No. 86

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Wednesday, October 26, 2011.

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 Lindberg—present Pscholka—present

Ananich—present Glardon—present Lipton—present Rendon—present

Barnett—present Goike—present Liss—present Rogers—present

Bauer—present Haines—present Lori—present Rutledge—present

Bledsoe—present Hammel—present Lund—present Santana—present

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

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

Brunner—present Heise—present MacMaster—present Scott—present

Bumstead—present Hobbs—present McBroom—present Segal—present

Byrum—present Hooker—present McCann—present Shaughnessy—present

Callton—present Horn—present McMillin—present Shirkey—present

Cavanagh—present Hovey-Wright—present Meadows—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—excused Switalski—present

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

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

Durhal—present Knollenberg—present Ouimet—present Townsend—present

Farrington—present Kowall—present 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

e/d/s = entered during session

Rev. Jim Liske, CEO of Prison Fellowship in Zeeland, offered the following invocation:

“Father You give us instructions in Your holy word to pray for those who are in leadership. Father, I come to You to do just that and to lift up every one of these representatives to You. I thank You for them, Father, and I praise You that they have felt call to come into public service. I thank You, Father, that they come with hearts for their constituents and hearts for the whole of the state of Michigan, and really, Father, for our whole entire country. Father, I first of all ask that You that You be with their families. Thank You for their families that have to release them into this service; that support them and care for them, and I ask them for their families safety and health today, that they wouldn’t have that concern as they deliberate and as they, Father, consider what is best;as You called them Father, to lead in particular manners, I ask, Lord, in the same way Solomon did, Lord we don’t have the capacity to lead as You called us, but would You give us wisdom, and then we claim the promise of James, Chapter 1, that when we ask for wisdom, that You give it. Lord, You know the agenda for the session, You know what is on each table, each desk, coming out of every office, the notes being handed from staff members. You know, Father, all of the issues of the regions all over our state, and I ask, Lord, that as they all come together that You Father would cause answers to be clear, that there would be agreement, and it would be agreement, Father, after healthy deliberation, so it would be agreement on the right things. I pray for our governor; I pray, Father, for all of his staff, and Lord I pray for the Senate as they convene. Through the whole, Lord, the democracy that You’ve placed before us; that You’ve instituted, I pray, Lord, that Your will will be done. Bless these men and women; I lift them to You, and I ask, Lord, that You would use them, Father, for the good of those that they lead, and that they, Father, would sense, at the end of their day, that they have accomplished, Lord, those goals, and they would be able to go back to their constituents, Lord, and look at them, and say that they have been faithful; faithful in doing what they’ve been asked to do. Cause them, Lord, to have compassion, cause them, Father, to understand righteousness, and cause them, Father, in all things glorify You. We pray these things, in Jesus name, Amen.”

______

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

The motion prevailed.

Motions and Resolutions

Reps. Kurtz, Nesbitt, Rendon, Opsommer, Daley, McBroom, Jenkins, Pettalia, Barnett, Constan, Cotter, Huuki, Liss, Price and Tyler offered the following resolution:

House Resolution No. 148.

A resolution to encourage school boards throughout the state to establish policies that ensure that agricultural science courses count toward graduation.

Whereas, While traditional roles of agriculture were once reserved for farming, today’s agricultural education highlights modern business practices. Agricultural science continues to reinvent itself through technological and innovative developments. Modern agricultural corporations need more researchers, experts, and analysts; and

Whereas, Careers in agriculture today are diverse and widespread, involving not only traditional agriculture, but agribusiness management, communications, building construction management, agri-science, resource development and management, natural resources, parks, recreation, tourism, forestry, packaging, and food science. Agri-science curriculums also draw heavily on traditional core-subject areas, such as chemistry and science. Students learn technical and analytical skills in agricultural programs that will prove useful in any number of educational and career pathways; and

Whereas, The role that agriculture has played in Michigan’s cultural and economic life over the years is well established. The difficulties facing so many industries in recent years have only served to amplify the stability, strength, and potential of all aspects of agriculture as a cornerstone of our economy; and

Whereas, Agri-science is not limited to rural school districts. Agri-science deals with many aspects of urban life. Experts have stated that 80 percent of the agricultural processing jobs may be found in urban and suburban communities in the future. Urban farming, sustainability, and local food production have become essential in our new economy; now, therefore, be it

Resolved by the House of Representatives, That we encourage school boards throughout the state to establish policies that ensure that agricultural science courses count toward graduation; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Education, the Michigan Association of School Boards, and the Michigan Association of Secondary School Principals.

The resolution was referred to the Committee on Education.

The Speaker called the Speaker Pro Tempore to the Chair.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4888, entitled

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

(The bill was received from the Senate on October 25, 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. 85, p. 2464.)

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. 427 Yeas—108

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lindberg Rendon

Barnett Glardon Lipton Rogers

Bauer Goike Liss Rutledge

Bledsoe Haines Lori Santana

Bolger Hammel Lund Schmidt, R.

Brown Haugh Lyons Schmidt, W.

Brunner Haveman MacGregor Scott

Bumstead Heise MacMaster Segal

Byrum Hobbs McBroom Shaughnessy

Callton Hooker McCann Shirkey

Cavanagh Horn McMillin Slavens

Clemente Hovey-Wright Meadows Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nathan Stamas

Daley Irwin Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olumba Talabi

Dillon Johnson Opsommer Tlaib

Durhal Kandrevas Ouimet Townsend

Farrington Knollenberg Outman Tyler

Forlini Kowall Pettalia Walsh

Foster Kurtz Poleski Womack

Franz LaFontaine Potvin Yonker

Geiss Lane Price Zorn

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.

Third Reading of Bills

House Bill No. 4582, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9 (MCL 211.9), as amended by 2008 PA 337.

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

Roll Call No. 428 Yeas—103

Agema Gilbert Lindberg Rogers

Ananich Glardon Liss Rutledge

Bauer Goike Lori Santana

Bledsoe Haines Lund Schmidt, R.

Bolger Hammel Lyons Schmidt, W.

Brunner Haugh MacGregor Scott

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows 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 Opsommer Talabi

Dillon Johnson Ouimet Tlaib

Durhal Kandrevas Outman Townsend

Farrington Knollenberg Pettalia Tyler

Forlini Kowall Poleski Walsh

Foster Kurtz Potvin Womack

Franz LaFontaine Price Yonker

Geiss Lane Pscholka Zorn

Genetski LeBlanc Rendon

Nays—5

Barnett Hovey-Wright Lipton Olumba

Brown

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. 4583, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9 (MCL 211.9), as amended by 2008 PA 337.

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

Roll Call No. 429 Yeas—104

Agema Gilbert Lindberg Rendon

Ananich Glardon Lipton Rogers

Bauer Goike Liss Rutledge

Bledsoe Haines Lori Santana

Bolger Hammel Lund Schmidt, R.

Brunner Haugh Lyons Schmidt, W.

Bumstead Haveman MacGregor Scott

Byrum Heise MacMaster Segal

Callton Hobbs McBroom Shaughnessy

Cavanagh Hooker McCann Shirkey

Clemente Horn McMillin Slavens

Constan Howze Meadows Smiley

Cotter Hughes Moss Somerville

Crawford Huuki Muxlow Stallworth

Daley Irwin Nathan Stamas

Damrow Jackson Nesbitt Stanley

Darany Jacobsen O’Brien Stapleton

Denby Jenkins Oakes Switalski

Dillon Johnson Opsommer Talabi

Durhal Kandrevas Ouimet Tlaib

Farrington Knollenberg Outman Townsend

Forlini Kowall Pettalia Tyler

Foster Kurtz Poleski Walsh

Franz LaFontaine Potvin Womack

Geiss Lane Price Yonker

Genetski LeBlanc Pscholka Zorn

Nays—4

Barnett Brown Hovey-Wright Olumba

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.

Rep. Olumba moved that his name be removed as co‑sponsor of the bill.

The motion prevailed.

Second Reading of Bills

House Bill No. 4074, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 35, 37, and 67 (MCL 791.235, 791.237, and 791.267), section 35 as amended by 1998 PA 315, section 37 as amended by 1994 PA 217, and section 67 as amended by 1996 PA 565, and by adding section 34b.

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

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

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

The motion prevailed.

House Bill No. 4075, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 1 (MCL 28.291), as amended by 2008 PA 31.

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 not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

House Bill No. 4076, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2008 PA 36.

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 not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

House Bill No. 4077, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14 of chapter XI (MCL 771.14), as amended by 2010 PA 247.

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

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

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

The motion prevailed.

Senate Bill No. 502, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 513a.

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

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

Rep. Byrum moved to amend the bill as follows:

1. Amend page 3, line 18, by striking out all of subsection (8) and renumbering the remaining subsections.

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

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

The motion prevailed.

House Bill No. 5114, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by repealing section 14i (MCL 400.14i).

The bill was read a second time.

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

The motion prevailed.

Pending the Second Reading of

House Bill No. 4781, 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.

Rep. Stamas moved that the bill be re-referred to the Committee on Commerce.

The motion prevailed.

Pending the Second Reading of

House Bill No. 4782, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 29 (MCL 421.29), as amended by 2008 PA 480.

Rep. Stamas moved that the bill be re-referred to the Committee on Commerce.

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, October 20, for his approval of the following bill:

Enrolled House Bill No. 4947 at 4:02 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, October 26:

House Bill Nos. 5116 5117 5118 5119 5120 5121 5122

The Clerk announced that the following Senate bill had been received on Wednesday, October 26:

Senate Bill No. 412

Reports of Standing Committees

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

House Bill No. 5002, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending sections 301, 315, 331, 353, 354, 360, 361, and 801 (MCL 418.301, 418.315, 418.331, 418.353, 418.354, 418.360, 418.361, and 418.801), sections 301 and 354 as amended by 1987 PA 28, section 315 as amended by 2009 PA 226, sections 331 and 801 as amended by 1994 PA 271, and section 361 as amended by 1985 PA 103, and by adding section 306; and to repeal acts and parts of acts.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Wayne Schmidt, Tyler, Gilbert, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville and Zorn

Nays: Reps. Switalski, Bledsoe, Haugh, Barnett, Clemente, Townsend and Olumba

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 26, 2011

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

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

House Bill No. 4608, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 658 (MCL 257.658), as amended by 2002 PA 494.

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

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

Favorable Roll Call

To Report Out:

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

Nays: Reps. Daley, Wayne Schmidt, Ouimet and Talabi

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

House Bill No. 4754, entitled

A bill to amend 1976 PA 295, entitled “State transportation preservation act of 1976,” by amending section 10 (MCL 474.60), as amended by 2011 PA 29.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 166, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2010 PA 155.

With the recommendation that the substitute (H-5) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 291, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 658 (MCL 257.658), as amended by 2002 PA 494.

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. Opsommer, Glardon, Huuki, Jacobsen, Muxlow, Olson, Somerville, Geiss, Nathan, Liss, Byrum, Smiley and Roy Schmidt

Nays: Reps. Daley, Wayne Schmidt, Ouimet and Talabi

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 26, 2011

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 26, 2011

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 26, 2011

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

Absent: Rep. Ananich

Excused: Rep. Ananich

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 26, 2011

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

Messages from the Senate

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.

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

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. 4061, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 1027 (MCL 436.2027), as amended by 2010 PA 213.

The Senate has amended the bill as follows:

1. Amend page 5, following line 20, by inserting:

“(9) BEFORE A MICRO BREWER, BREWPUB, OR ON-PREMISES LICENSEE ALLOWS AN EVENT TO BE HELD UNDER SUBSECTION (3)(D), THE MICRO BREWER, BREWPUB, OR ON-PREMISES LICENSEE SHALL ENTER INTO A WRITTEN AGREEMENT WITH THE HOME BREWERS OR HOME BREWERS CLUB STATING ALL OF THE FOLLOWING:

(A) THE DATE AND TIME THE EVENT WILL BE HELD.

(B) THE LOCATION OF THE EVENT.

(C) EITHER OF THE FOLLOWING:

(i) A STATEMENT THAT THE MICRO BREWER, BREWPUB, OR ON-PREMISES LICENSEE ACKNOWLEDGES THAT IT IS NOT IN CONTROL OF AN UNREGULATED ALCOHOLIC BEVERAGE AT ITS ESTABLISHMENT AND AGREES TO ASSUME LIABILITY UNDER SECTION 801(3) FOR THE EVENT.

(ii) PROOF THAT THE HOME BREWERS OR HOME BREWERS CLUB HAS OBTAINED A BOND OR LIABILITY INSURANCE EQUAL TO THAT REQUIRED UNDER SECTION 803(1).” and renumbering the remaining subsection.

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

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

House Bill No. 4452, 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 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.

Senate Bill No. 412, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43524 (MCL 324.43524), as amended by 2002 PA 81.

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.

Messages from the Governor

Date: October 25, 2011

Time: 2:28 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4947 (Public Act No. 209, I.E.), being

An act to amend 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” by amending sections 107, 117, 431, 500, and 503 (MCL 208.1107, 208.1117, 208.1431, 208.1500, and 208.1503), sections 107 and 117 as amended and section 500 as added by 2011 PA 39, section 431 as amended by 2009 PA 126, and section 503 as amended by 2009 PA 185.

(Filed with the Secretary of State October 26, 2011, at 9:10 a.m.)

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

October 18, 2011

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 #2010-048-Ed (Secretary of State Filing #11-10-02) on this date at 4:40 P.M. for the Department of Education, entitled “School Social Worker”.

This rules take effect 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.

October 18, 2011

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 #2010-049-ED (Secretary of State Filing #11-10-03) on this date at 4:42 P.M. for the Department of Education, entitled “Special Education Programs and Services”.

October 19, 2011

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 #2011-021-LR (Secretary of State Filing #11-10-04) on this date at 4:42 P.M. for the Department of Department of Licensing and Regulatory Affairs, entitled “Beer”.

October 19, 2011

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 #2011-022-LR (Secretary of State Filing #11-10-05) on this date at 4:44 P.M. for the Department of Department of Licensing and Regulatory Affairs, entitled “Wine”.

October 19, 2011

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 #2011-023-LR (Secretary of State Filing #11-10-06) on this date at 4:46 P.M. for the Department of Department of Licensing and Regulatory Affairs, entitled “Spirits”.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Reps. Cotter, Heise and Somerville introduced

House Bill No. 5123, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 323d and 625h (MCL 257.323d and 257.625h), section 323d as added by 1993 PA 359 and section 625h as amended by 1999 PA 73.

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

Reps. Cotter and Heise introduced

House Bill No. 5124, entitled

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

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

Rep. Switalski introduced

House Bill No. 5125, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2009 PA 39.

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

Rep. Zorn introduced

House Bill No. 5126, entitled

A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2003 PA 94.

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

Reps. McBroom, Scott, Outman, Tyler, Walsh, Genetski, Liss, Haveman, Bumstead, Jacobsen, Rogers, Goike, Muxlow, Knollenberg, Glardon, Opsommer, Kowall and Kurtz introduced

House Bill No. 5127, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 699 (MCL 168.699), as amended by 2005 PA 71.

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

Reps. Walsh and Heise introduced

House Bill No. 5128, entitled

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

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

______

Rep. Franz moved that the House adjourn.

The motion prevailed, the time being 2:30 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, October 27, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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