No. 77

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Tuesday, December 4, 2012.

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 LeBlanc—present Price—present

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genetski—present Lane—present

e/d/s = entered during session

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

“O Lord, Our Lord, How majestic is Your name in all the earth.

You have promised to all who seek, understanding, patience and peace.

Our deliberations are in need of Your wisdom, Your direction and Your will as we fulfill our responsibility to be wise and prudent servants to those we serve.

Grant to each one in this chamber, character and care. Care for one another and care for the future of our great state.

At the end of our day, may we hear You say; ‘well done thou good and faithful servant.’

Amen.”

______

Rep. Segal moved that Reps. Olumba, Jackson, Stallworth, Townsend and Womack be excused from today’s session.

The motion prevailed.

______

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

______

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

The motion prevailed.

Comments and Recommendations

Rep. Stamas moved that the following remarks be printed in the Journal.

The motion prevailed.

Rep. Knollenberg:

“Thank you Mr. Speaker and members of the House of Representatives for the opportunity to share my farewell speech.

While it seems like just yesterday that I was first elected, it also seems like I’ve been doing this forever as well.

As I leave the legislature, it is with a great deal of gratitude that I share my perspective of what this opportunity to serve means to me.

The best way to do this is to share some of my experiences during my time here.

Most interesting experience certainly was the 2007 budget showdown tops the list. Let me explain. Number one: who would have thought a legislator that was in Russia for ten days of the shutdown would easily win reelection and go on to earn the respect of conservatives and tea partiers and become national committeeman? For the record the Speaker of the House told him that the budget would be done by then. (I doubt that anyone has or will plan a trip in that fashion after that unpredictable event). Number two- Sleeping bags: Yes, Sleeping bags were rolled into the Capitol and members were catnapping in the House chambers. Most of us were spared newspaper footage but some members were not so fortunate and I felt for them. It could have been anyone of us. You third termers know what I mean. Number three- Session interfering with a Sunday morning fundraiser? Yes it is true. I agreed to host a fundraiser at my home for three local council candidates. This fundraiser was a Sunday morning brunch and we were given permission to leave the Capitol after being sequestered for several days and were told that we had to be back in about six hours. This gave me enough time to go home, work out for 30 minutes, shower, grab several days of clothes, say hello to the guests for about 5 minutes and drive back to Lansing in time for another sequestering episode. God bless Lori for being a trooper since she put the house together and had to host the event in my absence and we weren’t yet married.

How to Lobby- Two things: First thing- Lobbyist’s giving Sergeants pieces of paper asking us to go out to the hallway to be lobbied. First time this happened to me it reminded me of grade school when the principal wanted me out of the classroom and this wasn’t usually good thing. Second thing- Lobbyist approaches me in my third term and wants to get to know me (seems a little late for that) and oh by the way he wants me to back off on my bill that just passed out of committee which is on the fast track. This is not the best way to lobby.

Most interesting quote- First termer Coleman Young Jr. during 2007 debate on graduated income tax expressing to the house chamber that and I’m paraphrasing ‘What’s the big deal, none of my people are going to pay it and we should just pass it.’ The room burst out laughing. He was definitely voting his district.

Minority vs. Majority- I started my 1st term in the minority and became a part of the majority party finally in my 3rd term. I have to say that being in the minority really isn’t all that fun. Those of you that have been there know what I mean. I didn’t know how bad it was when instead of being called ‘Representative’ for my first four years I was now being called ‘Mr. Chairman’. This was definitely an eye opener.

On a serious note, I share these experiences because these are memories that we all relate to. Having said that though, none of it really matters. These are our experiences and our memories which are limited to inside the Lansing beltway.

The only thing that matters are the people that elected us. I am grateful to the Troy and Clawson citizens of the 41st district. I have tried to represent them and their interests. I truly believe that with almost 10 million people in our state we also have 10 million different opinions and I’ve tried to balance all of that and represent the 41st district the best that I know how. It has truly been an honor to represent and serve them. And I thank them.

There are a number of people that I need to thank:

• I start with my wife, Lori. We met over seven years ago and she wasn’t aware that I had filed to run for State Representative. I had filed about a month before meeting her. It wasn’t until about four months of dating that I told her that I was running and that campaigns are brutal and that this relationship may not last. She didn’t like the sound of that and was determined to stick it out and prove me wrong. You all know what I mean. It is a hard process for loved ones and family. We got married three years later and she has been very supportive of my service. I thank her and I love her.

• I also need to thank my parents Joe and Sandie Knollenberg who have been there for me and provided the mentoring, the integrity, the diplomacy, and the inspiration to serve. They are great role models. In addition I want to also thank my brother Steve for his support.

• I also need to thank all the policy, communications, legislative staff for the expertise on the issues and making sure that I was prepared with special thanks to Tim Lee, Mike Webber, Dominick Pallone and Joelle Demand.

• I also want to thank Mark Meadows and Ed Clemente for their fairness when they were Chairman of committees that I served on and for their respect to the minority members.

• I also want to acknowledge my good friend, Chet Zarko, who passed away while serving as my legislative aide. I have missed him and know that he is above looking down on all of us.

We’ve come a long way since 2007. I believe Michigan is in a better place. Budget is solid, unemployment is lower, incomes are higher, we have more capital investments and there is more hope for a brighter future. We still have a long way to go and I hope that the next legislature continues in that fashion.

Again, I thank you all for the opportunity to give my farewell and to thank my constituents. God Bless.”

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 311.

A resolution to express support for the Eaton Rapids School District and its plan for a Small School Nature Academy.

(For text of resolution, see House Journal No. 66, p. 2065.)

(The resolution was reported by the Committee on Education on November 28.)

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5284, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145d (MCL 750.145d), as amended by 2000 PA 185.

(The bill was received from the Senate on November 29, with substitute (S-1), consideration of which, under the rules, was postponed until today, see House Journal No. 76, p. 2420.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 664 Yeas—105

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shaughnessy

Clemente Hooker McCann Shirkey

Constan Horn McMillin Slavens

Cotter Hovey-Wright Meadows Smiley

Crawford Howze Moss Somerville

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jacobsen O’Brien Switalski

Dillon Jenkins Oakes Talabi

Durhal Johnson Olson Tlaib

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Yonker

Franz Kurtz Pettalia Zorn

Geiss

Nays—0

In The Chair: O’Brien

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Third Reading of Bills

Senate Bill No. 1039, entitled

A bill to authorize the state administrative board to exchange certain parcels of property in Jackson county; to prescribe certain conditions for the exchange; and to provide for disposition of revenue derived from the exchange.

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

Roll Call No. 665 Yeas—105

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shaughnessy

Clemente Hooker McCann Shirkey

Constan Horn McMillin Slavens

Cotter Hovey-Wright Meadows Smiley

Crawford Howze Moss Somerville

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jacobsen O’Brien Switalski

Dillon Jenkins Oakes Talabi

Durhal Johnson Olson Tlaib

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Yonker

Franz Kurtz Pettalia Zorn

Geiss

Nays—0

In The Chair: O’Brien

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.

Senate Bill No. 1133, entitled

A bill to authorize the state administrative board to convey certain parcels of state-owned property in Washtenaw county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.

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

Roll Call No. 666 Yeas—105

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shaughnessy

Clemente Hooker McCann Shirkey

Constan Horn McMillin Slavens

Cotter Hovey-Wright Meadows Smiley

Crawford Howze Moss Somerville

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jacobsen O’Brien Switalski

Dillon Jenkins Oakes Talabi

Durhal Johnson Olson Tlaib

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Yonker

Franz Kurtz Pettalia Zorn

Geiss

Nays—0

In The Chair: O’Brien

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. 6029, entitled

A bill to authorize the state administrative board to convey certain state-owned property in Grand Traverse and Otsego counties; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; to provide for disposition of revenue derived from the conveyances; and to authorize the state administrative board to transfer certain state-owned property in Jackson county from the state transportation department to the department of corrections.

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

Roll Call No. 667 Yeas—66

Agema Graves Lund Poleski

Bolger Haines Lyons Potvin

Bumstead Haveman MacGregor Price

Callton Heise MacMaster Pscholka

Cotter Hooker McBroom Rendon

Crawford Horn McMillin Rogers

Daley Hughes Moss Schmidt, R.

Damrow Huuki Muxlow Schmidt, W.

Denby Jacobsen Nathan Shaughnessy

Farrington Jenkins Nesbitt Shirkey

Forlini Johnson O’Brien Somerville

Foster Knollenberg Olson Stamas

Franz Kowall Opsommer Tyler

Genetski Kurtz Ouimet Walsh

Gilbert LaFontaine Outman Yonker

Glardon Lindberg Pettalia Zorn

Goike Lori

Nays—39

Ananich Darany Irwin Santana

Barnett Dillon Kandrevas Segal

Bauer Durhal Lane Slavens

Bledsoe Geiss LeBlanc Smiley

Brown Greimel Lipton Stanley

Brunner Hammel Liss Stapleton

Byrum Haugh McCann Switalski

Cavanagh Hobbs Meadows Talabi

Clemente Hovey-Wright Oakes Tlaib

Constan Howze Rutledge

In The Chair: O’Brien

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 authorize the state administrative board to convey certain state-owned property in Grand Traverse, Otsego, and Schoolcraft counties and to accept and convey certain other property in Grand Traverse county; to prescribe conditions for the acceptance and the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; to provide for disposition of revenue derived from the conveyances; and to authorize the state administrative board to transfer certain state-owned property in Jackson county from the state transportation department to the department of corrections.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 6030, entitled

A bill to authorize the state administrative board to convey certain parcels of state-owned property in Ingham, Schoolcraft, and Wayne counties; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; and to provide for disposition of revenue derived from the conveyances.

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

Roll Call No. 668 Yeas—105

Agema Genetski LaFontaine Poleski

Ananich Gilbert Lane Potvin

Barnett Glardon LeBlanc Price

Bauer Goike Lindberg Pscholka

Bledsoe Graves Lipton Rendon

Bolger Greimel Liss Rogers

Brown Haines Lori Rutledge

Brunner Hammel Lund Santana

Bumstead Haugh Lyons Schmidt, R.

Byrum Haveman MacGregor Schmidt, W.

Callton Heise MacMaster Segal

Cavanagh Hobbs McBroom Shaughnessy

Clemente Hooker McCann Shirkey

Constan Horn McMillin Slavens

Cotter Hovey-Wright Meadows Smiley

Crawford Howze Moss Somerville

Daley Hughes Muxlow Stamas

Damrow Huuki Nathan Stanley

Darany Irwin Nesbitt Stapleton

Denby Jacobsen O’Brien Switalski

Dillon Jenkins Oakes Talabi

Durhal Johnson Olson Tlaib

Farrington Kandrevas Opsommer Tyler

Forlini Knollenberg Ouimet Walsh

Foster Kowall Outman Yonker

Franz Kurtz Pettalia Zorn

Geiss

Nays—0

In The Chair: O’Brien

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 authorize the state administrative board to convey certain parcels of state-owned property in Ingham and Wayne counties; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; and to provide for disposition of revenue derived from the conveyances.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 5917, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 19 (MCL 408.1019), as amended by 1991 PA 105; and to repeal acts and parts of acts.

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

Roll Call No. 669 Yeas—64

Agema Goike Lori Poleski

Bolger Graves Lund Potvin

Bumstead Haines Lyons Price

Callton Haveman MacGregor Pscholka

Cotter Heise MacMaster Rendon

Crawford Hooker McBroom Rogers

Daley Horn McMillin Schmidt, R.

Damrow Hughes Moss Schmidt, W.

Denby Huuki Muxlow Shaughnessy

Farrington Jacobsen Nesbitt Shirkey

Forlini Jenkins O’Brien Somerville

Foster Johnson Olson Stamas

Franz Knollenberg Opsommer Tyler

Genetski Kowall Ouimet Walsh

Gilbert Kurtz Outman Yonker

Glardon LaFontaine Pettalia Zorn

Nays—41

Ananich Dillon Kandrevas Rutledge

Barnett Durhal Lane Santana

Bauer Geiss LeBlanc Segal

Bledsoe Greimel Lindberg Slavens

Brown Hammel Lipton Smiley

Brunner Haugh Liss Stanley

Byrum Hobbs McCann Stapleton

Cavanagh Hovey-Wright Meadows Switalski

Clemente Howze Nathan Talabi

Constan Irwin Oakes Tlaib

Darany

In The Chair: O’Brien

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. 5922, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending sections 4, 6, 11, 16, 21, and 69 (MCL 408.1004, 408.1006, 408.1011, 408.1016, 408.1021, and 408.1069), section 11 as amended by 1986 PA 80 and sections 16 and 21 as amended by 1991 PA 105; and to repeal acts and parts of acts.

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

Roll Call No. 670 Yeas—64

Agema Goike Lori Poleski

Bolger Graves Lund Potvin

Bumstead Haines Lyons Price

Callton Haveman MacGregor Pscholka

Cotter Heise MacMaster Rendon

Crawford Hooker McBroom Rogers

Daley Horn McMillin Schmidt, R.

Damrow Hughes Moss Schmidt, W.

Denby Huuki Muxlow Shaughnessy

Farrington Jacobsen Nesbitt Shirkey

Forlini Jenkins O’Brien Somerville

Foster Johnson Olson Stamas

Franz Knollenberg Opsommer Tyler

Genetski Kowall Ouimet Walsh

Gilbert Kurtz Outman Yonker

Glardon LaFontaine Pettalia Zorn

Nays—41

Ananich Dillon Kandrevas Rutledge

Barnett Durhal Lane Santana

Bauer Geiss LeBlanc Segal

Bledsoe Greimel Lindberg Slavens

Brown Hammel Lipton Smiley

Brunner Haugh Liss Stanley

Byrum Hobbs McCann Stapleton

Cavanagh Hovey-Wright Meadows Switalski

Clemente Howze Nathan Talabi

Constan Irwin Oakes Tlaib

Darany

In The Chair: O’Brien

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. 5830, entitled

A bill to amend 1964 PA 183, entitled “An act creating the state building authority with power to acquire, construct, furnish, equip, own, improve, enlarge, operate, mortgage, and maintain facilities for the use of the state or any of its agencies; to act as a developer or co-owner of facilities as a condominium project for the use of the state or any of its agencies; to authorize the execution of leases pertaining to those facilities by the building authority with the state or any of its agencies; to authorize the payment of true rentals by the state; to provide for the issuance of revenue obligations by the building authority to be paid from the true rentals to be paid by the state and other resources and security provided for and pledged by the building authority; to authorize the creation of funds; to authorize the conveyance of lands by the state or any of its agencies for the purposes authorized in this act; to authorize the appointment of a trustee for bondholders; to permit remedies for the benefit of parties in interest; to provide for other powers and duties of the authority; and to provide for other matters in relation to the authority and its obligations,” by amending sections 3, 5, 7, and 8 (MCL 830.413, 830.415, 830.417, and 830.418), sections 3 and 7 as amended by 2005 PA 67, section 5 as amended by 1994 PA 252, and section 8 as amended by 2002 PA 382.

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

Roll Call No. 671 Yeas—65

Agema Graves Lori Poleski

Bolger Haines Lund Potvin

Bumstead Haveman Lyons Price

Callton Heise MacGregor Pscholka

Cotter Hooker MacMaster Rendon

Crawford Horn McBroom Rogers

Daley Hughes McMillin Schmidt, R.

Damrow Huuki Moss Schmidt, W.

Denby Jacobsen Muxlow Shaughnessy

Farrington Jenkins Nesbitt Shirkey

Forlini Johnson O’Brien Somerville

Foster Knollenberg Olson Stamas

Franz Kowall Opsommer Tyler

Genetski Kurtz Ouimet Walsh

Gilbert LaFontaine Outman Yonker

Glardon LeBlanc Pettalia Zorn

Goike

Nays—40

Ananich Darany Irwin Rutledge

Barnett Dillon Kandrevas Santana

Bauer Durhal Lane Segal

Bledsoe Geiss Lindberg Slavens

Brown Greimel Lipton Smiley

Brunner Hammel Liss Stanley

Byrum Haugh McCann Stapleton

Cavanagh Hobbs Meadows Switalski

Clemente Hovey-Wright Nathan Talabi

Constan Howze Oakes Tlaib

In The Chair: O’Brien

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. 5831, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 248 and 249 (MCL 18.1248 and 18.1249), section 248 as amended by 1999 PA 8.

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

Roll Call No. 672 Yeas—65

Agema Graves Lori Poleski

Bolger Haines Lund Potvin

Bumstead Haveman Lyons Price

Callton Heise MacGregor Pscholka

Cotter Hooker MacMaster Rendon

Crawford Horn McBroom Rogers

Daley Hughes McMillin Schmidt, R.

Damrow Huuki Moss Schmidt, W.

Denby Jacobsen Muxlow Shaughnessy

Farrington Jenkins Nesbitt Shirkey

Forlini Johnson O’Brien Somerville

Foster Knollenberg Olson Stamas

Franz Kowall Opsommer Tyler

Genetski Kurtz Ouimet Walsh

Gilbert LaFontaine Outman Yonker

Glardon LeBlanc Pettalia Zorn

Goike

Nays—40

Ananich Darany Irwin Rutledge

Barnett Dillon Kandrevas Santana

Bauer Durhal Lane Segal

Bledsoe Geiss Lindberg Slavens

Brown Greimel Lipton Smiley

Brunner Hammel Liss Stanley

Byrum Haugh McCann Stapleton

Cavanagh Hobbs Meadows Switalski

Clemente Hovey-Wright Nathan Talabi

Constan Howze Oakes Tlaib

In The Chair: O’Brien

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 1984 PA 431, entitled “The management and budget act,” by amending sections 115, 221, 237a, 241, 242, 246, 248, 249, and 393 (MCL 18.1115, 18.1221, 18.1237a, 18.1241, 18.1242, 18.1246, 18.1248, 18.1249, and 18.1393), sections 115, 221, 242, 246, 248, and 393 as amended and section 237a as added by 1999 PA 8 and section 241 as amended by 2010 PA 22, and by adding sections 221a, 238, and 242a.

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.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

Senate Bill No. 1291, entitled

A bill to register and regulate certain providers of premises security, monitoring, and control systems; to provide for the assessment of registration fees; and to prescribe the powers and duties of certain state departments, agencies, officers, and political subdivisions.

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1292, entitled

A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending section 2 (MCL 338.1052), as amended by 2010 PA 68.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Resolution No. 330.

A resolution to declare December 6, 2012, as Utility Workers Safety Awareness Day in the state of Michigan.

(For text of resolution, see House Journal No. 75, p. 2313.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Horn, Shirkey, Opsommer, Crawford, Kowall, Franz, Jacobsen, Nesbitt, Price, Zorn, Roy Schmidt, Irwin, Brunner, Cavanagh, Smiley, Switalski, Greimel and Hobbs

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, December 4, 2012

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

Absent: Rep. Stallworth

Excused: Rep. Stallworth

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

Senate Bill No. 1210, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 4, 8, 13, 15, and 16 (MCL 125.2652, 125.2654, 125.2658, 125.2663, 125.2665, and 125.2666), section 2 as amended by 2010 PA 246, section 4 as amended by 2005 PA 101, section 8 as amended by 2000 PA 145, section 13 as amended by 2010 PA 288, section 15 as amended by 2007 PA 201, and section 16 as amended by 2007 PA 203, and by adding section 8a.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1267, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 28c (MCL 421.28c), as added by 2012 PA 216.

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, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Zorn, Switalski, Barnett, Clemente and Townsend

Nays: Rep. Somerville

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

Senate Bill No. 1272, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 13 (MCL 421.13), as amended by 2011 PA 269.

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, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Barnett, Clemente and Townsend

Nays: None

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, December 4, 2012

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

Absent: Reps. Gilbert and Olumba

Excused: Reps. Gilbert and Olumba

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

House Bill No. 5641, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 7 and 8d (MCL 722.627 and 722.628d), section 7 as amended by 2011 PA 70 and section 8d as amended by 2006 PA 618.

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. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens and Stapleton

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

House Bill No. 5763, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 23b, 23d, 23e, and 46 of chapter X (MCL 710.23b, 710.23d, 710.23e, and 710.46), section 46 as amended section 23b as added by 1994 PA 222, section 23d as amended by 2004 PA 487, and section 23e as amended by 2000 PA 55.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Hooker and Rendon

Nays: Reps. Slavens and Stapleton

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

House Bill No. 5764, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 5a.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Hooker and Rendon

Nays: Reps. Slavens and Stapleton

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

Senate Bill No. 467, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 4151, 4153, 4155, and 4165 (MCL 500.4151, 500.4153, 500.4155, and 500.4165), as added by 2006 PA 399, and by adding sections 4158, 4159, 4160, and 4161; and to repeal acts and parts of acts.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 13, line 18, by striking out all of enacting section 2 and inserting:

“Enacting section 2. This amendatory act takes effect June 1, 2013.”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon and Lane

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

Senate Bill No. 1132, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 24 of chapter X (MCL 710.24), as amended by 2004 PA 487.

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. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens and Stapleton

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

Senate Bill No. 1232, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712A.32) by adding chapter XIIB.

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

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

Senate Bill No. 1240, entitled

A bill to provide protection from civil liability to persons that provide court-appointed social services.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Hooker and Rendon

Nays: Reps. Slavens, Lane and Stapleton

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

Senate Bill No. 1242, 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 sections 2a and 10 (MCL 722.112a and 722.120), section 2a as amended by 2007 PA 217 and section 10 as amended by 2006 PA 206.

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. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens and Stapleton

Nays: None

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, December 4, 2012

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

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

Senate Bill No. 21, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 447.

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, Price and Brown

Nays: None

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

Senate Bill No. 802, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 373.

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. McMillin, Jacobsen, Denby and Price

Nays: None

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, December 4, 2012

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

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

House Bill No. 5544, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 226, 227, and 231 (MCL 750.226, 750.227, and 750.231), section 227 as amended by 1986 PA 8 and section 231 as amended by 2006 PA 401; and to repeal acts and parts of acts.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1021, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2150 and 2153 (MCL 324.2150 and 324.2153), section 2150 as amended by 1996 PA 585 and section 2153 as amended by 2004 PA 513.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson and Pettalia

Nays: Reps. Haugh and Stapleton

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

Senate Bill No. 1022, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2154 and 51106 (MCL 324.2154 and 324.51106), section 2154 as amended by 2011 PA 118 and section 51106 as amended by 2006 PA 382.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson and Pettalia

Nays: None

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

Senate Bill No. 1057, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 9301, 9302, 9304, 9307, 9308, and 9310 (MCL 324.9301, 324.9302, 324.9304, 324.9307, 324.9308, and 324.9310), sections 9301, 9302, 9304, 9308, and 9310 as amended by 1998 PA 463 and section 9307 as amended by 2004 PA 439, and by adding sections 51301, 51302, 51305, and 51306; and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1058, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8703, 8707, 8708, and 8709 (MCL 324.8703, 324.8707, 324.8708, and 324.8709), as amended by 2011 PA 2.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1059, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7jj and 27a (MCL 211.7jj[1] and 211.27a), section 7jj as added by 2006 PA 378 and section 27a as amended by 2012 PA 47.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1061, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 50301 and 50302 (MCL 324.50301 and 324.50302), as added by 1995 PA 57.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1062, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7dd (MCL 211.7dd), as amended by 2011 PA 320.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1206, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3131 (MCL 324.3131), as added by 1997 PA 29.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes, Johnson and Pettalia

Nays: None

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

Senate Bill No. 1261, entitled

A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending sections 2, 3, and 4 (MCL 409.302, 409.303, and 409.304), sections 2 and 3 as amended by 1994 PA 394 and section 4 as amended by 1985 PA 30, and by adding a heading for chapter I.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1262, entitled

A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending sections 5, 7, 8, and 9 (MCL 409.305, 409.307, 409.308, and 409.309), section 7 as amended by 1989 PA 50 and section 9 as amended by 1985 PA 30, and by adding section 6a.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1263, entitled

A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending section 13 (MCL 409.313) and by adding section 14 and chapter II; and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1264, entitled

A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” (MCL 409.301 to 409.313) by adding sections 25 and 26.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1265, entitled

A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending sections 11 and 12a (MCL 409.311 and 409.312a), section 12a as amended by 2007 PA 147.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1280, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 501, 503, 2131, and 2132 (MCL 324.501, 324.503, 324.2131, and 324.2132), section 503 as amended by 2012 PA 294, section 2131 as amended by 2006 PA 308, and section 2132 as amended by 2012 PA 240.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Huuki, Wayne Schmidt, Damrow, Hughes and Johnson

Nays: Reps. Haugh, Stapleton, Bledsoe and Slavens

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

Senate Bill No. 1287, entitled

A bill to amend 2006 PA 379, entitled “Qualified forest property recapture tax act,” by amending section 5 (MCL 211.1035).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 1350, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103, 40118, 43503, and 43507 (MCL 324.40103, 324.40118, 324.43503, and 324.43507), section 40103 as amended by 2000 PA 191, section 40118 as amended by 2000 PA 347, section 43503 as added by 1995 PA 57, and section 43507 as amended by 1996 PA 585, and by adding sections 40110b, 43528b, and 43540e.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Huuki, Damrow, Hughes, Johnson and Pettalia

Nays: Reps. Haugh and Bledsoe

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, December 4, 2012

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

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

House Bill No. 6058, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 952 and 961 (MCL 168.952 and 168.961), section 952 as amended by 1993 PA 137 and section 961 as amended by 2005 PA 71.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lund, McBroom, Knollenberg, Tyler, Outman, Pscholka and Stanley

Nays: None

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

House Bill No. 6059, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 963, 968, 969, 972, and 975 (MCL 168.963, 168.968, 168.969, 168.972, and 168.975), section 963 as amended by 2005 PA 71, section 968 as amended by 1989 PA 26, and section 972 as amended by 2004 PA 298, and by adding sections 971a and 973a; and to repeal acts and parts of acts.

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. Lund, McBroom, Tyler, Outman, Pscholka and Stanley

Nays: None

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

House Bill No. 6060, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 23, 952, and 961 (MCL 168.23, 168.952, and 168.961), section 23 as amended by 1982 PA 456, section 952 as amended by 1993 PA 137, and section 961 as amended by 2005 PA 71.

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. Lund, McBroom, Knollenberg, Tyler, Outman, Pscholka and Stanley

Nays: None

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

House Bill No. 6061, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 963 (MCL 168.963), as amended by 2005 PA 71.

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. Lund, McBroom, Knollenberg, Tyler, Outman, Pscholka and Stanley

Nays: None

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

House Bill No. 6063, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 952 (MCL 168.952), as amended by 1993 PA 137.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lund, McBroom, Knollenberg, Tyler, Outman, Pscholka and Stanley

Nays: None

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

Senate Bill No. 204, entitled

A bill to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 12 (MCL 46.412), as amended by 1982 PA 504.

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. Lund, Knollenberg, Tyler, Outman and Pscholka

Nays: Reps. Byrum, Nathan and Stanley

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

Senate Bill No. 810, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 4, 381, 642, and 642a (MCL 168.4, 168.381, 168.642, and 168.642a), section 4 as amended by 2010 PA 181, section 381 as amended by 2012 PA 276, and sections 642 and 642a as amended by 2011 PA 233; and to repeal acts and parts of acts.

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. Lund, Knollenberg, Tyler, Outman, Pscholka, Byrum, Nathan and Stanley

Nays: None

The Committee on Redistricting and Elections, by Rep. Lund, Chair, reported

Senate Bill No. 811, entitled

A bill to amend 1895 PA 3, entitled “The general law village act,” by amending sections 4 and 5 of chapter II and section 3 of chapter V (MCL 62.4, 62.5, and 65.3), section 4 of chapter II and section 3 of chapter V as amended by 2003 PA 305 and section 5 of chapter II as amended by 2004 PA 300.

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. Lund, Knollenberg, Tyler, Outman, Pscholka, Byrum, Nathan and Stanley

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 4, 2012

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

Absent: Rep. Stallworth

Excused: Rep. Stallworth

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 4, 2012

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

Absent: Reps. Foster and O’Brien

Excused: Reps. Foster and O’Brien

Notices

Pursuant to Rule 41, the Speaker has made the following re-referrals:

Senate Bill No. 1315 referred to the Committee on Judiciary on December 4, 2012.

Senate Bill No. 1328 referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation on December 4, 2012.

Messages from the Governor

The following message from the Governor was received December 4, 2012 and read:

EXECUTIVE ORDER

No. 2012 – 17

MICHIGAN DOMESTIC AND SEXUAL VIOLENCE PREVENTION

AND TREATMENT BOARD

MICHIGAN DOMESTIC VIOLENCE PREVENTION

AND TREATMENT BOARD

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, the Violence Against Women (“Violence Against Women Act”) and the Department of Justice Reauthorization Act of 2005, PL 109–162, January 5, 2006, 119 Stat 2960, provide federal dollars to address domestic and sexual violence; and

WHEREAS, the Violence Against Women Act addresses both domestic violence and sexual violence; and

WHEREAS, Congress enacted 42 USC 14043g, the Violence Against Women Act Sexual Assault Services Program grant to assist in providing intervention, advocacy, accompaniment, support services, and assistance to victims of sexual assault; and

WHEREAS, Act 389 of 1978, MCL 400.1501 to MCL 400.1511, established the Domestic Violence Prevention and Treatment Board; and

WHEREAS, the Michigan Domestic Violence Prevention and Treatment Board is the designated agency to administer and monitor grants under the Violence against Women Act Sexual Assault Services Program which supports nonprofit, nongovernmental sexual assault service provider organizations; and

WHEREAS, the goals and functions of the Domestic Violence Prevention and Treatment Board affect both domestic violence and sexual violence prevention and treatment; and

WHEREAS, the Michigan Domestic Violence Prevention and Treatment Board provides sexual assault funding to Sexual Assault Centers in Michigan; and

WHEREAS, MCL 400.1531 to 400.1535 delegated responsibility to the Michigan Domestic Violence Prevention and Treatment Board to expend money from the Sexual Assault Victims’ Medical Forensic Intervention and Treatment Fund; and

WHEREAS, MCL 722.1041 to 722.1044 delegated responsibility to the Michigan Domestic Violence Prevention and Treatment Board to expend money from the Children’s Advocacy Center Fund; and

WHEREAS, incorporating sexual abuse prevention and treatment into the Domestic Violence Prevention and Treatment Board will lead to more effective outcomes and greater administrative efficiency for domestic violence and sexual abuse victims;

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963, and the laws of the state of Michigan, order the following:

I. CREATION OF THE MICHIGAN DOMESTIC AND SEXUAL VIOLENCE PREVENTION AND TREATMENT BOARD

A. The Michigan Domestic and Sexual Violence Prevention and Treatment Board (“Board”) is created within the Department of Human Services (“Department”). The Director of the Department shall provide appropriate staff support for the Board, subject to available funding.

B. All of the authority, powers, duties, functions, and responsibilities of the Michigan Domestic Violence Prevention and Treatment Board established by Act 389 of 1978, MCL 400.1501 to MCL 400.1511 shall be transferred to the Michigan Domestic and Sexual Violence and Prevention Treatment Board created under Section I. A. of this Order. All records, personnel, property and unexpended balances of appropriations of the Michigan Domestic Violence Prevention and Treatment Board are transferred to the Michigan Domestic and Sexual Violence Prevention and Treatment Board.

C. The Michigan Domestic Violence Prevention and Treatment Board is abolished.

II. BOARD MEMBERSHIP

A. The Governor shall appoint a Michigan Domestic and Sexual Violence Prevention and Treatment Board consisting of seven (7) members, all of whom shall have experience in an area related to the problems of domestic violence and/or sexual violence. The members shall be appointed by the Governor with the advice and consent of the senate. The term of office of a member shall be three (3) years, except that of the members first appointed, two (2) shall serve for a term of one (1) year, two (2) shall serve for a term of two (2) years and three (3) shall serve for a term of three (3) years.

B. The Governor shall designate one member of the board to serve as chairperson. A majority of the members shall constitute a quorum.

C. A vacancy on the Board shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the remainder of the unexpired term.

D. The legislature shall establish per diem compensation and the schedule for reimbursement of expenses.

III. CHARGE TO THE BOARD

The Board shall do all of the following:

1. Coordinate and monitor programs and services funded under Act 389 of 1978, MCL 400.1501 to MCL 400.1511 or otherwise supported by funds expended by the board for the prevention of domestic and sexual violence and the treatment of victims of domestic and sexual violence.

2. Develop standards for the implementation and administration of services and procedures to prevent domestic and sexual violence, and to provide services and programs for victims of domestic and sexual violence.

3. Provide planning and technical assistance to prime sponsors for the development, implementation, and administration of programs and services for the prevention of domestic and sexual violence, and the treatment of victims of domestic and sexual violence.

4. Conduct research to develop and implement effective means for preventing domestic and sexual violence and treating victims of domestic and sexual violence.

5. Provide assistance to the Department of State Police in developing a system for monitoring and maintaining a uniform reporting system to provide accurate statistical data on domestic and sexual violence.

6. Coordinate educational and public informational programs for the purpose of developing appropriate public awareness regarding the problems of domestic and sexual violence; encourage professional persons and groups to recognize and deal with problems of domestic and sexual violence; to make information about the problems of domestic and sexual violence available to the public, organizations, and agencies that deal with problems of domestic and sexual violence; encourage the development of community programs to prevent domestic and sexual violence; and provide services to victims of domestic and sexual violence.

7. Study and recommend changes in civil and criminal laws and procedures that will enable victims of domestic and sexual violence to receive equitable and fair treatment under the law.

8. Advise the legislature and Governor on the nature, magnitude, and priorities of the problem of domestic and sexual violence, the needs of victims of domestic and sexual violence, and recommend appropriate changes in state laws and programs related to domestic and sexual violence.

9. Develop policies, budgets, and standards that will reduce the problem of domestic and sexual violence and improve the condition of victims.

10. Administer grants awarded pursuant to the Violence Against Women Act, the Family Violence Prevention and Services Act, and other governmental or non-governmental grants.

IV. MISCELLANEOUS

A. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

B. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this order.

This Executive Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 4th day of December, in the Year of our Lord Two Thousand Twelve.

RICHARD D. SNYDER

GOVERNOR

BY THE GOVERNOR:

RUTH A. JOHNSON

SECRETARY OF STATE

The message was referred to the Clerk.

Introduction of Bills

Reps. Slavens, Switalski and Brunner introduced

House Bill No. 6075, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20142, 20199, and 21755 (MCL 333.20142, 333.20199, and 333.21755).

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

Reps. Brunner and Switalski introduced

House Bill No. 6076, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 21766 and 21781 (MCL 333.21766 and 333.21781), section 21766 as amended by 2001 PA 243.

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

Reps. Cavanagh and Hovey-Wright introduced

House Bill No. 6077, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78h (MCL 211.78h), as amended by 2001 PA 96, and by adding section 78q.

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

Reps. Cavanagh, Ananich, Geiss, Kandrevas, Dillon and Hovey-Wright introduced

House Bill No. 6078, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.

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

______

The Speaker Pro Tempore assumed the Chair.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5732, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 510 (MCL 208.1510), as amended by 2011 PA 292.

The bill was read a second time.

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

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

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

The motion prevailed.

Senate Bill No. 873, entitled

A bill to amend 1933 PA 254, entitled “The motor carrier act,” (MCL 475.1 to 479.43) by adding section 21 to article V.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 264, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 6 (MCL 205.96), as amended by 2012 PA 117.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 972, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 44 (MCL 211.44), as amended by 2011 PA 126.

The bill was read a second time.

Rep. Gilbert moved to amend the bill as follows:

1. Amend page 2, line 3, after “TREASURER.” by inserting “HOWEVER, IF NOT LATER THAN 2 WEEKS BEFORE THE TAX BILL IS FINALIZED, A LOCAL TAX COLLECTING UNIT RECEIVES FROM THE COUNTY NOTICE THAT PREVIOUSLY DELINQUENT TAXES ON A PARCEL OF PROPERTY ARE NO LONGER DELINQUENT, THE STATEMENT FOR THAT PROPERTY UNDER THIS SUBSECTION IS NOT REQUIRED TO INCLUDE NOTICE OF THE FACT THAT AS OF MARCH 1 THERE WERE DELINQUENT TAXES ON THE PROPERTY, THAT THOSE DELINQUENT TAXES WERE RETURNED TO THE COUNTY TREASURER FOR COLLECTION, AND CONTACT INFORMATION FOR THE COUNTY TREASURER.”.

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

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

The motion prevailed.

Senate Bill No. 1148, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 9 (MCL 207.559), as amended by 2008 PA 516.

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

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

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

The motion prevailed.

Senate Bill No. 939, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 14.

The bill was read a second time.

Rep. Foster moved to amend the bill as follows:

1. Amend page 13, line 10, after “STATE” by inserting “LAW”.

2. Amend page 13, line 10, after “FEDERAL” by inserting “REGULATION OR”.

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

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

The motion prevailed.

Senate Bill No. 940, entitled

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

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 941, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 13537 and 13832.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 942, entitled

A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 23 (MCL 325.1023).

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 1031, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 52702 and 52706 (MCL 324.52702 and 324.52706), section 52702 as added by 1995 PA 57 and section 52706 as amended by 2006 PA 179.

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

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

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

The motion prevailed.

Senate Bill No. 1155, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5201, 5202, 5203, and 5204 (MCL 324.5201, 324.5202, 324.5203, and 324.5204), section 5201 as amended by 2005 PA 257, sections 5202 and 5203 as added by 2002 PA 397, and section 5204 as amended by 2010 PA 232, and by adding sections 5204e and 5204f.