No. 39

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Wednesday, April 25, 2012.

1:30 p.m.

The House was called to order by Associate Speaker Pro Tempore Opsommer.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genetski—present Lane—present

e/d/s = entered during session

Pastor David Culp, Pastor of First Church of God in St. Joseph, offered the following invocation:

“Heavenly Father we open up this session by inviting You to be with us. We acknowledge Father that You are the author of life. You are Sovereign in this world. As James confesses, ‘Every good and perfect gift is from above, coming down from the Father of the heavenly lights, Who does not change like shifting shadows.’

Thank You for the gifts of this life that we enjoy…Thank You for this great nation…Thank You for the State You bless us to be a part of…thank You for this room that is filled with individuals and political parties that are working for the common good of this great State. Father again we confess that every good and perfect give comes from You…

We confess God that we have a tendency even as we serve to be self serving but today I pray that You would give each member here the strength of will to put aside personal agendas and party agendas and instead to seek Your agenda…To seek and agenda that will serve the needs of the people of this great state. We again thank You for each member and ask You to help each member to remember the core principles that brought them here and to empower them to make decisions that will serve the people.

Finally, Gracious Father we would ask that You would grant wisdom to each member. Again James reminds us, ‘If any of you lacks wisdom, he should ask God, Who gives generously to all without finding fault, and it will be given to him.’ We humbly acknowledge our need for Your wisdom. As deliberations take place today may You give wisdom that comes from You…that transcends our finite ability to reason. Grant wisdom that will again serve the best interests of Your people…the people of this great state.

Again Heavenly Father we thank You for those that have gathered here to serve Your people.”

______

The Speaker assumed the Chair.

Motions and Resolutions

Reps. Santana, LeBlanc and Slavens offered the following resolution:

House Resolution No. 237.

A resolution to urge the Governor to implement and fund the necessary programs to support his Special Message on Public Safety.

Whereas, Recent Federal Bureau of Investigation data ranks Flint, Detroit, Pontiac, and Saginaw as among the 10 most violent cities in the country. Governor Snyder recently observed that “murders alone in these four cities cost Michigan taxpayers more than $1,600,000.00”; and

Whereas, The Governor recently released a Special Message to the Legislature on public safety, promoting service consolidation and innovation among communities to emphasize local public safety. The Public Safety Initiative would appropriate additional funds to reduce crime in high-risk urban areas. The Governor concluded his special message with this statement: “For far too long, Michigan has turned a blind eye to the conditions of many of our cities and those who live there”; and

Whereas, It is most encouraging that Governor Snyder recognizes the serious problem facing our cities, state, and residents. Additionally, he notes that “One of the best crime prevention tools is a bright future for young people.” Sadly, his Special Message was weak on solutions that would provide constructive alternatives for our young people facing a long and hot Michigan summer; and

Whereas, Many Michigan cities are financially strapped and have run out of cash. They have drastically cut back on youth centers, parks, and recreation programs that were used to keep young people constructively occupied in decades past. The current unemployment rate for Detroit youth ages 16 to 19 is over 55 percent; and

Whereas, The state of Michigan currently has a budget surplus and a need to assist struggling cities with funding public safety measures. The Governor needs to expand and follow through on his public safety message, detailing the measures he will fund and implement to address the issues of gang violence in Detroit, to increase state police patrols throughout the struggling cities identified by the FBI data, to consider appointing a task force to coordinate efforts, and to increase local police initiatives; now, therefore, be it

Resolved by the House of Representatives, That we urge the Governor to implement and fund the necessary programs to support his Special Message on Public Safety; and be it further

Resolved, That copies of this resolution be transmitted to Governor Snyder, the Senate Majority Leader, and the Speaker of the House of Representatives.

The resolution was referred to the Committee on Government Operations.

Reps. Hovey-Wright, Geiss, Brunner, Slavens, Howze, McCann, Bauer, Bledsoe, Stallworth, Brown, Darany, Lindberg, Byrum, Barnett, Segal, Townsend, Ananich, Smiley, Haugh, Lane, Stanley, Oakes, Stapleton, Rutledge, Greimel, Hobbs, Cavanagh, Nathan, Irwin, Dillon, Switalski, Kandrevas, Tlaib, Santana, Meadows, Hammel, LeBlanc, Durhal, Constan, Lipton, Liss and Jackson offered the following resolution:

House Resolution No. 238.

A resolution to urge the Michigan Board of State Canvassers to protect the rights of the people under the Constitution of the State of Michigan of 1963 and certify the petition calling for a referendum on Public Act 4 of 2011.

Whereas, On March 16, 2011, Governor Snyder signed into law the Local Government and School District Fiscal Accountability Act (Public Act 4 of 2011). This act allows for the appointment of emergency managers with powers that challenge democracy in Michigan’s counties, cities, townships, villages, and school districts; and

Whereas, The expanded powers granted to emergency mangers eliminate accountability to the citizens of Michigan and fog the regular checks, balances, and transparency found in democracy; and

Whereas, The citizens of Michigan retained to themselves the right of referendum when they adopted the current state constitution. Article II, Section 9 of the Constitution of the State of Michigan of 1963 provides for a public vote on any legislation, other than an appropriation, upon the filing of a petition with a sufficient number of signatures; and

Whereas, Public Act 4 of 2011 is not an appropriation act and is therefore properly the subject of a referendum; and

Whereas, A petition with more than 200,000 signatures, substantially more than required by the Michigan Constitution, has been filed with the Michigan Secretary of State’s Bureau of Elections demanding a vote of the people on this controversial legislation; and

Whereas, The signatures were submitted in a timely basis; now, therefore, be it

Resolved by the House of Representatives, That we urge the Michigan Board of State Canvassers to protect the rights of the people under the Constitution of the State of Michigan of 1963 and certify the petition calling for a referendum on Public Act 4 of 2011 at the November 2012 election; and be it further

Resolved, That copies of this resolution be transmitted to Michigan Board of State Canvassers.

The resolution was referred to the Committee on Government Operations.

Reps. Lane, Barnett, Brown, Darany, Knollenberg, LeBlanc, Liss, Lori and Slavens offered the following resolution:

House Resolution No. 239.

A resolution to declare May 12, 2012, as Fibromyalgia Awareness Day in the state of Michigan.

Whereas, Fibromyalgia is a complex chronic pain disorder that affects an estimated 10 million Americans and approximately 3 to 6 percent of the population worldwide; and

Whereas, While it occurs most often women, it strikes men and children and all ethnic backgrounds; and

Whereas, For those with severe symptoms, fibromyalgia can be extremely debilitating and interfere with basic daily activities; and

Whereas, Fibromyalgia often occurs following a physical trauma, such as an acute illness or injury, which may act as a trigger in the development of the disorder. Recent studies have suggested that afflicted patients have generalized disturbance in pain processing and an amplified response to stimuli that would not ordinarily be painful in healthy individuals; and

Whereas, There is no known cure for fibromyalgia. Treatment focuses on relieving symptoms and improving function. A variety of prescription medications are often used to reduce pain levels and improve sleep; and

Whereas, Spreading awareness of the symptoms of fibromyalgia can help put an end to the lack of understanding individuals face. Education and awareness of fibromyalgia will help to decrease the number of countless instances of mistreatment and misdiagnosis that patients encounter; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 12, 2012, as Fibromyalgia Awareness Day in state of Michigan. We encourage all citizens to help educate and support family, friends and neighbors who have been diagnosed with fibromyalgia as an expression of support and compassion to fight this dreadful pain disorder. By increasing awareness of the risk factors and taking direct actions to reduce them, we can enable those who suffer from the disorder to live more peacefully; and be it further

Resolved, That a copy of this resolution be transmitted to the Office of the Governor of Michigan and director of the Department of Community Health.

The question being on the adoption of the resolution,

The resolution was adopted.

______

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

Messages from the Senate

The Senate returned, in accordance with the request of the House

Senate Bill No. 29, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224a (MCL 750.224a), as amended by 2006 PA 457.

(The bill was passed on April 19, see House Journal No. 37, p. 607.)

Rep. Stamas moved that Rule 63 be suspended.

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

Rep. Stamas moved to reconsider the vote by which the House passed the bill.

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

Third Reading of Bills

Senate Bill No. 29, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224a (MCL 750.224a), as amended by 2006 PA 457.

The question being on the passage of the bill,

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

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 189 Yeas—107

Agema Genetski LeBlanc Pscholka

Ananich Gilbert Lindberg Rendon

Barnett Glardon Lipton Rogers

Bauer Goike Liss Rutledge

Bledsoe Graves Lori Santana

Bolger Greimel Lund Schmidt, R.

Brown Haines Lyons Schmidt, W.

Brunner Hammel MacGregor Segal

Bumstead Haugh MacMaster Shaughnessy

Byrum Haveman McBroom Shirkey

Callton Heise McCann Slavens

Cavanagh Hobbs McMillin Smiley

Clemente Hooker Meadows Somerville

Constan Horn Moss Stallworth

Cotter Howze Muxlow Stamas

Crawford Hughes Nesbitt Stanley

Daley Huuki O’Brien Stapleton

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Jenkins Olumba Tlaib

Dillon Johnson Opsommer Townsend

Durhal Kandrevas Ouimet Tyler

Farrington Knollenberg Outman Walsh

Forlini Kowall Pettalia Womack

Foster Kurtz Poleski Yonker

Franz LaFontaine Potvin Zorn

Geiss Lane Price

Nays—3

Hovey-Wright Irwin Nathan

In The Chair: Opsommer

House Bill No. 5479, entitled

A bill to prohibit persons who have certain economic relationships with Iran from submitting bids or entering into contracts with this state, political subdivisions of this state, and other public entities; to require bidders for certain public contracts to submit certification of eligibility with the bid; to require reports; and to provide for sanctions for false certification.

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

Roll Call No. 190 Yeas—108

Agema Genetski Lane Potvin

Ananich Gilbert LeBlanc Price

Barnett Glardon Lindberg Pscholka

Bauer Goike Lipton Rendon

Bledsoe Graves Liss Rogers

Bolger Greimel Lori Rutledge

Brown Haines Lund Santana

Brunner Hammel Lyons Schmidt, R.

Bumstead Haugh MacGregor Schmidt, W.

Byrum Haveman MacMaster Segal

Callton Heise McBroom Shaughnessy

Cavanagh Hobbs McCann Shirkey

Clemente Hooker McMillin Slavens

Constan Horn Meadows Smiley

Cotter Hovey-Wright Moss Somerville

Crawford Howze Muxlow Stallworth

Daley Hughes Nathan Stamas

Damrow Huuki Nesbitt Stanley

Darany Jackson O’Brien Stapleton

Denby Jacobsen Oakes Switalski

Dillon Jenkins Olson Talabi

Durhal Johnson Olumba Townsend

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Womack

Franz Kurtz Pettalia Yonker

Geiss LaFontaine Poleski Zorn

Nays—2

Irwin Tlaib

In The Chair: Opsommer

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 prohibit persons who have certain economic relationships with Iran and other state sponsors of terror from submitting bids on requests for proposals with this state, political subdivisions of this state, and other public entities; to require bidders for certain public contracts to submit certification of eligibility with the bid; to require reports; and to provide for sanctions for false certification.

The motion prevailed.

The House agreed to the title as amended.

Reps. Barnett, Crawford, Dillon, Farrington, Gilbert, Greimel, Haveman, Heise, Horn, Hughes, Liss, Lund, MacGregor, MacMaster, Opsommer, Price, Pscholka and Rendon were named co‑sponsors of the bill.

______

Rep. Tlaib, 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:

House Bills 5479-5484 have tremendous unforeseen consequences that need to be explored carefully. These bills are politically driven and have no enforcement mechanism. Thus, I voted NO on all the bills.”

House Bill No. 5480, entitled

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

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

Roll Call No. 191 Yeas—108

Agema Genetski Lane Potvin

Ananich Gilbert LeBlanc Price

Barnett Glardon Lindberg Pscholka

Bauer Goike Lipton Rendon

Bledsoe Graves Liss Rogers

Bolger Greimel Lori Rutledge

Brown Haines Lund Santana

Brunner Hammel Lyons Schmidt, R.

Bumstead Haugh MacGregor Schmidt, W.

Byrum Haveman MacMaster Segal

Callton Heise McBroom Shaughnessy

Cavanagh Hobbs McCann Shirkey

Clemente Hooker McMillin Slavens

Constan Horn Meadows Smiley

Cotter Hovey-Wright Moss Somerville

Crawford Howze Muxlow Stallworth

Daley Hughes Nathan Stamas

Damrow Huuki Nesbitt Stanley

Darany Jackson O’Brien Stapleton

Denby Jacobsen Oakes Switalski

Dillon Jenkins Olson Talabi

Durhal Johnson Olumba Townsend

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Womack

Franz Kurtz Pettalia Yonker

Geiss LaFontaine Poleski Zorn

Nays—2

Irwin Tlaib

In The Chair: Opsommer

The House agreed to the title of the bill.

Reps. Crawford, Farrington, Gilbert, Graves, Greimel, Haveman, Heise, Hooker, Hughes, Liss, Lund, MacGregor, MacMaster, Opsommer, Pscholka, Rendon and Tyler were named co‑sponsors of the bill.

______

Rep. Tlaib, 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:

House Bill No. 5481, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 241 (MCL 18.1241), as amended by 2010 PA 22.

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

Roll Call No. 192 Yeas—107

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Townsend

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Womack

Franz Kurtz Pettalia Yonker

Geiss LaFontaine Poleski Zorn

Genetski Lane Potvin

Nays—3

Durhal Irwin Tlaib

In The Chair: Opsommer

The House agreed to the title of the bill.

______

Rep. Tlaib, 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:

House Bill No. 5482, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 15.

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

Roll Call No. 193 Yeas—108

Agema Genetski Lane Potvin

Ananich Gilbert LeBlanc Price

Barnett Glardon Lindberg Pscholka

Bauer Goike Lipton Rendon

Bledsoe Graves Liss Rogers

Bolger Greimel Lori Rutledge

Brown Haines Lund Santana

Brunner Hammel Lyons Schmidt, R.

Bumstead Haugh MacGregor Schmidt, W.

Byrum Haveman MacMaster Segal

Callton Heise McBroom Shaughnessy

Cavanagh Hobbs McCann Shirkey

Clemente Hooker McMillin Slavens

Constan Horn Meadows Smiley

Cotter Hovey-Wright Moss Somerville

Crawford Howze Muxlow Stallworth

Daley Hughes Nathan Stamas

Damrow Huuki Nesbitt Stanley

Darany Jackson O’Brien Stapleton

Denby Jacobsen Oakes Switalski

Dillon Jenkins Olson Talabi

Durhal Johnson Olumba Townsend

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Womack

Franz Kurtz Pettalia Yonker

Geiss LaFontaine Poleski Zorn

Nays—2

Irwin Tlaib

In The Chair: Opsommer

The House agreed to the title of the bill.

______

Rep. Tlaib, 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:

House Bill No. 5483, entitled

A bill to amend 1971 PA 140, entitled “Glenn Steil state revenue sharing act of 1971,” (MCL 141.901 to 141.921) by adding section 17b.

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

Roll Call No. 194 Yeas—108

Agema Genetski Lane Potvin

Ananich Gilbert LeBlanc Price

Barnett Glardon Lindberg Pscholka

Bauer Goike Lipton Rendon

Bledsoe Graves Liss Rogers

Bolger Greimel Lori Rutledge

Brown Haines Lund Santana

Brunner Hammel Lyons Schmidt, R.

Bumstead Haugh MacGregor Schmidt, W.

Byrum Haveman MacMaster Segal

Callton Heise McBroom Shaughnessy

Cavanagh Hobbs McCann Shirkey

Clemente Hooker McMillin Slavens

Constan Horn Meadows Smiley

Cotter Hovey-Wright Moss Somerville

Crawford Howze Muxlow Stallworth

Daley Hughes Nathan Stamas

Damrow Huuki Nesbitt Stanley

Darany Jackson O’Brien Stapleton

Denby Jacobsen Oakes Switalski

Dillon Jenkins Olson Talabi

Durhal Johnson Olumba Townsend

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Womack

Franz Kurtz Pettalia Yonker

Geiss LaFontaine Poleski Zorn

Nays—2

Irwin Tlaib

In The Chair: Opsommer

The House agreed to the title of the bill.

______

Rep. Tlaib, 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:

House Bill No. 5484, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 1j.

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

Roll Call No. 195 Yeas—108

Agema Genetski Lane Potvin

Ananich Gilbert LeBlanc Price

Barnett Glardon Lindberg Pscholka

Bauer Goike Lipton Rendon

Bledsoe Graves Liss Rogers

Bolger Greimel Lori Rutledge

Brown Haines Lund Santana

Brunner Hammel Lyons Schmidt, R.

Bumstead Haugh MacGregor Schmidt, W.

Byrum Haveman MacMaster Segal

Callton Heise McBroom Shaughnessy

Cavanagh Hobbs McCann Shirkey

Clemente Hooker McMillin Slavens

Constan Horn Meadows Smiley

Cotter Hovey-Wright Moss Somerville

Crawford Howze Muxlow Stallworth

Daley Hughes Nathan Stamas

Damrow Huuki Nesbitt Stanley

Darany Jackson O’Brien Stapleton

Denby Jacobsen Oakes Switalski

Dillon Jenkins Olson Talabi

Durhal Johnson Olumba Townsend

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Womack

Franz Kurtz Pettalia Yonker

Geiss LaFontaine Poleski Zorn

Nays—2

Irwin Tlaib

In The Chair: Opsommer

The House agreed to the title of the bill.

______

Rep. Tlaib, 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:

Senate Bill No. 1005, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 17d and 19b of chapter XIIA (MCL 712A.17d and 712A.19b), section 17d as amended by 2004 PA 475 and section 19b as amended by 2010 PA 7.

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

Roll Call No. 196 Yeas—110

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski Lane

Nays—0

In The Chair: Opsommer

The question being on agreeing to the title of the bill,

Rep. Stamas moved to amend the title to read as follows:

A bill to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending sections 13a, 17d, 18f, 19a, 19b, and 19c of chapter XIIA (MCL 712A.13a, 712A.17d, 712A.18f, 712A.19a, 712A.19b, and 712A.19c), sections 13a and 17d as amended by 2004 PA 475, section 18f as amended by 1999 PA 25, section 19a as amended by 2008 PA 200, section 19b as amended by 2010 PA 7, and section 19c as amended by 2011 PA 31.

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.

Senate Bill No. 349, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17.

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

Roll Call No. 197 Yeas—109

Agema Glardon LeBlanc Price

Ananich Goike Lindberg Pscholka

Barnett Graves Lipton Rendon

Bauer Greimel Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brunner Haugh Lyons Schmidt, R.

Bumstead Haveman MacGregor Schmidt, W.

Byrum Heise MacMaster Segal

Callton Hobbs McBroom Shaughnessy

Cavanagh Hooker McCann Shirkey

Clemente Horn McMillin Slavens

Constan Hovey-Wright Meadows Smiley

Cotter Howze Moss Somerville

Crawford Hughes Muxlow Stallworth

Daley Huuki Nathan Stamas

Damrow Irwin Nesbitt Stanley

Darany Jackson O’Brien Stapleton

Denby Jacobsen Oakes Switalski

Dillon Jenkins Olson Talabi

Durhal Johnson Olumba Tlaib

Farrington Kandrevas Opsommer Townsend

Forlini Knollenberg Ouimet Tyler

Foster Kowall Outman Walsh

Franz Kurtz Pettalia Womack

Geiss LaFontaine Poleski Yonker

Genetski Lane Potvin Zorn

Gilbert

Nays—1

Brown

In The Chair: Opsommer

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

“An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

Second Reading of Bills

House Bill No. 4025, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2010 PA 160.

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

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

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

The motion prevailed.

Senate Bill No. 393, entitled

A bill to amend 2006 PA 88, entitled “Inmate reimbursement to municipalities act,” by amending section 2 (MCL 801.312).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5540, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 591 (MCL 168.591), as amended by 1990 PA 109.

The bill was read a second time.

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

The motion prevailed.

______

The Speaker Pro Tempore assumed the Chair.

House Bill No. 5365, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2012 and September 30, 2013; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

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

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

Rep. Tlaib moved to amend the bill as follows:

1. Amend page 39, line 20, by striking out “1,294,379,200” and inserting “1,308,215,100” and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 40, line 24, by striking out “7,092,728,300” and inserting “7,101,913,900” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 41, line 3, by striking out “1,290,994,800” and inserting “1,295,645,100” and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Bauer moved to amend the bill as follows:

1. Amend page 38, line 14, by striking out “6,724,100” and inserting “6,824,100” and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 38, line 15, by striking out “35,314,400” and inserting “36,064,400” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 39, line 3, by striking out “27,726,800” and inserting “28,576,800” and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 41, following line 15, by inserting:

“Office of services to aging administration............................................................................. 250,000”

and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 42, line 5, by striking out “15,021,500” and inserting “15,271,500” and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Bauer moved to amend the bill as follows:

1. Amend page 41, following line 15, by inserting:

“Health and wellness initiatives............................................................................................... 3,000,000”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 42, line 5, by striking out “15,021,500” and inserting “18,021,500” and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Lindberg moved to amend the bill as follows:

1. Amend page 41, following line 20, by inserting:

“Hospital services and therapy - rural and sole community hospitals.................................... 29,533,400”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 41, line 27, by striking out “19,817,800” and inserting “39,425,000” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 42, line 5, by striking out “15,021,500” and inserting “24,947,700” and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Durhal moved to amend the bill as follows:

1. Amend page 105, line 24, by striking out “371.0” and inserting “384.0”.

2. Amend page 105, line 24, by striking out “55,777,800” and inserting “57,734,600”.

3. Amend page 105, line 25, by striking out “203.2” and inserting “210.6”.

4. Amend page 105, line 25, by striking out “18,565,000” and inserting “19,243,400”.

5. Amend page 106, line 8, by striking out all of lines 8 and 9.

6. Amend page 106, line 10, by striking out “100” and inserting “(7,107,300)”.

7. Amend page 106, line 11, by striking out “239.6” and inserting “244.0”.

8. Amend page 106, line 11, by striking out “31,634,100” and inserting “32,217,500”.

9. Amend page 107, line 16, by striking out “150,818,400” and inserting “154,321,600”.

10. Amend page 110, following line 26, by inserting:

“Michigan reformatory - Ionia—315.1 FTE positions............................................................ 35,535,100

Average population....................................................................................................................... 1,338”.

11. Amend page 164, line 15, by striking out all of section 937.

12. Amend page 165, line 4, after “stores” by striking out the balance of the line and inserting “and food service operations.” and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments offered by Rep. Durhal,

Rep. Durhal demanded the yeas and nays.

The demand was not supported.

The question being on the adoption of the amendments offered by Rep. Durhal,

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

Rep. Lindberg moved to amend the bill as follows:

1. Amend page 160, following line 23, by inserting:

“Sec. 914. As a condition for expending the funds authorized in part 1, the department shall continue to assign and utilize resident unit officers and corrections medical unit officers at all facilities in which they were utilized during the fiscal year ending September 30, 2011. The number of active resident unit officers and active corrections medical unit officers utilized at each facility shall be no lower than the number utilized as of September 30, 2011.”.

The question being on the adoption of the amendment offered by Rep. Lindberg,

Rep. Lindberg demanded the yeas and nays.

The demand was not supported.

The question being on the adoption of the amendment offered by Rep. Lindberg,

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

Rep. Lindberg moved to amend the bill as follows:

1. Amend page 162, following line 8, by inserting:

“Sec. 926. By November 1, February 1, May 1, and August 1 of each year, the department shall submit to the house and senate appropriation subcommittees on corrections, the house and senate fiscal agencies, and the state budget director a report on the utilization of chemical agents and devices that use electro-muscular disruption within the state prison system. The report shall contain the following information covering the fiscal year quarter directly preceding the report date:

(a) The number of deployments of devices that use electro-muscular disruption technology and the number of deployments of chemical agents during that quarter.

(b) The number of deployments of devices that use electro-muscular disruption technology and the number of deployments of chemical agents in error during that quarter, including information on the number of these deployments that resulted from user error, equipment error, and other categories of error.

(c) The number of deployments of devices that use electro-muscular disruption technology and the number of deployments of chemical agents during that quarter for which a prisoner with a diagnosed mental illness was physically impacted by the deployment.”.

The question being on the adoption of the amendment offered by Rep. Lindberg,

Rep. Lindberg demanded the yeas and nays.

The demand was not supported.

The question being on the adoption of the amendment offered by Rep. Lindberg,

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

Rep. Lindberg moved to amend the bill as follows:

1. Amend page 163, following line 18, by inserting:

“Sec. 934. When the department determines that the closure of a correctional facility is warranted and is determining which facility should be subject to closure, it is the intent of the legislature that the department fully consider the potential economic impact of each prison closure being considered on the community in which the facility resides. The department shall make it a high priority to close a facility for which the local economic impact is minimized.”.

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

Rep. Bauer moved to amend the bill as follows:

1. Amend page 171, line 21, by striking out “156,155,700” and inserting “166,155,700”.

2. Amend page 171, line 26, by striking out “11,820,600” and inserting “21,820,600”.

3. Amend page 189, following line 27, by inserting:

“Sec. 1007. For the child development and care public assistance program, the maximum reimbursable hours per recipient shall be 90 hours per biweekly period.”.

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

Rep. Durhal moved to amend the bill as follows:

1. Amend page 363, following line 27, by inserting:

“Sec. 1025. From the funds appropriated in part 1 for business attraction and economic gardening, $1,400,000.00 shall be granted by the Michigan strategic fund board to the Michigan small business and technology development centers to be used for the small business innovation research or small business technology transfer grant or loan matching program. These funds shall only be used to provide the required match. Grants or loans under this section shall not exceed 25% of the federal funds and must leverage third-party commercialization funding at both the phase I and phase II levels.”.

2. Amend page 366, following line 23, by inserting:

“Sec. 1034. (1) A portion of the funds appropriated in part 1 for innovation and entrepreneurship shall be used to fund business incubators and accelerators. The Michigan strategic fund shall award a grant to 1 high-performance business incubator or accelerator in each of the following governmental units:

(a) Houghton County.

(b) Kent County.

(d) Oakland County.

(e) Washtenaw County.

(f) A city with a population greater than 650,000.

(g) A Midland County satellite site of an incubator located in Isabella County.

(2) Grant funding awarded under this section may be used to fund satellite locations, as determined by the Michigan strategic fund.

(3) Eligible recipients for these awards must have been operational on October 1, 2010 and operating continuously since that date.

(4) Awards shall not be less than $500,000.00 per selected business incubator or accelerator. No recipient shall receive more than $2,000,000.00 under this section. No unit of local government listed in subsection (1) shall receive more than 1 award.

(5) Applicants shall submit a comprehensive business plan to the Michigan strategic fund that demonstrates the sustainability of the organization.

(6) Awards shall be announced by December 31, 2011.

(7) Each recipient business incubator or accelerator shall develop a dashboard of indicators to measure the effectiveness of the business incubator and accelerator programs. Indicators shall include the direct jobs created, new companies launched as a direct result of business incubator or accelerator involvement, businesses expanded as a direct result of business incubator or accelerator involvement, direct investment in client companies, private equity financing obtained by client companies, grant funding obtained by client companies, and other measures developed by the recipient business incubators and accelerators in conjunction with the Michigan economic development corporation. Dashboard indicators shall be reported for the prior fiscal year and cumulatively, if available. Each recipient shall submit a copy of their dashboard indicators to the Michigan strategic fund by March 1. The Michigan strategic fund shall transmit the local reports to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by March 15.”.

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

Rep. Durhal moved to amend the bill as follows:

1. Amend page 363, following line 27, by inserting:

“Sec. 1026. From the funds appropriated in part 1 for business attraction and economic gardening, not less than $85,000,000.00 shall be granted by the Michigan strategic fund board for film incentives.”.

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

Rep. Greimel moved to amend the bill as follows:

1. Amend page 260, following line 12, by inserting:

“Summer youth employment initiative.................................................................................... 3,000,000”

and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Greimel moved to amend the bill as follows:

1. Amend page 260, following line 12, by inserting:

“Talent fund for job training and skills development.............................................................. 10,000,000”

and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Durhal moved to amend the bill as follows:

1. Amend page 259, line 18, by striking out “90,000,000” and inserting “100,000,000” and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Durhal moved to amend the bill as follows:

1. Amend page 261, line 23, by striking out “91,420,000” and inserting “167,642,800”.

2. Amend page 261, by striking out all of line 24.

3. Amend page 261, line 25, by striking out “220,000,000” and inserting “756,735,600”.

4. Amend page 262, line 3, by striking out “1,066,719,700” and inserting “1,640,498,100” and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 346, line 17, by striking out all of section 952 and inserting:

“Sec. 952. (1) From the funds appropriated in part 1 to the economic vitality incentive program, $756,735,600.00 is to be used for grants to cities, villages, and townships such that, subject to fulfilling the requirements under subsection (2)(a), (b), or (c), each city, village, or township that received a payment under section 950(2), 2009 PA 128, greater than $4,500.00 will be eligible to receive a maximum of 244.452144% of its total payment received under section 950(2), 2009 PA 128, rounded to the nearest dollar. For the purposes of this subdivision, any city or village that according to the 2010 federal decennial census is determined to have population in more than 1 county will be treated as a single entity when determining the payment received under section 950(2), 2009 PA 128.

(2) Cities, villages, and townships eligible to receive a potential payment from the allocation under subsection (1) may qualify to receive payments under 1 or more of the following 3 categories:

(a) Category 1, accountability and transparency, requires each eligible city, village, and township to certify that by October 1, 2012, or the first day of a payment month, it has produced a citizen’s guide of its most recent local finances, including a recognition of its unfunded liabilities, a performance dashboard, and a projected budget report including, at a minimum, the current fiscal year and a projection for the immediately following fiscal year. The projected budget report shall contain an explanation of the assumptions used in the projections. The citizen’s guide, performance dashboard, and projected budget report shall be made available for public viewing in the city, village, or township clerk’s office and/or posted on a publicly accessible Internet site. Each city, village, and township applying for a payment under this category shall submit a copy of the citizen’s guide, a copy of the performance dashboard, and a copy of the projected budget report to the department of treasury.

(b) Category 2, consolidation of services, requires each eligible city, village, and township to certify that by February 1, 2013, or the first day of a payment month, it has produced a consolidation plan. The consolidation plan shall be made readily available for public viewing in the city, village, or township clerk’s office and/or posted on a publicly accessible Internet site. Each city, village, and township applying for a payment under this category shall submit a copy of the consolidation plan to the department of treasury. At a minimum, the consolidation plan shall include the following:

(i) For a city, village, or township that is submitting a consolidation plan for the first time, the plan shall include a listing of any previous services consolidated with an estimated cost savings amount for each consolidation. In addition, the plan shall include one or more new proposal(s) to increase its existing level of cooperation, collaboration, and consolidation either within the jurisdiction or with other jurisdictions, an estimate of the potential savings amount, and a timeline for implementing the new proposal.

(ii) For a city, village, or township that submitted a consolidation plan in the previous fiscal year, the plan shall include an update on the status of the new proposals that were in the previous year’s consolidation plan, including whether or not the previously proposed plan has been fully implemented, a listing of the barriers experienced implementing the proposal, and a timeline outlining the steps to accomplish the proposed plan. In addition, the plan shall include one or more new proposal(s) to increase its existing level of cooperation, collaboration, and consolidation either within the jurisdiction or with other jurisdictions, or a detailed explanation of why increasing its existing level of cooperation, collaboration, and consolidation is not feasible.

(c) Category 3, employee compensation, requires each eligible city, village, and township to meet the following conditions:

(i) Any eligible city, village, or township that offers health care benefits to its employees or elected public officials shall certify to the department of treasury by June 1, 2013, or the first day of a payment month, that it is in compliance with the publicly funded health insurance contribution act, 2011 PA 152, MCL 15.561 to MCL 15.569. Dental and vision coverage are not considered health care benefits. The department shall develop a certification process and method for cities, villages, and townships to follow.

(ii) Any city, village, or township that does not offer health care benefits to its employees or elected public officials shall certify to the department of treasury by June 1, 2013, or the first day of a payment month, that it does not offer health care benefits to its employees or elected public officials. Dental and vision coverage are not considered health care benefits. The department shall develop a certification process and method for cities, villages, and townships to follow.

(3) Economic vitality incentive program payments are subject to the following conditions:

(a) For a city, village, or township to qualify for a category under subsection (2)(a), (b), or (c), the city, village, or township shall meet every criteria for that category including a certification to the department that it has met the required criteria for that category and submission of the required citizen’s guide, performance dashboard, and projected budget report; consolidation plan; or the certification of compliance with 2011 PA 152, MCL 15.561 to MCL 15.569, as required by subsection (2)(a), (b), or (c), respectively. A department of treasury review of the citizen’s guide, performance dashboard, projected budget report, consolidation plan, or compliance with 2011 PA 152, MCL 15.561 to MCL 15.569, is not required for a city, village, or township to receive a payment under subsection (1). The department shall develop a certification process and method for cities, villages, and townships to follow.

(b) For each category that a city, village, or township qualifies for in subsection (2), the city, village, or township shall receive 1/3 of its potential economic vitality incentive program payment amount calculated in subsection (1).

(i) Category 1, an eligible city, village, or township that certifies with the department of treasury that it has qualified for a payment under (2)(a) by October 1, 2012 shall receive 1/6 of its available distribution on the last business day of October 2012 and 1/6 of its available distribution on the last business day of December 2012. If an eligible city, village, or township certifies with the department of treasury that it has qualified for a payment under (2)(a) after October 1, 2012, but prior to December 1, 2012, the city, village, or township shall receive 1/6 of its available distribution on the last business day of December 2012.

(ii) Category 2, an eligible city, village, or township that certifies with the department of treasury that it has qualified for a payment under (2)(b) by February 1, 2013 shall receive 1/6 of its available distribution on the last business day of February 2013 and 1/6 of its available distribution on the last business day of April 2013. If an eligible city, village, or township certifies with the department of treasury that it has qualified for a payment under (2)(b) after February 1, 2013, but prior to April 1, 2013, the city, village, or township shall receive 1/6 of its available distribution on the last business day of April 2013.

(iii) Category 3, an eligible city, village, or township that certifies with the department of treasury that it has qualified for a payment under (2)(c) by June 1, 2013 shall receive 1/6 of its available distribution on the last business day of June 2013 and 1/6 of its available distribution on the last business day of August 2013. If an eligible city, village, or township certifies with the department of treasury that it has qualified for a payment under (2)(c) after June 1, 2013, but prior to August 1, 2013, the city, village, or township shall receive 1/6 of its available distribution on the last business day of August 2013.

(d) Any city, village, or township that falsifies certification documents shall forfeit any future economic vitality incentive program payments and shall repay this state all economic vitality incentive program payments it has received.

(e) Economic vitality incentive program payments under this section shall be distributed on the last business day of October, December, February, April, June, and August.

(f) Payments distributed under this section may be withheld pursuant to sections 17a and 21 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.917a and 141.921.

(g) The department of treasury shall have the ability to administer deadlines and provide for penalties for late submissions. The department of treasury shall provide guidance to eligible cities, villages, and townships on how they plan to administer deadlines and late submissions.

(h) The department of treasury shall develop detailed guidance for an eligible city, village, and township to follow to qualify for a payment under (2)(a), (b), and (c). The detailed guidance shall be posted on the department of treasury website and distributed to eligible cities, villages, and townships by October 1, 2012.

(4) The unexpended funds appropriated in part 1 for the economic vitality incentive program shall be available for expenditure for competitive grant assistance projects under section 951.”.

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

Rep. Dillon moved to amend the bill as follows:

1. Amend page 276, following line 15, by inserting:

“Sec. 232. The records of all contracts with outside vendors under this act, including financial records and invoices and the records of any subcontractors, are considered public records for the purpose of inquiries under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and may be subject to audit by public auditing authorities.”.

The question being on the adoption of the amendment offered by Rep. Dillon,

Rep. Dillon demanded the yeas and nays.

The demand was not supported.

The question being on the adoption of the amendment offered by Rep. Dillon,

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

Rep. Tlaib moved to amend the bill as follows:

1. Amend page 382, line 21, by striking out “200,341,100” and inserting “190,486,100”.

2. Amend page 383, line 12, by striking out “282,466,600” and inserting “280,824,100”.

3. Amend page 383, line 15, by striking out “20,824,500” and inserting “17,539,500”.

4. Amend page 383, by striking out all of lines 19, 20, and 21 and inserting:

“W.J. Maxey training school—72.0 FTE positions................................................................. $ 11,514,300

Bay pines center—44.0 FTE positions......................................................................................... 4,957,400

Shawono center—44.0 FTE positions.......................................................................................... 5,023,900”.

5. Amend page 383, line 24, by striking out “10.0” and inserting “16.0”.

6. Amend page 383, line 25, by striking out “2,200,000” and inserting “4,362,400”.

7. Amend page 384, line 6, by striking out “6,642,000” and inserting “7,091,300”.

8. Amend page 384, following line 6, by inserting:

“Special revenue funds:

Local funds - state share education funds.................................................................................... 2,135,800

Local funds - county chargeback................................................................................................. 9,921,100”

and adjusting the subtotals, totals, and section 201 accordingly.

9. Amend page 423, following line 4, by inserting:

“Sec. 719. The department shall notify the legislature at least 30 days before closing or making any change in the status, including the licensed bed capacity and operating bed capacity, of a state juvenile justice facility.”.

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

Rep. Jackson moved to amend the bill as follows:

1. Amend page 409, following line 26, by inserting:

“Sec. 578. (1) The department and child placing agencies shall utilize a standardized assessment tool to ensure greater cooperation between the department and the department of community health and to measure the mental health treatment needs of every child supervised by the department. The department shall use the results of this assessment process to determine the best placement and the best mental health services to be provided for the child while under department supervision.

(2) The department shall track the number and percentage of children who received both a physical and mental health assessment before placement in the foster care and juvenile justice systems and provide quarterly reports to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, and the senate and house fiscal agencies and policy offices on the number and percentage of children who received the assessments.”.

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

Rep. Jackson moved to amend the bill as follows:

1. Amend page 386, line 8, by striking out “289,288,000” and inserting “376,559,000” and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 420, following line 8, by inserting:

“Sec. 658. The department shall extend the state lifetime limit for family independence program benefits from 48 months to 60 months to reflect the 60 month federal lifetime limit.

Sec. 659. The department shall not implement any policy to discontinue or reduce public assistance for families based on school attendance.”.

3. Amend page 420, line 18, after “up to” by striking out “$2,880,000.00” and inserting “$12,751,000.00”.

4. Amend page 420, line 20, after “to all” by striking out “eligible”.

5. Amend page 420, line 21, by striking out “that does not include an adult”.

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

Rep. Jackson moved to amend the bill as follows:

1. Amend page 424, following line 8, by inserting:

“Sec. 758. The department shall incorporate cultural competency curriculum into the training of caseworkers.”.

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

Rep. Tlaib moved to amend the bill as follows:

1. Amend page 386, line 18, by striking out “1,515,500” and inserting “1,815,500” and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Tlaib moved to amend the bill as follows:

1. Amend page 426, following line 2, by inserting:

“Sec. 1104. The department shall award up to $500,000.00 in competitive grants to organizations that seek to provide programs combining education on the earned income tax credit (EITC) with programs building financial literacy or family budgeting skills. Awards shall be based on the organization’s education and outreach with the EITC. Organizations shall be given preference based on their emphasis on clients who have never filed for the EITC, clients with children, and clients for whom receipt of the EITC will make it easier for them to move off public assistance.”.

The question being on the adoption of the amendment offered by Rep. Tlaib,

Rep. Tlaib demanded the yeas and nays.

The demand was not supported.

The question being on the adoption of the amendment offered by Rep. Tlaib,

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

Rep. Jackson moved to amend the bill as follows:

1. Amend page 400, line 20, by striking out all of section 425.

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

Rep. Jackson moved to amend the bill as follows:

1. Amend page 386, line 9, by striking out “25,515,100” and inserting “30,231,500”.

2. Amend page 387, line 6, by striking out “10,617,600” and inserting “12,268,300” and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Jackson moved to amend the bill as follows:

1. Amend page 409, following line 11, by inserting:

“Sec. 548. During the annual budget presentation to the house and senate appropriations subcommittees on the department budget, the department shall report on progress in implementing the recommendations of the task force that studied the disproportionate representation of African-American and other children of color in the child welfare and juvenile justice systems as required under former section 548 of the fiscal year 2005-2006 budget act for the department.”.

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

Rep. Jackson moved to amend the bill as follows:

1. Amend page 394, following line 3, by inserting:

“Sec. 223. (1) The department shall make a determination of Medicaid eligibility not later than 45 days after all information to make the determination is received from the applicant when disability is an eligibility factor. For all other Medicaid applicants, the department shall make a determination of Medicaid eligibility not later than 30 days after all information to make the determination is received from the applicant.

(2) The department shall track the percentage of cases that meet the standard of promptness described in subsection (1), and this state shall include this measure in the appropriate dashboards that are accessible on this state’s website. The department shall provide quarterly reports to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, and the senate and house fiscal agencies and policy offices detailing the department’s progress in achieving the eligibility standard of promptness.

Sec. 224. (1) The department shall approve or deny a Medicaid application for a patient of a nursing home within 30 days after the receipt of the necessary information.

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

Rep. Jackson moved to amend the bill as follows:

1. Amend page 417, line 19, by striking out all of section 620.

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

Rep. LeBlanc moved to amend the bill as follows:

1. Amend page 377, line 24, by striking out “647,900” and inserting “583,100”.

2. Amend page 378, line 14, by striking out “8,734,500” and inserting “8,726,000”.

3. Amend page 378, line 15, by striking out “42,694,900” and inserting “42,677,700” and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Tlaib moved to amend the bill as follows:

1. Amend page 432, line 20, by striking out “19,800” and inserting “382,200”.

2. Amend page 434, line 13, by striking out “4,240,300” and inserting “3,937,400”.

3. Amend page 434, line 23, by striking out “3,998,400” and inserting “3,991,000”.

4. Amend page 434, line 24, by striking out “5,559,800” and inserting “5,551,000” and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments offered by Rep. Tlaib,

Rep. Tlaib demanded the yeas and nays.

The demand was not supported.

The question being on the adoption of the amendments offered by Rep. Tlaib,

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

Rep. Dillon moved to amend the bill as follows:

1. Amend page 462, following line 16, by inserting:

“Sec. 210. The director shall take all reasonable steps to ensure that businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.”.

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

Rep. Lipton moved to amend the bill as follows:

1. Amend page 458, following line 23, by inserting:

“Home heating assistance for the vulnerable.......................................................................... $ 60,000,000”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 459, following line 4, by inserting:

“Home heating assistance for the vulnerable fund.................................................................. $ 60,000,000”

and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 470, following line 20, by inserting:

“Sec. 361. The public service commission shall report by November 1 to the subcommittees, the state budget office, and the fiscal agencies on the distribution of funds appropriated in part 1 for the home heating assistance for the vulnerable program.”.

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

Rep. Dillon moved to amend the bill as follows:

1. Amend page 579, line 2, by striking out “146,083,500” and inserting “98,083,500”.

2. Amend page 579, following line 2, by inserting:

“Countercyclical budget and economic stabilization fund....................................................... $ 48,000,000”.

3. Amend page 583, line 23, by striking out “941,053,200” and inserting “989,053,200”.

4. Amend page 584, line 12, by striking out “161,853,900” and inserting “209,853,900” and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. LaFontaine moved to amend the bill as follows:

1. Amend page 226, following line 2, by inserting:

“Sec. 404. It is the intent of the legislature that the department shall work to develop a long-term funding plan in cooperation with local governmental entities to support the real-time water quality monitoring program in the St. Clair watershed to ensure that the drinking water quality monitors in southeast Michigan remain in operation.”.

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

Rep. McMillin moved to amend the bill as follows:

1. Amend page 15, following line 26, by inserting:

“Sec. 230. By October 31, 2012, the department shall identify 10 principal measurable outcomes to be affected by expenditure of the funds appropriated in part 1 of this article and submit a report to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director that ranks the outcomes by level of importance and contains current data on those outcomes. Beginning on April 1, 2013, the department shall provide biannual updates to the house and senate appropriations committees on changes in those measurable outcomes and departmental efforts to improve the outcomes.”.

2. Amend page 47, following line 18, by inserting:

“Sec. 207. By October 31, 2012, the department shall identify 10 principal measurable outcomes to be affected by expenditure of the funds appropriated in part 1 of this article and submit a report to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director that ranks the outcomes by level of importance and contains current data on those outcomes. Beginning on April 1, 2013, the department shall provide biannual updates to the house and senate appropriations committees on changes in those measurable outcomes and departmental efforts to improve the outcomes.”.

3. Amend page 125, following line 22, by inserting:

4. Amend page 183, following line 11, by inserting:

5. Amend page 219, following line 10, by inserting:

6. Amend page 276, following line 15, by inserting:

“Sec. 232. (1) Except as provided in subsection (2), by October 31, 2012, each principal executive department and agency receiving funds in part 1 of this article shall identify 10 principal measurable outcomes to be affected by expenditure of the funds appropriated in part 1 of this article and submit a report to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director that ranks the outcomes by level of importance and contains current data on those outcomes. Beginning on April 1, 2013, each principal executive department and agency shall provide biannual updates to the house and senate appropriations committees on changes in those measurable outcomes and departmental efforts to improve the outcomes.

(2) For purposes of the requirements of subsection (1), the department of attorney general, the department of civil rights, the bureau of state lottery, and the Michigan gaming control board shall identify and report on 5, rather than 10, principal measurable outcomes.”.

7. Amend page 394, following line 3, by inserting:

“Sec. 235. By October 31, 2012, the department shall identify 10 principal measurable outcomes to be affected by expenditure of the funds appropriated in part 1 of this article and submit a report to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director that ranks the outcomes by level of importance and contains current data on those outcomes. Beginning on April 1, 2013, the department shall provide biannual updates to the house and senate appropriations committees on changes in those measurable outcomes and departmental efforts to improve the outcomes.”.

8. Amend page 441, following line 24, by inserting:

“Sec. 223. By October 31, 2012, the judiciary shall identify 10 principal measurable outcomes to be affected by expenditure of the funds appropriated in part 1 of this article and submit a report to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director that ranks the outcomes by level of importance and contains current data on those outcomes. Beginning on April 1, 2013, the judiciary shall provide biannual updates to the house and senate appropriations committees on changes in those measurable outcomes and departmental efforts to improve the outcomes.”.

9. Amend page 467, following line 7, by inserting:

10. Amend page 530, following line 27, by inserting:

11. Amend page 595, following line 19, by inserting:

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

Rep. Shaughnessy moved to amend the bill as follows:

1. Amend page 21, following line 24, by inserting:

“Sec. 710. The department shall work with the Michigan department of transportation to facilitate the use of welcome centers and highway rest areas for farmer’s markets.”.

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

Rep. Lori moved to amend the bill as follows:

1. Amend page 56, following line 20, by inserting:

“Sec. 298. (1) The department shall verify, using the e-verify system, that all new department employees, and new hire employees of contractors and subcontractors paid from funds appropriated in this article, are legally present in the United States. The department may verify this information directly or may require contractors and subcontractors to verify the information and submit a certification to the department.

(2) By March 1 of the current fiscal year, the department shall submit to the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and state budget office, a report certifying that it has verified, or has required contractors and subcontractors to verify, using the e-verify system, that all new department employees and new hire employees of contractors and subcontractors are legally present in the United States.”.

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

Rep. MacMaster moved to amend the bill as follows:

1. Amend page 363, following line 27, by inserting:

“Sec. 1027. From the funds appropriated in part 1 for Pure Michigan, up to $100,000.00 shall be used for a study on the estimated revenue and tourism impact attributable to the intentional sinking of outdated watercraft.”.

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

Rep. Outman moved to amend the bill as follows:

1. Amend page 263, line 12, by striking out “15,000,000” and inserting “11,000,000”.

2. Amend page 263, following line 12, by inserting:

“Community college renaissance zone grants......................................................................... 4,000,000”

and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Glardon moved to amend the bill as follows:

1. Amend page 605, following line 5, by inserting:

“Sec. 399. The department shall work with the Michigan department of agriculture and rural development to facilitate the use of welcome centers and highway rest areas for farmer’s markets.”.

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

Reps. Lyons, Callton and Outman moved to amend the bill as follows:

1. Amend page 105, line 24, by striking out “371.0” and inserting “383.0”.

2. Amend page 105, line 24, by striking out “55,777,800” and inserting “57,734,500”.

3. Amend page 105, line 25, by striking out “203.2” and inserting “211.6”.

4. Amend page 105, line 25, by striking out “18,565,000” and inserting “19,243,500”.

5. Amend page 106, line 8, by striking out “35,149,500” and inserting “100”.

6. Amend page 106, line 8, by striking out “1,284” and inserting “0”.

7. Amend page 106, line 11, by striking out “239.6” and inserting “243.0”.

8. Amend page 106, line 11, by striking out “31,634,100” and inserting “32,217,400”.

9. Amend page 107, line 16, by striking out “150,818,400” and inserting “154,321,700”.

10. Amend page 110, following line 26, by inserting:

“Michigan reformatory - Ionia—315.1 FTE positions............................................................ 35,535,200

Average population....................................................................................................................... 1,338”

and adjusting the subtotals, totals, and section 201 accordingly.

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

Reps. Huuki, Jenkins and Foster moved to amend the bill as follows:

1. Amend page 165, following line 19, by inserting:

“Sec. 943. (1) By January 1, April 1, July 1, and October 1, the department shall provide a report to the house and senate appropriations subcommittees on corrections, the house and senate fiscal agencies, and the state budget director containing the following information:

(a) The number of perimeter cameras installed and functioning at department prison facilities.

(b) The number of potential escapes prevented with direct assistance from perimeter cameras during the preceding 12-month period.

(d) The number of successful escapes from department prison facilities during the preceding 12-month period.

(2) For comparison purposes, the report in subsection (1) shall also include the same information for fiscal year 2010-11, which represents the last full fiscal year during which continuous alert response vehicles patrols were utilized at most prison facilities.”.

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

Reps. Jenkins, Huuki and Foster moved to amend the bill as follows:

1. Amend page 165, following line 10, by inserting:

“Sec. 940. It is the intent of the legislature that the department maintains sufficient perimeter security measures at department prison facilities to ensure the safety of communities surrounding such facilities.”.

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

Rep. Foster moved to amend the bill as follows:

1. Amend page 163, following line 18, by inserting:

“Sec. 932. As a condition for expending the funds authorized in part 1 of this article for the department of corrections, the department of corrections shall continue to utilize custody staff to patrol the perimeter of prison facilities using alert response vehicles at all facilities for which alert response vehicles were utilized during the fiscal year ending September 30, 2011.”.

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

Rep. Foster moved to amend the bill as follows:

1. Amend page 163, following line 18, by inserting:

“Sec. 933. As a condition for expending the funds authorized in part 1 of this article, the department shall continue to utilize the job classification of resident unit officer at all facilities for which resident unit officers were utilized during the fiscal year ending September 30, 2011.”.

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

Reps. McBroom, Ouimet, Pettalia, Rendon and Rogers moved to amend the bill as follows:

1. Amend page 382, line 21, by striking out “200,341,100” and inserting “190,486,000”.

2. Amend page 383, line 12, by striking out “282,466,600” and inserting “280,824,000”.

3. Amend page 383, line 15, by striking out “20,824,500” and inserting “17,539,400”.

4. Amend page 383, by striking out lines 19, 20, and 21 and inserting:

“W.J. Maxey training school—72.0 FTE positions................................................................. $ 11,514,200

Bay pines center—44.0 FTE positions......................................................................................... 4,957,300

Shawono center—44.0 FTE positions.......................................................................................... 5,023,800”.

5. Amend page 383, line 24, by striking out “10.0” and inserting “15.5”.

6. Amend page 383, line 25, by striking out “2,200,000” and inserting “4,362,300”.

7. Amend page 384, line 6, by striking out “6,642,000” and inserting “7,091,200”.

8. Amend page 384, following line 6, by inserting:

“Special revenue funds:

Local funds - state share education funds.................................................................................... 2,135,700

Local funds - county chargeback................................................................................................. 9,921,000”

and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments offered by Reps. McBroom, Ouimet, Pettalia, Rendon and Rogers,

Rep. McBroom demanded the yeas and nays.

The demand was not supported.

The question being on the adoption of the amendments offered by Reps. McBroom, Ouimet, Pettalia, Rendon and Rogers,

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

Rep. Lindberg moved to amend the bill as follows:

1. Amend page 157, following line 1, by inserting:

“Sec. 901. As a condition for expending the funds authorized in part 1, the department shall continue to assign and utilize custody staff to patrol the perimeter of prison facilities using alert response vehicles at all facilities for which alert response vehicles were utilized during the fiscal year ending September 30, 2011.”.

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

Rep. Moss 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. 5365, entitled

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

Roll Call No. 198 Yeas—58

Agema Glardon Lund Potvin

Bolger Graves Lyons Price

Bumstead Haines MacGregor Pscholka

Callton Haveman MacMaster Rendon

Cotter Heise McMillin Rogers

Crawford Horn Moss Schmidt, W.

Daley Hughes Muxlow Shaughnessy

Damrow Huuki Nesbitt Shirkey

Denby Jacobsen O’Brien Somerville

Farrington Jenkins Olson Stamas

Forlini Johnson Opsommer Tyler

Foster Knollenberg Ouimet Walsh

Franz Kowall Pettalia Yonker

Genetski Kurtz Poleski Zorn

Gilbert Lori

Nays—52

Ananich Geiss Lane Santana

Barnett Goike LeBlanc Schmidt, R.

Bauer Greimel Lindberg Segal

Bledsoe Hammel Lipton Slavens

Brown Haugh Liss Smiley

Brunner Hobbs McBroom Stallworth

Byrum Hooker McCann Stanley

Cavanagh Hovey-Wright Meadows Stapleton

Clemente Howze Nathan Switalski

Constan Irwin Oakes Talabi

Darany Jackson Olumba Tlaib

Dillon Kandrevas Outman Townsend

Durhal LaFontaine Rutledge Womack

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

The 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.

______

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

______

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 that the following Senate bills had been received on Tuesday, April 24:

Senate Bill Nos. 951 957 963

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, April 25:

House Bill Nos. 5551 5552 5553 5554 5555 5556 5557 5558 5559 5560 5561 5562 5563 5564

5565 5566 5567 5568 5569 5570

Senate Bill Nos. 1086 1087 1088 1089 1090

The Clerk announced that the following Senate bills had been received on Wednesday, April 25:

Senate Bill Nos. 949 952 958 959 961 962

Reports of Standing Committees

The Committee on Agriculture, by Rep. Daley, Chair, reported

House Bill No. 5546, entitled

A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending the title and sections 2, 3, 4, 6, 7, 8, 9, 9a, 10, 12, 13, 14, 15, 16, 17, 18, 19, 19a, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 32 (MCL 431.302, 431.303, 431.304, 431.306, 431.307, 431.308, 431.309, 431.309a, 431.310, 431.312, 431.313, 431.314, 431.315, 431.316, 431.317, 431.318, 431.319, 431.319a, 431.320, 431.321, 431.322, 431.323, 431.324, 431.325, 431.326, 431.327, 431.328, 431.329, and 431.332), sections 2 and 4 as amended by 2006 PA 445, sections 7, 9, 10, and 12 as amended by 2000 PA 164, section 9a as added by 1997 PA 73, sections 14, 17, and 18 as amended and section 19a as added by 1998 PA 408, section 16 as amended by 2005 PA 7, and section 20 as amended by 2006 PA 185; and to repeal acts and parts of acts.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Outman, Rendon, Muxlow and Smiley

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 25, 2012

Present: Reps. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Outman, Rendon, Muxlow, Brunner, Oakes, Hovey-Wright, Segal and Smiley

Absent: Rep. Talabi

Excused: Rep. Talabi

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

Senate Bill No. 601, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending the title and sections 11 and 18 (MCL 432.11 and 432.18), the title as amended by 1996 PA 95 and sections 11 and 18 as amended by 2004 PA 383, and by adding section 45.

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. Crawford, Yonker, Opsommer, Daley, Shirkey, Franz, Rendon, Haugh, Byrum, Slavens, Womack and Rutledge

Nays: Rep. McBroom

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

Senate Bill No. 744, entitled

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

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. Crawford, Yonker, Opsommer, Daley, McMillin, Shirkey, Franz, McBroom, Rendon, Haugh, Byrum, Slavens, Womack and Rutledge

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Crawford, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, April 25, 2012

Present: Reps. Crawford, Yonker, Opsommer, Daley, McMillin, Shirkey, Franz, McBroom, Rendon, Haugh, Byrum, Slavens, Womack and Rutledge

Absent: Rep. Stamas

Excused: Rep. Stamas

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Knollenberg, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Wednesday, April 25, 2012

Present: Reps. Knollenberg, Lyons, Farrington, Foster, Huuki, Pettalia, Womack, Switalski, Clemente and Stanley

Absent: Rep. Olson

Excused: Rep. Olson

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, April 25, 2012

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

Absent: Rep. Meadows

Excused: Rep. Meadows

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 25, 2012

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

Messages from the Senate

Senate Bill No. 951, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

The Senate has passed the bill.

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

Senate Bill No. 949, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201, 201a, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, and 230 (MCL 388.1801, 388.1801a, 388.1802, 388.1803, 388.1804, 388.1805, 388.1806, 388.1807, 388.1808, 388.1809, 388.1810, 388.1812, 388.1813, 388.1817, 388.1818, 388.1819, 388.1820, 388.1821, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1827, 388.1828, 388.1829, and 388.1830), as added by 2011 PA 62, and by adding sections 202a and 229a; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 952, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

The Senate has passed the bill.

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

Senate Bill No. 957, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

The Senate has passed the bill.

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

Senate Bill No. 958, entitled

A bill to make appropriations for the department of licensing and regulatory affairs and certain other state purposes for the fiscal year ending September 30, 2013; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The Senate has passed the bill.

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

Senate Bill No. 959, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2013; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

The Senate has passed the bill.

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

Senate Bill No. 961, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11g, 11j, 11k, 11m, 12, 15, 18, 18c, 19, 20, 20d, 22a, 22b, 22d, 24, 24a, 24c, 25, 26a, 26b, 31a, 31d, 31f, 32d, 39, 39a, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 93, 94a, 98, 99, 101, 102, 104, 107, 147, 147a, 147b, and 152a (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1612, 388.1615, 388.1618, 388.1618c, 388.1619, 388.1620, 388.1620d, 388.1622a, 388.1622b, 388.1622d, 388.1624, 388.1624a, 388.1624c, 388.1625, 388.1626a, 388.1626b, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1639, 388.1639a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1693, 388.1694a, 388.1698, 388.1699, 388.1701, 388.1702, 388.1704, 388.1707, 388.1747, 388.1747a, 388.1747b, and 388.1752a), sections 3, 19, and 101 as amended by 2010 PA 110, section 4 as amended by 2008 PA 268, sections 6, 11, 11a, 11m, 22a, 22b, 24a, 24c, 26b, 51a, 51c, 74, and 104 as amended by 2012 PA 29, sections 11g, 11k, 15, 18, 20, 20d, 22d, 24, 31a, 32d, 39, 39a, 51d, 54, 56, 61a, 81, 93, 94a, 98, 99, 107, 147, and 152a as amended sections 12, 147a, and 147b as added by 2011 PA 62, sections 11j, 26a, 31d, 31f, 53a, and 62 as amended by 2011 PA 299, section 18c as added by 2000 PA 297, section 25 as amended by 2011 PA 322, and section 102 as amended by 2010 PA 204, and by adding sections 11s, 11t, 11u, 22g, 22i, 32p, 95, and 104c; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 962, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2013; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for certain emergency powers; to provide for the powers and duties of certain committees, certain state agencies, and certain employees; and to provide for the acquisition and disposition of certain real and personal property.

The Senate has passed the bill.

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

Senate Bill No. 963, entitled

A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

The Senate has passed the bill.

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

Introduction of Bills

Rep. Bumstead introduced

House Bill No. 5571, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78f and 78i (MCL 211.78f and 211.78i), section 78f as amended by 2003 PA 263 and section 78i as amended by 2006 PA 611, and by adding section 78p.

The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

Announcements by the Clerk

The Clerk received the following dissent from Reps. Meadows, Stallworth and Hammel:

Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal because I object to the act of gaveling on Immediate Effect to SB29, SB30, SB93, and SB428. I did not, have not, and do not support the gaveling on of immediate effect to SB29, SB30, SB93, and SB428. SB29, SB30, SB93, SB428.

______

Rep. Outman moved that the House adjourn.

The motion prevailed, the time being 5:35 p.m.

Associate Speaker Pro Tempore Opsommer declared the House adjourned until Thursday, April 26, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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