entitled

A bill to amend 1953 PA 181, entitled “An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon,” by amending sections 1c, 2, and 3 (MCL 52.201c, 52.202, and 52.203), section 2 as amended by 2004 PA 153 and section 3 as amended by 2006 PA 569.

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

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

Senate Bill No. 462, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21771 (MCL 333.21771).

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. 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. 464, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11b (MCL 400.11b), as amended by 2000 PA 61.

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. 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. 468, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1a of chapter IV (MCL 764.1a), as amended by 2005 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. 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, May 15, 2012

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

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

House Bill No. 4096, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 447.

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. McMillin, Jacobsen, Denby and Price

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, May 15, 2012

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

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, May 15, 2012

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

Absent: Reps. Townsend and Olumba

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, May 15, 2012

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

Messages from the Senate

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.

The Senate has passed the bill.

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

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.

The Senate has passed the bill.

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

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.

The Senate has passed the bill.

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

Senate Bill No. 942, entitled

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

The Senate has passed the bill.

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

Notices

May 15, 2012

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

Reps. Pete Lund (Seat 11) and Roy Schmidt (Seat 107) have requested to switch seats and I concur with this change, effective today.

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Messages from the Governor

Date: May 11, 2012

Time: 9:33 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4992 (Public Act No. 128, I.E.), being

An act to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 558, 560, 560b, 568, 591, 706, and 764a (MCL 168.558, 168.560, 168.560b, 168.568, 168.591, 168.706, and 168.764a), section 558 as amended and section 560b as added by 2002 PA 163, sections 568 and 706 as amended by 1985 PA 160, section 591 as amended by 1990 PA 109, and section 764a as amended by 1996 PA 207, and by adding sections 736b, 736c, 736d, 736e, 736f, 736g, and 764; and to repeal acts and parts of acts.

(Filed with the Secretary of State May 14, 2012, at 9:56 a.m.)

Explanation of “No” Votes

Reps. Hovey-Wright, Segal and Slavens, having reserved the right to explain their nay vote pertaining to House Bill No. 4992, made the following statement:

“Mr. Speaker and members of the House:

When House Bill 4992 passed the House, the bill only dealt with one issue- removing ballot instruction from the ballot and placing it elsewhere. Today, this bill comes back to us from the Senate in a very different form and it is now a Christmas tree elections bill providing special treatment for one political party and changing laws which they find inconvenient to follow. First, the bill makes an unnecessary change to the dates political parties are allowed to hold their nominating state conventions. The only interested party to appear in support of the bill in committee—the Michigan Republican Party—should have known the timing as it currently exists in law and planned appropriately. They could have simply moved back the commencement of their convention by one day in order to avoid the problem. Instead, they are choosing to change a state law. Second, the House Majority are changing the way candidates appear on the ballot to allow nicknames. At a time when the legislature should be focused on passing legislation that creates jobs, restores education funding and provides for a fair tax policy, we are instead passing unnecessary legislation regarding state conventions and using nicknames on the ballot to lessen any inconvenience for one political party.”

Communications from State Officers

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

Notice of Filing

Administrative Rules

May 2, 2012

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-007-SP (Secretary of State Filing #12-05-01) on this date at 4:38 P.M. for the Department of State Police, entitled “Law Enforcement Standards and Training”.

This rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communication was referred to the Clerk.

Introduction of Bills

Reps. Tlaib, Santana, Womack, Lindberg, Hobbs, Stanley, Olumba, Ananich, Barnett, Meadows, Switalski and Jackson introduced

House Bill No. 5624, entitled

A bill to amend 1964 PA 154, entitled “Minimum wage law of 1964,” by amending sections 4 and 7a (MCL 408.384 and 408.387a), section 4 as amended by 2006 PA 81 and section 7a as amended by 1997 PA 1.

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

Reps. Ananich, Cavanagh, Tlaib, Irwin, Barnett, Brown, Hovey-Wright and Stanley introduced

House Bill No. 5625, entitled

A bill to require employers to provide paid sick leave to certain employees; to specify the conditions for accruing and using paid sick leave; to prohibit retaliation against an employee for requesting, exercising, or enforcing rights granted in this act; to prescribe powers and duties of certain state departments, agencies, and officers; to provide for promulgation of rules; and to provide remedies and sanctions.

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

Rep. Jenkins introduced

House Bill No. 5626, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 8 (MCL 15.268), as amended by 1996 PA 464.

The bill was read a first time by its title and referred to the Committee on Oversight, Reform, and Ethics.

Rep. McMillin introduced

House Bill No. 5627, entitled

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