No. 16

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Tuesday, February 22, 2011.

1:30 p.m.

The House was called to order by the Speaker.

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

Agema—present Gilbert—present Lipton—present Pscholka—present

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genetski—present Lindberg—present

e/d/s = entered during session

Rep. Anthony G. Forlini, from the 24th District, offered the following invocation:

“The Lord’s prayer,

God in Heaven, we should be respectful and prayerful in regards to anything and everything about You because of Your holy name.

We one day want to see You in Your home.

We understand that we need to act and display ourselves the way You want us to on Earth, which follows the roadmap to Heaven.

We ask that You provide us with the sustenance that we need, the necessities of life.

Bless our hearts with everything that we need to stay close to You.

May our peers refrain from condemning us on our mistakes and we will be kind in our judgment of theirs.

Please realize that we are human and may make mistakes throughout life.

The reality is that we understand that some people will choose to do harm against us and others.

We pray for them.

Do not let us have impure thoughts or take impure actions.

Help us make the right choices throughout our lives in order to continually bring us closer to You.

Peace Out.”

______

Rep. Lund moved that Rep. Damrow be excused from today’s session.

The motion prevailed.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

House Bill No. 4212, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8702, 8703, 8704, 8705, 8706, 8707, 8708, 8709, 8710, 8713, 8714, 8715, and 8716 (MCL 324.8702, 324.8703, 324.8704, 324.8705, 324.8706, 324.8707, 324.8708, 324.8709, 324.8710, 324.8713, 324.8714, 324.8715, and 324.8716), section 8703 as amended by 1995 PA 61, section 8707 as amended by 2000 PA 100, section 8715 as amended by 2008 PA 18, and section 8716 as amended by 2007 PA 174, and by adding section 8713a.

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

Roll Call No. 10 Yeas—91

Agema Goike Lindberg Price

Ananich Haines Liss Pscholka

Bolger Hammel Lori Rendon

Brunner Haugh Lund Rogers

Bumstead Haveman Lyons Santana

Byrum Heise MacGregor Schmidt, R.

Callton Hooker MacMaster Schmidt, W.

Cavanagh Horn McBroom Scott

Clemente Hovey-Wright McCann Segal

Constan Howze McMillin Shaughnessy

Cotter Hughes Melton Shirkey

Crawford Huuki Moss Slavens

Daley Jackson Muxlow Smiley

Darany Jacobsen Nesbitt Somerville

Denby Jenkins O’Brien Stamas

Dillon Johnson Oakes Stanley

Farrington Kandrevas Olson Stapleton

Forlini Knollenberg Opsommer Talabi

Foster Kowall Ouimet Tyler

Franz Kurtz Outman Walsh

Genetski LaFontaine Pettalia Yonker

Gilbert Lane Poleski Zorn

Glardon LeBlanc Potvin

Nays—18

Barnett Geiss Nathan Switalski

Bauer Hobbs Olumba Tlaib

Bledsoe Irwin Rutledge Townsend

Brown Lipton Stallworth Womack

Durhal Meadows

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.

Reps. Agema, Brunner, Cotter, Crawford, Franz, Gilbert, Haines, Haugh, Hooker, Huuki, Jacobsen, Knollenberg, LaFontaine, Lund, MacGregor, MacMaster, O’Brien, Oakes, Olson, Poleski, Santana, Segal, Shaughnessy, Somerville, Stamas and Walsh were named co‑sponsors of the bill.

House Bill No. 4213, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8801, 8802, 8805, 8806, and 8807 (MCL 324.8801, 324.8802, 324.8805, 324.8806, and 324.8807), as added by 1998 PA 287, and by adding section 3109d.

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

Roll Call No. 11 Yeas—85

Agema Haines Lori Price

Ananich Hammel Lund Pscholka

Bolger Haugh Lyons Rendon

Brunner Haveman MacGregor Rogers

Bumstead Heise MacMaster Santana

Byrum Hooker McBroom Schmidt, R.

Callton Horn McCann Schmidt, W.

Clemente Hovey-Wright McMillin Scott

Constan Howze Melton Segal

Cotter Hughes Moss Shaughnessy

Crawford Huuki Muxlow Shirkey

Daley Jacobsen Nesbitt Slavens

Denby Jenkins O’Brien Somerville

Dillon Johnson Oakes Stamas

Farrington Kandrevas Olson Stanley

Forlini Knollenberg Opsommer Stapleton

Foster Kowall Ouimet Talabi

Franz Kurtz Outman Tyler

Genetski LaFontaine Pettalia Walsh

Gilbert LeBlanc Poleski Yonker

Glardon Liss Potvin Zorn

Goike

Nays—24

Barnett Durhal Lindberg Smiley

Bauer Geiss Lipton Stallworth

Bledsoe Hobbs Meadows Switalski

Brown Irwin Nathan Tlaib

Cavanagh Jackson Olumba Townsend

Darany Lane Rutledge Womack

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4215, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1280c (MCL 380.1280c), as added by 2009 PA 204.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4216, entitled

A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 303 (MCL 141.2303), as amended by 2002 PA 541.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4217, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 971 (MCL 168.971), as amended by 2003 PA 302.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4218, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 36a (MCL 117.36a), as added by 2003 PA 210.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4246, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending the title and section 15 (MCL 423.215), section 15 as amended by 2009 PA 201, and by adding section 15a.

The bill was read a second time.

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

The motion prevailed.

______

Rep. Segal moved that Rep. Womack be excused temporarily from today’s session.

The motion prevailed.

House Bill No. 4214, entitled

A bill to safeguard the continued financial viability of units of local government, including school districts; to preserve the capacity of units of local government to provide necessary services essential to the public health, safety, and welfare; to provide for review, management, planning, and control of the financial operation of units of local government, including school districts; to provide criteria to be used in determining the financial condition of units of local government, including school districts; to permit a declaration of the existence of a local government financial emergency and to prescribe the powers and duties of the governor, other state departments, boards, agencies, officials, and employees, and officials and employees of units of local government, including school districts; to provide for placing units of local government, including school districts, into state receivership; to provide for a review and appeal process; to provide for the appointment and to prescribe the powers and duties of an emergency manager; to require the development of financial plans to regulate expenditures and investments by units of local government, including school districts, in a state of financial stress or financial emergency; to provide for the suspension of collective bargaining under certain circumstances; to set forth the conditions for termination of a local government financial emergency; and to repeal acts and parts of acts.

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

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

Rep. Pscholka moved to amend the bill as follows:

1. Amend page 7, line 23, after “within” by striking out “3 months” and inserting “30 days”.

2. Amend page 20, following line 2, by inserting:

“(d) The local government entered into a consent agreement containing a continuing operations plan or recovery plan to resolve a financial problem, but materially breached that consent agreement.”.

3. Amend page 22, line 18, after “treasurer.” by inserting “The contract shall be posted on the department of treasury’s website within 7 days after the contract is approved by the state treasurer.”.

4. Amend page 28, line 18, after “fund” by inserting “does not include any funds received from bonding and”.

5. Amend page 30, line 6, after “necessary” by inserting “in the circuit court in which the local government is located or Ingham county circuit court”.

6. Amend page 31, line 9, after “fund” by inserting “does not include any funds received from bonding and”.

7. Amend page 32, line 26, after “fund” by inserting “does not include any funds received from bonding and”.

8. Amend page 33, line 8, after “fund” by inserting “does not include any funds received from bonding and”.

9. Amend page 35, line 10, after “district.” by inserting “The power under this subdivision includes the closing of schools or other school buildings in the school district.”.

10. Amend page 35, following line 19, by inserting:

“(h) Employ or contract for, at the expense of the school district and with the approval of the state financial authority, school administrators considered necessary to implement this act.”.

11. Amend page 36, line 9, after the first “of” by striking out “$10,000.00” and inserting “$1,000.00”.

12. Amend page 36, line 11, after “of” by striking out “$5,000.00” and inserting “$1,000.00”.

13. Amend page 36, line 15, after the first “of” by striking out “$10,000.00” and inserting “$1,000.00”.

14. Amend page 36, following line 19, by inserting:

“(f) A copy of the contract with the emergency manager as provided in section 15(5)(f).

(g) The salary and benefits of the emergency manager. If the emergency manager is a firm, the salary and benefits for each employee in the firm engaged in the contract shall be listed separately.

(h) The financial and operating plan as required under section 18.”.

15. Amend page 36, line 21, after “every” by striking out “6” and inserting “3”.

16. Amend page 39, line 1, after “of” by striking out “the local” and inserting “a municipal”.

17. Amend page 39, line 4, after the first “the” by striking out “local” and inserting “municipal”.

18. Amend page 39, line 8, after “141.917a.” by inserting “The failure of a school district that is or was in receivership to remit to the attorney general the costs incurred by the attorney general within 30 days after written notice to the school district from the attorney general of the costs is a debt owed to this state and shall be recovered by the state treasurer as provided in the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.”.

19. Amend page 40, line 22, after “of” by striking out “the local” and inserting “a municipal”.

20. Amend page 41, line 1, after “141.917a.” by inserting “The failure of a school district to honor and remit the legal expenses of a former emergency manager or employee, agent, appointee, or contractor of the emergency manager as required by this section is a debt owed to this state and shall be recovered by the state treasurer as provided in the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772.”.

21. Amend page 43, line 24, by striking out all of enacting section 2 and inserting:

“Enacting section 2. This act does not take effect unless House Bill No. 4246 of the 96th Legislature is enacted into law.”.

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

Rep. Barnett moved to amend the bill as follows:

1. Amend page 22, line 18, after “treasurer.” by inserting “Except as otherwise provided in this subdivision, the annual compensation of the emergency manager shall not exceed the annual salary of the governor of this state as determined by the state officers compensation commission under 1968 PA 357, MCL 15.211 to 15.218. If the state treasurer determines that additional compensation is needed to retain the emergency manager, the state treasurer may, after giving notice to the local government, petition the circuit court in which the local government is located for an order granting additional compensation to the emergency manager. The circuit court may grant the order upon a showing by the state treasurer that the state treasurer is unable to retain the emergency manager under the terms described in this act and extraordinary circumstances exist that justify additional compensation for the emergency manager.”.

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

Rep. Stanley moved to amend the bill as follows:

1. Amend page 27, line 12, by striking out all of subdivision (j) and inserting:

“(j) Negotiate, renegotiate, approve, and enter into contracts on behalf of the local government.”.

2. Amend page 34, line 24, by striking out all of subdivision (a) and relettering the remaining subdivisions.

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

Rep. Stanley demanded the yeas and nays.

The demand was supported.

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

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 12 Yeas—46

Ananich Durhal Lindberg Schmidt, R.

Barnett Geiss Lipton Segal

Bauer Hammel Liss Slavens

Bledsoe Haugh McCann Smiley

Brown Hobbs Meadows Stallworth

Brunner Hovey-Wright Melton Stanley

Byrum Howze Nathan Stapleton

Cavanagh Irwin Oakes Switalski

Clemente Jackson Olumba Talabi

Constan Kandrevas Rutledge Tlaib

Darany Lane Santana Townsend

Dillon LeBlanc

Nays—62

Agema Haines Lyons Potvin

Bolger Haveman MacGregor Price

Bumstead Heise MacMaster Pscholka

Callton Hooker McBroom Rendon

Cotter Horn McMillin Rogers

Crawford Hughes Moss Schmidt, W.

Daley Huuki Muxlow Scott

Denby Jacobsen Nesbitt Shaughnessy

Farrington Jenkins O’Brien Shirkey

Forlini Johnson Olson Somerville

Foster Knollenberg Opsommer Stamas

Franz Kowall Ouimet Tyler

Genetski Kurtz Outman Walsh

Gilbert LaFontaine Pettalia Yonker

Glardon Lori Poleski Zorn

Goike Lund

In The Chair: Walsh

Rep. Nathan moved to amend the bill as follows:

1. Amend page 15, following line 3, by inserting:

“(4) Not later than 5 days after the department of treasury has notice that a local government is in a condition of severe financial stress, the department of treasury shall post on its website notice the name of the local government that is in a condition of severe financial stress and the reasons why it is in a condition of severe financial stress.”.

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

Rep. Stanley moved to amend the bill as follows:

1. Amend page 22, line 3, after “manager” by striking out “may” and inserting “shall”.

2. Amend page 22, line 3, after “individual” by striking out the balance of the subdivision and inserting a period.

3. Amend page 22, line 7, after “manager” by striking out the balance of the line through “firm,” on line 8.

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

Rep. Stanley demanded the yeas and nays.

The demand was supported.

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

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 13 Yeas—46

Ananich Durhal Lindberg Schmidt, R.

Barnett Geiss Lipton Segal

Bauer Hammel Liss Slavens

Bledsoe Haugh McCann Smiley

Brown Hobbs Meadows Stallworth

Brunner Hovey-Wright Melton Stanley

Byrum Howze Nathan Stapleton

Cavanagh Irwin Oakes Switalski

Clemente Jackson Olumba Talabi

Constan Kandrevas Rutledge Tlaib

Darany Lane Santana Townsend

Dillon LeBlanc

Nays—62

Agema Haines Lyons Potvin

Bolger Haveman MacGregor Price

Bumstead Heise MacMaster Pscholka

Callton Hooker McBroom Rendon

Cotter Horn McMillin Rogers

Crawford Hughes Moss Schmidt, W.

Daley Huuki Muxlow Scott

Denby Jacobsen Nesbitt Shaughnessy

Farrington Jenkins O’Brien Shirkey

Forlini Johnson Olson Somerville

Foster Knollenberg Opsommer Stamas

Franz Kowall Ouimet Tyler

Genetski Kurtz Outman Walsh

Gilbert LaFontaine Pettalia Yonker

Glardon Lori Poleski Zorn

Goike Lund

In The Chair: Walsh

Rep. Constan moved to amend the bill as follows:

1. Amend page 32, line 26, by striking out all of subdivision (ee) and relettering the remaining subdivisions.

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

Rep. Constan demanded the yeas and nays.

The demand was supported.

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

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 14 Yeas—46

Ananich Durhal Lindberg Schmidt, R.

Barnett Geiss Lipton Segal

Bauer Hammel Liss Slavens

Bledsoe Haugh McCann Smiley

Brown Hobbs Meadows Stallworth

Brunner Hovey-Wright Melton Stanley

Byrum Howze Nathan Stapleton

Cavanagh Irwin Oakes Switalski

Clemente Jackson Olumba Talabi

Constan Kandrevas Rutledge Tlaib

Darany Lane Santana Townsend

Dillon LeBlanc

Nays—62

Agema Haines Lyons Potvin

Bolger Haveman MacGregor Price

Bumstead Heise MacMaster Pscholka

Callton Hooker McBroom Rendon

Cotter Horn McMillin Rogers

Crawford Hughes Moss Schmidt, W.

Daley Huuki Muxlow Scott

Denby Jacobsen Nesbitt Shaughnessy

Farrington Jenkins O’Brien Shirkey

Forlini Johnson Olson Somerville

Foster Knollenberg Opsommer Stamas

Franz Kowall Ouimet Tyler

Genetski Kurtz Outman Walsh

Gilbert LaFontaine Pettalia Yonker

Glardon Lori Poleski Zorn

Goike Lund

In The Chair: Walsh

Rep. Townsend moved to amend the bill as follows:

1. Amend page 28, line 17, by striking out all of subdivision (l) and relettering the remaining subdivisions.

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

Rep. Melton moved to amend the bill as follows:

1. Amend page 33, following line 26, by inserting:

“(3) Except as otherwise provided in this subsection, any contract involving a cumulative value of $50,000.00 or more is subject to competitive bidding by an emergency manager. However, if a potential contract involves a cumulative value of $50,000.00 or more, the emergency manager may submit the potential contract to the state treasurer for review and the state treasurer may authorize that the potential contract is not subject to competitive bidding.”.

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

Rep. Melton demanded the yeas and nays.

The demand was supported.

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

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 15 Yeas—108

Agema Gilbert Lindberg Price

Ananich Glardon Lipton Pscholka

Barnett Goike Liss Rendon

Bauer Haines Lori Rogers

Bledsoe Hammel Lund Rutledge

Bolger Haugh Lyons Santana

Brown Haveman MacGregor Schmidt, R.

Brunner Heise MacMaster Schmidt, W.

Bumstead Hobbs McBroom Scott

Byrum Hooker McCann Segal

Callton Horn McMillin Shaughnessy

Cavanagh Hovey-Wright Meadows Shirkey

Clemente Howze Melton Slavens

Constan Hughes Moss Smiley

Cotter Huuki Muxlow Somerville

Crawford Irwin Nathan Stallworth

Daley Jackson Nesbitt Stamas

Darany Jacobsen O’Brien Stanley

Denby Jenkins Oakes Stapleton

Dillon Johnson Olson Switalski

Durhal Kandrevas Olumba Talabi

Farrington Knollenberg Opsommer Tlaib

Forlini Kowall Ouimet Townsend

Foster Kurtz Outman Tyler

Franz LaFontaine Pettalia Walsh

Geiss Lane Poleski Yonker

Genetski LeBlanc Potvin Zorn

Nays—0

In The Chair: Walsh

Rep. Stapleton moved to amend the bill as follows:

1. Amend page 4, line 6, after “county,” by inserting “or”.

2. Amend page 4, line 7, after “law” by striking out the balance of the subdivision and inserting a period.

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

Rep. Townsend moved to amend the bill as follows:

1. Amend page 43, line 16, by striking out all of section 31 and inserting:

“Sec. 31. The provisions of this act are nonseverable.”.

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

Rep. Melton moved to amend the bill as follows:

1. Amend page 35, following line 19, by inserting:

“Sec. 20d. Notwithstanding any other act to the contrary, this state shall not cut revenue sharing to a local government while an emergency manager is appointed and operating under this act for that local government.”.

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

Rep. Price moved to amend the bill as follows:

1. Amend page 35, following line 19, by inserting:

“Sec. 20c. Unless the potential sale and value of an asset is included in the emergency manager’s financial and operating plan prepared under section 18, the emergency manager shall not sell an asset of the local government valued at more than $50,000.00 without the state treasurer’s approval.”.

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

Rep. Melton moved to amend the bill as follows:

1. Amend page 36, line 1, by striking out all of section 22 and inserting:

“Sec. 22. (1) An emergency manager appointed under this act shall file with the governor, the senate majority leader, the speaker of the house of representatives, and the clerk of the local government that is in receivership, and shall post on the Internet on the website of the local government, a report that contains all of the following:

(a) A description of each expenditure made, approved, or disapproved during the reporting period and the source of the funds.

(b) A list of each contract that the emergency manager awarded or approved, the purpose of the contract, and the identity of the contractor.

(c) A description of each loan sought, approved, or disapproved during the reporting period and the proposed use of the funds.

(d) A description of any new position created or any vacancy in a permanent position filled by the appointing authority.

(e) A description of any position that has been eliminated or from which an employee has been laid off.

(2) The report required under this section shall be submitted monthly, beginning 2 months after the emergency manager’s appointment.”.

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

Rep. Pscholka 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 and joint resolution had been printed and placed upon the files of the members on Friday, February 18:

House Bill Nos. 4283 4284 4285 4286 4287 4288 4289 4290 4291 4292 4293 4294 4295 4296

4297 4298 4299 4300 4301 4302 4303

House Joint Resolution K

Senate Bill Nos. 160 161 162 163 164 165 166 167 168

The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, February 22:

Senate Bill Nos. 188 189

The Clerk announced that the following Senate bills had been received on Tuesday, February 22:

Senate Bill Nos. 110 139

Reports of Standing Committees

The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported

House Resolution No. 14.

A resolution to express support for the Attorney General’s efforts to accelerate federal government efforts to devise a plan to prevent Asian carp from invading the Great Lakes and to call on the Snyder administration and the Obama administration to take all necessary actions to prevent the invasion.

(For text of resolution, see House Journal No. 8, p. 103.)

With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 14.

A resolution to express support for the Attorney General’s efforts to accelerate federal government efforts to devise a plan to prevent Asian carp from invading the Great Lakes, to express support for the Snyder administration’s efforts to prevent Asian carp from invading the Great Lakes, and to call on the Obama administration to take all necessary actions to prevent the invasion.

Whereas, The Great Lakes region continues to confront the imminent threat of an Asian carp invasion with potentially dire consequences. A successful invasion of the Great Lakes could have a devastating effect on the multibillion dollar Great Lakes fishing and boating industry and way of life on the Lakes; and

Whereas, The only long-term answer to preventing Asian carp and future invaders from entering the Great Lakes is preventing them from ever reaching the Lakes. The electrical barrier separating the Great Lakes basin from the Mississippi River basin has proven itself unreliable, protecting neither system from the exchange of aquatic invaders. The only reliable solution is the permanent separation of the basins by ending the man-made connection between them; and

Whereas, Michigan’s new Attorney General has recently committed to continue to lead the Great Lakes region’s fight against Asian carp. Michigan, with the backing of four other Great Lakes states, has fought in federal court for the permanent separation of the Great Lakes basin from the Mississippi River basin and called for the federal government to expedite its study of the problem; and

Whereas, The Snyder administration is also committed to continue to lead the Great Lakes region’s fight against Asian carp by advocating for an ecological barrier between the Great Lakes watershed and the Mississippi River system; and

Whereas, Every moment lost in addressing the Asian carp threat is more time for them to gain a foothold in the Great Lakes. Four years is too long to wait for the federal government to study the problem and take decisive action. Once established, the Great Lakes states and the federal government face the prospect of decade upon decade of expensive government programs to control and manage carp; now, therefore, be it

Resolved by the House of Representatives, That we express support for the Michigan Attorney General’s efforts to accelerate federal government efforts to devise a plan to prevent Asian carp from invading the Great Lakes, and we call on the Obama administration to take all necessary actions to prevent the invasion; and be it further

Resolved, That we express support for the efforts of the Office of the Great Lakes in the Department of Natural Resources and Environment to focus attention on the importance of protecting the Great Lakes from Asian carp and other aquatic invasive species; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, the Michigan Attorney General, the President of the United States, and the members of the Michigan congressional delegation.

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens

Nays: None

The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported

House Resolution No. 15.

A resolution to urge the Congress of the United States to make every effort to expedite and fund the Great Lakes and Mississippi River Basin Interbasin Study and to ensure Asian carp do not invade the Great Lakes.

(For text of resolution, see House Journal No. 8, p. 104.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens

Nays: None

The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported

House Resolution No. 16.

A resolution to urge the U.S. Congress and the U.S. Army Corps of Engineers to take immediate actions to prevent the Asian carp from entering the Great Lakes and to develop long-term strategies to address this problem.

(For text of resolution, see House Journal No. 8, p. 104.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens

Nays: None

The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported

House Concurrent Resolution No. 7.

A concurrent resolution to urge the U.S. Congress and the U.S. Army Corps of Engineers to take immediate actions to prevent the Asian carp from entering the Great Lakes and to develop long-term strategies to address this problem.

(For text of concurrent resolution, see House Journal No. 15, p. 180.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens

Nays: None

The Committee on Natural Resources, Tourism, and Outdoor Recreation, by Rep. Foster, Chair, reported

House Concurrent Resolution No. 8.

A concurrent resolution to urge the Congress of the United States to make every effort to expedite and fund the Great Lakes and Mississippi River Basin Interbasin Study and to ensure Asian carp do not invade the Great Lakes.

(For text of concurrent resolution, see House Journal No. 15, p. 180.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Foster, Chair, of the Committee on Natural Resources, Tourism, and Outdoor Recreation, was received and read:

Meeting held on: Tuesday, February 22, 2011

Present: Reps. Foster, Huuki, Wayne Schmidt, Hughes, Johnson, Pettalia, Haugh, Stapleton, Bledsoe and Slavens

Absent: Rep. Damrow

Excused: Rep. Damrow

The Committee on Energy and Technology, by Rep. Horn, Chair, reported

House Resolution No. 19.

A resolution to memorialize the United States Congress to take immediate steps to impose a moratorium on greenhouse gas, air quality, and other regulatory actions by the Environmental Protection Agency.

(For text of resolution, see House Journal No. 10, p. 121.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Horn, Shirkey, Opsommer, Crawford, Haveman, Kowall, Franz, Jacobsen, McBroom, Nesbitt, Outman, Price, Zorn and Brunner

Nays: Reps. Roy Schmidt, Santana, Irwin, Melton, Cavanagh, Smiley and Switalski

The Committee on Energy and Technology, by Rep. Horn, Chair, reported

House Concurrent Resolution No. 4.

A concurrent resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to do everything necessary to allow the Yucca Mountain repository to begin accepting high-level nuclear waste.

(For text of concurrent resolution, see House Journal No. 12, p. 144.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Horn, Shirkey, Opsommer, Crawford, Haveman, Kowall, Franz, Jacobsen, McBroom, Nesbitt, Outman, Price, Zorn, Roy Schmidt, Santana, Irwin, Brunner, Melton, Cavanagh, Smiley and Switalski

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Horn, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Tuesday, February 22, 2011

Present: Reps. Horn, Shirkey, Opsommer, Crawford, Haveman, Kowall, Franz, Jacobsen, McBroom, Nesbitt, Outman, Price, Zorn, Roy Schmidt, Santana, Irwin, Brunner, Melton, Cavanagh, Smiley and Switalski

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

House Bill No. 4248, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 1 (MCL 125.1651), as amended by 2008 PA 225.

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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Shirkey, Farrington, Glardon, Shaughnessy, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente and Melton

Nays: Rep. Lund

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 22, 2011

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

Absent: Rep. Olumba

Excused: Rep. Olumba

The Committee on Oversight, Reform, and Ethics, by Rep. McMillin, Chair, reported

House Bill No. 4159, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 35 (MCL 38.35), as added by 2010 PA 185.

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. McMillin, Jacobsen, Denby and Price

Nays: Rep. Brown

The Committee on Oversight, Reform, and Ethics, by Rep. McMillin, Chair, reported

House Bill No. 4287, entitled

A bill to provide for fair and open competition in governmental construction contracts, grants, tax abatements, and tax credits; to prohibit requirements for certain terms in government contracts and contracts supported through government grants and tax subsidies and abatements; to prohibit expenditure of public funds under certain conditions; to prohibit certain terms in procurement documents for certain expenditures involving public facilities; and to provide for powers and duties of certain public officers, employees, and contractors.

With the recommendation that the bill be referred to the Committee on Commerce.

Favorable Roll Call

To Report Out:

Yeas: Reps. McMillin, Jacobsen, Denby, Price, Bledsoe and Brown

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Commerce.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 22, 2011

Present: Reps. McMillin, Jacobsen, Denby, Price, Bledsoe and Brown

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 17, 2011

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 17, 2011

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lund, Chair, of the Committee on Redistricting and Elections, was received and read:

Meeting held on: Tuesday, February 22, 2011

Present: Reps. Lund, McBroom, Knollenberg, Scott, Tyler, Outman, Byrum, Nathan and Stanley

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Kurtz, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Tuesday, February 22, 2011

Present: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens, Lane and Stapleton

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Franz, Vice-Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:

Meeting held on: Tuesday, February 22, 2011

Present: Reps. Franz, Haines, Tyler, Callton, Zorn, Nathan, Darany, Smiley, Liss and Clemente

Absent: Rep. Damrow

Excused: Rep. Damrow

Messages from the Senate

Senate Bill No. 110, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88b (MCL 125.2088b), as amended by 2010 PA 271.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Senate Bill No. 139, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 367b, 371, 384, 386, and 423 (MCL 18.1367b, 18.1371, 18.1384, 18.1386, and 18.1423), section 367b as amended by 2007 PA 183, section 371 as amended by 2007 PA 2, and sections 384 and 386 as amended by 1999 PA 8.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Rogers, Crawford, Pscholka, Damrow, Denby, Haugh, Hooker, Horn, Wayne Schmidt and Bumstead introduced

House Bill No. 4304, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7ll.

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

Reps. Agema, Hooker, Pettalia, Genetski, Franz, Huuki, Knollenberg, Johnson, Forlini, Glardon, Zorn, Potvin, Opsommer, Damrow, Rogers, Lori and Scott introduced

House Bill No. 4305, entitled

A bill to provide for the determination of the immigration status of persons present in this state under certain circumstances; to allow for the enforcement of immigration laws in this state and the detaining and transportation of persons unlawfully present in the United States; to allow for certain civil actions; and to provide for certain civil fines and criminal penalties.

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

Reps. Agema, Poleski, McMillin, LaFontaine, Goike, Jacobsen, Bumstead, Scott, Franz, Price, O’Brien, Crawford, Shaughnessy, Rogers and Lori introduced

House Bill No. 4306, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1245.

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

Reps. Bumstead, Cotter, Huuki, McBroom, Johnson, Hughes, Wayne Schmidt, Foster, Agema, MacMaster, Price, Hooker, Potvin, Rendon and Pettalia introduced

House Bill No. 4307, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 4 (MCL 408.1004).

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

Reps. Roy Schmidt, Dillon and Haugh introduced

House Bill No. 4308, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 321a (MCL 257.321a), as amended by 2004 PA 362.

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

Rep. Kowall introduced

House Bill No. 4309, entitled

A bill to amend 1988 PA 57, entitled “An act to provide for the incorporation by 2 or more municipalities of certain authorities for the purpose of providing emergency services to municipalities; to provide for the powers and duties of authorities and of certain state and local agencies and officers; to guarantee certain labor contracts and employment rights in regard to the formation and reorganization of authorities; to provide for certain condemnation proceedings; to provide for fees; to provide for the levy of property taxes for certain purposes; and to prescribe penalties and provide remedies,” by amending the title and section 10 (MCL 124.610), the title as amended by 2006 PA 652.

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

Rep. Denby introduced

House Bill No. 4310, entitled

A bill to amend 1967 PA 204, entitled “Metropolitan transportation authorities act of 1967,” by amending section 13 (MCL 124.413).

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

Reps. Opsommer and Denby introduced

House Bill No. 4311, entitled

A bill to amend 1967 (Ex Sess) PA 8, entitled “An act to provide for intergovernmental transfers of functions and responsibilities,” by amending section 4 (MCL 124.534).

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

Reps. Hooker and Denby introduced

House Bill No. 4312, entitled

A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending section 5 (MCL 124.505), as amended by 1985 PA 10.

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

Reps. Constan, Geiss, Womack, Stallworth, Liss, Oakes, Durhal, Lindberg, Tlaib, Darany, Heise and Santana introduced

House Bill No. 4313, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8121 (MCL 600.8121), as amended by 2001 PA 258.

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

Reps. Horn and Roy Schmidt introduced

House Bill No. 4314, entitled

A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending sections 101, 102, 103, 202, 205, 210, 211a, 213, 303, 305, 305b, 309, 310a, 313, 315, 316, 401, 503, and 601 (MCL 484.2101, 484.2102, 484.2103, 484.2202, 484.2205, 484.2210, 484.2211a, 484.2213, 484.2303, 484.2305, 484.2305b, 484.2309, 484.2310a, 484.2313, 484.2315, 484.2316, 484.2401, 484.2503, and 484.2601), sections 101, 102, 103, 202, 205, 210, 213, 303, 305, 309, 315, 316, and 401 as amended and sections 211a, 305b, and 310a as added by 2005 PA 235 and sections 503 and 601 as amended by 2000 PA 295; and to repeal acts and parts of acts.

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

Reps. Price, Genetski and Haveman introduced

House Bill No. 4315, entitled

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

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

Announcements by the Clerk

February 17, 2011

Received from the Auditor General a copy of the Comprehensive Annual Financial Report of the Bureau of State Lottery for the fiscal years ended September 30, 2010 and 2009.

Gary L. Randall

Clerk of the House

Rep. Shirkey moved that the House adjourn.

The motion prevailed, the time being 3:45 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, February 23, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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