No. 63

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Thursday, June 30, 2011.

10:00 a.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 Lipton—present Pscholka—present

Ananich—present Glardon—present Liss—present Rendon—present

Barnett—present Goike—present Lori—present Rogers—present

Bauer—present Haines—present Lund—present Rutledge—present

Bledsoe—present Hammel—present Lyons—present Santana—present

Bolger—present Haugh—present MacGregor—present Schmidt, R.—present

Brown—present Haveman—present MacMaster—present Schmidt, W.—present

Brunner—present Heise—present McBroom—present Scott—present

Bumstead—present Hobbs—present McCann—present Segal—present

Byrum—present Hooker—present McMillin—present Shaughnessy—excused

Callton—present Horn—present Meadows—present Shirkey—present

Cavanagh—present Hovey-Wright—present Melton—present Slavens—present

Clemente—present Howze—present Moss—present Smiley—present

Constan—present Hughes—present Muxlow—present Somerville—present

Cotter—present Huuki—present Nathan—present Stallworth—present

Crawford—present Irwin—present Nesbitt—present Stamas—present

Daley—present Jackson—present O’Brien—present Stanley—present

Damrow—present Jacobsen—present Oakes—present Stapleton—present

Darany—present Jenkins—present Olson—present Switalski—present

Denby—present Johnson—present Olumba—present Talabi—present

Dillon—present Kandrevas—present Opsommer—present Tlaib—present

Durhal—e/d/s Knollenberg—present Ouimet—present Townsend—present

Farrington—present Kowall—excused Outman—present Tyler—present

Forlini—present Kurtz—present Pettalia—present Walsh—present

Foster—present LaFontaine—present Poleski—present Womack—present

Franz—present Lane—present Potvin—present Yonker—present

Geiss—present LeBlanc—present Price—present Zorn—present

Genetski—present Lindberg—present

e/d/s = entered during session

Pastor Marvin T. Smith, Pastor of Mount Olive Missionary Baptist Church in Saginaw, offered the following invocation:

“Gracious and Merciful God,

As we gather to take care of the crucial business at hand,

Create within every person a caring heart; to feel the pain of those who are hurting financially, physically, emotionally and otherwise.

Create within every person a sound mind; to think about the impact every decision made will have on people and their families before that decision is made.

Create within every person a submissive will; to yield to the better side of our humanity to remind us of our responsibility to in some way make our communities, schools, state, and nation better places.

Create within every person a courageous spirit; to speak for those whose voices often go unheard; to stand for those who have placed their trust in us to do what is right and to serve those who have given us the opportunity to lead during difficult days. Make us fit to represent them well!

And God, by Your grace and mercy, show us the blessing and the burden of serving, leading and helping people that we will know true humility.

In Your Powerful Name we pray, Amen.”

______

Rep. Walsh moved that Reps. Kowall and Shaughnessy be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Daley, Denby, Heise, Kandrevas, Knollenberg, Liss, MacMaster, Rogers and Slavens offered the following resolution:

House Resolution No. 109.

A resolution to declare July 2011 as Professional Pest Management Month in the state of Michigan.

Whereas, Effective pest management in homes, businesses, and public places throughout our state is an important factor in maintaining the health and well-being of all Michiganders; and

Whereas, Pest management professionals help protect Michigan’s food supply, homes, and the environment from disease and pest-related illnesses by practicing environmentally-friendly pest-control methods; and

Whereas, The Michigan Pest Management Association provides networking and leadership opportunities for Michigan’s pest management professionals and is recognized for its efforts to protect our environment as well as to ensure the safe and effective use of pest management materials; and

Whereas, The National Pest Management Association is committed to educating the public about the dangers posed by pests and the damage they can cause through its website, www.pestworld.org; and

Whereas, Pest Management Month offers all Michiganders an opportunity to understand and appreciate the important role that pest management providers play in ensuring the health and well-being of Michiganders; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare July 2011 as Professional Pest Management Month in the state of Michigan, and call this observance to the attention of all our citizens.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Haines, Barnett, Brown, Crawford, Darany, Denby, Heise, Horn, Kandrevas, Knollenberg, Liss, MacMaster, Poleski, Rogers and Slavens offered the following resolution:

House Resolution No. 110.

A resolution to declare June 2011 as Squamous Cell Carcinoma Awareness Month in the state of Michigan.

Whereas, The summer months encourage the people of Michigan to get outside and enjoy the beautiful outdoors, therefore, it is a necessity to remind citizens of the dangers of the sun and ultraviolet radiation. Squamous cell carcinoma has become an increased concern for members of our communities; and

Whereas, Squamous cell carcinoma is caused by changing cells. The changes may begin in skin that has been injured or inflamed or in standard skin. Squamous cell carcinoma can occur anywhere in the body but appears most often in areas that have had frequent sun exposure or other ultraviolet radiation including x-ray radiation; and

Whereas, Squamous cell carcinoma is a carcinomatous cancer occurring in multiple organs. It is the second most common skin cancer and the most common head and neck cancer; and

Whereas, Symptoms of squamous cell carcinoma can be a sore that does not heal, growing bumps that may have a rough, scaly surface and flat reddish patches, or any change in an existing skin lesion, wart, mole or lump; and

Whereas, We encourage citizens to take the proper precautions to prevent squamous cell carcinoma. It is recommended that the people avoid high ultraviolet radiation, properly use high-quality sunscreens and regularly check for any new suspicious growths or changes in an existing skin sore; and

Whereas, A large percentage of squamous cell carcinoma can be cured if treated early; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 2011 as Squamous Cell Carcinoma Awareness Month in the state of Michigan. We urge Michigan residents to become aware of the indications, symptoms, and prevention tactics of squamous cell carcinoma.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Haveman, Roy Schmidt, Lyons, Genetski, Jackson, Wayne Schmidt, Bumstead, Horn, Opsommer, Johnson, Yonker, Hooker, McMillin, MacGregor, Nesbitt, Lori, Pettalia, Cotter, Shirkey, Muxlow, Outman, MacMaster, Price, Olson, Agema, Walsh, McBroom, Lund, Daley and Rogers offered the following resolution:

House Resolution No. 111.

A resolution to memorialize the President and the United States Congress to enact legislation protecting the rights of conscience of students seeking counseling degrees and licensed professional counselors.

Whereas, University students in Michigan and other states have been punished or dismissed from counseling programs for adhering to their sincerely held religious convictions; and

Whereas, There is an increasing number of disturbing reports that the counseling profession is eliminating from the profession persons who take their religious faith seriously; and

Whereas, The American Counseling Association, a private organization that promulgates a code of ethics widely used by university counseling programs and state licensure boards in training for and regulating the counseling profession, has publicly supported universities that have punished or dismissed students for adhering to their sincere religious convictions; and

Whereas, The American Counseling Association recently urged the governor of Arizona to veto a bill that protects the religious liberties of university students enrolled in counseling programs; and

Whereas, Persons should not be subjected to a religious test as a condition of obtaining the education necessary to serve as a licensed counselor or as a condition of acquiring a counseling license; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the President and the United States Congress to enact legislation protecting the rights of conscience of students seeking counseling degrees and licensed professional counselors; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Education.

Reps. Haveman, Roy Schmidt, Lyons, Olumba, Jackson, Wayne Schmidt, Bumstead, Horn, Opsommer, Johnson, Hooker, Yonker, McMillin, MacGregor, Nesbitt, Lori, Pettalia, Cotter, Shirkey, Muxlow, Outman, MacMaster, Price, Callton, Olson, Genetski, Agema, Walsh, McBroom, Kowall, Lund, Daley and Rogers offered the following resolution:

House Resolution No. 112.

A resolution to urge Michigan’s public universities to adopt policies to protect the rights of students in counseling, social work, or psychology programs who are faced with situations that conflict with their religious beliefs.

Whereas, A distinguishing feature of our American values is respect for religious beliefs that may be different than our own. The potential for conflict when a person with deeply held religious convictions encounters a situation that challenges these beliefs is inherent in several professions, including counseling and social work; and

Whereas, A specific case at a Michigan university involving a graduate student faced with counseling a person whose life included elements that conflicted with the graduate student’s beliefs has drawn considerable attention. The dismissal of the graduate student, and the subsequent legal actions, make it clear that a reasonable solution to this situation must be found; and

Whereas, It is reasonable to expect that those who work in areas where deeply held personal beliefs conflict will face difficult situations. It is prudent to encourage the development of standards that give greater opportunities for a counselor to refer someone to another counselor without fear of penalty. Our higher education institutions should do all they can to provide for such situations; now, therefore, be it

Resolved by the House of Representatives, That we urge Michigan’s public colleges and universities to adopt policies to protect the religious beliefs and practices of students in counseling, social work, or psychology programs who are faced with situations that conflict with their beliefs. We encourage our institutions of higher education to develop standards that protect the religious beliefs of counselors by providing that students shall not be disciplined for counseling situations when the student consults with supervising instructors and determines a course of action to avoid harm to the person seeking counseling help; and be it further

Resolved, That copies of this resolution be transmitted to Michigan’s public universities.

The resolution was referred to the Committee on Education.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL 4.101 AND REQUIRES A RECORD ROLL CALL VOTE UNDER THE PROVISIONS OF RULE 37 OF THE STANDING RULES OF THE HOUSE OF REPRESENTATIVES.

Rep. McMillin offered the following resolution:

House Resolution No. 113.

A resolution to extend subpoena power to the House Oversight, Reform and Ethics Committee.

Whereas, Full access to accurate information is essential for sound decision making by any public or private body. Section 1 of 1931 PA 118, being MCL 4.101, provides, in part, that

Committees and commissions of or appointed by the legislature may by resolution of the legislature be authorized to administer oaths, subpoena witnesses and/or to examine the books and records of any persons, partnerships or corporations involved in a matter properly before any of such committees or commissions.

Pursuant to Rule 37 of the Standing Rules of the House of Representatives, the authority for a committee to issue subpoenas shall be granted by resolution, with the vote for adoption by record roll call and a majority of members elected and serving required for adoption; now, therefore, be it

Resolved by the House of Representatives, That, pursuant to MCL 4.101 and Rule 37 of the Standing Rules of the House of Representatives, we hereby grant subpoena power to the House Oversight, Reform and Ethics Committee relative to its work on the issue of invasive searches of travelers without reasonable cause.

The resolution was referred to the Committee on Government Operations.

______

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

The motion prevailed.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Rep. Stamas moved that Rule 42 be suspended.

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

Rep. Stamas moved that the Committee on Natural Resources, Tourism, and Outdoor Recreation be discharged from further consideration of House Resolution No. 108.

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

The Speaker laid before the House

House Resolution No. 108.

A resolution to encourage the Michigan Department of Natural Resources and the Natural Resources Commission to allow baiting of deer in northeast Michigan for a trial period of two years.

(For text of resolution, see House Journal No. 61, p. 1568.)

(The resolution was discharged from the Committee on Natural Resources, Tourism, and Outdoor Recreation on June 30.)

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Constan, Cotter, Daley, Damrow, Denby, Foster, Goike, Haugh, Heise, Horn, Jackson, Lyons, Opsommer, Potvin, Pscholka, Smiley and Stamas were named co‑sponsors of the resolution.

Messages from the Senate

House Concurrent Resolution No. 9.

A concurrent resolution to urge the Federal Energy Regulatory Commission to grant a rehearing and modify its December 16, 2010 order approving the Midwest Independent Transmission System Operator’s cost allocation proposal to socialize transmissions costs.

(The concurrent resolution was returned by the Senate on June 29, with substitute (S-1), see House Journal No. 62, p. 1992.)

The question being on the concurring in the substitute (S-1) made to the concurrent resolution by the Senate,

The substitute (S-1) was concurred in.

The Speaker laid before the House

House Bill No. 4315, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 72.

(The bill was received from the Senate on June 29, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 62, p. 1992.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 256 Yeas—107

Agema Gilbert Lipton Pscholka

Ananich Glardon Liss Rendon

Barnett Goike Lori Rogers

Bauer Haines Lund Rutledge

Bledsoe Hammel Lyons Santana

Bolger Haugh MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Scott

Bumstead Hobbs McCann Segal

Byrum Hooker McMillin Shirkey

Callton Horn Meadows Slavens

Cavanagh Hovey-Wright Melton Smiley

Clemente Howze Moss Somerville

Constan Hughes Muxlow Stallworth

Cotter Huuki Nathan Stamas

Crawford Irwin Nesbitt Stanley

Daley Jackson O’Brien Stapleton

Damrow Jacobsen Oakes Switalski

Darany Jenkins Olson Talabi

Denby Johnson Olumba Tlaib

Dillon Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kurtz Outman Walsh

Foster LaFontaine Pettalia Womack

Franz Lane Poleski Yonker

Geiss LeBlanc Potvin Zorn

Genetski Lindberg Price

Nays—0

In The Chair: Walsh

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 4366, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2009 PA 210.

(The bill was received from the Senate on June 29, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 62, p. 1997.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 257 Yeas—100

Ananich Gilbert Lipton Pscholka

Barnett Glardon Liss Rendon

Bauer Goike Lori Rogers

Bledsoe Haines Lund Rutledge

Bolger Hammel Lyons Santana

Brown Haugh MacGregor Schmidt, R.

Brunner Haveman MacMaster Schmidt, W.

Bumstead Heise McBroom Scott

Byrum Hobbs McCann Segal

Callton Horn Melton Slavens

Cavanagh Hovey-Wright Moss Smiley

Clemente Howze Muxlow Somerville

Constan Hughes Nathan Stallworth

Cotter Huuki Nesbitt Stamas

Crawford Irwin O’Brien Stanley

Daley Jackson Oakes Stapleton

Damrow Jacobsen Olson Switalski

Darany Jenkins Olumba Talabi

Denby Johnson Opsommer Tlaib

Dillon Kandrevas Ouimet Townsend

Farrington Knollenberg Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Franz Lane Potvin Yonker

Geiss Lindberg Price Zorn

Nays—7

Agema Hooker McMillin Shirkey

Genetski LeBlanc Meadows

In The Chair: Walsh

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

The Speaker laid before the House

House Bill No. 4584, entitled

A bill to amend 2010 PA 370, entitled “Michigan professional employer organization regulatory act,” by amending sections 7, 9, 15, 17, 21, 23, and 27 (MCL 338.3727, 338.3729, 338.3735, 338.3737, 338.3741, 338.3743, and 338.3747).

(The bill was received from the Senate on June 29, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 62, p. 1997.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 258 Yeas—104

Agema Gilbert Lindberg Pscholka

Ananich Glardon Lipton Rendon

Barnett Goike Liss Rogers

Bauer Haines Lori Rutledge

Bledsoe Hammel Lund Santana

Bolger Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Scott

Byrum Hobbs McBroom Segal

Callton Hooker McCann Shirkey

Cavanagh Horn McMillin Slavens

Clemente Hovey-Wright Meadows Smiley

Constan Howze Melton Somerville

Cotter Hughes Moss Stallworth

Crawford Huuki Muxlow Stamas

Daley Irwin Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Opsommer Tlaib

Farrington Kandrevas Ouimet Townsend

Forlini Knollenberg Outman Tyler

Foster Kurtz Pettalia Walsh

Franz LaFontaine Poleski Womack

Geiss Lane Potvin Yonker

Genetski LeBlanc Price Zorn

Nays—3

Brown Nathan Olumba

In The Chair: Walsh

The House agreed to the title as amended.

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

Third Reading of Bills

House Bill No. 4349, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7524 (MCL 333.7524), as amended by 2006 PA 558.

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

Roll Call No. 259 Yeas—81

Agema Glardon Lori Pscholka

Ananich Hammel Lund Rendon

Bolger Haugh Lyons Rogers

Brunner Haveman MacGregor Rutledge

Bumstead Heise MacMaster Santana

Byrum Hobbs McBroom Schmidt, W.

Callton Hooker McCann Scott

Clemente Horn Melton Shirkey

Constan Hughes Muxlow Slavens

Crawford Huuki Nesbitt Smiley

Daley Jackson O’Brien Somerville

Damrow Jacobsen Oakes Stamas

Darany Jenkins Olson Stanley

Denby Johnson Opsommer Stapleton

Dillon Kandrevas Ouimet Talabi

Farrington Kurtz Outman Townsend

Forlini Lane Pettalia Tyler

Foster LeBlanc Poleski Walsh

Franz Lindberg Potvin Yonker

Geiss Liss Price Zorn

Gilbert

Nays—26

Barnett Goike Lipton Schmidt, R.

Bauer Haines McMillin Segal

Bledsoe Hovey-Wright Meadows Stallworth

Brown Howze Moss Switalski

Cavanagh Irwin Nathan Tlaib

Cotter Knollenberg Olumba Womack

Genetski LaFontaine

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. 4403, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1313 (MCL 600.1313), as amended by 2004 PA 12.

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

Roll Call No. 260 Yeas—107

Agema Gilbert Lipton Pscholka

Ananich Glardon Liss Rendon

Barnett Goike Lori Rogers

Bauer Haines Lund Rutledge

Bledsoe Hammel Lyons Santana

Bolger Haugh MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Scott

Bumstead Hobbs McCann Segal

Byrum Hooker McMillin Shirkey

Callton Horn Meadows Slavens

Cavanagh Hovey-Wright Melton Smiley

Clemente Howze Moss Somerville

Constan Hughes Muxlow Stallworth

Cotter Huuki Nathan Stamas

Crawford Irwin Nesbitt Stanley

Daley Jackson O’Brien Stapleton

Damrow Jacobsen Oakes Switalski

Darany Jenkins Olson Talabi

Denby Johnson Olumba Tlaib

Dillon Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kurtz Outman Walsh

Foster LaFontaine Pettalia Womack

Franz Lane Poleski Yonker

Geiss LeBlanc Potvin Zorn

Genetski Lindberg Price

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. 4295, entitled

A bill to regulate amateur mixed martial arts; to create certain commissions and provide certain powers and duties for certain state agencies and departments; to license and regulate certain persons engaged in, and connected to, the business of amateur mixed martial arts and certain persons conducting certain contests and exhibitions; to confer immunity under certain circumstances; to provide for the conducting of certain tests; to assess certain fees and fines; to create certain funds; to promulgate rules; and to provide for penalties and remedies.

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

Roll Call No. 261 Yeas—101

Agema Goike Lipton Pscholka

Ananich Haines Liss Rendon

Barnett Hammel Lori Rogers

Bauer Haugh Lund Rutledge

Bledsoe Haveman Lyons Santana

Bolger Heise MacGregor Schmidt, R.

Bumstead Hobbs MacMaster Schmidt, W.

Byrum Hooker McBroom Scott

Callton Horn McCann Segal

Cavanagh Hovey-Wright Meadows Shirkey

Clemente Howze Melton Slavens

Constan Hughes Moss Somerville

Cotter Huuki Muxlow Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Farrington Knollenberg Ouimet Townsend

Forlini Kurtz Outman Tyler

Foster LaFontaine Pettalia Walsh

Geiss Lane Poleski Womack

Genetski LeBlanc Potvin Yonker

Gilbert Lindberg Price Zorn

Glardon

Nays—6

Brown Franz Nathan Smiley

Brunner McMillin

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 regulate amateur mixed martial arts; to create the mixed martial arts commission and establish its powers and duties; to provide certain powers and duties for certain state agencies and departments; to license and regulate promoters of amateur mixed martial arts contests and events; to assess certain fees and fines; to establish the amateur mixed martial arts fund and provide for the use of the money in the fund; to authorize the promulgation of rules; and to provide penalties and remedies.

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4071, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 62b and 62c (MCL 791.262b and 791.262c), section 62b as amended by 2000 PA 211 and section 62c as amended by 1988 PA 293.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Gilbert, Horn, Scott, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Meadows, Constan, Oakes and Cavanagh

Nays: None

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

Senate Bill No. 346, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 33d (MCL 791.233d), as amended by 2001 PA 86.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Gilbert, Horn, Scott, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Meadows, Constan, Oakes and Cavanagh

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, June 30, 2011

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

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 213, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 17708, 17751, and 17763 (MCL 333.7405, 333.17708, 333.17751, and 333.17763), sections 7405, 17708, and 17763 as amended by 2009 PA 150 and section 17751 as amended by 2006 PA 672.

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. Haines, Callton, Kurtz, Shirkey, Hooker, Huuki, Muxlow, Yonker, Liss, Stallworth, Darany, Segal and Hovey-Wright

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, June 30, 2011

Present: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Liss, Stallworth, Darany, Segal, Womack and Hovey-Wright

Absent: Rep. Scott

Excused: Rep. Scott

______

Rep. Durhal entered the House Chambers.

Third Reading of Bills

House Bill No. 4296, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317.

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

Roll Call No. 262 Yeas—101

Agema Glardon Lipton Pscholka

Ananich Goike Liss Rendon

Barnett Haines Lori Rogers

Bauer Hammel Lund Rutledge

Bledsoe Haugh Lyons Santana

Bolger Haveman MacGregor Schmidt, R.

Bumstead Heise MacMaster Schmidt, W.

Byrum Hobbs McBroom Scott

Callton Hooker McCann Segal

Cavanagh Horn Meadows Shirkey

Clemente Hovey-Wright Melton Slavens

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Womack

Geiss LeBlanc Potvin Yonker

Genetski Lindberg Price Zorn

Gilbert

Nays—7

Brown Franz McMillin Smiley

Brunner Irwin 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. 4298, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2123 and 2124 (MCL 324.2123 and 324.2124), as added by 1995 PA 60, and by adding section 2123a.

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

Roll Call No. 263 Yeas—99

Agema Genetski Lindberg Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bolger Haines Lyons Santana

Brown Hammel MacGregor Schmidt, R.

Brunner Haugh MacMaster Schmidt, W.

Bumstead Haveman McBroom Scott

Byrum Heise McCann Segal

Callton Hobbs McMillin Shirkey

Cavanagh Hooker Meadows Smiley

Clemente Horn Melton Somerville

Constan Hovey-Wright Moss Stallworth

Cotter Howze Muxlow Stamas

Crawford Hughes Nesbitt Stanley

Daley Huuki O’Brien Stapleton

Damrow Jacobsen Oakes Talabi

Darany Jenkins Olson Tlaib

Denby Johnson Opsommer Townsend

Durhal Kandrevas Ouimet Tyler

Farrington Knollenberg Outman Walsh

Forlini Kurtz Pettalia Womack

Foster LaFontaine Poleski Yonker

Franz Lane Potvin Zorn

Geiss LeBlanc Price

Nays—9

Bledsoe Jackson Nathan Slavens

Dillon Lipton Olumba Switalski

Irwin

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. 229, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7b (MCL 722.627b), as added by 1997 PA 167.

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—108

Agema Genetski Lindberg Price

Ananich Gilbert Lipton Pscholka

Barnett Glardon Liss Rendon

Bauer Goike Lori Rogers

Bledsoe Haines Lund Rutledge

Bolger Hammel Lyons Santana

Brown Haugh MacGregor Schmidt, R.

Brunner Haveman MacMaster Schmidt, W.

Bumstead Heise McBroom Scott

Byrum Hobbs McCann Segal

Callton Hooker McMillin Shirkey

Cavanagh Horn Meadows Slavens

Clemente Hovey-Wright Melton Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nathan Stamas

Daley Irwin Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kurtz Outman Walsh

Foster LaFontaine Pettalia Womack

Franz Lane Poleski Yonker

Geiss LeBlanc Potvin Zorn

Nays—0

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 require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,”

The House agreed to the full title.

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

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

Senate Bill No. 422, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3104, 3118, 3120, 3122, 3306, 11135, 11153, 12103, 12109, 12112, 30104, 30109, 32312, 32513, 80130, 80315, 81114, and 82156 (MCL 324.3104, 324.3118, 324.3120, 324.3122, 324.3306, 324.11135, 324.11153, 324.12103, 324.12109, 324.12112, 324.30104, 324.30109, 324.32312, 324.32513, 324.80130, 324.80315, 324.81114, and 324.82156), sections 3104, 3306, 30109, and 32312 as amended by 2008 PA 276, sections 3118 and 3120 as amended by 2009 PA 102, sections 3122 and 12109 as amended by 2007 PA 75, section 11135 as amended by 2008 PA 403, section 11153 as amended by 2010 PA 357, sections 12103 and 12112 as amended by 2008 PA 8, section 30104 as amended by 2009 PA 139, section 32513 as amended by 2009 PA 120, and sections 80130, 80315, 81114, and 82156 as amended by 2009 PA 100.

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—59

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shirkey

Denby Jacobsen O’Brien Somerville

Farrington Jenkins Olson Stamas

Foster Johnson Opsommer Tyler

Franz Knollenberg Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

Nays—49

Ananich Forlini Lindberg Schmidt, R.

Barnett Geiss Lipton Segal

Bauer Hammel Liss Slavens

Bledsoe Haugh McCann Smiley

Brown Hobbs Meadows Stallworth

Brunner Hovey-Wright Melton Stanley

Byrum Howze Nathan Stapleton

Cavanagh Irwin Nesbitt Switalski

Clemente Jackson Oakes Talabi

Constan Kandrevas Olumba Tlaib

Darany Lane Rutledge Townsend

Dillon LeBlanc Santana Womack

Durhal

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

The House agreed to the full title.

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

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

Senate Bill No. 441, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3101a (MCL 500.3101a), as amended by 1996 PA 456; 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. 266 Yeas—107

Agema Genetski Lindberg Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brown Haugh MacGregor Schmidt, W.

Brunner Haveman MacMaster Scott

Bumstead Heise McBroom Segal

Byrum Hobbs McCann Shirkey

Callton Hooker McMillin Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Melton Somerville

Constan Howze Moss Stallworth

Cotter Hughes Muxlow Stamas

Crawford Huuki Nathan Stanley

Daley Irwin Nesbitt Stapleton

Damrow Jackson O’Brien Switalski

Darany Jacobsen Oakes Talabi

Denby Jenkins Olson Tlaib

Dillon Johnson Opsommer Townsend

Durhal Kandrevas Ouimet Tyler

Farrington Knollenberg Outman Walsh

Forlini Kurtz Pettalia Womack

Foster LaFontaine Poleski Yonker

Franz Lane Potvin Zorn

Geiss LeBlanc Price

Nays—1

Olumba

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, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”

The House agreed to the full title.

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

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

Senate Bill No. 442, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 227 (MCL 257.227), as amended by 1995 PA 287; 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. 267 Yeas—108

Agema Genetski Lindberg Price

Ananich Gilbert Lipton Pscholka

Barnett Glardon Liss Rendon

Bauer Goike Lori Rogers

Bledsoe Haines Lund Rutledge

Bolger Hammel Lyons Santana

Brown Haugh MacGregor Schmidt, R.

Brunner Haveman MacMaster Schmidt, W.

Bumstead Heise McBroom Scott

Byrum Hobbs McCann Segal

Callton Hooker McMillin Shirkey

Cavanagh Horn Meadows Slavens

Clemente Hovey-Wright Melton Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nathan Stamas

Daley Irwin Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kurtz Outman Walsh

Foster LaFontaine Pettalia Womack

Franz Lane Poleski Yonker

Geiss LeBlanc Potvin Zorn

Nays—0

In The Chair: Walsh

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

“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”

The House agreed to the full title.

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

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

Senate Bill No. 446, entitled

A bill to amend 2007 PA 106, entitled “Public employees health benefit act,” by amending sections 5 and 15 (MCL 124.75 and 124.85).

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—78

Agema Genetski Lane Potvin

Ananich Gilbert Lori Price

Bolger Glardon Lund Pscholka

Brown Goike Lyons Rendon

Bumstead Haines MacGregor Rogers

Callton Haugh MacMaster Rutledge

Clemente Haveman McBroom Schmidt, R.

Constan Heise McMillin Schmidt, W.

Cotter Hobbs Melton Scott

Crawford Hooker Moss Shirkey

Daley Horn Muxlow Slavens

Damrow Howze Nesbitt Somerville

Darany Hughes O’Brien Stallworth

Denby Huuki Olson Stamas

Dillon Jacobsen Opsommer Townsend

Farrington Jenkins Ouimet Tyler

Forlini Johnson Outman Walsh

Foster Knollenberg Pettalia Yonker

Franz Kurtz Poleski Zorn

Geiss LaFontaine

Nays—30

Barnett Hovey-Wright McCann Smiley

Bauer Irwin Meadows Stanley

Bledsoe Jackson Nathan Stapleton

Brunner Kandrevas Oakes Switalski

Byrum LeBlanc Olumba Talabi

Cavanagh Lindberg Santana Tlaib

Durhal Lipton Segal Womack

Hammel Liss

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 prescribe the conditions upon which public employers may provide certain benefits; to require the compilation and release of certain information and data; to provide certain powers and duties to certain state officials, departments, agencies, and authorities; and to provide for appropriations,”

The House agreed to the full title.

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

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

______

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

“Mr. Speaker and members of the House:

I am voting no, which is different than my initial vote on this bill because of the growing trend to do way with privacy for the sake of some sort of transparency. And while the changes to the bill make it more palatable, recent votes on these supposed ‘transparency’ issues makes me unaffordable for the people of the State of Michigan. If it’s health care information today, I am wondering what is next for the people of our Great State. That ‘what next’ should not be the further erosion of personal private information. I therefore vote no on SB 446.”

Second Reading of Bills

Senate Bill No. 346, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 33d (MCL 791.233d), as amended by 2001 PA 86.

The bill was read a second time.

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

The motion prevailed.

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

Senate Bill No. 346, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 33d (MCL 791.233d), as amended by 2001 PA 86.

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

Roll Call No. 269 Yeas—107

Agema Genetski Lindberg Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brown Haugh MacGregor Schmidt, W.

Brunner Haveman MacMaster Scott

Bumstead Heise McBroom Segal

Byrum Hobbs McCann Shirkey

Callton Hooker McMillin Slavens

Cavanagh Horn Meadows Smiley

Clemente Hovey-Wright Melton Somerville

Constan Howze Moss Stallworth

Cotter Hughes Muxlow Stamas

Crawford Huuki Nathan Stanley

Daley Irwin Nesbitt Stapleton

Damrow Jackson O’Brien Switalski

Darany Jacobsen Oakes Talabi

Denby Jenkins Olson Tlaib

Dillon Johnson Opsommer Townsend

Durhal Kandrevas Ouimet Tyler

Farrington Knollenberg Outman Walsh

Forlini Kurtz Pettalia Womack

Foster LaFontaine Poleski Yonker

Franz Lane Potvin Zorn

Geiss LeBlanc Price

Nays—1

Olumba

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, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with 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.

Second Reading of Bills

House Bill No. 4726, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2011 PA 14.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4732, entitled

A bill to amend 1978 PA 90, entitled “Youth employment standards act,” by amending section 11 (MCL 409.111), as amended by 2000 PA 418.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4458, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2009 PA 210.

The bill was read a second time.

Rep. Muxlow 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

Messages from the Senate

House Bill No. 4359, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803i (MCL 257.803i), as amended by 1998 PA 68.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Rep. Stamas moved that Rule 42 be suspended.

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

The question being on concurring in the (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 270 Yeas—108

Agema Genetski Lindberg Price

Ananich Gilbert Lipton Pscholka

Barnett Glardon Liss Rendon

Bauer Goike Lori Rogers

Bledsoe Haines Lund Rutledge

Bolger Hammel Lyons Santana

Brown Haugh MacGregor Schmidt, R.

Brunner Haveman MacMaster Schmidt, W.

Bumstead Heise McBroom Scott

Byrum Hobbs McCann Segal

Callton Hooker McMillin Shirkey

Cavanagh Horn Meadows Slavens

Clemente Hovey-Wright Melton Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nathan Stamas

Daley Irwin Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kurtz Outman Walsh

Foster LaFontaine Pettalia Womack

Franz Lane Poleski Yonker

Geiss LeBlanc Potvin Zorn

Nays—0

In The Chair: Walsh

The House agreed to the full title.

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

House Bill No. 4371, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43517, 43520, 43525a, and 43531 (MCL 324.43517, 324.43520, 324.43525a, and 324.43531), sections 43517 and 43520 as amended by 2006 PA 282, section 43525a as amended by 2006 PA 280, and section 43531 as amended by 2009 PA 70.

The Senate has substituted (S-1) the bill.

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

A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 43520, 43525a, and 43531 (MCL 324.43520, 324.43525a, and 324.43531), section 43520 as amended by 2006 PA 282, section 43525a as amended by 2006 PA 280, and section 43531 as amended by 2009 PA 70.

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

Rep. Stamas moved that Rule 42 be suspended.

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

The question being on concurring in the (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 271 Yeas—85

Agema Glardon Lori Price

Ananich Goike Lund Pscholka

Bolger Haines Lyons Rendon

Brown Haugh MacGregor Rogers

Brunner Heise MacMaster Rutledge

Bumstead Hobbs McBroom Santana

Callton Hooker McCann Schmidt, R.

Clemente Horn McMillin Schmidt, W.

Constan Hughes Meadows Scott

Cotter Huuki Melton Segal

Crawford Jacobsen Moss Shirkey

Daley Jenkins Muxlow Slavens

Damrow Johnson Nesbitt Smiley

Darany Kandrevas O’Brien Somerville

Denby Knollenberg Olson Stamas

Dillon Kurtz Opsommer Switalski

Farrington LaFontaine Ouimet Townsend

Forlini Lane Outman Tyler

Foster LeBlanc Pettalia Walsh

Geiss Lindberg Poleski Yonker

Genetski Liss Potvin Zorn

Gilbert

Nays—23

Barnett Franz Jackson Stanley

Bauer Hammel Lipton Stapleton

Bledsoe Haveman Nathan Talabi

Byrum Hovey-Wright Oakes Tlaib

Cavanagh Howze Olumba Womack

Durhal Irwin Stallworth

In The Chair: Walsh

The House agreed to the title as amended.

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

Second Reading of Bills

House Bill No. 4503, entitled

A bill to regulate raising of swine as an agricultural enterprise in this state; to provide powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.

The bill was read a second time.

Rep. Daley moved to substitute (H-6) the bill.

The motion prevailed and the substitute (H-6) was adopted, a majority of the members serving voting therefor.

Rep. Daley moved to amend the bill as follows:

1. Amend page 10, line 25, after “both.” by inserting “If the applicant requests to have both a sporting swine breeding operation and a sporting swine shooting operation at the same sporting swine livestock operation, the department shall issue each enclosure a unique registration number but shall not require additional registration or inspection fees.”.

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

Rep. McBroom moved to amend the bill as follows:

1. Amend page 4, line 14, after “enterprises.” by inserting “The commission of agriculture and rural development shall establish generally accepted agricultural and management practices under the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474, that are applicable to sporting swine livestock operations within the generally accepted agricultural and management practices for the care of farm animals.”.

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

Rep. McBroom moved to amend the bill as follows:

1. Amend page 6, line 17, by striking out all of subdivision (d) and inserting:

“(d) Fencing shall be a minimum of 5 feet high for enclosures at a sporting swine breeding operation that was in existence on the effective date of this act. For a sporting swine breeding operation that begins operating after the effective date of this act, the following apply:

(i) For an operation with a single fence, the fencing shall be a minimum of 8 feet high for enclosures.

(ii) For an operation with a perimeter fence that is a minimum of 10 feet high at a sporting swine shooting operation and a minimum of 8 feet high at a sporting swine breeding operation, an interior enclosure fence shall be a minimum of 5 feet high.”.

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

Rep. McBroom moved to amend the bill as follows:

1. Amend page 18, line 18, after “of” by striking out “$2,500.00” and inserting “$1,500.00”.

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

Rep. McBroom 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. 4503, entitled

A bill to regulate raising of swine as an agricultural enterprise in this state; to provide powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.

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

Roll Call No. 272 Yeas—61

Agema Glardon Lindberg Outman

Ananich Goike Lund Pettalia

Bolger Haines Lyons Poleski

Bumstead Haugh MacGregor Potvin

Clemente Haveman MacMaster Pscholka

Cotter Heise McBroom Rogers

Crawford Hooker McMillin Schmidt, W.

Daley Horn Melton Scott

Damrow Huuki Moss Shirkey

Denby Jackson Muxlow Somerville

Dillon Jacobsen Nathan Stamas

Farrington Jenkins O’Brien Tyler

Forlini Knollenberg Olson Walsh

Foster LaFontaine Opsommer Yonker

Franz Lane Ouimet Zorn

Gilbert

Nays—47

Barnett Genetski Liss Segal

Bauer Hammel Lori Slavens

Bledsoe Hobbs McCann Smiley

Brown Hovey-Wright Meadows Stallworth

Brunner Howze Nesbitt Stanley

Byrum Hughes Oakes Stapleton

Callton Irwin Olumba Switalski

Cavanagh Johnson Price Talabi

Constan Kandrevas Rendon Tlaib

Darany Kurtz Rutledge Townsend

Durhal LeBlanc Santana Womack

Geiss Lipton Schmidt, R.

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 regulate facilities used for raising and hunting of sporting swine; to regulate sporting swine livestock operations as agricultural enterprises in this state; to provide powers and duties of certain state agencies and officials; to authorize the issuance of certain orders; and to prescribe penalties and provide remedies.

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

“Mr. Speaker and members of the House:

HB 4503 will subject our agriculture industry to potential harm from these invasive species. In order to protect our farmers, Michigan needs appropriate regulation. I believe that this proposed regulation falls short of that required to prevent these invasive species from harming other property owners. Moreover, the fees that would support the permitting and inspection programs will not cover the cost of the program. As a result, the general fund will be subsidizing this industry. At a time when we are cutting education and public safety, I find it outrageous that we are moving to subsidize businesses that endanger our second largest industry.”

Second Reading of Bills

House Bill No. 4504, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103 and 41102 (MCL 324.40103 and 324.41102), as amended by 2000 PA 191.

The bill was read a second time.

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

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

Rep. Tyler 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. 4504, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103 and 41102 (MCL 324.40103 and 324.41102), as amended by 2000 PA 191.

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

Roll Call No. 273 Yeas—61

Agema Glardon Lindberg Outman

Ananich Goike Lund Pettalia

Bolger Haines Lyons Poleski

Bumstead Haugh MacGregor Potvin

Clemente Haveman MacMaster Pscholka

Cotter Heise McBroom Rogers

Crawford Hooker McMillin Schmidt, W.

Daley Horn Melton Scott

Damrow Huuki Moss Shirkey

Denby Jackson Muxlow Somerville

Dillon Jacobsen Nathan Stamas

Farrington Jenkins O’Brien Tyler

Forlini Knollenberg Olson Walsh

Foster LaFontaine Opsommer Yonker

Franz Lane Ouimet Zorn

Gilbert

Nays—47

Barnett Genetski Liss Segal

Bauer Hammel Lori Slavens

Bledsoe Hobbs McCann Smiley

Brown Hovey-Wright Meadows Stallworth

Brunner Howze Nesbitt Stanley

Byrum Hughes Oakes Stapleton

Callton Irwin Olumba Switalski

Cavanagh Johnson Price Talabi

Constan Kandrevas Rendon Tlaib

Darany Kurtz Rutledge Townsend

Durhal LeBlanc Santana Womack

Geiss Lipton Schmidt, R.

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 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103, 41102, 41301, and 41302 (MCL 324.40103, 324.41102, 324.41301, and 324.41302), sections 40103 and 41102 as amended by 2000 PA 191, section 41301 as amended by 2009 PA 51, and section 41302 as added by 2009 PA 52.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 4505, entitled

A bill to amend 2000 PA 190, entitled “Privately owned cervidae producers marketing act,” by amending section 5 (MCL 287.955), as amended by 2006 PA 561.

The bill was read a second time.

Rep. Daley 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. Tyler 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.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4505, entitled

A bill to amend 2000 PA 190, entitled “Privately owned cervidae producers marketing act,” by amending section 5 (MCL 287.955), as amended by 2006 PA 561.

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

Roll Call No. 274 Yeas—62

Agema Glardon Lund Pettalia

Ananich Goike Lyons Poleski

Bolger Haines MacGregor Potvin

Bumstead Haugh MacMaster Pscholka

Clemente Haveman McBroom Rogers

Cotter Heise McMillin Schmidt, R.

Crawford Hooker Melton Schmidt, W.

Daley Horn Moss Scott

Damrow Huuki Muxlow Shirkey

Denby Jackson Nathan Somerville

Dillon Jacobsen O’Brien Stamas

Farrington Jenkins Olson Tyler

Forlini Knollenberg Opsommer Walsh

Foster LaFontaine Ouimet Yonker

Franz Lane Outman Zorn

Gilbert Lindberg

Nays—45

Barnett Genetski Lipton Segal

Bauer Hammel Liss Slavens

Bledsoe Hobbs Lori Smiley

Brown Hovey-Wright McCann Stallworth

Brunner Howze Meadows Stanley

Byrum Hughes Nesbitt Stapleton

Callton Irwin Oakes Switalski

Cavanagh Johnson Price Talabi

Constan Kandrevas Rendon Tlaib

Darany Kurtz Rutledge Townsend

Durhal LeBlanc Santana Womack

Geiss

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. 4506, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12m of chapter XVII (MCL 777.12m), as amended by 2005 PA 54.

The bill was read a second time.

Rep. Daley 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. McBroom 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. 4506, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12m of chapter XVII (MCL 777.12m), as amended by 2005 PA 54.

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

Roll Call No. 275 Yeas—61

Agema Glardon Lindberg Outman

Ananich Goike Lund Pettalia

Bolger Haines Lyons Poleski

Bumstead Haugh MacGregor Potvin

Clemente Haveman MacMaster Pscholka

Cotter Heise McBroom Rogers

Crawford Hooker McMillin Schmidt, W.

Daley Horn Melton Scott

Damrow Huuki Moss Shirkey

Denby Jackson Muxlow Somerville

Dillon Jacobsen Nathan Stamas

Farrington Jenkins O’Brien Tyler

Forlini Knollenberg Olson Walsh

Foster LaFontaine Opsommer Yonker

Franz Lane Ouimet Zorn

Gilbert

Nays—47

Barnett Genetski Liss Segal

Bauer Hammel Lori Slavens

Bledsoe Hobbs McCann Smiley

Brown Hovey-Wright Meadows Stallworth

Brunner Howze Nesbitt Stanley

Byrum Hughes Oakes Stapleton

Callton Irwin Olumba Switalski

Cavanagh Johnson Price Talabi

Constan Kandrevas Rendon Tlaib

Darany Kurtz Rutledge Townsend

Durhal LeBlanc Santana Womack

Geiss Lipton Schmidt, R.

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. 4507, entitled

A bill to amend 2000 PA 190, entitled “Privately owned cervidae producers marketing act,” by amending sections 2, 3, 4, 5, 6, 7, and 10 (MCL 287.952, 287.953, 287.954, 287.955, 287.956, 287.957, and 287.960), as amended by 2006 PA 561.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4699, entitled

A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending section 14 (MCL 287.714), as amended by 2002 PA 458.

The bill was read a second time.

Rep. Daley moved to substitute (H-1) the bill.

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

Rep. McBroom 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. 4699, entitled

A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending section 14 (MCL 287.714), as amended by 2002 PA 458.

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

Roll Call No. 276 Yeas—62

Agema Glardon Lindberg Outman

Ananich Goike Lund Pettalia

Bolger Haines Lyons Poleski

Bumstead Haugh MacGregor Potvin

Clemente Haveman MacMaster Pscholka

Cotter Heise McBroom Rogers

Crawford Hooker McMillin Schmidt, W.

Daley Horn Melton Scott

Damrow Huuki Moss Shirkey

Denby Jackson Muxlow Somerville

Dillon Jacobsen Nathan Stamas

Farrington Jenkins O’Brien Tyler

Forlini Johnson Olson Walsh

Foster Knollenberg Opsommer Yonker

Franz LaFontaine Ouimet Zorn

Gilbert Lane

Nays—46

Barnett Genetski Lori Segal

Bauer Hammel McCann Slavens

Bledsoe Hobbs Meadows Smiley

Brown Hovey-Wright Nesbitt Stallworth

Brunner Howze Oakes Stanley

Byrum Hughes Olumba Stapleton

Callton Irwin Price Switalski

Cavanagh Kandrevas Rendon Talabi

Constan Kurtz Rutledge Tlaib

Darany LeBlanc Santana Townsend

Durhal Lipton Schmidt, R. Womack

Geiss Liss

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. 398, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204 and 3205e (MCL 600.3204 and 600.3205e), section 3204 as amended by 2009 PA 29 and section 3205e as added by 2009 PA 31.

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

Roll Call No. 277 Yeas—108

Agema Genetski Lindberg Price

Ananich Gilbert Lipton Pscholka

Barnett Glardon Liss Rendon

Bauer Goike Lori Rogers

Bledsoe Haines Lund Rutledge

Bolger Hammel Lyons Santana

Brown Haugh MacGregor Schmidt, R.

Brunner Haveman MacMaster Schmidt, W.

Bumstead Heise McBroom Scott

Byrum Hobbs McCann Segal

Callton Hooker McMillin Shirkey

Cavanagh Horn Meadows Slavens

Clemente Hovey-Wright Melton Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nathan Stamas

Daley Irwin Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler