No. 53

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Wednesday, June 8, 2011.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

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—excused 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—present 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. Sean McCann, from the 60th District, offered the following invocation:

“As we gather here today, let us pray together within our minds and each of us according to our individual beliefs.

Let us offer thanks for our nourishment, blessings for one another, and for absent friends and family.

Let us be a source of hope to those in need and of inspiration to our young people.

Let us give thanks for the great opportunity and honor in serving others.

Let us incorporate love, kindness, and humanity in all our actions.

Let us be honest and ethical in all our dealings.

Let us do good.

And, finally, let us try to live by the Golden Rule: Do unto others as you would have them do unto you. Amen.”

______

The Speaker assumed the Chair.

______

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

The motion prevailed.

Motions and Resolutions

Reps. Hughes, Franz, Yonker, Bumstead, Gilbert, Genetski, Wayne Schmidt, Price, Jacobsen, Rendon, Walsh, Kurtz, Pettalia, LaFontaine, Denby, Muxlow, Shaughnessy, Horn, Rogers, Potvin, Ouimet, Foster, Goike, Scott, Kowall, Callton, Olson, Somerville, Cotter, Shirkey, Tyler, MacMaster, Haveman, Haines, Moss, Agema, Lori, Forlini, Lyons, O’Brien, Zorn, Knollenberg, Barnett, Brown, Darany, Hooker, LeBlanc, Liss, Poleski and Slavens offered the following resolution:

House Resolution No. 98.

A resolution to declare June 11-19, 2011, as Aquatic Invasive Species Awareness Week in the state of Michigan.

Whereas, Michigan and its economy are defined by the Great Lakes and depend on their great abundance of freshwater for manufacturing, tourism, fishing, public water supplies, agriculture and numerous other uses; and

Whereas, Over 180 non-indigenous aquatic invasive species have been introduced to the Great Lakes; many of which are displacing native species, disrupting habitats and degrading natural, managed and agricultural landscapes, resulting in millions of dollars for control efforts each year; and

Whereas, Michigan has over 1 million registered boaters and many other recreational, commercial and industrial users of over 46,000 lakes and ponds and over 76,000 miles of streams in the state, many of which are impacted by aquatic invasive species; and

Whereas, Preventing the introduction of aquatic invasive species ultimately benefits the state of Michigan, and stopping the introduction of these species would eliminate the need of the state government, business, industry and citizens from employing costly methods to control and manage them; and

Whereas, Michigan has taken the lead in protecting the Great Lakes from aquatic invasive species from a number of pathways including ballast water, canals and waterways, organisms in trade, and recreational activities; and

Whereas, Spring marks the beginning of water-related recreational activities in Michigan; and

Whereas, Aquatic invasive species awareness is an important first step towards behavior change, which prevents the introduction and spread of aquatic invasive species; and

Whereas, Aquatic Invasive Species Awareness Week is an opportunity for government to join forces with business, industry, environmental groups, community organizations and citizens to take action against the introduction and spread of aquatic invasive species; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 11-19, 2011, as Aquatic Invasive Species Awareness Week in the state of Michigan; and be it further

Resolved, That all citizens must increase their understanding and awareness of aquatic invasive species and their ecological and economic impacts and take preventative measures to stop the spread and introduction of aquatic invasive species; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Department of Environmental Quality, Michigan Department of Agriculture, Michigan Department of Natural Resources, Michigan Department of Transportation, Great Lakes Fishery Commission, Council of Great Lakes Governors, Michigan congressional delegation, and the Great Lakes Commission.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Dillon, Roy Schmidt, Geiss, Liss, Bauer, Howze, Hovey-Wright, Brunner, Rutledge, Melton, Ananich, Smiley, McCann, Irwin, Stapleton, Oakes, Townsend, Switalski, Stanley, Tlaib, Brown, Barnett, Kandrevas, Byrum, Bledsoe, Lipton, Olumba, Cavanagh, Hammel, Segal, Constan, Darany, Meadows, Durhal, Hobbs, Lindberg and Slavens offered the following resolution:

House Resolution No. 99.

A resolution to memorialize the Congress and the President of the United States to oppose any proposal that will eliminate the traditional Medicare program and to convert the Medicaid program to a block grant.

Whereas, It is well known that the Michigan economy has yet to fully recover from the economic crisis of the past decade and that the current state of the Michigan economy is fragile at best. In this fragile state, any legislation that would result in the elimination of jobs or an increase in cost for basic services would prove devastating; and

Whereas, The Republican state budget and tax plans recently passed through the Michigan Legislature will only increase the risk of the tenuous Michigan recovery failing. By increasing taxes on senior citizens and slashing resources for services they depend on, these actions have made life even more difficult for our older adults; and

Whereas, Rep. Paul Ryan, Chair of the United States House of Representatives Budget Committee, recently introduced a proposal to eliminate traditional Medicare for individuals under age 55 and replace it with a voucher system for purchasing private insurance. This measure would further burden seniors of this state who are already struggling with stretching their limited resources; and

Whereas, The congressional Republican plan could force at least 37,100 Michigan seniors to pay over $3.8 million more for annual wellness and more than 97,700 Michigan seniors would pay $55 million more for prescription drugs in 2012. The Congressional Republican plan to end Medicare will increase out-of-pocket health care costs for a typical 65 year-old Michigan senior by $6,880 in 2022 – more than double the cost under current law; and

Whereas, Furthermore, by turning the Medicaid program into a block grant program, funding for the program would be cut by $180 billion through 2020. The Congressional Republican plan could cost Michigan at least 49,200 private-sector jobs over the next five years. This drop off in private-sector jobs will put a greater burden on the state economy, and lead to a reduction in state revenue which could potentially cause a cut in already under funded public services; now, therefore be it

Resolved by the House of Representatives, That we memorialize the Congress and the President of the United States to oppose any proposal that would eliminate the traditional Medicare program and to convert the Medicaid program to a block grant; and be it further

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

The resolution was referred to the Committee on Government Operations.

Reps. Franz, Barnett, Darany, Hooker, LeBlanc, Liss, Poleski, Rogers, Slavens and Tyler offered the following concurrent resolution:

House Concurrent Resolution No. 30.

A concurrent resolution to declare June 11-19, 2011, as Aquatic Invasive Species Awareness Week in the state of Michigan.

Whereas, Michigan and its economy are defined by the Great Lakes and depend on their great abundance of freshwater for manufacturing, tourism, fishing, public water supplies, agriculture and numerous other uses; and

Whereas, Over 180 non-indigenous aquatic invasive species have been introduced to the Great Lakes; many of which are displacing native species, disrupting habitats and degrading natural, managed and agricultural landscapes, resulting in millions of dollars for control efforts each year; and

Whereas, Michigan has over 1 million registered boaters and many other recreational, commercial and industrial users of over 46,000 lakes and ponds and over 76,000 miles of streams in the state, many of which are impacted by aquatic invasive species; and

Whereas, Preventing the introduction of aquatic invasive species ultimately benefits the state of Michigan, and stopping the introduction of these species would eliminate the need of the state government, business, industry and citizens from employing costly methods to control and manage them; and

Whereas, Michigan has taken the lead in protecting the Great Lakes from aquatic invasive species from a number of pathways including ballast water, canals and waterways, organisms in trade, and recreational activities; and

Whereas, Spring marks the beginning of water-related recreational activities in Michigan; and

Whereas, Aquatic invasive species awareness is an important first step towards behavior change, which prevents the introduction and spread of aquatic invasive species; and

Whereas, Aquatic Invasive Species Awareness Week is an opportunity for government to join forces with business, industry, environmental groups, community organizations and citizens to take action against the introduction and spread of aquatic invasive species; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 11-19, 2011, as Aquatic Invasive Species Awareness Week in the state of Michigan; and be it further

Resolved, That all citizens must increase their understanding and awareness of aquatic invasive species and their ecological and economic impacts and take preventative measures to stop the spread and introduction of aquatic invasive species; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Department of Environmental Quality, Michigan Department of Agriculture, Michigan Department of Natural Resources, Michigan Department of Transportation, Great Lakes Fishery Commission, Council of Great Lakes Governors, Michigan congressional delegation, and the Great Lakes Commission.

The concurrent resolution was referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

Senate Bill No. 104, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811e (MCL 257.811e), as amended by 2009 PA 99, and by adding section 811r.

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

Roll Call No. 163 Yeas—109

Agema Gilbert Lipton Pscholka

Ananich Glardon Liss Rendon

Barnett Goike Lori Rogers

Bauer Haines Lund Rutledge

Bledsoe Hammel Lyons Santana

Bolger Haveman MacGregor Schmidt, R.

Brown Heise MacMaster Schmidt, W.

Brunner Hobbs McBroom Scott

Bumstead Hooker McCann Segal

Byrum Horn McMillin Shaughnessy

Callton Hovey-Wright Meadows Shirkey

Cavanagh Howze Melton Slavens

Clemente Hughes Moss Smiley

Constan Huuki Muxlow Somerville

Cotter Irwin Nathan Stallworth

Crawford Jackson Nesbitt Stamas

Daley Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Womack

Franz LeBlanc Potvin Yonker

Geiss Lindberg Price Zorn

Genetski

Nays—0

In The Chair: Walsh

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

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

The House agreed to the full title.

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

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

Senate Bill No. 159, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2002 PA 472.

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

Roll Call No. 164 Yeas—109

Agema Gilbert Lipton Pscholka

Ananich Glardon Liss Rendon

Barnett Goike Lori Rogers

Bauer Haines Lund Rutledge

Bledsoe Hammel Lyons Santana

Bolger Haveman MacGregor Schmidt, R.

Brown Heise MacMaster Schmidt, W.

Brunner Hobbs McBroom Scott

Bumstead Hooker McCann Segal

Byrum Horn McMillin Shaughnessy

Callton Hovey-Wright Meadows Shirkey

Cavanagh Howze Melton Slavens

Clemente Hughes Moss Smiley

Constan Huuki Muxlow Somerville

Cotter Irwin Nathan Stallworth

Crawford Jackson Nesbitt Stamas

Daley Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Womack

Franz LeBlanc Potvin Yonker

Geiss Lindberg Price Zorn

Genetski

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 4563, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” (MCL 567.221 to 567.265) by adding section 37a.

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

Roll Call No. 165 Yeas—108

Agema Genetski Lindberg Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brown Haveman MacGregor Schmidt, W.

Brunner Heise MacMaster Scott

Bumstead Hobbs McBroom Segal

Byrum Hooker McCann Shaughnessy

Callton Horn McMillin Shirkey

Cavanagh Hovey-Wright Meadows Slavens

Clemente Howze Melton Smiley

Constan Hughes Moss Somerville

Cotter Huuki Muxlow Stallworth

Crawford Irwin Nathan Stamas

Daley Jackson Nesbitt Stanley

Damrow Jacobsen O’Brien Stapleton

Darany Jenkins Oakes Switalski

Denby Johnson Olson Talabi

Dillon Kandrevas Olumba Tlaib

Durhal Knollenberg Opsommer Townsend

Farrington Kowall Ouimet Tyler

Forlini Kurtz Outman Walsh

Foster LaFontaine Pettalia Womack

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Nays—1

Poleski

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

Rep. Poleski, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I have discussed this matter with several people, including the Chamber of Commerce and Consumers Energy. I understand this bill’s motivation grows from some egregious audit practices, and I deplore those practices as thinly-disguised revenue grabs. However, I don’t think that exempting business-to-business transactions from escheat is the proper fix. If audit abuse is the problem, I prefer to address that than to exempt business-to-business unclaimed property from escheat to the State.”

House Bill No. 4003, 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 sections 1 and 14 (MCL 423.201 and 423.214), section 1 as amended by 1999 PA 204.

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

Roll Call No. 166 Yeas—63

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

Nays—46

Ananich Durhal Lipton Segal

Barnett Geiss Liss Slavens

Bauer Hammel McCann Smiley

Bledsoe Hobbs Meadows Stallworth

Brown Hovey-Wright Melton Stanley

Brunner Howze Nathan Stapleton

Byrum Irwin Oakes Switalski

Cavanagh Jackson Olumba Talabi

Clemente Kandrevas Rutledge Tlaib

Constan Lane Santana Townsend

Darany LeBlanc Schmidt, R. Womack

Dillon Lindberg

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, Bumstead, Cotter, Crawford, Damrow, Farrington, Foster, Franz, Genetski, Gilbert, Glardon, Haveman, Heise, Hooker, Horn, Huuki, Knollenberg, Kurtz, Lyons, MacGregor, MacMaster, McMillin, Nesbitt, O’Brien, Olson, Pettalia, Potvin, Price, Rendon, Shaughnessy and Zorn were named co‑sponsors of the bill.

Second Reading of Bills

House Bill No. 4625, entitled

A bill to amend 1937 (Ex Sess) PA 4, entitled “An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act,” by amending sections 1, 2, 3, and 3a of article II, sections 1, 2, and 3 of article III, and section 4 of article IV (MCL 38.81, 38.82, 38.83, 38.83a, 38.91, 38.92, 38.93, and 38.104), sections 1 and 2 of article II and section 2 of article III as amended and section 3a of article II and section 3 of article III as added by 1993 PA 59, section 1 of article III as amended by 1996 PA 282, and section 4 of article IV as amended by 1993 PA 60, and by adding sections 3b and 3c to article II and section 1a to article III; 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-4) previously recommended by the Committee on Education,

The substitute (H-4) was not adopted, a majority of the members serving not voting therefor.

Rep. Rogers moved to substitute (H-7) the bill.

The motion prevailed and the substitute (H-7) was adopted, a majority of the members serving voting therefor.

Rep. Rutledge moved to amend the bill as follows:

1. Amend page 3, line 4, after “writing” by inserting “at least 60 15 days before the close END of the school year”.

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 8, line 21, after “ON” by striking out “AN ANNUAL YEAR-END PERFORMANCE EVALUATION” and inserting “2 CONSECUTIVE ANNUAL YEAR-END PERFORMANCE EVALUATIONS”.

2. Amend page 8, line 26, after “ON” by striking out “AN ANNUAL YEAR-END PERFORMANCE EVALUATION” and inserting “2 CONSECUTIVE ANNUAL YEAR-END PERFORMANCE EVALUATIONS”.

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

Rep. Segal moved to amend the bill as follows:

1. Amend page 16, line 13, by striking out all of subdivision (c).

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

Rep. Segal demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 167 Yeas—47

Ananich Durhal Lipton Segal

Barnett Geiss Liss Slavens

Bauer Hammel McBroom Smiley

Bledsoe Hobbs McCann Stallworth

Brown Hovey-Wright Meadows Stanley

Brunner Howze Melton Stapleton

Byrum Irwin Nathan Switalski

Cavanagh Jackson Oakes Talabi

Clemente Kandrevas Olumba Tlaib

Constan Lane Rutledge Townsend

Darany LeBlanc Santana Womack

Dillon Lindberg Schmidt, R.

Nays—62

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McMillin Rogers

Crawford Horn Moss Schmidt, W.

Daley Hughes Muxlow Scott

Damrow Huuki Nesbitt Shaughnessy

Denby Jacobsen O’Brien Shirkey

Farrington Jenkins Olson Somerville

Forlini Johnson Opsommer Stamas

Foster Knollenberg Ouimet Tyler

Franz Kowall Outman Walsh

Genetski Kurtz Pettalia Yonker

Gilbert LaFontaine Poleski Zorn

Glardon Lori

In The Chair: Walsh

Rep. Brown moved to substitute (H-3) the bill.

The question being on the adoption of the substitute (H-3) offered by Rep. Brown,

Rep. Brown demanded the yeas and nays,

The demand was supported.

The question being on the adoption of the substitute (H-3) offered by Rep. Brown,

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 168 Yeas—47

Ananich Durhal Lipton Segal

Barnett Geiss Liss Slavens

Bauer Hammel McCann Smiley

Bledsoe Hobbs Meadows Stallworth

Brown Hovey-Wright Melton Stanley

Brunner Howze Nathan Stapleton

Byrum Irwin Oakes Switalski

Cavanagh Jackson Olumba Talabi

Clemente Kandrevas Potvin Tlaib

Constan Lane Rutledge Townsend

Darany LeBlanc Santana Womack

Dillon Lindberg Schmidt, R.

Nays—62

Agema Goike Lund Poleski

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori

In The Chair: Walsh

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

The motion prevailed.

House Bill No. 4626, entitled

A bill to amend 1937 (Ex Sess) PA 4, entitled “An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act,” by amending section 4 of article I and sections 1 and 3 of article IV (MCL 38.74, 38.101, and 38.103), section 4 of article I and section 3 of article IV as amended by 2005 PA 124 and section 1 of article IV as amended by 2005 PA 136.

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

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

Rep. Melton moved to amend the bill as follows:

1. Amend page 1, line 2, after “FOR” by striking out “20” and inserting “15”.

2. Amend page 2, line 2, after “to” by striking out “40” and inserting “30”.

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 2, line 11, after “for” by striking out “A REASON THAT IS NOT ARBITRARY AND CAPRICIOUS” and inserting “reasonable and just cause”.

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

Rep. Townsend moved to amend the bill as follows:

1. Amend page 5, line 1, by striking out all of subdivision (c).

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

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

The motion prevailed.

House Bill No. 4627, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1247 and 1248.

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

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. O’Brien moved to substitute (H-3) the bill.

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

Rep. Jackson moved to amend the bill as follows:

1. Amend page 1, line 5, after “TEACHERS” by striking out “THAT IS” and inserting “WHEN CONDUCTING A REDUCTION IN FORCE OR A RECALL FROM A REDUCTION IN FORCE OR IN HIRING AFTER A REDUCTION IN FORCE. THIS POLICY SHALL BE”.

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

Rep. Roy Schmidt moved to amend the bill as follows:

1. Amend page 2, following line 15, by inserting:

(D) THE POLICY SHALL PROVIDE THAT A TEACHER WHO IS RATED AS EITHER EFFECTIVE OR HIGHLY EFFECTIVE ON HIS OR HER MOST RECENT PERFORMANCE EVALUATION UNDER SECTION 1249 IS EXEMPT FROM THE POLICY.”.

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

Rep. Segal moved to amend the bill as follows:

1. Amend page 5, line 20, by striking out all of subdivision (c).

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

Rep. O’Brien moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4628, 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; to require certain provisions in collective bargaining agreements; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 2011 PA 9.

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

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

Rep. Yonker moved to amend the bill as follows:

1. Amend page 6, line 3, after “COMPENSATION” by striking out the balance of the line through “COMPENSATION” on line 4.

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

Rep. Yonker 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 the enrollment printing and presentation to the Governor on Tuesday, June 7, 2011, for his approval of the following bills:

Enrolled House Bill No. 4325 at 4:15 p.m.

Enrolled House Bill No. 4526 at 4:17 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, June 8, 2011, for his approval of the following bills:

Enrolled House Bill No. 4623 at 2:20 p.m.

Enrolled House Bill No. 4624 at 2:22 p.m.

Enrolled House Bill No. 4231 at 2:24 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, June 8:

House Bill Nos. 4705 4706 4707 4708 4709 4710 4711 4712 4713 4714

Senate Bill Nos. 404 405 406 407 408 410 411 412 413 414 415 416 417 418

419 420

The Clerk announced that the following Senate bills had been received on Wednesday, June 8:

Senate Bill Nos. 281 384

Reports of Standing Committees

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

House Bill No. 4666, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 36111 (MCL 324.36111), as amended by 2002 PA 75.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 8, 2011

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

The Committee on Education, by Rep. Scott, Chair, reported

House Bill No. 4496, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 105 and 121 (MCL 389.105 and 389.121), section 105 as amended by 2003 PA 306 and section 121 as amended by 1997 PA 135.

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. Hooker, Crawford, McMillin, Franz, Heise, Hughes, Nesbitt, Shaughnessy, Yonker, Darany, Howze, Hobbs, Rutledge and Geiss

Nays: Reps. Price and Brown

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 8, 2011

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

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 13.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Kirtland Community College relative to the Kirtland Community College Well Water System Upgrade.

(For text of concurrent resolution, see House Journal No. 39, p. 577.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 14.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Oakland University relative to the Oakland University Human Health Building.

(For text of concurrent resolution, see House Journal No. 39, p. 578.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 15.

A concurrent resolution approving a decrease in Total Project Cost and approving a lease between the State of Michigan (the “State”) and the State Building Authority (the “Authority”) relative to the Department of Management and Budget State Facility Preservation Projects-Phase I and Phase II Group E Special Maintenance Projects (the “Facility”).

(For text of concurrent resolution, see House Journal No. 39, p. 579.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 16.

A concurrent resolution approving a decrease in the Total Project Cost and approving a lease between the State of Michigan (the “State”) and the State Building Authority (the “Authority”) relative to the Department of Technology, Management and Budget State Facility Preservation Projects-Phase I and II Group F VanWagoner Building (the “Facility”).

(For text of concurrent resolution, see House Journal No. 39, p. 580.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 17.

A concurrent resolution approving a decrease in Total Project Cost and approving a lease between the State of Michigan (the “State”) and the State Building Authority (the “Authority”) relative to the Department of Technology, Management and Budget State Facility Preservation Projects-Phase I and II Group G Special Maintenance Projects (the “Facility”).

(For text of concurrent resolution, see House Journal No. 39, p. 581.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 18.

A concurrent resolution approving a lease between the State of Michigan and the State Building Authority relative to the Department of Technology, Management and Budget State Facility Preservation Projects-Phase I and II Group H Special Maintenance Projects (the “Facility”).

(For text of concurrent resolution, see House Journal No. 39, p. 582.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 19.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Technology, Management and Budget State Facility Preservation Projects-Phase I and Phase II Group I Michigan Library and Historical Center (the “Facility”).

(For text of concurrent resolution, see House Journal No. 39, p. 582.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 20.

A concurrent resolution approving a lease between the State of Michigan and the State Building Authority relative to the Department of Technology, Management and Budget State Facility Preservation Projects-Phase III Group O Special Maintenance Projects (the “Facility”).

(For text of concurrent resolution, see House Journal No. 39, p. 583.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 21.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Technology, Management and Budget State Facility Preservation Projects-Phase III Group N Huron Valley Food Service Building.

(For text of concurrent resolution, see House Journal No. 39, p. 584.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 22.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Technology, Management and Budget State Facility Preservation Projects-Phase II and III Group M Maxey Transition (Green Oaks Addition, Huron Center and Woodland Infirmary).

(For text of concurrent resolution, see House Journal No. 39, p. 585.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 23.

A concurrent resolution approving a lease between the State of Michigan and the State Building Authority relative to the Department of Technology, Management and Budget State Facility Preservation Projects-Phase I and III Group L Maxey Special Maintenance Projects (the “Facility”).

(For text of concurrent resolution, see House Journal No. 39, p. 586.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 24.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Technology, Management and Budget State Facility Preservation Projects-Phase III Group K Huron Valley Drop Ship Building and Sewage Pump Station.

(For text of concurrent resolution, see House Journal No. 39, p. 587.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 25.

A concurrent resolution approving a lease between the State of Michigan and the State Building Authority relative to the Department of Technology, Management and Budget State Facility Preservation Projects-Phase I, II, and III Group J Huron Valley Special Maintenance Projects (the “Facility”).

(For text of concurrent resolution, see House Journal No. 39, p. 587.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 26.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Michigan Technological University relative to the Michigan Technological University Great Lakes Research Center.

(For text of concurrent resolution, see House Journal No. 39, p. 588.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Concurrent Resolution No. 27.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Eastern Michigan University relative to the Eastern Michigan University Pray-Harrold Hall Renovations.

(For text of concurrent resolution, see House Journal No. 40, p. 603.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 8, 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

The Committee on Transportation, by Rep. Opsommer, Chair, reported

Senate Bill No. 214, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803i (MCL 257.803i), as amended by 1998 PA 68.

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

Nays: None

The Committee on Transportation, by Rep. Opsommer, Chair, reported

Senate Bill No. 287, entitled

A bill to amend 1933 PA 254, entitled “The motor carrier act,” by amending section 2 of article V (MCL 479.2), as amended by 2008 PA 584.

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

1. Amend page 6, following line 9, by inserting:

“Enacting section 1. This amendatory act takes effect January 1, 2012.”.

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 8, 2011

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

Absent: Rep. Geiss

Excused: Rep. Geiss

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 8, 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. Crawford, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, June 8, 2011

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

Absent: Rep. Haugh

Excused: Rep. Haugh

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 8, 2011

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

Absent: Reps. Gilbert, Farrington, Haugh, Barnett, Melton and Olumba

Messages from the Senate

Senate Bill No. 281, entitled

A bill to require the operators of bowling centers to give certain notices to bowlers; and to grant immunity from civil liability to operators of bowling centers.

The Senate has passed the bill.

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

Senate Bill No. 384, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16104, 17048, 17049, 17050, 17076, 17078, 17548, 17549, 17745, 17757, 18048, 18049, and 20201 (MCL 333.16104, 333.17048, 333.17049, 333.17050, 333.17076, 333.17078, 333.17548, 333.17549, 333.17745, 333.17757, 333.18048, 333.18049, and 333.20201), section 16104 as amended by 1993 PA 80, section 17048 as amended by 2010 PA 124, sections 17049 and 17549 as amended by 2004 PA 512, section 17050 as amended by 1990 PA 247, sections 17076 and 17548 as amended by 1996 PA 355, section 17078 as amended and sections 18048 and 18049 as added by 2006 PA 161, section 17745 as amended by 2006 PA 672, section 17757 as amended by 1986 PA 304, and section 20201 as amended by 2006 PA 38.

The Senate has passed the bill.

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

Notices

June 8, 2011

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

Pursuant to MCL 333.20915, I am appointing Rep. Peter MacGregor to the State Emergency Medical Services Coordination Committee for the term from January 1, 2011 to December 31, 2012.

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Messages from the Governor

Date: June 3, 2011

Time: 10:36 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4441 (Public Act No. 51, I.E.), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 22208 and 22210 (MCL 333.22208 and 333.22210), section 22208 as amended by 1993 PA 88 and section 22210 as amended by 2006 PA 195.

(Filed with the Secretary of State June 8, 2011, at 9:10 a.m.)

Date: June 7, 2011

Time: 3:35 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4442 (Public Act No. 52, I.E.), being

An act to amend 1969 PA 306, entitled “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” by amending section 7 (MCL 24.207), as amended by 2000 PA 216.

(Filed with the Secretary of State June 8, 2011, at 9:12 a.m.)

Date: June 7, 2011

Time: 3:43 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4443 (Public Act No. 53, I.E.), being

An act to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending section 109 (MCL 400.109), as amended by 2006 PA 576.

(Filed with the Secretary of State June 8, 2011, at 9:14 a.m.)

Date: June 7, 2011

Time: 3:38 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4152 (Public Act No. 54, I.E.), being

An act 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; to require certain provisions in collective bargaining agreements; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” (MCL 423.201 to 423.217) by adding section 15b.

(Filed with the Secretary of State June 8, 2011, at 9:16 a.m.)

Date: June 7, 2011

Time: 3:33 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4389 (Public Act No. 55, I.E.), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 16185 (MCL 333.16185), as added by 2006 PA 25.

(Filed with the Secretary of State June 8, 2011, at 9:18 a.m.)

Introduction of Bills

Reps. Hooker, Yonker, Damrow, Johnson, Gilbert, Heise, Haveman, Potvin, Jenkins, Rendon, Shirkey, Muxlow, Goike, LaFontaine, Shaughnessy, MacGregor, Jacobsen, Horn, Price, Knollenberg, LeBlanc, Roy Schmidt, Daley, McBroom, Genetski, Lori, Lyons, Kurtz, Nesbitt, McMillin, Zorn and Agema introduced

House Bill No. 4715, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17515 (MCL 333.17515), as added by 1993 PA 133, and by adding section 17015a.

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

______

Rep. Lori moved that the House adjourn.

The motion prevailed, the time being 3:10 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, June 9, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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1386 JOURNAL OF THE HOUSE [June 8, 2011] [No. 53

No. 53] [June 8, 2011] JOURNAL OF THE HOUSE 1387

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