No. 25

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Wednesday, March 5, 2014.

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 Glardon—present LaVoy—present Roberts—present

Banks—present Goike—present Leonard—present Robinson—present

Barnett—present Graves—present Lipton—present Rogers—present

Bolger—present Greimel—present Lori—present Rutledge—present

Brinks—present Haines—present Lund—present Santana—present

Brown—present Haugh—present Lyons—present Schmidt—present

Brunner—present Haveman—present MacGregor—present Schor—present

Bumstead—present Heise—present MacMaster—present Segal—present

Callton—present Hobbs—present McBroom—present Shirkey—present

Cavanagh—present Hooker—present McCann—present Singh—present

Clemente—present Hovey-Wright—present McCready—present Slavens—present

Cochran—present Howrylak—present McMillin—present Smiley—present

Cotter—present Irwin—present Muxlow—present Somerville—present

Crawford—present Jacobsen—present Nathan—present Stallworth—present

Daley—present Jenkins—present Nesbitt—present Stamas—present

Darany—present Johnson—present O’Brien—present Stanley—present

Denby—present Kandrevas—present Oakes—present Switalski—present

Dianda—present Kelly—present Olumba—present Talabi—present

Dillon—present Kesto—present Outman—present Tlaib—present

Driskell—present Kivela—present Pagel—present Townsend—present

Durhal—present Knezek—present Pettalia—present VerHeulen—present

Faris—present Kosowski—present Phelps—present Victory—present

Farrington—present Kowall—present Poleski—present Walsh—present

Forlini—present Kurtz—present Potvin—present Yanez—present

Foster—present LaFontaine—present Price—present Yonker—present

Franz—present Lamonte—present Pscholka—present Zemke—present

Geiss—present Lane—present Rendon—present Zorn—present

Genetski—present Lauwers—present

e/d/s = entered during session

Rep. Kenneth Kurtz, from the 58th District, offered the following invocation:

“O God, we thank You for this day. We are thankful for the seniors that have graced this Capitol today. We are thankful for the young people from our education system that have been through here. We are thankful for each one, who out of the desire of their heart, has come to be part of the deliberation we will have today, very important issues for so many, many people. Bless our deliberation O God, hear the intent of our heart and guide our speech. We ask this in Your son’s name, Jesus, Amen.”

Motions and Resolutions

Reps. Lori, Haines, Cavanagh, Barnett, Brown, Cotter, Howrylak, Jacobsen, LaVoy and Slavens offered the following resolution:

House Resolution No. 310.

A resolution to declare March 5, 2014, as Spread The Word To End The Word Day in the state of Michigan.

Whereas, Respectful and inclusive language is essential to the movement for the dignity and humanity of people with intellectual disabilities. However, much of society does not recognize the hurtful, dehumanizing, and exclusive effects of the words “retard” and “retarded”; and

Whereas, It is time to address the minority slur “retard(ed)” and raise the consciousness of society to its hurtful effects; and

Whereas, The “Spread The Word To End The Word” campaign is an ongoing effort by Special Olympics Michigan and their supporters to raise the consciousness of society about the dehumanizing and hurtful effects of the word “retard(ed)” and encourage people to pledge to stop using the R-word; and

Whereas, The campaign, created by youth with and without developmental disabilities, is intended to engage schools, organizations, and communities to rally and pledge their support at www.r-word.org with a goal of reaching 100,000 pledges; and

Whereas, On March 5, 2014, citizens across the state of Michigan and throughout the United States will lead a day of awareness to “Spread The Word To End The Word”; and

Whereas, The day will be devoted to educating and raising awareness of the positive impact individuals with intellectual and developmental disabilities have in our communities and why the use of the R-word is hurtful, even in casual conversation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 5, 2014, as Spread The Word To End The Word Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

Senate Bill No. 437, entitled

A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending sections 5, 7, and 9 (MCL 124.505, 124.507, and 124.509), section 5 as amended by 2011 PA 263 and section 7 as amended by 2002 PA 445.

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

Roll Call No. 75 Yeas—108

Abed Genetski Lane Rendon

Banks Glardon Lauwers Roberts

Barnett Goike LaVoy Rogers

Bolger Graves Leonard Rutledge

Brinks Greimel Lipton Santana

Brown Haines Lori Schmidt

Brunner Haugh Lund Schor

Bumstead Haveman Lyons Segal

Callton Heise MacGregor Shirkey

Cavanagh Hobbs MacMaster Singh

Clemente Hooker McBroom Slavens

Cochran Hovey-Wright McCann Smiley

Cotter Howrylak McCready Somerville

Crawford Irwin Muxlow Stallworth

Daley Jacobsen Nathan Stamas

Darany Jenkins Nesbitt Stanley

Denby Johnson O’Brien Switalski

Dianda Kandrevas Oakes Talabi

Dillon Kelly Olumba Tlaib

Driskell Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Phelps Walsh

Forlini Kowall Poleski Yanez

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zemke

Geiss Lamonte Pscholka Zorn

Nays—2

McMillin Robinson

In The Chair: Walsh

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

“An act to provide for interlocal public agency agreements; to provide standards for those agreements and for the filing and status of those agreements; to permit the allocation of certain taxes or money received from tax increment financing plans as revenues; to permit tax sharing; to provide for the imposition of certain surcharges; to provide for additional approval for those agreements; and to prescribe penalties and provide remedies,”

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. 4295, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11 and 201 as amended by 2012 PA 465, section 17b as amended by 2007 PA 137, and section 236 as amended by 2012 PA 201.

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. Rogers moved to amend the bill as follows:

1. Amend page 21, line 18, by striking out all of section 31G and inserting:

“SEC. 31G. (1) FROM THE GENERAL FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED TO THE DEPARTMENT FOR 2013-2014 THE AMOUNT OF $1,800,000.00 FOR A CONTRACT WITH A SINGLE PROVIDER TO PROVIDE AN ONLINE, RESEARCH-BASED, SECURE, PERSONAL USER HEALTH AND NUTRITION EDUCATION SOFTWARE PLATFORM IN A REPRESENTATIVE SAMPLE OF PILOT SCHOOLS IN THIS STATE, TO INCLUDE SCHOOLS OPERATED BY DISTRICTS, PUBLIC SCHOOL ACADEMIES, AND INTERMEDIATE DISTRICTS, FOR 3 SCHOOL YEARS. THE CONTRACT SHALL INCLUDE PLATFORM AND CONTENT DEVELOPMENT AND EVALUATION. THE DEPARTMENT SHALL OVERSEE A COMPETITIVE REQUEST FOR PROPOSALS PROCESS FOR THE CONTRACT, AND THE REQUEST FOR PROPOSALS SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING REQUIREMENTS:

(A) A MICHIGAN-BASED, PLATFORM-NEUTRAL, TECHNOLOGY-DRIVEN ONLINE PLATFORM THAT DOES NOT REQUIRE ADDITIONAL INFORMATION TECHNOLOGY RESOURCES BEYOND INTERNET ACCESS.

(B) A SUSTAINABLE, INTERACTIVE HEALTH AND NUTRITION EDUCATION PLATFORM AND PERSONAL RESPONSIBILITY HEALTH BEHAVIOR RECORD THAT IS COST-NEUTRAL TO ALL PARTICIPANTS, INCLUDING PUPILS, PARENTS, GUARDIANS, AND SCHOOLS, AND THAT REQUIRES AN OPT-IN FROM THE PARENT OR LEGAL GUARDIAN OF EACH PUPIL PARTICIPANT.

(C) PERSONAL USE HEALTH BEHAVIOR DATA THAT ARE CUMULATIVE AND ACCESSIBLE IN REAL TIME ONLY TO THE USER AND THOSE AUTHORIZED BY THE USER THROUGH A SECURE ONLINE DASHBOARD THAT MEETS ALL FEDERAL, STATE, AND LOCAL HEALTH INFORMATION AND CHILD ONLINE PRIVACY REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, BEING IN COMPLIANCE WITH THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998, 5 USC 6501 TO 6505, AND THE KIDSAFE SEAL PROGRAM.

(D) A PROGRAM THAT PROVIDES FOR AGE- AND DEVELOPMENTALLY APPROPRIATE SELF‑MONITORING THROUGH THE RECORDING OF HEALTH HABITS, INCLUDING, BUT NOT LIMITED TO, DIETARY INTAKE AND PHYSICAL ACTIVITY, THAT IS CONSISTENT WITH CURRENT, ESTABLISHED STANDARDS FOR WELL-CHILD PREVENTIVE HEALTH CARE, AND THAT PROVIDES A PERSONAL RESPONSIBILITY HEALTH RECORD.

(E) A PROGRAM THAT PROMOTES A HEALTHY LIFESTYLE AND REINFORCES POSITIVE HEALTH OUTCOMES WHILE ALIGNING WITH CURRENTLY ESTABLISHED SCHOOL HEALTH CURRICULA, PHYSICAL EDUCATION AND PHYSICAL ACTIVITY CURRICULA, FEDERAL SCHOOL MEAL PROGRAMS, SCHOOL-BASED HEALTH PROGRAMS, CURRENT UNITED STATES DIETARY GUIDELINES FOR AMERICANS, AND ESTABLISHED STATE-FUNDED AND FEDERALLY FUNDED FOOD, NUTRITION, AND HEALTH PROMOTION PROGRAMS. THE OVERALL GOAL OF THE PROGRAM SHALL BE IMPROVED DIETARY INTAKE AND INCREASED PHYSICAL ACTIVITY.

(2) THE FUNDS APPROPRIATED UNDER THIS SECTION ARE TO BE SPENT OVER 3 YEARS AND SHALL BE CONSIDERED A WORK PROJECT APPROPRIATION. ANY UNEXPENDED FUNDS FOR 2013-2014 ARE CARRIED FORWARD INTO 2014-2015. THE PURPOSE OF THE WORK PROJECT IS AS DESCRIBED UNDER SUBSECTION (1). THE TOTAL ESTIMATED COST OF THESE PROJECTS IS $1,800,000.00. THE EVALUATION CONTRACT AND ADVISORY COUNCIL EXPENSES SHOULD NOT EXCEED 10% OF THE TOTAL ALLOCATION EACH. THE TENTATIVE ESTIMATED COMPLETION DATE OF THE WORK PROJECT IS SEPTEMBER 30, 2017.

(3) THE CONTRACT UNDER SUBSECTION (1) SHALL REQUIRE THE PROVIDER TO SUBMIT A PROGRESS REPORT TO THE LEGISLATURE BY SEPTEMBER 30, 2017. THE REPORT SHALL PROVIDE DETAILS ON THE PROGRAM’S PROGRESS AND IMPACT, INCLUDING, BUT NOT LIMITED TO, ALL OF THE FOLLOWING:

(A) INCREASE IN THE NUMBER OF ACTIVE REGISTRANTS IN THE PROGRAM AND IN THE LENGTH OF PARTICIPATION BY REGISTRANTS IN THE PROGRAM.

(B) IMPROVEMENT AND INCREASE IN THE NUMBER OF HEALTHY OPTIONS SERVED TO PUPILS BY SCHOOL LUNCH PROGRAMS.

(C) INCREASE IN PARTICIPATION BY PUPILS IN SCHOOL ATHLETIC AND PHYSICAL ACTIVITIES.

(D) CONTINUED ALIGNMENT WITH THE DEPARTMENT OF COMMUNITY HEALTH’S MICHIGAN HEALTH AND WELLNESS 4X4 PLAN.

(4) NOT LATER THAN 1 YEAR AFTER THE COMPLETION OF THE WORK PROJECT UNDER THIS SECTION, THE AUDITOR GENERAL SHALL PERFORM A PERFORMANCE POST-AUDIT OF THE PILOT PROJECT AND SUBMIT A REPORT TO THE LEGISLATURE ON THE EFFECTIVENESS OF THE PROGRAM IN ACHIEVING IMPROVEMENTS IN CHILD HEALTH.”.

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

Rep. Shirkey moved to amend the bill as follows:

1. Amend page 36, following line 18, by inserting:

“(2) THE DEPARTMENT SHALL ENSURE THAT THE REQUEST FOR PROPOSALS UNDER SUBSECTION (1) IS DELIVERED TO ALL COMMUNITY COLLEGES IN THIS STATE. IF A COMMUNITY COLLEGE OR GROUP OF COMMUNITY COLLEGES SUBMITS A PROPOSAL, BEFORE MAKING A DECISION TO AWARD A CONTRACT UNDER THIS SECTION TO ANY PROVIDER THAT IS NOT A COMMUNITY COLLEGE OR GROUP OF COMMUNITY COLLEGES, THE DEPARTMENT SHALL PROVIDE TO THE COMMUNITY COLLEGE OR GROUP OF COMMUNITY COLLEGES AN INTERACTIVE RESPONSE TO THE PROPOSAL.” and renumbering the remaining subsection.

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

Rep. Schor moved to amend the bill as follows:

1. Amend page 21, following line 17, by inserting:

“SEC. 31B. (1) FROM THE APPROPRIATIONS IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $2,000,000.00 FOR 2013-2014 FOR GRANTS TO AT-RISK DISTRICTS FOR IMPLEMENTING A YEAR-ROUND INSTRUCTIONAL PROGRAM.

(2) THE DEPARTMENT SHALL SELECT DISTRICTS FOR GRANTS UNDER THIS SECTION FROM AMONG APPLICANT DISTRICTS THAT MEET BOTH OF THE FOLLOWING:

(A) THE DISTRICT IS ELIGIBLE IN 2013-2014 FOR THE COMMUNITY ELIGIBILITY OPTION FOR FREE AND REDUCED PRICE LUNCH UNDER 42 USC 1759A.

(B) THE BOARD OF THE DISTRICT HAS ADOPTED A RESOLUTION STATING THAT THE DISTRICT WILL IMPLEMENT FOR THE FIRST TIME A YEAR-ROUND INSTRUCTIONAL CALENDAR THAT WILL BEGIN IN 2014-2015 FOR AT LEAST 1 SCHOOL OPERATED BY THE DISTRICT AND COMMITTING TO PROVIDING THE YEAR-ROUND INSTRUCTIONAL CALENDAR IN EACH OF THOSE SCHOOLS FOR AT LEAST 3 SCHOOL YEARS.

(3) A DISTRICT SEEKING A GRANT UNDER THIS SECTION SHALL APPLY TO THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT NOT LATER THAN APRIL 1, 2014. THE DEPARTMENT SHALL SELECT DISTRICTS FOR GRANTS AND MAKE NOTIFICATION NOT LATER THAN MAY 1, 2014.

(4) THE DEPARTMENT SHALL AWARD GRANTS UNDER THIS SECTION ON A COMPETITIVE BASIS, BUT SHALL GIVE PRIORITY BASED SOLELY ON CONSIDERATION OF THE FOLLOWING CRITERIA:

(A) GIVING PRIORITY TO DISTRICTS WITH LOWER GENERAL FUND BALANCES AS A PERCENT OF REVENUES.

(B) GIVING PRIORITY TO DISTRICTS THAT OPERATE AT LEAST 1 SCHOOL THAT HAS BEEN IDENTIFIED BY THE DEPARTMENT AS EITHER A PRIORITY SCHOOL OR A FOCUS SCHOOL.

(C) ENSURING THAT GRANT FUNDING INCLUDES BOTH RURAL AND URBAN DISTRICTS.

(5) THE AMOUNT OF A GRANT UNDER THIS SECTION TO ANY 1 DISTRICT SHALL NOT EXCEED $750,000.00.

(6) A GRANT PAYMENT UNDER THIS SECTION TO A DISTRICT SHALL BE USED FOR NECESSARY MODIFICATIONS TO INSTRUCTIONAL FACILITIES, MODIFICATIONS TO CURRENT CONTRACTS, AND OTHER NONRECURRING COSTS OF PREPARING FOR THE OPERATION OF A YEAR-ROUND INSTRUCTIONAL PROGRAM AS APPROVED BY THE DEPARTMENT.

(7) A DISTRICT RECEIVING A GRANT UNDER THIS SECTION IS NOT REQUIRED TO PROVIDE MORE THAN THE MINIMUM NUMBER OF DAYS AND HOURS OF PUPIL INSTRUCTION PRESCRIBED UNDER SECTION 101, BUT SHALL SPREAD AT LEAST THOSE MINIMUM AMOUNTS OF PUPIL INSTRUCTION OVER THE ENTIRE YEAR IN EACH OF ITS SCHOOLS IN WHICH A YEAR-ROUND INSTRUCTIONAL CALENDAR IS IMPLEMENTED. THE DISTRICT SHALL COMMIT TO PROVIDING THE YEAR-ROUND INSTRUCTIONAL CALENDAR IN EACH OF THOSE SCHOOLS FOR AT LEAST 3 SCHOOL YEARS.

(8) FOR A DISTRICT RECEIVING A GRANT UNDER THIS SECTION, EXCESSIVE HEAT IS CONSIDERED TO BE A CONDITION NOT WITHIN THE CONTROL OF SCHOOL AUTHORITIES FOR THE PURPOSE OF DAYS OR HOURS BEING COUNTED AS DAYS OR HOURS OF PUPIL INSTRUCTION UNDER SECTION 101(4).

(9) NOTWITHSTANDING SECTION 17B, GRANT PAYMENTS TO DISTRICTS UNDER THIS SECTION SHALL BE PAID ON A SCHEDULE DETERMINED BY THE DEPARTMENT.” and adjusting the totals in section 11 and enacting section 1 accordingly.

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

Rep. Dillon moved to amend the bill as follows:

1. Amend page 21, following line 17, by inserting:

“Sec. 31a. (1) From the state school aid fund money appropriated in section 11, there is allocated for 2013-2014 an amount not to exceed ~~$317,695,500.00~~ $347,695,500.00 for payments to eligible districts, eligible public school academies, and the education achievement system under this section. Subject to subsection (14), the amount of the additional allowance under this section, other than funding under subsection (6) or (7), shall be based on the number of actual pupils in membership in the district or public school academy or the education achievement system who met the income eligibility criteria for free breakfast, lunch, or milk in the immediately preceding state fiscal year, as determined under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769i, and reported to the department not later than the fifth Wednesday after the pupil membership count day of the immediately preceding fiscal year and adjusted not later than December 31 of the immediately preceding fiscal year in the form and manner prescribed by the center. However, for a public school academy that began operations as a public school academy, or for an achievement school that began operations as an achievement school, after the pupil membership count day of the immediately preceding school year, the basis for the additional allowance under this section shall be the number of actual pupils in membership in the public school academy or the education achievement system who met the income eligibility criteria for free breakfast, lunch, or milk in the current state fiscal year, as determined under the Richard B. Russell national school lunch act and reported to the department not later than the fifth Wednesday after the pupil membership count day.

(2) To be eligible to receive funding under this section, other than funding under subsection (6) or (7), a district or public school academy that has not been previously determined to be eligible or the education achievement system shall apply to the department, in a form and manner prescribed by the department, and a district or public school academy or the education achievement system must meet all of the following:

(a) The sum of the district’s or public school academy’s or the education achievement system’s combined state and local revenue per membership pupil in the current state fiscal year, as calculated under section 20, is less than or equal to the basic foundation allowance under section 20 for the current state fiscal year.

(b) The district or public school academy or the education achievement system agrees to use the funding only for purposes allowed under this section and to comply with the program and accountability requirements under this section.

(3) Except as otherwise provided in this subsection, an eligible district or eligible public school academy or the education achievement system shall receive under this section for each membership pupil in the district or public school academy or the education achievement system who met the income eligibility criteria for free breakfast, lunch, or milk, as determined under the Richard B. Russell national school lunch act and as reported to the department not later than the fifth Wednesday after the pupil membership count day of the immediately preceding fiscal year and adjusted not later than December 31 of the immediately preceding fiscal year, an amount per pupil equal to 11.5% of the sum of the district’s foundation allowance or the public school academy’s or the education achievement system’s per pupil amount calculated under section 20, not to exceed the basic foundation allowance under section 20 for the current state fiscal year, or of the public school academy’s or the education achievement system’s per membership pupil amount calculated under section 20 for the current state fiscal year. A public school academy that began operations as a public school academy, or an achievement school that began operations as an achievement school, after the pupil membership count day of the immediately preceding school year shall receive under this section for each membership pupil in the public school academy or in the education achievement system who met the income eligibility criteria for free breakfast, lunch, or milk, as determined under the Richard B. Russell national school lunch act and as reported to the department not later than the fifth Wednesday after the pupil membership count day of the current fiscal year and adjusted not later than December 31 of the current fiscal year, an amount per pupil equal to 11.5% of the public school academy’s or the education achievement system’s per membership pupil amount calculated under section 20 for the current state fiscal year.

(4) Except as otherwise provided in this section, a district or public school academy, or the education achievement system, receiving funding under this section shall use that money only to provide instructional programs and direct noninstructional services, including, but not limited to, medical or counseling services, for at-risk pupils; for school health clinics; and for the purposes of subsection (5), (6), or (7). In addition, a district that is a school district of the first class or a district or public school academy in which at least 50% of the pupils in membership met the income eligibility criteria for free breakfast, lunch, or milk in the immediately preceding state fiscal year, as determined and reported as described in subsection (1), or the education achievement system if it meets this requirement, may use not more than 20% of the funds it receives under this section for school security. A district, the public school academy, or the education achievement system shall not use any of that money for administrative costs or to supplant another program or other funds, except for funds allocated to the district or public school academy or the education achievement system under this section in the immediately preceding year and already being used by the district or public school academy or the education achievement system for at-risk pupils. The instruction or direct noninstructional services provided under this section may be conducted before or after regular school hours or by adding extra school days to the school year and may include, but are not limited to, tutorial services, early childhood programs to serve children age 0 to 5, and reading programs as described in former section 32f as in effect for 2001-2002. A tutorial method may be conducted with paraprofessionals working under the supervision of a certificated teacher. The ratio of pupils to paraprofessionals shall be between 10:1 and 15:1. Only 1 certificated teacher is required to supervise instruction using a tutorial method. As used in this subsection, “to supplant another program” means to take the place of a previously existing instructional program or direct noninstructional services funded from a funding source other than funding under this section.

(5) Except as otherwise provided in subsection (12), a district or public school academy that receives funds under this section and that operates a school breakfast program under section 1272a of the revised school code, MCL 380.1272a, or the education achievement system if it operates a school breakfast program, shall use from the funds received under this section an amount, not to exceed $10.00 per pupil for whom the district or public school academy or the education achievement system receives funds under this section, necessary to pay for costs associated with the operation of the school breakfast program.

(6) From the funds allocated under subsection (1), there is allocated for 2013-2014 an amount not to exceed $3,557,300.00 to support child and adolescent health centers. These grants shall be awarded for 5 consecutive years beginning with 2003-2004 in a form and manner approved jointly by the department and the department of community health. Each grant recipient shall remain in compliance with the terms of the grant award or shall forfeit the grant award for the duration of the 5-year period after the noncompliance. To continue to receive funding for a child and adolescent health center under this section a grant recipient shall ensure that the child and adolescent health center has an advisory committee and that at least one-third of the members of the advisory committee are parents or legal guardians of school-aged children. A child and adolescent health center program shall recognize the role of a child’s parents or legal guardian in the physical and emotional well-being of the child. Funding under this subsection shall be used to support child and adolescent health center services provided to children up to age 21. If any funds allocated under this subsection are not used for the purposes of this subsection for the fiscal year in which they are allocated, those unused funds shall be used that fiscal year to avoid or minimize any proration that would otherwise be required under subsection (14) for that fiscal year.

(7) From the funds allocated under subsection (1), there is allocated for 2013-2014 an amount not to exceed $5,150,000.00 for the state portion of the hearing and vision screenings as described in section 9301 of the public health code, 1978 PA 368, MCL 333.9301. A local public health department shall pay at least 50% of the total cost of the screenings. The frequency of the screenings shall be as required under R 325.13091 to R 325.13096 and R 325.3271 to R 325.3276 of the Michigan administrative code. Funds shall be awarded in a form and manner approved jointly by the department and the department of community health. Notwithstanding section 17b, payments to eligible entities under this subsection shall be paid on a schedule determined by the department.

(8) Each district or public school academy receiving funds under this section and the education achievement system shall submit to the department by July 15 of each fiscal year a report, not to exceed 10 pages, on the usage by the district or public school academy or the education achievement system of funds under this section, which report shall include at least a brief description of each program conducted by the district or public school academy or the education achievement system using funds under this section, the amount of funds under this section allocated to each of those programs, the number of at-risk pupils eligible for free or reduced price school lunch who were served by each of those programs, and the total number of at-risk pupils served by each of those programs. If a district or public school academy or the education achievement system does not comply with this subsection, the department shall withhold an amount equal to the August payment due under this section until the district or public school academy or the education achievement system complies with this subsection. If the district or public school academy or the education achievement system does not comply with this subsection by the end of the state fiscal year, the withheld funds shall be forfeited to the school aid fund.

(9) In order to receive funds under this section, a district or public school academy or the education achievement system shall allow access for the department or the department’s designee to audit all records related to the program for which it receives those funds. The district or public school academy or the education achievement system shall reimburse the state for all disallowances found in the audit.

(10) Subject to subsections (5), (6), (7), (12), and (13), a district may use up to 100% of the funds it receives under this section to reduce the ratio of pupils to teachers in grades K-12, or any combination of those grades, in school buildings in which the percentage of pupils described in subsection (1) exceeds the district’s aggregate percentage of those pupils. Subject to subsections (5), (6), (7), (12), and (13), a district may use up to 100% of the funds it receives under this section to reduce the ratio of pupils to teachers in grades K-12, or any combination of those grades, in school buildings in which the percentage of pupils described in subsection (1) is at least 60% of the district’s aggregate percentage of those pupils and at least 30% of the total number of pupils enrolled in the school building.

(11) A district or public school academy or the education achievement system may use funds received under this section for adult high school completion, general educational development (G.E.D.) test preparation, adult English as a second language, or adult basic education programs described in section 107.

(12) For an individual school or schools operated by a district or public school academy receiving funds under this section or the education achievement system that have been determined by the department to meet the adequate yearly progress standards of the no child left behind act of 2001, Public Law 107-110, in both mathematics and English language arts at all applicable grade levels for all applicable subgroups, the district or public school academy or the education achievement system may use not more than 20% of the funds it receives under this section for specific alternative purposes identified by the district or public school academy or the education achievement system that are designed to benefit at-risk pupils in the school, but that may be different from the purposes otherwise allowable under this section. If a district or public school academy or the education achievement system uses funds for alternative purposes allowed under the flexibility provisions under this subsection, the district or public school academy or the education achievement system shall maintain documentation of the amounts used for those alternative purposes and shall make that information available to the department upon request.

(13) A district or public school academy that receives funds under this section or the education achievement system may use funds it receives under this section to implement and operate an early intervening program for pupils in grades K to 3 that meets either or both of the following:

(a) Monitors individual pupil learning and provides specific support or learning strategies to pupils as early as possible in order to reduce the need for special education placement. The program shall include literacy and numeracy supports, sensory motor skill development, behavior supports, instructional consultation for teachers, and the development of a parent/school learning plan. Specific support or learning strategies may include support in or out of the general classroom in areas including reading, writing, math, visual memory, motor skill development, behavior, or language development. These would be provided based on an understanding of the individual child’s learning needs.

(b) Provides early intervening strategies using school-wide systems of academic and behavioral supports and is scientifically research-based. The strategies to be provided shall include at least pupil performance indicators based upon response to intervention, instructional consultation for teachers, and ongoing progress monitoring. A school-wide system of academic and behavioral support should be based on a support team available to the classroom teachers. The members of this team could include the principal, special education staff, reading teachers, and other appropriate personnel who would be available to systematically study the needs of the individual child and work with the teacher to match instruction to the needs of the individual child.

(14) If necessary, and before any proration required under section 296, the department shall prorate payments under this section by reducing the amount of the per pupil payment under this section by a dollar amount calculated by determining the amount by which the amount necessary to fully fund the requirements of this section exceeds the maximum amount allocated under this section and then dividing that amount by the total statewide number of pupils who met the income eligibility criteria for free breakfast, lunch, or milk in the immediately preceding fiscal year, as described in subsection (1).

(15) If a district is formed by consolidation after June 1, 1995, and if 1 or more of the original districts was not eligible before the consolidation for an additional allowance under this section, the amount of the additional allowance under this section for the consolidated district shall be based on the number of pupils described in subsection (1) enrolled in the consolidated district who reside in the territory of an original district that was eligible before the consolidation for an additional allowance under this section.

(16) As used in this section, “at-risk pupil” means a pupil for whom the district has documentation that the pupil meets at least 2 of the following criteria: is a victim of child abuse or neglect; is below grade level in English language arts or mathematics; is a pregnant teenager or teenage parent; is eligible for a federal free or reduced-price lunch subsidy; has atypical behavior or attendance patterns; or has a family history of school failure, incarceration, or substance abuse. At-risk pupil also includes all pupils in a priority school as defined in the elementary and secondary education act of 2001 flexibility request approved by the United States department of education. For pupils for whom the results of at least the applicable Michigan education assessment program (MEAP) test have been received, at-risk pupil also includes a pupil who does not meet the other criteria under this subsection but who did not achieve at least a score of level 2 on the most recent MEAP English language arts, mathematics, science test, or social studies for which results for the pupil have been received. For pupils for whom the results of the Michigan merit examination have been received, at-risk pupil also includes a pupil who does not meet the other criteria under this subsection but who did not achieve proficiency on the reading, writing, mathematics, science, or social studies components of the most recent Michigan merit examination for which results for the pupil have been received. For pupils in grades K-3, at-risk pupil also includes a pupil who is at risk of not meeting the district’s core academic curricular objectives in English language arts or mathematics.

(17) A district or public school academy that receives funds under this section or the education achievement system may use funds received under this section to provide an anti-bullying or crisis intervention program.” and adjusting the totals in section 11 and enacting section 1 accordingly.

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

Rep. Dillon moved to amend the bill as follows:

1. Amend page 2, following line 27, by inserting:

“Sec. 20. (1) For 2013-2014, the basic foundation allowance is $8,049.00.

(2) The amount of each district’s foundation allowance shall be calculated as provided in this section, using a basic foundation allowance in the amount specified in subsection (1).

(3) Except as otherwise provided in this section, the amount of a district’s foundation allowance shall be calculated as follows, using in all calculations the total amount of the district’s foundation allowance as calculated before any proration:

(a) For a district that had a foundation allowance for the immediately preceding state fiscal year that was at least equal to the sum of $7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the immediately preceding state fiscal year in the lowest foundation allowance among all districts, but less than the basic foundation allowance for the immediately preceding state fiscal year, the district shall receive a foundation allowance in an amount equal to the sum of the greater of $6,966.00 or the district’s foundation allowance for the immediately preceding state fiscal year plus the difference between twice the dollar amount of the adjustment from the immediately preceding state fiscal year to the current state fiscal year made in the basic foundation allowance and [(the dollar amount of the adjustment from the immediately preceding state fiscal year to the current state fiscal year made in the basic foundation allowance minus $10.00) times (the difference between the district’s foundation allowance for the immediately preceding state fiscal year and the sum of $7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the immediately preceding state fiscal year in the lowest foundation allowance among all districts) divided by the difference between the basic foundation allowance for the current state fiscal year and the sum of $7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the immediately preceding state fiscal year in the lowest foundation allowance among all districts]. For 2011-2012, for a district that had a foundation allowance for the immediately preceding state fiscal year that was at least equal to the sum of $7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the immediately preceding state fiscal year in the lowest foundation allowance among all districts, but less than the basic foundation allowance for the immediately preceding state fiscal year, the district shall receive a foundation allowance in an amount equal to the district’s foundation allowance for 2010-2011, minus $470.00. However, the foundation allowance for a district that had less than the basic foundation allowance for the immediately preceding state fiscal year shall not exceed the basic foundation allowance for the current state fiscal year.

(b) Except as otherwise provided in this subsection, for a district that in the immediately preceding state fiscal year had a foundation allowance in an amount at least equal to the amount of the basic foundation allowance for the immediately preceding state fiscal year, the district shall receive a foundation allowance for 2011-2012 in an amount equal to the district’s foundation allowance for 2010-2011, minus $470.00.

(c) Except as otherwise provided in subdivision (d), for a district that in the 1994-95 state fiscal year had a foundation allowance greater than $6,500.00, the district’s foundation allowance is an amount equal to the sum of the district’s foundation allowance for the immediately preceding state fiscal year plus the lesser of the increase in the basic foundation allowance for the current state fiscal year, as compared to the immediately preceding state fiscal year, or the product of the district’s foundation allowance for the immediately preceding state fiscal year times the percentage increase in the United States consumer price index in the calendar year ending in the immediately preceding fiscal year as reported by the May revenue estimating conference conducted under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b. Except as otherwise provided in subdivision (d), for 2011-2012, for a district that in the 1994-1995 state fiscal year had a foundation allowance greater than $6,500.00, the district’s foundation allowance is an amount equal to the district’s foundation allowance for the 2010-2011 fiscal year minus $470.00.

(d) For a district that in the 1994-95 state fiscal year had a foundation allowance greater than $6,500.00 and that had a foundation allowance for the 2009-2010 state fiscal year, as otherwise calculated under this section, that was less than the basic foundation allowance, the district’s foundation allowance for 2011-2012 and each succeeding fiscal year shall be considered to be an amount equal to the basic foundation allowance.

(e) For a district that has a foundation allowance that is not a whole dollar amount, the district’s foundation allowance shall be rounded up to the nearest whole dollar.

(f) For a district that received a payment under section 22c as that section was in effect for 2001-2002, the district’s 2001-2002 foundation allowance shall be considered to have been an amount equal to the sum of the district’s actual 2001-2002 foundation allowance as otherwise calculated under this section plus the per pupil amount of the district’s equity payment for 2001-2002 under section 22c as that section was in effect for 2001-2002.

(g) For a district that received a payment under section 22c as that section was in effect for 2006-2007, the district’s 2006-2007 foundation allowance shall be considered to have been an amount equal to the sum of the district’s actual 2006-2007 foundation allowance as otherwise calculated under this section plus the per pupil amount of the district’s equity payment for 2006-2007 under section 22c as that section was in effect for 2006-2007.

(h) For 2012-2013, for a district that had a foundation allowance for the 2011-2012 state fiscal year of less than $6,966.00, the district’s foundation allowance is an amount equal to $6,966.00.

(4) Except as otherwise provided in this subsection, the state portion of a district’s foundation allowance is an amount equal to the district’s foundation allowance or the basic foundation allowance for the current state fiscal year, whichever is less, minus the difference between the sum of the product of the taxable value per membership pupil of all property in the district that is nonexempt property times the district’s certified mills and, for a district with certified mills exceeding 12, the product of the taxable value per membership pupil of property in the district that is commercial personal property times the certified mills minus 12 mills and the quotient of the ad valorem property tax revenue of the district captured under tax increment financing acts divided by the district’s membership excluding special education pupils. For a district described in subsection (3)(c), the state portion of the district’s foundation allowance is an amount equal to $6,962.00 plus the difference between the district’s foundation allowance for the current state fiscal year and the district’s foundation allowance for 1998-99, minus the difference between the sum of the product of the taxable value per membership pupil of all property in the district that is nonexempt property times the district’s certified mills and, for a district with certified mills exceeding 12, the product of the taxable value per membership pupil of property in the district that is commercial personal property times the certified mills minus 12 mills and the quotient of the ad valorem property tax revenue of the district captured under tax increment financing acts divided by the district’s membership excluding special education pupils. For a district that has a millage reduction required under section 31 of article IX of the state constitution of 1963, the state portion of the district’s foundation allowance shall be calculated as if that reduction did not occur. For a receiving district, if school operating taxes continue to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, the taxable value per membership pupil of property in the receiving district used for the purposes of this subsection, does not include the taxable value of property within the geographic area of the dissolved district.

(5) The allocation calculated under this section for a pupil shall be based on the foundation allowance of the pupil’s district of residence. For a pupil enrolled pursuant to section 105 or 105c in a district other than the pupil’s district of residence, the allocation calculated under this section shall be based on the lesser of the foundation allowance of the pupil’s district of residence or the foundation allowance of the educating district. For a pupil in membership in a K-5, K-6, or K-8 district who is enrolled in another district in a grade not offered by the pupil’s district of residence, the allocation calculated under this section shall be based on the foundation allowance of the educating district if the educating district’s foundation allowance is greater than the foundation allowance of the pupil’s district of residence.

(6) Except as otherwise provided in this subsection, for pupils in membership, other than special education pupils, in a public school academy, the allocation calculated under this section is an amount per membership pupil other than special education pupils in the public school academy equal to the foundation allowance of the district in which the public school academy is located or the state maximum public school academy allocation, whichever is less. However, a public school academy that had an allocation under this subsection before 2009-2010 that was equal to the sum of the local school operating revenue per membership pupil other than special education pupils for the district in which the public school academy is located and the state portion of that district’s foundation allowance shall not have that allocation reduced as a result of the 2010 amendment to this subsection. Notwithstanding section 101, for a public school academy that begins operations after the pupil membership count day, the amount per membership pupil calculated under this subsection shall be adjusted by multiplying that amount per membership pupil by the number of hours of pupil instruction provided by the public school academy after it begins operations, as determined by the department, divided by the minimum number of hours of pupil instruction required under section 101(3). The result of this calculation shall not exceed the amount per membership pupil otherwise calculated under this subsection.

(7) Except as otherwise provided in this subsection, for pupils attending an achievement school and in membership in the education achievement system, other than special education pupils, the allocation calculated under this section is an amount per membership pupil other than special education pupils equal to the foundation allowance of the district in which the achievement school is located, not to exceed the basic foundation allowance. Notwithstanding section 101, for an achievement school that begins operation after the pupil membership count day, the amount per membership pupil calculated under this subsection shall be adjusted by multiplying that amount per membership pupil by the number of hours of pupil instruction provided by the achievement school after it begins operations, as determined by the department, divided by the minimum number of hours of pupil instruction required under section 101(3). The result of this calculation shall not exceed the amount per membership pupil otherwise calculated under this subsection. For the purposes of this subsection, if a public school is transferred from a district to the state school reform/redesign district or the achievement authority under section 1280c of the revised school code, MCL 380.1280c, that public school is considered to be an achievement school within the education achievement system and not a school that is part of a district, and a pupil attending that public school is considered to be in membership in the education achievement system and not in membership in the district that operated the school before the transfer.

(8) Subject to subsection (4), for a district that is formed or reconfigured after June 1, 2002 by consolidation of 2 or more districts or by annexation, the resulting district’s foundation allowance under this section beginning after the effective date of the consolidation or annexation shall be the lesser of the sum of the average of the foundation allowances of each of the original or affected districts, calculated as provided in this section, weighted as to the percentage of pupils in total membership in the resulting district who reside in the geographic area of each of the original or affected districts plus $100.00 or the highest foundation allowance among the original or affected districts. This subsection does not apply to a receiving district unless there is a subsequent consolidation or annexation that affects the district.

(9) Each fraction used in making calculations under this section shall be rounded to the fourth decimal place and the dollar amount of an increase in the basic foundation allowance shall be rounded to the nearest whole dollar.

(10) State payments related to payment of the foundation allowance for a special education pupil are not calculated under this section but are instead calculated under section 51a.

(11) To assist the legislature in determining the basic foundation allowance for the subsequent state fiscal year, each revenue estimating conference conducted under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, shall calculate a pupil membership factor, a revenue adjustment factor, and an index as follows:

(a) The pupil membership factor shall be computed by dividing the estimated membership in the school year ending in the current state fiscal year, excluding intermediate district membership, by the estimated membership for the school year ending in the subsequent state fiscal year, excluding intermediate district membership. If a consensus membership factor is not determined at the revenue estimating conference, the principals of the revenue estimating conference shall report their estimates to the house and senate subcommittees responsible for school aid appropriations not later than 7 days after the conclusion of the revenue conference.

(b) The revenue adjustment factor shall be computed by dividing the sum of the estimated total state school aid fund revenue for the subsequent state fiscal year plus the estimated total state school aid fund revenue for the current state fiscal year, adjusted for any change in the rate or base of a tax the proceeds of which are deposited in that fund and excluding money transferred into that fund from the countercyclical budget and economic stabilization fund under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated total school aid fund revenue for the current state fiscal year plus the estimated total state school aid fund revenue for the immediately preceding state fiscal year, adjusted for any change in the rate or base of a tax the proceeds of which are deposited in that fund. If a consensus revenue factor is not determined at the revenue estimating conference, the principals of the revenue estimating conference shall report their estimates to the house and senate subcommittees responsible for school aid appropriations not later than 7 days after the conclusion of the revenue conference.

(c) The index shall be calculated by multiplying the pupil membership factor by the revenue adjustment factor. If a consensus index is not determined at the revenue estimating conference, the principals of the revenue estimating conference shall report their estimates to the house and senate subcommittees responsible for school aid appropriations not later than 7 days after the conclusion of the revenue conference.

(12) For a district that received a grant under former section 32e for 2001-2002, the district’s foundation allowance for 2002-2003 and each succeeding fiscal year shall be adjusted to be an amount equal to the sum of the district’s foundation allowance, as otherwise calculated under this section, plus the quotient of 100% of the amount of the grant award to the district for 2001-2002 under former section 32e divided by the number of pupils in the district’s membership for 2001-2002 who were residents of and enrolled in the district. All of the following apply to districts receiving a foundation allowance adjustment under this subsection:

(a) Except as otherwise provided in this subdivision, a district qualifying for a foundation allowance adjustment under this subsection shall use the funds resulting from this adjustment for at least 1 of grades K to 3 for purposes allowable under former section 32e as in effect for 2001-2002. For an individual school or schools operated by a district qualifying for a foundation allowance adjustment under this subsection that have been determined by the department to meet the adequate yearly progress standards of the federal no child left behind act of 2001, Public Law 107-110, in both mathematics and English language arts at all applicable grade levels for all applicable subgroups, the district may submit to the department an application for flexibility in using the funds resulting from this adjustment that are attributable to the pupils in the school or schools. The application shall identify the affected school or schools and the affected funds and shall contain a plan for using the funds for specific purposes identified by the district that are designed to reduce class size, but that may be different from the purposes otherwise allowable under this subdivision. The department shall approve the application if the department determines that the purposes identified in the plan are reasonably designed to reduce class size. If the department does not act to approve or disapprove an application within 30 days after it is submitted to the department, the application is considered to be approved. If an application for flexibility in using the funds is approved, the district may use the funds identified in the application for any purpose identified in the plan.

(b) A district receiving an adjustment under this subsection shall not receive as a result of this adjustment an amount that exceeds ~~68.5%~~ 79.0% of the amount the district received as a result of this adjustment for 2010-2011.

(c) Notwithstanding subsection (8), for a district that is formed or reconfigured by consolidation of 2 or more districts, 1 of which received an adjustment under this subsection for 2012-2013, the resulting district’s foundation allowance for 2013-2014 and each succeeding fiscal year shall be adjusted to be an amount equal to the sum of the resulting district’s foundation allowance as calculated under subsection (8) excluding any adjustment calculated under this subsection plus [(the original district’s adjustment under this subsection in 2012-2013 times the number of pupils in the original district’s membership for 2012-2013) divided by the number of pupils in the resulting district’s membership for 2013-2014].

(d) Beginning in 2013-2014, for a district that received an adjustment for the immediately preceding fiscal year and that had a foundation allowance as adjusted by this subsection for the immediately preceding fiscal year equal to $6,966.00, the district shall not receive an adjustment under this section for the current fiscal year.

(13) Payments to districts, public school academies, or the education achievement system shall not be made under this section. Rather, the calculations under this section shall be used to determine the amount of state payments under section 22b.

(14) If an amendment to section 2 of article VIII of the state constitution of 1963 allowing state aid to some or all nonpublic schools is approved by the voters of this state, each foundation allowance or per pupil payment calculation under this section may be reduced.

(15) As used in this section:

(a) “Certified mills” means the lesser of 18 mills or the number of mills of school operating taxes levied by the district in 1993-94.

(b) “Combined state and local revenue” means the aggregate of the district’s state school aid received by or paid on behalf of the district under this section and the district’s local school operating revenue.

(c) “Combined state and local revenue per membership pupil” means the district’s combined state and local revenue divided by the district’s membership excluding special education pupils.

(d) “Current state fiscal year” means the state fiscal year for which a particular calculation is made.

(e) “Dissolved district” means a district that loses its organization, has its territory attached to 1 or more other districts, and is dissolved as provided under section 12 of the revised school code, MCL 380.12.

(f) “Immediately preceding state fiscal year” means the state fiscal year immediately preceding the current state fiscal year.

(g) “Local school operating revenue” means school operating taxes levied under section 1211 of the revised school code, MCL 380.1211. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, local school operating revenue does not include school operating taxes levied within the geographic area of the dissolved district.

(h) “Local school operating revenue per membership pupil” means a district’s local school operating revenue divided by the district’s membership excluding special education pupils.

(i) “Maximum public school academy allocation”, except as otherwise provided in this subdivision, means the maximum per-pupil allocation as calculated by adding the highest per-pupil allocation among all public school academies for the immediately preceding state fiscal year plus the difference between twice the dollar amount of the adjustment from the immediately preceding state fiscal year to the current state fiscal year made in the basic foundation allowance and [(the dollar amount of the adjustment from the immediately preceding state fiscal year to the current state fiscal year made in the basic foundation allowance minus $10.00) times (the difference between the highest per-pupil allocation among all public school academies for the immediately preceding state fiscal year and the sum of $7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the immediately preceding state fiscal year in the lowest per-pupil allocation among all public school academies) divided by the difference between the basic foundation allowance for the current state fiscal year and the sum of $7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the immediately preceding state fiscal year in the lowest per-pupil allocation among all public school academies].

(j) “Membership” means the definition of that term under section 6 as in effect for the particular fiscal year for which a particular calculation is made.

(k) “Nonexempt property” means property that is not a principal residence, qualified agricultural property, qualified forest property, supportive housing property, industrial personal property, or commercial personal property.

(l) “Principal residence”, “qualified agricultural property”, “qualified forest property”, “supportive housing property”, “industrial personal property”, and “commercial personal property” mean those terms as defined in section 1211 of the revised school code, MCL 380.1211.

(m) “Receiving district” means a district to which all or part of the territory of a dissolved district is attached under section 12 of the revised school code, MCL 380.12.

(n) “School operating purposes” means the purposes included in the operation costs of the district as prescribed in sections 7 and 18 and purposes authorized under section 1211 of the revised school code, MCL 380.1211.

(o) “School operating taxes” means local ad valorem property taxes levied under section 1211 of the revised school code, MCL 380.1211, and retained for school operating purposes.

(p) “Tax increment financing acts” means 1975 PA 197, MCL 125.1651 to 125.1681, the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.

(q) “Taxable value per membership pupil” means taxable value, as certified by the department of treasury, for the calendar year ending in the current state fiscal year divided by the district’s membership excluding special education pupils for the school year ending in the current state fiscal year.”.

2. Amend page 17, line 15, by striking out “$3,335,000,000.00” and inserting “$3,337,000,000.00” and adjusting the totals in section 11 and enacting section 1 accordingly.

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

Rep. Oakes moved to amend the bill as follows:

1. Amend page 3, line 1, by striking out all of section 20g and inserting:

“SEC. 20H. (1) FROM THE APPROPRIATIONS UNDER SECTION 11, THERE IS ALLOCATED FOR 2013‑2014 AN AMOUNT NOT TO EXCEED $8,100,000.00 FOR GRANTS TO INTERMEDIATE DISTRICTS THAT CONTAIN AT LEAST 1 RECEIVING SCHOOL DISTRICT, TO BE USED FOR COSTS ASSOCIATED WITH THE TRANSFER OF PROPERTY FROM A DISSOLVED SCHOOL DISTRICT TO A RECEIVING SCHOOL DISTRICT AND FOR ADDITIONAL BUSING AND TRANSPORTATION NEEDS OF RECEIVING SCHOOL DISTRICTS.

(2) THE DEPARTMENT AND THE DEPARTMENT OF TREASURY SHALL DEVELOP AN APPLICATION AND GRANT PROCESS FOR INTERMEDIATE DISTRICTS TO APPLY FOR A GRANT UNDER THIS SECTION.

(3) AN INTERMEDIATE DISTRICT THAT RECEIVES A GRANT UNDER THIS SECTION SHALL ACT AS AN INTERMEDIARY TO ENSURE THAT THE GRANT FUNDS ARE DISBURSED ON BEHALF OF A RECEIVING SCHOOL DISTRICT FOR A PURPOSE ALLOWED UNDER THIS SECTION. THE INTERMEDIATE DISTRICT IS RESPONSIBLE FOR REVIEWING AND APPROVING ALL BIDS AND CONTRACTS BETWEEN THE RECEIVING SCHOOL DISTRICTS AND CONTRACTORS THAT ARE FUNDED WITH GRANT FUNDS UNDER THIS SECTION.

(4) GRANT FUNDS UNDER THIS SECTION MAY BE USED BY AN INTERMEDIATE DISTRICT ON BEHALF OF A RECEIVING SCHOOL DISTRICT ONLY FOR 1 OR MORE OF THE FOLLOWING:

(A) THE COSTS OF MAINTENANCE, UTILITIES, SECURITY, AND INSURANCE ASSOCIATED WITH BUILDINGS TRANSFERRED FROM A DISSOLVED SCHOOL DISTRICT TO A RECEIVING SCHOOL DISTRICT UNDER SECTION 12 OF THE REVISED SCHOOL CODE, MCL 380.12.

(B) THE DEMOLITION AND ASSOCIATED COSTS OF BUILDINGS TRANSFERRED FROM A DISSOLVED SCHOOL DISTRICT TO A RECEIVING SCHOOL DISTRICT UNDER SECTION 12 OF THE REVISED SCHOOL CODE, MCL 380.12.

(C) ADDITIONAL BUSING AND TRANSPORTATION NEEDS OF RECEIVING SCHOOL DISTRICTS AS A RESULT OF THE TRANSFER OF TERRITORY UNDER SECTION 12 OF THE REVISED SCHOOL CODE, MCL 380.12.

(D) COSTS FOR STAFFING, LEGAL FEES, RECORDS MANAGEMENT AND STORAGE, AND DISTRIBUTION AND INVENTORY OF ASSETS AS A RESULT OF THE TRANSFER OF TERRITORY UNDER SECTION 12 OF THE REVISED SCHOOL CODE, MCL 380.12.

(E) ALL OTHER ADDITIONAL STAFF AND EDUCATIONAL RESOURCES REQUIRED FOR THE EDUCATION AND TRANSITION OF NEW PUPILS DUE TO THE DISSOLUTION.

(5) THE AMOUNT OF THE GRANT TO AN INTERMEDIATE DISTRICT UNDER THIS SECTION SHALL NOT EXCEED THE SUM OF $4,050,000.00.

(6) FUNDS ALLOCATED UNDER THIS SECTION ARE CONSIDERED WORK PROJECT APPROPRIATIONS, AND ANY UNENCUMBERED OR UNALLOCATED FUNDS ARE CARRIED OVER INTO SUCCEEDING FISCAL YEARS. 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 THIS SECTION IS TO ASSIST RECEIVING SCHOOL DISTRICTS FOR THE COSTS OF MAINTENANCE, UTILITIES, SECURITY, AND INSURANCE ASSOCIATED WITH BUILDINGS TRANSFERRED FROM A DISSOLVED SCHOOL DISTRICT; THE DEMOLITION OF BUILDINGS TRANSFERRED FROM A DISSOLVED SCHOOL DISTRICT; AND ADDITIONAL BUSING AND TRANSPORTATION NEEDS OF RECEIVING SCHOOL DISTRICTS.

(B) THESE PROJECTS WILL BE ACCOMPLISHED BY GRANTS TO INTERMEDIATE SCHOOL DISTRICTS THAT CONTAIN RECEIVING SCHOOL DISTRICTS.

(C) THE TOTAL ESTIMATED COST OF THESE PROJECTS IS $8,100,000.00, AS OUTLINED IN SUBSECTION (1).

(D) THE ESTIMATED COMPLETION DATE FOR THESE PROJECTS IS SEPTEMBER 30, 2015.

(7) AS USED IN THIS SECTION:

(A) “DISSOLVED SCHOOL DISTRICT” MEANS A SCHOOL DISTRICT THAT HAS BEEN DECLARED DISSOLVED UNDER SECTION 12 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.12.

(B) “RECEIVING SCHOOL DISTRICT” MEANS THAT TERM AS DEFINED IN SECTION 12 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.12.” and adjusting the totals in section 11 and enacting section 1 accordingly.

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

Rep. Oakes moved to amend the bill as follows:

1. Amend page 3, line 1, by striking out all of section 20g and inserting:

“SEC. 20H. (1) FROM THE APPROPRIATIONS UNDER SECTION 11, THERE IS ALLOCATED FOR 2013‑2014 AN AMOUNT NOT TO EXCEED $5,300,000.00 FOR GRANTS TO INTERMEDIATE DISTRICTS THAT CONTAIN AT LEAST 1 RECEIVING SCHOOL DISTRICT, TO BE USED FOR COSTS ASSOCIATED WITH THE TRANSFER OF PROPERTY FROM A DISSOLVED SCHOOL DISTRICT TO A RECEIVING SCHOOL DISTRICT AND FOR ADDITIONAL BUSING AND TRANSPORTATION NEEDS OF RECEIVING SCHOOL DISTRICTS.

(2) THE DEPARTMENT AND THE DEPARTMENT OF TREASURY SHALL DEVELOP AN APPLICATION AND GRANT PROCESS FOR INTERMEDIATE DISTRICTS TO APPLY FOR A GRANT UNDER THIS SECTION.

(4) GRANT FUNDS UNDER THIS SECTION MAY BE USED BY AN INTERMEDIATE DISTRICT ON BEHALF OF A RECEIVING SCHOOL DISTRICT ONLY FOR 1 OR MORE OF THE FOLLOWING:

(B) THE DEMOLITION AND ASSOCIATED COSTS OF BUILDINGS TRANSFERRED FROM A DISSOLVED SCHOOL DISTRICT TO A RECEIVING SCHOOL DISTRICT UNDER SECTION 12 OF THE REVISED SCHOOL CODE, MCL 380.12.

(C) ADDITIONAL BUSING AND TRANSPORTATION NEEDS OF RECEIVING SCHOOL DISTRICTS AS A RESULT OF THE TRANSFER OF TERRITORY UNDER SECTION 12 OF THE REVISED SCHOOL CODE, MCL 380.12.

(5) THE AMOUNT OF THE GRANT TO AN INTERMEDIATE DISTRICT UNDER THIS SECTION SHALL NOT EXCEED THE SUM OF $2,650,000.00.

(B) THESE PROJECTS WILL BE ACCOMPLISHED BY GRANTS TO INTERMEDIATE SCHOOL DISTRICTS THAT CONTAIN RECEIVING SCHOOL DISTRICTS.

(C) THE TOTAL ESTIMATED COST OF THESE PROJECTS IS $5,300,000.00, AS OUTLINED IN SUBSECTION (1).

(D) THE ESTIMATED COMPLETION DATE FOR THESE PROJECTS IS SEPTEMBER 30, 2015.

(7) AS USED IN THIS SECTION:

(A) “DISSOLVED SCHOOL DISTRICT” MEANS A SCHOOL DISTRICT THAT HAS BEEN DECLARED DISSOLVED UNDER SECTION 12 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.12.

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 4, line 6, after “WITH” by striking out the balance of the line through “OF,” on line 7.

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 4, line 8, after “DISTRICT.” by striking out the balance of the subsection.

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 4, line 13, after “DISTRICT.” by inserting “THE DEPARTMENT SHALL ENSURE THAT ALL ELIGIBLE DISTRICTS THAT HAVE REIMBURSABLE COSTS AND THAT APPLY FOR IT RECEIVE A PORTION OF THE MONEY ALLOCATED UNDER SUBSECTION (1)(B).”.

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

Rep. Rogers moved to amend the bill as follows:

1. Amend page 21, line 20, after “OF” by striking out “$1,800,000.00” and inserting “$100.00”.

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5345, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 520a (MCL 750.520a), as amended by 2007 PA 163.

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

Roll Call No. 76 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5346, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 1 (MCL 722.111), as amended by 2011 PA 228.

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

Roll Call No. 77 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5347, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20173a, 20173b, 21717, 21718, and 21765 (MCL 333.20173a, 333.20173b, 333.21717, 333.21718, and 333.21765), section 20173a as amended by 2010 PA 291 and section 20173b as added by 2006 PA 28.

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

Roll Call No. 78 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5348, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2264 (MCL 500.2264), as amended by 1998 PA 26.

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

Roll Call No. 79 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5349, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 876 (MCL 600.876).

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

Roll Call No. 80 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5350, entitled

A bill to amend 1988 PA 199, entitled “Surrogate parenting act,” by amending sections 3, 7, and 9 (MCL 722.853, 722.857, and 722.859), section 3 as amended by 1990 PA 190.

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

Roll Call No. 81 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5136, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding section 141a.

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

Roll Call No. 82 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5352, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 6 (MCL 38.1306), as amended by 2012 PA 300.

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

Roll Call No. 83 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5351, entitled

A bill to amend 1948 (1st Ex Sess) PA 31, entitled “An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, transit-oriented developments, transit-oriented facilities, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district’s boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district’s boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district’s boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies,” by amending section 2b (MCL 123.952b), as amended by 1998 PA 25.

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

Roll Call No. 84 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Second Reading of Bills

The House returned to the consideration of

House Bill No. 4295, entitled

(The bill was considered earlier today, see today’s Journal, p. 297.)

Rep. Rogers moved to amend the bill as follows:

1. Amend page 21, line 18, by striking out all of section 31G and inserting:

“SEC. 31G. (1) FROM THE GENERAL FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED TO THE DEPARTMENT FOR 2013-2014 THE AMOUNT OF $100.00 FOR A CONTRACT WITH A SINGLE PROVIDER TO PROVIDE AN ONLINE, RESEARCH-BASED, SECURE, PERSONAL USER HEALTH AND NUTRITION EDUCATION SOFTWARE PLATFORM IN A REPRESENTATIVE SAMPLE OF PILOT SCHOOLS IN THIS STATE, TO INCLUDE SCHOOLS OPERATED BY DISTRICTS, PUBLIC SCHOOL ACADEMIES, AND INTERMEDIATE DISTRICTS, FOR 3 SCHOOL YEARS. THE CONTRACT SHALL INCLUDE PLATFORM AND CONTENT DEVELOPMENT AND EVALUATION. THE DEPARTMENT SHALL OVERSEE A COMPETITIVE REQUEST FOR PROPOSALS PROCESS FOR THE CONTRACT, AND THE REQUEST FOR PROPOSALS SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING REQUIREMENTS:

(A) A MICHIGAN-BASED, PLATFORM-NEUTRAL, TECHNOLOGY-DRIVEN ONLINE PLATFORM THAT DOES NOT REQUIRE ADDITIONAL INFORMATION TECHNOLOGY RESOURCES BEYOND INTERNET ACCESS.

(2) THE FUNDS APPROPRIATED UNDER THIS SECTION ARE TO BE SPENT OVER 3 YEARS AND SHALL BE CONSIDERED A WORK PROJECT APPROPRIATION. ANY UNEXPENDED FUNDS FOR 2013‑2014 ARE CARRIED FORWARD INTO 2014-2015. THE PURPOSE OF THE WORK PROJECT IS AS DESCRIBED UNDER SUBSECTION (1). THE TOTAL ESTIMATED COST OF THESE PROJECTS IS $100.00. THE TENTATIVE ESTIMATED COMPLETION DATE OF THE WORK PROJECT IS SEPTEMBER 30, 2017.

(A) INCREASE IN THE NUMBER OF ACTIVE REGISTRANTS IN THE PROGRAM AND IN THE LENGTH OF PARTICIPATION BY REGISTRANTS IN THE PROGRAM.

(B) IMPROVEMENT AND INCREASE IN THE NUMBER OF HEALTHY OPTIONS SERVED TO PUPILS BY SCHOOL LUNCH PROGRAMS.

(C) INCREASE IN PARTICIPATION BY PUPILS IN SCHOOL ATHLETIC AND PHYSICAL ACTIVITIES.

(D) CONTINUED ALIGNMENT WITH THE DEPARTMENT OF COMMUNITY HEALTH’S MICHIGAN HEALTH AND WELLNESS 4X4 PLAN.

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

Rep. Haveman 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. 4295, 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. 85 Yeas—107

Abed Genetski Lane Roberts

Banks Glardon Lauwers Rogers

Barnett Goike LaVoy Rutledge

Bolger Graves Leonard Santana

Brinks Greimel Lipton Schmidt

Brown Haines Lori Schor

Brunner Haugh Lund Segal

Bumstead Haveman Lyons Shirkey

Callton Heise MacGregor Singh

Cavanagh Hobbs MacMaster Slavens

Clemente Hooker McCann Smiley

Cochran Hovey-Wright McCready Somerville

Cotter Howrylak Muxlow Stallworth

Crawford Irwin Nathan Stamas

Daley Jacobsen Nesbitt Stanley

Darany Jenkins O’Brien Switalski

Denby Johnson Oakes Talabi

Dianda Kandrevas Olumba Tlaib

Dillon Kelly Outman Townsend

Driskell Kesto Pagel VerHeulen

Durhal Kivela Pettalia Victory

Faris Knezek Phelps Walsh

Farrington Kosowski Poleski Yanez

Forlini Kowall Potvin Yonker

Foster Kurtz Price Zemke

Franz LaFontaine Pscholka Zorn

Geiss Lamonte Rendon

Nays—3

McBroom 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 amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11m, 20g, 21f, 22a, 22b, 22g, 51a, 51c, 99h, 101, and 147c (MCL 388.1611, 388.1611m, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622g, 388.1651a, 388.1651c, 388.1699h, 388.1701, and 388.1747c), sections 11 and 22a as amended and section 20g as added by 2013 PA 97, sections 11m, 22b, 22g, 51a, 51c, 101, and 147c as amended and section 99h as added by 2013 PA 60, and section 21f as amended by 2013 PA 130, and by adding sections 31b, 31g, 32r, 64d, and 94.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

Senate Bill No. 711, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4d (MCL 205.54d), as amended by 2008 PA 556.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 735, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4z (MCL 205.94z), as added by 2008 PA 555.

The bill was read a second time.

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, March 5:

House Bill Nos. 5379 5380 5381 5382 5383 5384 5385 5386 5387 5388 5389

Senate Bill Nos. 839 840 841 842 843 844 845 846 847 848 849 850 851

The Clerk announced that the following Senate bills had been received on Wednesday, March 5:

Senate Bill Nos. 805 806 807 808 809 810 811

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

House Bill No. 5342, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4d (MCL 205.94d), as amended by 2008 PA 439.

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

Nays: None

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 5, 2014

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

Absent: Rep. Switalski

Excused: Rep. Switalski

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stamas, Chair, of the Committee on Military and Veterans Affairs, was received and read:

Meeting held on: Wednesday, March 5, 2014

Present: Reps. Stamas, Haines, Kurtz, Hooker, Zorn, Graves, Santana, Darany, Slavens and Banks

Absent: Reps. Franz, Yanez and Kosowski

Excused: Reps. Franz, Yanez and Kosowski

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 5, 2014

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. Lyons, Chair, of the Committee on Education, was received and read:

Meeting held on: Wednesday, March 5, 2014

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 5, 2014

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

Absent: Rep. Farrington

Excused: Rep. Farrington

Messages from the Senate

Senate Bill No. 608, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, capital outlay, and the judicial branch for the fiscal year ending September 30, 2014; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The Senate has nonconcurred in the House substitute (H-2) and appointed Senators Kahn, Moolenaar and Anderson as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 805, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100b, 134a, 504, 515, 932, 1001a, 1003, 1003a, 1003b, 1003c, 1004, 1005d, and 1006 (MCL 330.1100b, 330.1134a, 330.1504, 330.1515, 330.1932, 330.2001a, 330.2003, 330.2003a, 330.2003b, 330.2003c, 330.2004, 330.2005d, and 330.2006), section 100b as amended by 2012 PA 500, section 134a as amended by 2010 PA 293, section 515 as amended by 1995 PA 290, sections 1001a, 1003a, 1003b, 1004, 1005d, and 1006 as amended and section 1003c as added by 1993 PA 252, and section 1003 as amended by 2007 PA 112.

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. 806, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 34b (MCL 400.734b), as amended by 2010 PA 292.

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. 807, entitled

A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 2 (MCL 550.52).

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. 808, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending section 410 (MCL 550.1410), as amended by 1998 PA 24.

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. 809, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 20a, 21a, and 36 of chapter VIII and section 15g of chapter XVII (MCL 768.20a, 768.21a, 768.36, and 777.15g), section 20a of chapter VIII as amended by 2006 PA 655, section 21a of chapter VIII as amended by 1994 PA 56, section 36 of chapter VIII as amended by 2002 PA 245, and section 15g of chapter XVII as amended by 2008 PA 16.

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. 810, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43515 (MCL 324.43515), as added by 1995 PA 57.

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. 811, entitled

A bill to amend 1981 PA 180, entitled “Older Michiganians act,” by amending section 6 (MCL 400.586), as amended by 1987 PA 35.

The Senate has passed the bill.

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

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 608, Reps. Haveman, Pscholka and Tlaib.

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 5269.

Rep. Dillon

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 5268.

Rep. Lipton

Messages from the Governor

Date: March 4, 2014

Time: 3:40 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4808 (Public Act No. 23, I.E.), being

An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending sections 16, 18, 200i, 204, 207, 209, 210, 211a, 316, 436, 520b, and 543f (MCL 750.16, 750.18, 750.200i, 750.204, 750.207, 750.209, 750.210, 750.211a, 750.316, 750.436, 750.520b, and 750.543f), sections 16 and 18 as amended by 2004 PA 213, sections 200i, 204, 207, 209, and 210 as amended by 2003 PA 257, section 211a as amended by 2004 PA 523, section 316 as amended by 2013 PA 39, section 436 as amended by 2002 PA 135, section 520b as amended by 2012 PA 372, and section 543f as added by 2002 PA 113.

(Filed with the Secretary of State March 4, 2014, at 4:16 p.m.)

Date: March 4, 2014

Time: 3:47 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5005 (Public Act No. 24, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 11503, 11505, and 11506 (MCL 324.11503, 324.11505, and 324.11506), sections 11503 and 11505 as amended by 2007 PA 212 and section 11506 as amended by 2012 PA 446, and by adding section 11521b.

(Filed with the Secretary of State March 4, 2014, at 4:18 p.m.)

Introduction of Bills

Reps. Cotter, McCready and Haveman introduced

House Bill No. 5390, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4012 (MCL 600.4012), as amended by 2012 PA 304.

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

Reps. McCready, Cotter and Haveman introduced

House Bill No. 5391, entitled

A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 408.477), as amended by 2012 PA 30.

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

Rep. Heise introduced

House Bill No. 5392, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1353.

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

Reps. Haines, Haveman, Lori, Schor, Stallworth, Cavanagh, Slavens, Segal, LaVoy, Potvin, Heise and Yanez introduced

House Bill No. 5393, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending section 4 (MCL 722.644), as amended by 2006 PA 236, and by adding section 2b.

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

Reps. Potvin, Brown, Brunner, Howrylak, Bumstead, Lamonte, Rendon, Townsend, Muxlow, Schmidt, MacMaster, Crawford, Zemke, Geiss, Dillon, Knezek, LaVoy, Haines, Driskell, Irwin, Singh, Schor and Kosowski introduced

House Bill No. 5394, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 253 and 254.

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

______

Rep. Schmidt moved that the House adjourn.

The motion prevailed, the time being 3:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, March 6, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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