No. 28

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Wednesday, March 20, 2013.

1:30 p.m.

The House was called to order by the Speaker.

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

Abed—present Genetski—present Lauwers—present Roberts—present

Ananich—present Glardon—present LaVoy—present Robinson—present

Banks—present Goike—present Leonard—present Rogers—present

Barnett—present Graves—present Lipton—present Rutledge—present

Bolger—present Greimel—present Lori—present Santana—present

Brinks—present Haines—present Lund—present Schmidt—present

Brown—present Haugh—present Lyons—present Schor—present

Brunner—present Haveman—present MacGregor—present Segal—present

Bumstead—present Heise—present MacMaster—present Shirkey—present

Callton—present Hobbs—present McBroom—present Singh—present

Cavanagh—present Hooker—present McCann—present Slavens—present

Clemente—present Hovey-Wright—present McCready—present Smiley—present

Cochran—present Howrylak—present McMillin—present Somerville—present

Cotter—present Irwin—present Muxlow—present Stallworth—present

Crawford—present Jacobsen—present Nathan—present Stamas—present

Daley—present Jenkins—present Nesbitt—present Stanley—present

Darany—present Johnson—present O’Brien—present Switalski—present

Denby—present Kandrevas—present Oakes—present Talabi—present

Dianda—present Kelly—present Olumba—present Tlaib—present

Dillon—present Kesto—present Outman—present Townsend—present

Driskell—present Kivela—present Pagel—present VerHeulen—present

Durhal—present Knezek—present Pettalia—present Victory—present

Faris—present Kosowski—present Poleski—present Walsh—present

Farrington—present Kowall—present Potvin—present Yanez—present

Forlini—present Kurtz—present Price—present Yonker—present

Foster—present LaFontaine—present Pscholka—present Zemke—present

Franz—present Lamonte—present Rendon—present Zorn—present

Geiss—present Lane—present

e/d/s = entered during session

Fr. Matthew Zetouna, Father of Holy Martyrs Church in Sterling Heights, offered the following invocation:

“Almighty God, we praise and thank You for all the generous gifts You’ve blessed us with throughout our lives, and especially for powerfully revealing Your Son Jesus Christ to us.

Impart on us a portion of Your understanding and justice, so that we may better care for the poor and suffering within these United States.

Help us to know that a society’s greatness is seen in how it shows respect to those who are weak and most in need.

Shine Your Holy Face upon us and give us the grace to embrace those three profound gifts of life, liberty, and the pursuit of happiness.

We thank You for the gift of life, life You have bestowed on us so we might know You. Bless and care for the unprotected and those waiting to be born, that they be welcomed and cared for, as well as for our sick and elders, that they be treated with heartfelt compassion according to the dignity due them.

We thank You for the gift of liberty. Give us courageous witnesses to defend our basic freedoms. Renew a profound respect for religious freedom, an essential component in our founding. May our liberty be founded on truth and justice, and may we live this freedom in faith, hope, and love. Receive those, O Lord, who have given their lives in defense of freedom.

We thank You for the gift of our life and liberty so that we may pursue happiness. Grant us the happiness that necessarily comes from following Your laws. May these laws be executed justly by a government which serves its people, and not itself.

Generously impart Your guidance and wisdom upon our leaders: President Barack Obama, Vice President Joseph Biden, Governor Rick Snyder, Lieutenant Governor Brian Calley, and all those who seek to serve the common good.

We make supplication, Lord, for Your benediction upon all of us here. We beg You to remember, as we pledge to remember, those who are not free, those who suffer for freedom’s cause, those who are poor, out of work, and those who are persecuted for their religious convictions.

And with great gratitude of heart, Almighty God, we thank You for our beloved country. Continue to protect and make her prosperous. We proclaim to You that in God we trust, and so we place all our hope and trust in You, who live and reign, forever and ever. Amen.”

Motions and Resolutions

Reps. Segal, Brown, Darany, Durhal, Geiss, LaVoy, Slavens and Talabi offered the following resolution:

House Resolution No. 71.

A resolution to memorialize Congress to pass H.R. 1014 to amend the Balanced Budget and Emergency Deficit Control Act of 1985 to provide that military technicians (dual status) shall be included in military personnel accounts for purposes of any order issued under that act.

Whereas, A federal military technician (dual status) is a federal civilian employee who is assigned to a civilian position as a technician in the administration and training of a Selected Reserve or in the maintenance and repair of supplies or equipment issued to a Selected Reserve or the armed forces. The Selected Reserves include the Army, Navy, Air Force, Marine Corps, and Coast Guard Reserves, and the Army and Air National Guards. The primary mission of a military technician is to provide day-to-day continuity in the training of reserve units, particularly, Army and Air National Guard. More than 58,000 military technicians are currently employed helping to maintain our military readiness; and

Whereas, Military technicians are generally required to maintain membership in the National Guard or Reserve as a condition of their employment. They are required to attend weekend drills and annual training with their reserve unit and military technicians can be involuntarily ordered to active duty just as other members of the Guard or Reserve; and

Whereas, Under sequestration, uniformed military personnel are exempt from furlough days and pay cuts. However, military technicians in the National Guard and the Reserves were not exempted, placing the readiness of our military at home and abroad at risk; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to pass H.R. 1014 to amend the Balanced Budget and Emergency Deficit Control Act of 1985 to provide that military technicians (dual status) shall be included in military personnel accounts for purposes of any order issued under that act; and be it further

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

The resolution was referred to the Committee on Military and Veterans Affairs.

Reps. Howrylak, Barnett, Brown, Darany, Denby, Durhal, Geiss, Haines, Heise, Hooker, Kesto, LaVoy, O’Brien, Poleski, Potvin, Slavens and Talabi offered the following resolution:

House Resolution No. 72.

A resolution to declare March 17-23, 2013, as Poison Prevention Week in the state of Michigan.

Whereas, The ability to quickly and appropriately respond to emergencies resulting from poisoning and to prevent poisoning is of paramount concern to all citizens of the state of Michigan; and

Whereas, Congress designated the third full week in March to be National Poison Prevention Week in 1961 and since then this week has helped to raise national awareness of the dangers of potentially poisonous medicines, household chemicals, and other substances; and

Whereas, Each year, the nation’s poison centers answer more than 4 million calls; and

Whereas, Approximately 90 percent of poisonings occur in people’s homes; and

Whereas, Over 50 percent of poisoning exposures involve children under age 6; and

Whereas, National Poison Prevention Week has been established to encourage consumers to make their homes and offices safe, to adequately prepare for poison emergencies, and to acknowledge the importance of poison centers; and

Whereas, By calling your poison center you are accessing a dedicated staff of highly trained medical professionals who are certified specialists in poison information; and

Whereas, The Children’s Hospital of Michigan’s Poison Control Center is one of the largest and most comprehensive poison prevention and control centers in the country and assists in more than 100,000 poison cases in Michigan per year; and

Whereas, The Children’s Hospital of Michigan Poison Control Center is accredited by the American Association of Poison Control Centers and is 1 of only 52 such centers in the country; and

Whereas, The people of Michigan recognize the importance of coming together as a community to educate ourselves on poison prevention and pledge our commitment to ensuring the safety of ourselves, our families, and our community; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 17-23, 2013, as Poison Prevention Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Kowall, Barnett, Brown, Crawford, Darany, Denby, Durhal, Geiss, Haines, Heise, Howrylak, Kesto, Lamonte, LaVoy, O’Brien, Poleski, Potvin, Roberts, Singh, Slavens and Talabi offered the following resolution:

House Resolution No. 73.

A resolution to declare March 2013 as Women’s History Month in the state of Michigan.

Whereas, Michigan women of every race, class, and ethnic background have made historic contributions to the growth and strength of Michigan in countless recorded and unrecorded ways; and

Whereas, Michigan women have played and continue to play a critical economic, cultural, and social role in every sphere of the life of Michigan by constituting a significant portion of the labor force working inside and outside of the home; and

Whereas, Accomplished women in Michigan such as Cora Reynolds Anderson, Lorraine Beebe, Cora Mae Brown, Anna Clemenc, Mary Stallings Coleman, Betty Ford, Martha Griffiths, Marie-Therese Guyon-Cadillac, Erma Henderson, Mildred Jeffrey, Rosa Parks, Elly Peterson, Dorothy Comstock Riley, Anna Howard Shaw, Lucinda Stone, and Sojourner Truth deserve more recognition; and

Whereas, Michigan women have played a unique role throughout the history of Michigan by providing the majority of the volunteer labor force of Michigan; and

Whereas, Michigan women were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in Michigan; and

Whereas, Michigan women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; and

Whereas, Michigan women have been leaders not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, the peace movement, and other movements which created a more fair and just society for all; and

Whereas, The population of Michigan is fifty-one percent women, the percentage of women legislators in the Michigan House of Representatives is twenty-two percent, the percentage of women legislators in the Michigan Senate is eleven percent; and

Whereas, Despite these contributions, the role of Michigan women in history has been consistently overlooked and undervalued in the literature, teaching, and study of Michigan history; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2013 as Women’s History Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Price, Barnett, Brown, Darany, Denby, Durhal, Geiss, Haines, Heise, Hooker, Howrylak, Kesto, Kowall, Lamonte, LaVoy, MacMaster, O’Brien, Poleski, Potvin, Roberts, Singh and Slavens offered the following resolution:

House Resolution No. 74.

A resolution to declare April 2013 as Child Abuse Prevention Month in the state of Michigan.

Whereas, Since 1983, April has been designated National Child Abuse Prevention Month and has served to increase public awareness of the need to ensure the safety and welfare of children; and

Whereas, Crossing all racial, economic and geographic boundaries, and including physical, sexual, and emotional abuse and physical neglect, the repercussions are long-lasting, not only for the victims and their families, but also for communities and society as a whole; and

Whereas, Nationally, in 2011, an estimated 676,569 children were victims of maltreatment at an expense of at least $124 billion annually, costing the average American family $1,400 each year; and

Whereas, In Michigan during 2012, there were 91,159 confirmed investigations, an increase of 7,532 over the previous year, with a parent as the perpetrator in approximately 86 percent of the cases; and

Whereas, A focus on promoting the Protective Factors, including building parent resiliency, providing social supports, and educating about child development will help build and strengthen positive relationships between parents/caregivers and the children in their care; and

Whereas, The Power of One, an initiative led by the Michigan Children’s Trust Fund that asserts that one community, one person, one dollar, or one action can help protect Michigan’s children from abuse and neglect; and

Whereas, We recognize that no one person can do everything, but that everyone can do something, and together we can create change for the better; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2013 as Child Abuse Prevention Month in the state of Michigan; and be it further

Resolved, That the members of this legislative body encourage all Michiganders to work to build safe communities, promote strong families, and raise healthy children by supporting those who are striving to end the tragic abuse and neglect of children and allow them to realize their full potential.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Stamas and Hobbs offered the following resolution:

House Concurrent Resolution No. 5.

A concurrent resolution prescribing the legislative schedule.

Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Thursday, March 21, 2013, it stands adjourned until Tuesday, April 9, 2013, at 1:30 p.m.; and be it further

Resolved, That when the Senate adjourns on Thursday, March 21, 2013, it stands adjourned until Tuesday, April 9, 2013, at 10:00 a.m.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

House Bill No. 4093, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625, 625a, 625g, and 625m (MCL 257.625, 257.625a, 257.625g, and 257.625m), sections 625 and 625m as amended by 2008 PA 463 and sections 625a and 625g as amended by 2003 PA 61.

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

Roll Call No. 46 Yeas—110

Abed Genetski Lauwers Roberts

Ananich Glardon LaVoy Robinson

Banks Goike Leonard Rogers

Barnett Graves Lipton Rutledge

Bolger Greimel Lori Santana

Brinks Haines Lund Schmidt

Brown Haugh Lyons Schor

Brunner Haveman MacGregor Segal

Bumstead Heise MacMaster Shirkey

Callton Hobbs McBroom Singh

Cavanagh Hooker McCann Slavens

Clemente Hovey-Wright McCready Smiley

Cochran Howrylak McMillin Somerville

Cotter Irwin Muxlow Stallworth

Crawford Jacobsen Nathan Stamas

Daley Jenkins Nesbitt Stanley

Darany Johnson O’Brien Switalski

Denby Kandrevas Oakes Talabi

Dianda Kelly Olumba Tlaib

Dillon Kesto Outman Townsend

Driskell Kivela Pagel VerHeulen

Durhal Knezek Pettalia Victory

Faris Kosowski Poleski Walsh

Farrington Kowall Potvin Yanez

Forlini Kurtz Price Yonker

Foster LaFontaine Pscholka Zemke

Franz Lamonte Rendon Zorn

Geiss Lane

Nays—0

In The Chair: Walsh

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

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

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625, 625a, 625g, and 625m (MCL 257.625, 257.625a, 257.625g, and 257.625m), section 625 as amended by 2012 PA 543, sections 625a and 625g as amended by 2003 PA 61, and section 625m as amended by 2008 PA 463.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 4131, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 33 and 48 of chapter XVII (MCL 777.33 and 777.48), as amended by 2003 PA 134.

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

Roll Call No. 47 Yeas—110

Abed Genetski Lauwers Roberts

Ananich Glardon LaVoy Robinson

Banks Goike Leonard Rogers

Barnett Graves Lipton Rutledge

Bolger Greimel Lori Santana

Brinks Haines Lund Schmidt

Brown Haugh Lyons Schor

Brunner Haveman MacGregor Segal

Bumstead Heise MacMaster Shirkey

Callton Hobbs McBroom Singh

Cavanagh Hooker McCann Slavens

Clemente Hovey-Wright McCready Smiley

Cochran Howrylak McMillin Somerville

Cotter Irwin Muxlow Stallworth

Crawford Jacobsen Nathan Stamas

Daley Jenkins Nesbitt Stanley

Darany Johnson O’Brien Switalski

Denby Kandrevas Oakes Talabi

Dianda Kelly Olumba Tlaib

Dillon Kesto Outman Townsend

Driskell Kivela Pagel VerHeulen

Durhal Knezek Pettalia Victory

Faris Kosowski Poleski Walsh

Farrington Kowall Potvin Yanez

Forlini Kurtz Price Yonker

Foster LaFontaine Pscholka Zemke

Franz Lamonte Rendon Zorn

Geiss Lane

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

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

Senate Bill No. 65, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 703 (MCL 206.703), as amended by 2012 PA 217.

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

Roll Call No. 48 Yeas—107

Abed Genetski Lane Rendon

Ananich Glardon Lauwers Roberts

Banks Goike LaVoy Rogers

Barnett Graves Leonard Rutledge

Bolger Greimel Lipton Santana

Brinks Haines Lori Schmidt

Brown Haugh Lund Schor

Brunner Haveman Lyons Segal

Bumstead Heise MacGregor Shirkey

Callton Hobbs MacMaster Singh

Cavanagh Hooker McBroom Slavens

Clemente Hovey-Wright McCann Smiley

Cochran Howrylak McCready Somerville

Cotter Irwin McMillin Stallworth

Crawford Jacobsen Muxlow Stamas

Daley Jenkins Nathan Stanley

Darany Johnson Nesbitt Switalski

Denby Kandrevas O’Brien Talabi

Dianda Kelly Oakes Tlaib

Dillon Kesto Olumba Townsend

Driskell Kivela Outman VerHeulen

Durhal Knezek Pagel Victory

Faris Kosowski Pettalia Walsh

Farrington Kowall Poleski Yonker

Forlini Kurtz Potvin Zemke

Foster LaFontaine Price Zorn

Franz Lamonte Pscholka

Nays—3

Geiss Robinson Yanez

In The Chair: Cotter

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

“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

Senate Bill No. 19, entitled

A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 33 (MCL 445.1683), as amended by 2009 PA 76.

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

Roll Call No. 49 Yeas—109

Abed Genetski Lane Rendon

Ananich Glardon Lauwers Roberts

Banks Goike LaVoy Rogers

Barnett Graves Leonard Rutledge

Bolger Greimel Lipton Santana

Brinks Haines Lori Schmidt

Brown Haugh Lund Schor

Brunner Haveman Lyons Segal

Bumstead Heise MacGregor Shirkey

Callton Hobbs MacMaster Singh

Cavanagh Hooker McBroom Slavens

Clemente Hovey-Wright McCann Smiley

Cochran Howrylak McCready Somerville

Cotter Irwin McMillin Stallworth

Crawford Jacobsen Muxlow Stamas

Daley Jenkins Nathan Stanley

Darany Johnson Nesbitt Switalski

Denby Kandrevas O’Brien Talabi

Dianda Kelly Oakes Tlaib

Dillon Kesto Olumba Townsend

Driskell Kivela Outman VerHeulen

Durhal Knezek Pagel Victory

Faris Kosowski Pettalia Walsh

Farrington Kowall Poleski Yanez

Forlini Kurtz Potvin Yonker

Foster LaFontaine Price Zemke

Franz Lamonte Pscholka Zorn

Geiss

Nays—1

Robinson

In The Chair: Cotter

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

“An act to define and regulate mortgage brokers, mortgage lenders, and mortgage servicers; to prescribe the powers and duties of certain public officers and agencies; to provide for the promulgation of rules; and to provide remedies and penalties,”

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.

______

Associate Speaker Pro Tempore Cotter called Associate Speaker Pro Tempore O’Brien to the Chair.

Second Reading of Bills

House Bill No. 4369, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 3, 4, 5, 11a, 501, 502, 654, 921, 1147, 1212, 1228, 1229, and 1280c (MCL 380.3, 380.4, 380.5, 380.11a, 380.501, 380.502, 380.654, 380.921, 380.1147, 380.1212, 380.1228, 380.1229, and 380.1280c), section 3 as amended by 2007 PA 45, sections 4 and 5 as amended by 2011 PA 232, section 11a as amended by 2010 PA 91, sections 501 and 502 as amended by 2011 PA 277, section 1147 as amended by 2012 PA 198, section 1212 as amended by 2003 PA 299, section 1228 as added by 1995 PA 289, section 1229 as amended by 2011 PA 105, and section 1280c as amended by 2011 PA 8, and by adding section 1701b and part 7c.

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

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

Rep. Lamonte moved to amend the bill as follows:

1. Amend page 26, line 8, after “388.1086.” by inserting “THE ACHIEVEMENT AUTHORITY ALSO SHALL COMPLY, AND SHALL ENSURE THAT AN ACHIEVEMENT SCHOOL COMPLIES, AS IF THE ACHIEVEMENT AUTHORITY WERE A SCHOOL DISTRICT AND THE ACHIEVEMENT SCHOOL WERE A SCHOOL OPERATED BY A SCHOOL DISTRICT, WITH ALL REQUIREMENTS UNDER LAW FOR THE ADMINISTRATION AND REPORTING OF STATE OR OTHER ASSESSMENTS FOR PUPILS.”.

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

Rep. Lamonte demanded the yeas and nays.

The demand was not supported.

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

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

Rep. Lamonte moved to amend the bill as follows:

1. Amend page 27, line 15, after “CHANCELLOR” by striking out “MAY” and inserting “SHALL”.

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

Rep. Lamonte moved to amend the bill as follows:

1. Amend page 30, following line 19, by inserting:

“(7) THE BUSINESS THAT THE GOVERNING BODY IS AUTHORIZED TO PERFORM SHALL BE CONDUCTED AT A PUBLIC MEETING OF THE GOVERNING BODY HELD IN COMPLIANCE WITH THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275. AN ACT OF THE GOVERNING BODY IS NOT VALID UNLESS THE ACT IS AUTHORIZED AT A MEETING BY A MAJORITY VOTE OF THE MEMBERS ELECTED OR APPOINTED TO AND SERVING ON THE BOARD AND A PROPER RECORD IS MADE OF THE VOTE.

(8) AT LEAST ONCE EACH MONTH, THE GOVERNING BODY SHALL HOLD A PUBLIC MEETING AT EACH PUBLIC SCHOOL OPERATED BY THE ACHIEVEMENT AUTHORITY. THE PUBLIC MEETING SHALL BE HELD AT THE PUBLIC SCHOOL OR, IF APPROPRIATE FACILITIES ARE NOT AVAILABLE AT THE PUBLIC SCHOOL, AT ANOTHER LOCATION THAT IS CONVENIENT FOR PARENTS, TEACHERS, AND PUPILS AND IS IN CLOSE PROXIMITY TO THE PUBLIC SCHOOL. THE TIME OF THE PUBLIC MEETING SHALL BE CONVENIENT FOR PARENTS, TEACHERS, AND PUPILS. THE GOVERNING BODY SHALL GIVE PUBLIC NOTICE OF THE TIME, DATE, AND PLACE OF EACH PUBLIC MEETING IN THE MANNER REQUIRED BY THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.”.

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

Rep. Abed moved to amend the bill as follows:

1. Amend page 29, line 16, after “YEARS” by striking out the balance of the line and inserting a comma.

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

Rep. Abed moved to amend the bill as follows:

1. Amend page 11, line 1, by striking out all of sections 501 and 502.

2. Amend page 26, line 13, after “ACADEMY” by striking out the balance of the subsection and inserting a period.

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

Rep. Abed demanded the yeas and nays.

The demand was not supported.

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

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

Rep. Brinks moved to amend the bill as follows:

1. Amend page 20, line 8, after ““GOVERNING BODY”” by striking out the balance of the subdivision and inserting “MEANS THE STATE BOARD.”.

2. Amend page 29, line 2, after “GOVERNED BY” by striking out the balance of the line through “APPOINTMENT.” on line 23 and inserting “THE STATE BOARD.” and renumbering the remaining subsections.

3. Amend page 29, line 27, after “THE” by striking out “AUTHORITY BOARD APPOINTED UNDER SUBSECTION (1)” and inserting “STATE BOARD”.

4. Amend page 30, line 5, by striking out all of line 5 through the balance of the section.

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

Rep. Brinks demanded the yeas and nays.

The demand was not supported.

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

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

Rep. Brinks moved to amend the bill as follows:

1. Amend page 54, line 24, after “REDESIGN OFFICER” by striking out “AND THE CHANCELLOR BOTH DETERMINE” and inserting a comma and “WITH OVERSIGHT FROM THE STATE BOARD, DETERMINES”.

2. Amend page 55, line 2, after “REDESIGN OFFICER” by inserting a comma and “WITH OVERSIGHT FROM THE STATE BOARD,”.

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

Rep. Brinks moved to amend the bill as follows:

1. Amend page 26, line 7, after “1587” by striking out the comma and “AND” and inserting a semicolon.

2. Amend page 26, line 8, after “388.1086” by inserting a semicolon and “AND WITH THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246”.

3. Amend page 26, line 11, after “1274A.” by inserting “THE ACHIEVEMENT AUTHORITY ALSO SHALL ENSURE THAT, IF IT ENTERS INTO A MANAGEMENT AGREEMENT WITH AN EDUCATIONAL MANAGEMENT ORGANIZATION, AS DEFINED IN SECTION 503C, THE MANAGEMENT AGREEMENT REQUIRES THE ACHIEVEMENT AUTHORITY TO COMPLY WITH THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246, TO THE SAME EXTENT AS IF THE EDUCATIONAL MANAGEMENT ORGANIZATION WERE A SCHOOL DISTRICT.”.

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

Rep. Lipton moved to amend the bill as follows:

1. Amend page 28, line 19, by striking out all of subsection (21).

2. Amend page 58, line 20, by striking out all of subsection (23) and renumbering the remaining subsections.

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

Rep. Lipton moved to amend the bill as follows:

1. Amend page 60, following line 4, by inserting:

“Enacting section 1. Part 7c of the revised school code, 1976 PA 451, MCL 380.771 to 380.774, is repealed effective July 1, 2019.”.

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

Rep. Knezek moved to amend the bill as follows:

1. Amend page 22, line 8, after “1979” by striking out the balance of the subdivision and inserting a period.

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

Rep. Knezek moved to amend the bill as follows:

1. Amend page 40, line 3, after “YEAR.” by inserting “FOR EACH PUBLIC SCHOOL ON THE LIST UNDER THIS SUBSECTION, THE DEPARTMENT SHALL CONDUCT A COMPLETE EDUCATIONAL AND ORGANIZATIONAL AUDIT OF BOTH THAT PUBLIC SCHOOL AND THE ENTIRE SCHOOL DISTRICT IN WHICH THAT PUBLIC SCHOOL IS LOCATED WITHIN 90 DAYS AFTER THE LIST IS RELEASED. THIS AUDIT SHALL INCLUDE, BUT IS NOT LIMITED TO, AN ASSESSMENT OF THE CURRICULUM TO ASSESS WHETHER IT IS APPROPRIATE FOR ACHIEVING NECESSARY IMPROVEMENTS IN PUPIL PERFORMANCE; AN EXAMINATION OF THE ORGANIZATIONAL STRUCTURE OF THE PUBLIC SCHOOL AND SCHOOL DISTRICT FOR THE NUMBER AND FUNCTION OF ADMINISTRATIVE AND CONSULTANT PERSONNEL; THE ABILITY OF THE SCHOOL DISTRICT TO PROVIDE NEEDED SUPPORT TO THE PUBLIC SCHOOL AND CLASSROOMS; AND AN ASSESSMENT OF STAFFING AND LABOR RELATIONS AT THE INSTRUCTIONAL AND SUPPORT STAFF LEVEL. THE PUBLIC SCHOOL OR SCHOOL DISTRICT MAY APPEAL THE RESULTS OF THE AUDIT TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION. IF THERE IS NO APPEAL OR IF THE APPEAL IS DENIED, THE PUBLIC SCHOOL AND SCHOOL DISTRICT SHALL IMPLEMENT ALL REFORM MEASURES RECOMMENDED IN THE AUDIT FINDINGS. IF THE PUBLIC SCHOOL OR SCHOOL DISTRICT DOES NOT IMPLEMENT THESE MEASURES, THE DEPARTMENT MAY ORDER THE IMPLEMENTATION OF THESE MEASURES.”.

2. Amend page 55, following line 18, by inserting:

“(17) IF THE AUDIT REQUIRED UNDER SUBSECTION (1) IDENTIFIES SPECIFIC PROVISIONS OF A COLLECTIVE BARGAINING AGREEMENT THAT ARE CAUSING OR CONTRIBUTING TO THE UNDERPERFORMANCE OF A PUBLIC SCHOOL, THE REPRESENTATIVES OF THE ACHIEVEMENT AUTHORITY, THE LOCAL SCHOOL BOARD, AND THE APPROPRIATE COLLECTIVE BARGAINING UNIT HAVE 150 CALENDAR DAYS IN WHICH TO NEGOTIATE CHANGES TO THE SPECIFIC PROVISIONS. IF NO AGREEMENT IS REACHED, THE ACHIEVEMENT AUTHORITY MAY UNILATERALLY IMPLEMENT CHANGES TO THESE SPECIFIC PROVISIONS TO THE EXTENT NECESSARY TO FACILITATE IMPROVEMENT IN PUPIL PERFORMANCE.” and renumbering the remaining subsections.

3. Amend page 56, following line 22, by inserting:

“(19) IF A PUBLIC SCHOOL HAS BEEN PLACED IN THE STATE REFORM DISTRICT AND UNDER THE CONTROL OF THE ACHIEVEMENT AUTHORITY UNDER SUBSECTIONS (7) TO (9), OR IS UNDER THE CONTROL OF A CHIEF EXECUTIVE OFFICER UNDER SUBSECTION (10), AND THE DEPARTMENT DETERMINES THAT THE PUPIL PERFORMANCE IN THE PUBLIC SCHOOL HAS IMPROVED TO THE EXTENT THAT THE OVERALL STRUCTURE AND FUNCTION OF THE SCHOOL DISTRICT AT ALL LEVELS HAS BEEN BROUGHT INTO THE NORMAL RANGE, AS IDENTIFIED IN THE AUDIT UNDER SUBSECTION (1), OR THAT THE PROBLEMS OF THE SCHOOL DISTRICT THAT WERE IDENTIFIED IN THE AUDIT UNDER SUBSECTION (1) AS THE CAUSES OF THE PUBLIC SCHOOL’S UNDERPERFORMANCE HAVE BEEN RESOLVED, THE PUBLIC SCHOOL SHALL NO LONGER BE WITHIN THE STATE REFORM DISTRICT OR SUBJECT TO THE CONTROL OF THE STATE SCHOOL REDESIGN OFFICER OR THE CHANCELLOR.” and renumbering the remaining subsections.

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

Rep. Knezek moved to amend the bill as follows:

1. Amend page 44, line 16, after “SUBSECTION” by striking out “(16)” and inserting “(17)”.

2. Amend page 45, line 14, after “SUBSECTION” by striking out “(15)” and inserting “(16)”.

3. Amend page 47, line 16, after “AND” by striking out “(15)” and inserting “(16)”.

4. Amend page 48, line 1, after “terminate” by striking out “OR MODIFY”.

5. Amend page 48, line 6, after “bonds” by striking out the period and inserting “and does not allow a collective bargaining agreement to be affected except as provided under subsection ~~(8).~~(11).”.

6. Amend page 48, line 23, after “and” by striking out “MAY”.

7. Amend page 48, line 27, after “SUBSECTION” by striking out “(15)” and inserting “(16)”.

8. Amend page 50, line 1, after “for” by striking out “BOTH” and inserting “any”.

9. Amend page 50, line 1, after “following” by striking out the colon and inserting “that are necessary for the applicable school intervention model to be implemented at each affected public school:”.

10. Amend page 50, line 6, after “school.” by inserting “This subdivision does not allow unilateral changes in pay scales or benefits.”.

11. Amend page 50, line 10, after “school.” by inserting “This subdivision does not allow unilateral changes in pay scales or benefits.”.

12. Amend page 52, line 11, by inserting:

“(15) ~~(11)~~ If the ~~state school reform/redesign officer~~ CHANCELLOR imposes the turnaround model for a public school in the state ~~school reform/redesign school~~ REFORM district, or a chief executive officer under subsection ~~(7)~~ (10) imposes the turnaround model for multiple public schools under that subsection, all of the following apply:

(a) A collective bargaining agreement that applies to employees working at the public school or schools under this model at the time of imposition of the model, and any successor collective bargaining agreement, continues to apply with respect to pay scales and benefits.

(b) Subject to any addendum to the collective bargaining agreement that applies to the public school or schools, an employee who is working at the public school or schools and who was previously employed in the same school district that previously operated that school shall continue to retain and accrue seniority rights in that school district according to the collective bargaining agreement that applies to employees of that school district.” and renumbering the remaining subsections.

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

Rep. Knezek moved to amend the bill as follows:

1. Amend page 53, line 13, after “SUBSECTION,” by striking out the balance of the line through “THE” on line 14 and inserting “THE”.

2. Amend page 53, line 18, by striking out all of subdivisions (B) and (C).

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

Rep. Nesbitt moved to amend the bill as follows:

1. Amend page 27, line 2, after “EXCEED” by striking out “50 AT ANY 1 TIME” and inserting “15 THROUGH JUNE 30, 2013, 27 THROUGH JUNE 30, 2014, 39 THROUGH JUNE 30, 2015, OR 50 AT ANY 1 TIME THEREAFTER”.

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

Rep. Lyons moved to amend the bill as follows:

1. Amend page 59, line 8, after “EDUCATION” by inserting “PROGRAMS AND”.

2. Amend page 59, line 10, after “THOSE” by inserting “PROGRAMS AND”.

3. Amend page 59, line 23, after “THE” by inserting “PROGRAMS AND”.

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

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

The motion prevailed.

House Bill No. 4166, entitled

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

The bill was read a second time.

Rep. Crawford moved to amend the bill as follows:

1. Amend page 3, following line 4, by inserting:

“Enacting section 1. This amendatory act takes effect upon the expiration of 90 days after the date it is enacted into law.” and renumbering the remaining enacting section.

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

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

The motion prevailed.

______

Associate Speaker Pro Tempore O’Brien called Associate Speaker Pro Tempore Cotter to the Chair.

House Bill No. 4167, entitled

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

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

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

Rep. Crawford moved to amend the bill as follows:

1. Amend page 25, line 15, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This act takes effect upon the expiration of 90 days after the date it is enacted into law.”.

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

Rep. McBroom moved to amend the bill as follows:

1. Amend page 5, line 15, after “fees,” by inserting “registration fees,”.

2. Amend page 15, line 19, after “age” by inserting “and is registered with the department under section 20”.

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

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

The motion prevailed.

House Bill No. 4177, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 316 (MCL 750.316), as amended by 2006 PA 415.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4264, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 174a (MCL 750.174a), as amended by 2012 PA 172.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4376, entitled

A bill to amend 1943 PA 148, entitled “Proprietary schools act,” by amending section 2a (MCL 395.102a), as amended by 2009 PA 212; and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4378, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 411 and 601 (MCL 339.411 and 339.601), section 411 as amended by 2008 PA 309 and section 601 as amended by 2008 PA 319; and to repeal acts and parts of acts.

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

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

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

The motion prevailed.

House Bill No. 4379, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 50703, 50706, 51101, and 51103 (MCL 324.50703, 324.50706, 324.51101, and 324.51103), sections 50703 and 50706 as added by 1995 PA 57 and sections 51101 and 51103 as amended by 2006 PA 383.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4380, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as added by 2006 PA 378.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4381, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 303a and 411 (MCL 339.303a and 339.411), section 303a as amended by 2006 PA 489 and section 411 as amended by 2008 PA 309; and to repeal acts and parts of acts.

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

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

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

The motion prevailed.

House Bill No. 4377, entitled

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4392, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 411 (MCL 339.411), as amended by 2008 PA 309; and to repeal acts and parts of acts.

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

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

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

The motion prevailed.

House Bill No. 4274, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 402d.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4275, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2212c.

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

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

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

The motion prevailed.

______

The Speaker Pro Tempore resumed the Chair.

House Bill No. 4277, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2010 PA 279.

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

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

Rep. Schor moved to amend the bill as follows:

1. Amend page 7, line 22, after “(6)” by inserting “UPON RECEIPT OF A COMPLETED APPLICATION AND A COMPLETED CONDITIONAL LICENSE REQUEST FORM AND DOCUMENTATION AS PROVIDED UNDER SUBSECTION (5), THE COMMISSION SHALL IMMEDIATELY NOTIFY THE LOCAL LEGISLATIVE BODY OF THE LOCAL UNIT OF GOVERNMENT IN WHICH THE APPLICANT PROPOSES TO OPERATE AND PROVIDE THE LOCAL LEGISLATIVE BODY WITH AN OPPORTUNITY TO FILE AN OBJECTION WITH THE COMMISSION TO THE ISSUANCE OF A CONDITIONAL LICENSE UNDER THIS SECTION.”.

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

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

The motion prevailed.

Senate Bill No. 233, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects and for certain state departments and agencies for the fiscal year ending September 30, 2013; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

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

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 12, following line 6, by inserting:

“Sec. 203. For the state fiscal year ending September 30, 2013, $10,000,000.00 is appropriated from the state general fund for deposit into the state school aid fund.”.

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

Rep. Singh moved to amend the bill as follows:

1. Amend page 11, by striking out all of line 15 and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 13, line 3, by striking out all of section 401.

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

Rep. Schor moved to amend the bill as follows:

1. Amend page 11, following line 16, by inserting:

“Sec. 106. DEPARTMENT OF TREASURY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 10,000,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers................................................... 0

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 10,000,000

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

Total private revenues................................................................................................................... 0

Total other state restricted revenues............................................................................................. 10,000,000

State general fund/general purpose.............................................................................................. $ 0

(2) REVENUE SHARING

Economic vitality incentive program........................................................................................... $ 10,000,000

GROSS APPROPRIATION.......................................................................................................... $ 10,000,000

Appropriated from:

Special revenue funds:

Sales tax....................................................................................................................................... 10,000,000

State general fund/general purpose.............................................................................................. $ 0”

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. Kandrevas moved to amend the bill as follows:

1. Amend page 13, following line 1, by inserting:

“LEGISLATURE

Sec. 351. The funds appropriated in part 1 for the legislative council shall be used for a contract with the council of state governments to continue its review of Michigan’s sentencing guidelines and practices, including, but not limited to, studying length of prison stay and parole board discretion.”.

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

Rep. LaFontaine moved to amend the bill as follows:

1. Amend page 11, following line 16, by inserting:

“Sec. 106. DEPARTMENT OF TREASURY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 0

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers................................................... 0

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 0

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

Total private revenues................................................................................................................... 0

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 0

(2) GRANTS

Marina dredging loan origination program.................................................................................. $ 1,000,000

Qualified agricultural loan origination program........................................................................... $ (1,000,000)

GROSS APPROPRIATION.......................................................................................................... $ 0

Appropriated from:

State general fund/general purpose.............................................................................................. $ 0”

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

2. Amend page 18, following line 3, by inserting:

“DEPARTMENT OF TREASURY

Sec. 501. The funds appropriated in part 1 for the marina dredging loan origination program are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to provide financial assistance to eligible marinas and to alleviate financial distress caused by low water levels impacting watercraft use and related economic impacts through the program.

(b) The work project will be accomplished through the use of payments to qualified financial institutions for marina dredging loan origination fees for administrative costs incurred by qualified financial institutions.

(d) The tentative completion date is March 1, 2014.”.

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

Rep. Jenkins moved to amend the bill as follows:

1. Amend page 11, following line 16, by inserting:

“Sec. 106. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

(1) APPROPRIATION SUMMARY

Full-time equated classified positions................................................................................11.0

GROSS APPROPRIATION.......................................................................................................... $ 2,997,500

Total interdepartmental grants and intradepartmental transfers................................................... 0

ADJUSTED GROSS APPROPRIATION..................................................................................... 2,997,500

Total federal revenues................................................................................................................... 0

Total local revenues...................................................................................................................... 0

Total private revenues................................................................................................................... 0

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 2,997,500

(2)VETERANS OUTREACH

Full-time equated classified positions................................................................................11.0

Veterans outreach......................................................................................................................... 2,997,500

GROSS APPROPRIATION.......................................................................................................... $ 2,997,500

Appropriated from:

State general fund/general purpose.............................................................................................. $ 2,997,500

Schedule of programs:

Veterans service delivery initiative............................................................................................... 2,997,500”

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

2. Amend page 18, following line 3, by inserting:

“DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

Sec. 401. The Michigan veterans affairs agency shall submit a strategic plan to the senate and house standing committees on appropriations, the senate and house fiscal agencies, and the state budget office by October 1, 2013 that includes the following:

(a) A plan to serve as the coordinating office for all executive branch departments responsible for programs that provide services to veterans.

(b) A plan to identify opportunities to improve the provision of services to veterans by state agencies and to improve the oversight of grants to veterans service organizations.

(c) A plan to re-engineer the current veterans’ service delivery system in a manner that ensures the efficient and effective utilization and allocation of resources, programs, and services among state agencies, local government agencies, veterans service organizations, and non-profit organizations.

(d) Quantifiable performance measures and outcomes of veterans service programs, with a goal of increasing veterans’ and the public’s awareness of services available to veterans and their families and increasing the number of verified fully-developed claims for veterans benefits submitted to the United States department of veterans affairs. Identified measures should include outcomes for programs affecting veterans education, health, economic, and quality of life well-being. These goals shall include, among other things, a goal of 100% of benefit claims presented to the United States department of veterans affairs shall be fully-developed.

(e) Immediate, short-term, and long-term initiatives that assist the agency in achieving the performance measures and outcomes identified in subsection (d).

Sec. 402. The Michigan veterans affairs agency shall submit a report to the senate and house standing committees on appropriations, the senate and house fiscal agencies, and the state budget office by October 1, 2013 that includes the following:

(a) A description of the current programs, activities, roles and responsibilities of, and interrelationships among, state agencies, local government agencies, veterans service organizations and other non-profit organizations to provide services and outreach to veterans, including providing assistance with the preparation and presentation of claims for benefits to the United States department of veterans affairs.

(b) A description of the activities, roles and responsibilities of, and interrelationships among, state agencies, local government agencies, veterans service organizations and other non-profit organizations undertaken under the re-engineered veterans service delivery system identified in the strategic plan developed pursuant to section 401.

Sec. 403. The Michigan veterans affairs agency shall submit quarterly reports as provided in section 219 of article XII of 2012 PA 200 providing a summary of the agency’s activities, including data on the number of claims presented to the United States department of veterans affairs by the agency and the number of claims that are fully-developed.”.

The motion prevailed and the amendments were 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.

Senate Bill No. 252, entitled

A bill to establish a marina dredging loan origination program; to authorize certain loan guarantees; to prescribe the powers and duties of certain state agencies and officials; and to provide for an appropriation.

The bill was read a second time.

Rep. LaFontaine moved to amend the bill as follows:

1. Amend page 5, line 12, after “(1)” by striking out the balance of the subsection and inserting “An amount sufficient to pay loan origination fees under this act, not to exceed $1,000,000.00, shall be expended if it is appropriated to the department of treasury.”.

The motion prevailed and the amendment 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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Stamas moved that Senate Bill No. 233 be placed on its immediate passage.

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

Senate Bill No. 233, 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. 50 Yeas—107

Abed Geiss Lane Roberts

Ananich Genetski Lauwers Rogers

Banks Glardon LaVoy Rutledge

Barnett Goike Leonard Santana

Bolger Graves Lipton Schmidt

Brinks Greimel Lori Schor

Brown Haines Lund Segal

Brunner Haugh Lyons Shirkey

Bumstead Haveman MacGregor Singh

Callton Heise MacMaster Slavens

Cavanagh Hobbs McBroom Smiley

Clemente Hooker McCann Somerville

Cochran Hovey-Wright McCready Stallworth

Cotter Howrylak Muxlow Stamas

Crawford Jacobsen Nathan Stanley

Daley Jenkins Nesbitt Switalski

Darany Johnson O’Brien Talabi

Denby Kandrevas Oakes Tlaib

Dianda Kelly Olumba Townsend

Dillon Kesto Outman VerHeulen

Driskell Kivela Pagel Victory

Durhal Knezek Pettalia Walsh

Faris Kosowski Poleski Yanez

Farrington Kowall Potvin Yonker

Forlini Kurtz Price Zemke

Foster LaFontaine Pscholka Zorn

Franz Lamonte Rendon

Nays—3

Irwin McMillin Robinson

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, and adjust appropriations for certain capital outlay projects, the legislature, and certain state departments and agencies for the fiscal year ending September 30, 2013; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Stamas moved that Senate Bill No. 252 be placed on its immediate passage.

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

Senate Bill No. 252, 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. 51 Yeas—106

Abed Geiss Lane Rendon

Ananich Genetski Lauwers Roberts

Banks Glardon LaVoy Rogers

Barnett Goike Leonard Rutledge

Bolger Graves Lipton Santana

Brinks Greimel Lori Schmidt

Brown Haines Lund Schor

Brunner Haugh Lyons Segal

Bumstead Haveman MacGregor Shirkey

Callton Heise MacMaster Singh

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Cochran Hovey-Wright McCready Somerville

Cotter Howrylak Muxlow Stallworth

Crawford Jacobsen Nathan Stamas

Daley Jenkins Nesbitt Stanley

Darany Johnson O’Brien Switalski

Denby Kandrevas Oakes Talabi

Dianda Kelly Olumba Townsend

Dillon Kesto Outman VerHeulen

Driskell Kivela Pagel Victory

Durhal Knezek Pettalia Walsh

Faris Kosowski Poleski Yanez

Farrington Kowall Potvin Yonker

Forlini Kurtz Price Zemke

Foster LaFontaine Pscholka Zorn

Franz Lamonte

Nays—4

Irwin McMillin Robinson Tlaib

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

Rep. 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:

I am opposed to Senate Bill 252 because it should not be the responsibility of the state to provide loans for dredging private facilities. It should be the market that decides the viability of such projects. In addition, the bill opens the program to marinas that exclude the general public.”

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, March 19, for his approval of the following bill:

Enrolled House Bill No. 4337 at 3:19 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, March 20:

House Bill Nos. 4467 4468 4469 4470 4471 4472 4473 4474 4475 4476 4477 4478 4479

Senate Bill Nos. 279 280 281

The Clerk announced that the following Senate bills had been received on Wednesday, March 20:

Senate Bill Nos. 31 32 178 179 219 236 256

Reports of Standing Committees

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

House Bill No. 4126, entitled

A bill to amend 1994 PA 351, entitled “Equine activity liability act,” by amending section 5 (MCL 691.1665).

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. Daley, Denby, Kurtz, Glardon, Johnson, McBroom, Outman, Rendon, Victory, Lauwers and Pagel

Nays: Reps. Brunner, Smiley, Hovey-Wright, Ananich and Geiss

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 20, 2013

Present: Reps. Daley, Denby, Kurtz, Glardon, Johnson, McBroom, Outman, Rendon, Victory, Lauwers, Pagel, Brunner, Smiley, Hovey-Wright, Ananich, LaVoy and Geiss

The Committee on Commerce, by Rep. Foster, Chair, reported

Senate Bill No. 123, entitled

A bill to amend 1999 PA 203, entitled “The convention facility authority act,” by amending sections 3, 5, and 8 (MCL 141.1403, 141.1405, and 141.1408).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Zorn, Haines, Schmidt, Farrington, Glardon, Johnson, Nesbitt, Outman, Kelly, Leonard, Switalski, Barnett, Townsend, Santana, Oakes, Driskell and Yanez

Nays: Rep. Somerville

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 20, 2013

Present: Reps. Foster, Zorn, Haines, Schmidt, Farrington, Glardon, Johnson, Nesbitt, Somerville, Outman, Kelly, Leonard, Switalski, Barnett, Townsend, Santana, Oakes, Driskell and Yanez

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 19, 2013

Present: Reps. McMillin, Kelly, O’Brien, Leonard, Townsend and Robinson

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 20, 2013

Present: Reps. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, Haugh, LaVoy and Townsend

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Wednesday, March 20, 2013

Present: Reps. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Kesto, Oakes, Robinson, Kivela and Banks

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 20, 2013

Present: Reps. Lyons, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price, Yonker, Lipton, Knezek, Brinks, Stallworth, Lamonte and Abed

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 20, 2013

Present: Reps. Callton, Somerville, Farrington, Pettalia, Kelly, Johnson, Nathan, Stanley, Lane, Lamonte and Oakes

Absent: Rep. Lyons

Excused: Rep. Lyons

Messages from the Senate

Senate Bill No. 31, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2210a.

The Senate has passed the bill.

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

Senate Bill No. 32, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8206) by adding section 7114.

The Senate has passed the bill.

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

Senate Bill No. 178, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2212c.

The Senate has passed the bill.

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

Senate Bill No. 179, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 402d.

The Senate has passed the bill.

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

Senate Bill No. 219, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2011 PA 158.

The Senate has passed the bill.

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

Senate Bill No. 236, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2534 (MCL 600.2534), as amended by 2006 PA 506.

The Senate has passed the bill.

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

Senate Bill No. 256, entitled

A bill to amend 2008 PA 398, entitled “Michigan supply chain management development commission act,” by amending the title and sections 1, 2, 3, and 4 (MCL 125.1891, 125.1892, 125.1893, and 125.1894).

The Senate has passed the bill.

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

Messages from the Governor

Date: March 20, 2013

Time: 3:09 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4337 (Public Act No. 7, I.E.), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” (MCL 257.1 to 257.923) by adding section 811w.

(Filed with the Secretary of State March 20, 2013, at 3:38 p.m.)

Introduction of Bills

Rep. Leonard introduced

House Bill No. 4480, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 9, 88c, and 88i (MCL 125.2009, 125.2088c, and 125.2088i), sections 9 and 88c as amended by 2012 PA 145 and section 88i as added by 2005 PA 225.

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

Reps. Santana and Schmidt introduced

House Bill No. 4481, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 88k and 88n (MCL 125.2088k and 125.2088n), section 88k as amended by 2012 PA 145 and section 88n as added by 2005 PA 215.

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

Rep. Foster introduced

House Bill No. 4482, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 7 (MCL 125.2007), as amended by 2005 PA 225.

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

Reps. Knezek, Zemke, Slavens, LaVoy, Geiss, Singh, McCann, Cavanagh and Driskell introduced

House Bill No. 4483, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2003 PA 299.

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

Reps. Pettalia and Rendon introduced

House Bill No. 4484, entitled

A bill to amend 1985 PA 148, entitled “Self-service storage facility act,” by amending sections 3 and 5 (MCL 570.523 and 570.525), as amended by 2009 PA 177.

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

Reps. Rendon and Pettalia introduced

House Bill No. 4485, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1202 (MCL 500.1202), as amended by 2012 PA 552.

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

Rep. Walsh introduced

House Bill No. 4486, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100b, 276, 277, 281, and 286 (MCL 330.1100b, 330.1276, 330.1277, 330.1281, and 330.1286), section 100b as amended and sections 276, 277, 281, and 286 as added by 2012 PA 500, and by adding section 276a.

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

Announcements by the Clerk

March 19, 2013

Received from the Auditor General a copy of the following audit report and/or report summary:

Financial audit of the Michigan Strategic Fund, a discretely presented component unit of the State of Michigan, for the fiscal year ended September 30, 2012.

Gary L. Randall

Clerk of the House

The Clerk received the following dissent on House Bill No. 4093, from Rep. Irwin:

I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.

The Clerk received the following dissent on House Bill No. 4131, from Rep. Irwin:

The Clerk received the following dissent on Senate Bill No. 65, from Rep. Irwin:

The Clerk received the following dissent on Senate Bill No. 19, from Rep. Irwin:

The Clerk received the following dissent on Senate Bill No. 233, from Rep. Irwin:

The Clerk received the following dissent on Senate Bill No. 252, from Rep. Irwin:

______

Rep. Pscholka moved that the House adjourn.

The motion prevailed, the time being 4:35 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, March 21, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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