No. 25

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Thursday, March 8, 2012.

12:00 Noon.

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—present

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—present Oakes—present Switalski—present

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

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

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

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

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

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

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. Lisa Posthumus Lyons, from the 86th District, offered the following invocation:

This is my Father’s world:

He shines in all that’s fair;

in the rustling grass I hear Him pass;

he speaks to me everywhere.

This is my Father’s world.

O let me ne’er forget

that though the wrong seems oft so strong,

God is the ruler yet.

The Lord is King; let the heavens ring!

God reigns; let the earth be glad!

Father, thank You for this day that You have made. Let us rejoice and be glad! We are so grateful to live in and lead a state so blessed as ours.

We come today as a group of people with servants’ hearts. Give us strength and wisdom as we seek to steer this state and its people into prosperity.

This is Your world, Father, and You have given us dominion over it. You call us to serve and lift up one another, and by doing so, Your love lives and Your light shines.

We pray for the heavy hearts of those serving and working in this chamber and their families. Whatever issues or obstacles they face, bring them healing and peace.

And Father, we pray for the troops- the brave men and women that have come before us and those who serve now- who fought for and defend the freedom that we are so blessed to experience. Finally, we pray for Michigan and all her people. Let Your love and grace smother this state.

Let us remember it is You who makes all things new. We take comfort in that while we are broken people living in a broken world, You will redeem us and restore the Earth. Until that time and after, we give You all the glory and all the honor. In Your name,

Amen.”

Motions and Resolutions

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 207.

A resolution of tribute offered as a memorial for Nelis J. Saunders, former member of the House of Representatives.

Whereas, It is with appreciation for her commitment to her community of Detroit and her leadership in both her public service and her private life that we honor the memory of Nelis J. Saunders. Her years as a legislator exemplified a spirit of unselfishness that was evident throughout her entire life. We offer our condolences to her family as we acknowledge her service to our state; and

Whereas, A native of Florida who studied journalism at Wayne State University, Nelis Saunders worked as a newspaperwoman with the Michigan Chronicle. Her professional responsibilities blended well with her concern for the community and her activism in a host of civic groups. In 1968, she was elected to represent the people of her Detroit district in the Michigan House of Representatives. She was among the earliest African-American women to take on this task, and her background with civil rights groups and strong involvement with key organizations gave her invaluable insights as a lawmaker; and

Whereas, During her legislative tenure, Representative Saunders served as chair of the City Corporations Committee and vice chair of the Mental Health Committee. A measure of her dedication to public policy was her service as a staff member with the House for several years after leaving office, as well as her continuing involvement in the Detroit community. The example of her concern for others will long endure; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Nelis J. Saunders, a member of this legislative body from 1969 to 1972; and be it further

Resolved, That copies of this resolution be transmitted to the Saunders family as evidence of our lasting esteem for her memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

Reps. Slavens, Liss, Irwin, Bauer, LeBlanc, Howze, Kandrevas, Townsend, Santana, Womack, Barnett, Constan, Tlaib, Hovey-Wright, Lane, Switalski, Brown, Segal, Darany, Byrum, Cotter, Crawford, Denby, Durhal, Haines, Heise, Knollenberg, Kowall, Kurtz, Poleski and Shaughnessy offered the following resolution:

House Resolution No. 208.

A resolution to declare March 12, 2012, as Girl Scout Day in the state of Michigan.

Whereas, March 12, 2012, marks the 100th anniversary of the Girl Scouts of the United States of America, founded by Juliette Gordon Low in Savannah, Georgia, in 1912; and

Whereas, The purpose of Girl Scouting is to inspire girls with the highest ideals of character, conduct, patriotism, and service so that they may become happy and resourceful citizens; and

Whereas, Throughout the organization’s distinguished history, Girl Scouting has instilled millions of girls and women with the courage, confidence, and character to make the world a better place; and

Whereas, Through participation in a Girl Scout troop, girls develop the skills that will serve them throughout their lives so that they may contribute to their communities; and

Whereas, Girl Scouting takes an active role in increasing girls’ awareness of the opportunities in math, science, sports, technology, and many other fields of interest that can expand their horizons; and

Whereas, For 100 years, Girl Scouting has served as a voice for girls in Michigan while providing the opportunity to become better friends, stronger women, and empowered leaders; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 12, 2012, as Girl Scout Day in the state of Michigan; and be it further

Resolved, That the members of this legislative body commend and congratulate all the girls and women in Michigan who participate in Girl Scouting.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Messages from the Senate

House Bill No. 4668, entitled

A bill to amend 1897 PA 230, entitled “An act to provide for the formation of corporations for the purpose of owning, maintaining and improving lands and other property kept for the purposes of summer resorts or for ornament, recreation or amusement, and to repeal all laws or parts of laws in conflict herewith; and to impose certain duties on the department of commerce,” (MCL 455.1 to 455.24) by adding section 16a.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Stamas moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (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. 99 Yeas—110

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski Lane

Nays—0

In The Chair: Walsh

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 178.

A resolution to memorialize Congress to enact the “Recreational Fishing and Hunting Heritage and Opportunities Act.”

(For text of resolution, see House Journal No. 5, p. 40.)

(The resolution was reported by the Committee on Natural Resources, Tourism, and Outdoor Recreation on March 6.)

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 5364, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; to prescribe certain conditions for the appropriations; and to repeal acts and parts of acts.

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

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

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

The motion prevailed.

Senate Bill No. 683, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; and to provide for the expenditure of the appropriations.

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

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

Rep. Lipton moved to amend the bill as follows:

1. Amend page 95, following line 5, by inserting:

“Sec. 204. Any unreserved general fund/general purpose fund balance at the close of fiscal year 2011-12 shall be transferred to the state school aid fund.”.

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

Rep. Moss moved to amend the bill as follows:

1. Amend page 61, line 4, by striking out “1,629,800” and inserting “2,810,500”.

2. Amend page 61, line 6, by striking out “1,380,600” and inserting “199,900”.

3. Amend page 61, following line 14, by inserting:

“IDG from DTMB (OPEB)..................................................................................................... 1,180,700”.

4. Amend page 61, line 15, by striking out “1,194,400” and inserting “13,700” and adjusting the subtotals, totals, and section 201 accordingly.

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4978, entitled

A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 307 and 811k (MCL 257.307 and 257.811k), section 307 as amended by 2011 PA 159 and section 811k as amended by 2006 PA 298, and by adding section 811s; and to repeal acts and parts of acts.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 307 and 811k (MCL 257.307 and 257.811k), section 307 as amended by 2012 PA 26 and section 811k as amended by 2006 PA 298, and by adding section 811s; and to repeal acts and parts of acts.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Stamas moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (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. 100 Yeas—110

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski Lane

Nays—0

In The Chair: Walsh

The House agreed to the title as amended.

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

Second Reading of Bills

House Bill No. 4798, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2005 PA 171.

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

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

Rep. Stapleton moved to amend the bill as follows:

1. Amend page 1, line 6, after “ABORTION” by inserting “OR CONTINUE A PREGNANCY”.

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

Rep. Slavens moved to amend the bill as follows:

1. Amend page 4, line 5, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 96th Legislature are enacted into law:

(a) House Bill No. 4799.

(b) House Bill No. 4805.

(c) House Bill No. 4806.

(d) House Bill No. 4807.

(e) House Bill No. 4808.

(f) House Bill No. 4809.

(g) House Bill No. 4810.

(h) House Bill No. 4811.

(i) House Bill No. 4812.

(j) House Bill No. 4813.

(k) House Bill No. 4814.”.

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

Rep. Kurtz moved to amend the bill as follows:

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

“Enacting section 1. This amendatory act takes effect January 1, 2013.” and renumbering the remaining enacting section.

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

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

The motion prevailed.

House Bill No. 4799, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 213a.

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

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 1, line 3, after “WILL” by inserting “OR TO CONTINUE THE PREGNANCY AGAINST HER WILL”.

2. Amend page 2, line 3, after “ABORTION” by inserting “OR DOES NOT WANT TO CONTINUE THE PREGNANCY”.

3. Amend page 2, line 15, after “ABORTION” by inserting “OR DOES NOT WANT TO CONTINUE THE PREGNANCY”.

4. Amend page 2, line 18, after “ABORTION” by inserting “OR TO CONTINUE THE PREGNANCY”.

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

Rep. Barnett moved to amend the bill as follows:

1. Amend page 2, line 27, after “IF” by striking out the balance of the line through “CHILD,” on line 1 of page 3.

2. Amend page 3, line 2, after “VIOLATION” by striking out the comma.

3. Amend page 3, line 23, by striking out all of subdivision (C).

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

Rep. Hovey-Wright moved to amend the bill as follows:

1. Amend page 3, following line 24, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 96th Legislature are enacted into law:

(a) House Bill No. 4798.

(b) House Bill No. 4805.

(c) House Bill No. 4806.

(d) House Bill No. 4807.

(e) House Bill No. 4808.

(f) House Bill No. 4809.

(g) House Bill No. 4810.

(h) House Bill No. 4811.

(i) House Bill No. 4812.

(j) House Bill No. 4813.

(k) House Bill No. 4814.”.

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

Rep. Lane moved to amend the bill as follows:

1. Amend page 1, line 4, after “OR” by striking out “MALICIOUSLY”.

2. Amend page 2, line 4, after “OR” by striking out “MALICIOUSLY”.

3. Amend page 2, line 8, after “OR” by striking out “MALICIOUSLY”.

4. Amend page 2, line 23, after “OR” by striking out “MALICIOUSLY”.

5. Amend page 3, line 12, after “SECTION” by striking out the balance of the line through ““UNBORN CHILD”” on line 23 and inserting a comma and ““UNBORN CHILD””.

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

Rep. Kurtz moved to amend the bill as follows:

1. Amend page 3, following line 24, by inserting:

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

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

Rep. Tlaib moved to amend the bill as follows:

1. Amend page 1, line 2, after “NOT” by striking out the balance of the line through the first “COMMIT,” on line 4 and inserting a comma and “WITH THE INTENT TO COERCE HER TO HAVE AN ABORTION AGAINST HER WILL, COMMIT,”.

2. Amend page 2, line 2, by striking out all of lines 2 through 18 and renumbering the remaining sections.

3. Amend page 2, line 19, after “CRIME” by striking out the balance of the line through “CRIME” on line 22.

4. Amend page 2, line 24, by striking out all of subdivisions (B) and (C).

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

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

The motion prevailed.

House Bill No. 5134, 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.

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

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

Rep. Bauer moved to amend the bill as follows:

1. Amend page 3, following line 9, by inserting:

“(e) House Bill No. 4805.

(f) House Bill No. 4806.

(g) House Bill No. 4807.

(h) House Bill No. 4808.

(i) House Bill No. 4809.

(j) House Bill No. 4810.

(k) House Bill No. 4811.

(l) House Bill No. 4812.

(m) House Bill No. 4813.

(n) House Bill No. 4814.”.

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

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

The motion prevailed.

House Bill No. 5181, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2977.

The bill was read a second time.

Rep. Lipton moved to amend the bill as follows:

1. Amend page 2, line 27, by striking out the balance of the bill and inserting:

“(c) House Bill No. 5134.

(d) House Bill No. 5182.

(e) House Bill No. 4805.

(f) House Bill No. 4806.

(g) House Bill No. 4807.

(h) House Bill No. 4808.

(i) House Bill No. 4809.

(j) House Bill No. 4810.

(k) House Bill No. 4811.

(l) House Bill No. 4812.

(m) House Bill No. 4813.

(n) House Bill No. 4814.”.

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

Rep. Kurtz moved to amend the bill as follows:

1. Amend page 2, line 27, by striking out the balance of the bill and inserting:

“(c) House Bill No. 5134.

(d) House Bill No. 5182.”.

The motion prevailed and the amendment was adopted, a majority of the members serving 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. 5182, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17015 (MCL 333.17015), as amended by 2006 PA 77.

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

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

Rep. Howze moved to amend the bill as follows:

1. Amend page 17, following line 25, by inserting:

“(e) House Bill No. 4805.

(f) House Bill No. 4806.

(g) House Bill No. 4807.

(h) House Bill No. 4808.

(i) House Bill No. 4809.

(j) House Bill No. 4810.

(k) House Bill No. 4811.

(l) House Bill No. 4812.

(m) House Bill No. 4813.

(n) House Bill No. 4814.”.

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.

______

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

House Bill No. 5152, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 62 and 705 (MCL 257.62 and 257.705), section 62 as amended by 1992 PA 119 and section 705 as amended by 2011 PA 151.

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

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

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

The motion prevailed.

House Bill No. 5269, entitled

A bill to amend 2003 PA 238, entitled “Michigan notary public act,” by amending section 41 (MCL 55.301).

The bill was read a second time.

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, March 7:

House Bill Nos. 5452 5453 5454 5455 5456 5457 5458

The Clerk announced that the following Senate bills had been received on Wednesday, March 7:

Senate Bill Nos. 542 877 878 992

The Clerk announced that the following Senate bills had been received on Thursday, March 8:

Senate Bill Nos. 601 946

Reports of Standing Committees

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

House Bill No. 5196, entitled

A bill to require public employers to submit information concerning highly compensated public employees and severance packages for public employees to the state; to require electronic posting of compensation information; and to require duties of certain state departments and agencies.

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. McMillin, Jacobsen, Denby, Price and Bledsoe

Nays: None

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

House Bill No. 5274, entitled

A bill to require public entities to provide certain contract information for posting on a public website.

With the recommendation that the substitute (H-3) 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, Price, Bledsoe and Brown

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, March 6, 2012

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

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

Senate Bill No. 685, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2010 PA 87.

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. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Outman, Rendon, Muxlow, Brunner, Talabi, Hovey-Wright, Segal and Smiley

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, March 7, 2012

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

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

House Bill No. 5232, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2010 PA 346.

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

Nays: None

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, March 7, 2012

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

Absent: Rep. Townsend

Excused: Rep. Townsend

The Committee on Insurance, by Rep. Lund, Chair, reported

House Bill No. 5362, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3135 (MCL 500.3135), as amended by 2002 PA 697.

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, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Roy Schmidt, Segal, Hovey-Wright, Howze and Geiss

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 8, 2012

Present: Reps. Lund, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Roy Schmidt, Segal, Hovey-Wright, Howze and Geiss

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 5204, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5410.

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

1. Amend page 1, line 1, after “(1)” by striking out “THE” and inserting “SUBJECT TO SUBSECTION (3), THE”.

2. Amend page 1, line 5, after “DIABETES.” by striking out “THE” and inserting “SUBJECT TO SUBSECTION (3), THE”.

3. Amend page 2, line 3, after “(2)” by striking out “ON” and inserting “SUBJECT TO SUBSECTION (3), ON”.

4. Amend page 3, following line 19, by inserting:

(3) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, THE REQUIREMENTS OF SUBSECTIONS (1) AND (2) ARE LIMITED TO THE DIABETES INFORMATION, DATA, INITIATIVES, AND PROGRAMS WITHIN EACH AGENCY BEFORE THE EFFECTIVE DATE OF THIS SECTION. THE LIMITATION OF THIS SUBSECTION NO LONGER APPLIES UPON THE APPROPRIATION OF UNOBLIGATED FUNDING FOR DIABETES IN EACH AGENCY THAT MAY BE USED FOR NEW RESEARCH, DATA COLLECTION, REPORTING, AND OTHER REQUIREMENTS UNDER SUBSECTIONS (1) AND (2).”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Haines, Callton, Kurtz, Wayne Schmidt, Shirkey, Huuki, Muxlow, Yonker, Hughes, Graves, Liss, Segal and Greimel

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 5408, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 401k.

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. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Graves, Liss, Stallworth, Darany, Segal, Hovey-Wright and Greimel

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 5421, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3476.

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. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Graves, Liss, Stallworth, Darany, Segal, Hovey-Wright and Greimel

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 8, 2012

Present: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Graves, Liss, Stallworth, Darany, Segal, Hovey-Wright and Greimel

Absent: Rep. Womack

Excused: Rep. Womack

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 7, 2012

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 7, 2012

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ouimet, Chair, of the Committee on Local, Intergovernmental, and Regional Affairs, was received and read:

Meeting held on: Thursday, March 8, 2012

Present: Reps. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Townsend, Rutledge and Lane

Absent: Rep. Stapleton

Excused: Rep. Stapleton

Messages from the Senate

House Bill No. 4669, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2008 PA 506.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor on March 7, 2012.

Senate Bill No. 542, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2977.

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. 601, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending the title and sections 11 and 18 (MCL 432.11 and 432.18), the title as amended by 1996 PA 95 and sections 11 and 18 as amended by 2004 PA 383, and by adding section 45.

The Senate has passed the bill.

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

Senate Bill No. 877, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 20g, 20i, 29, 63, 63a, 69a, and 70 (MCL 791.220g, 791.220i, 791.229, 791.263, 791.263a, 791.269a, and 791.270), section 20g as amended by 2000 PA 211, section 20i as added by 2006 PA 351, section 29 as amended by 2010 PA 248, and sections 63, 63a, 69a, and 70 as amended by 1998 PA 512.

The Senate has passed the bill.

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

Senate Bill No. 878, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 29, 63, 63a, 69a, and 70 (MCL 791.229, 791.263, 791.263a, 791.269a, and 791.270), section 29 as amended by 2010 PA 248 and sections 63, 63a, 69a, and 70 as amended by 1998 PA 512.

The Senate has passed the bill.

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

Senate Bill No. 946, entitled

A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” by amending sections 2, 4, 6, 9, 17, and 22 (MCL 286.202, 286.204, 286.206, 286.209, 286.217, and 286.222), sections 6 and 9 as amended by 2007 PA 84.

The Senate has passed the bill.

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

Senate Bill No. 992, entitled

A bill to regulate the use and enforceability of certain loan covenants in nonrecourse commercial loan transactions in this state.

The Senate has passed the bill.

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

Messages from the Governor

The following message from the Governor was received and read:

March 7, 2012

Gary Randall

Clerk

Michigan House of Representatives

State Capitol

Lansing, Michigan 48909-7509

Dear Mr. Randall:

Attached is a copy of my Special Message on Public Safety to the First Session of the 96th Michigan Legislature. This message transmitting information on the affairs of state and recommending measures I consider necessary and desirable is presented to the Michigan House of Representatives pursuant to Section 17 of Article V of the Michigan Constitution of 1963.

Sincerely,

Rick Snyder

Governor

March 7, 2012

A Special Message from Governor Rick Snyder:

Public Safety

To Michiganders and the Michigan Legislature:

I. Introduction

Ensuring the safety of our citizens and security of our communities is critical to Michigan’s reinvention. While reported crime rates are down throughout most of Michigan, our state will continue to struggle until we tackle the problems of our most violent cities. Flint, Detroit, Pontiac and Saginaw are ranked among the top 10 most violent cities in the country according to FBI data. We all suffer the consequences.

Violent crime tears apart the essential fabric of communities. This is painfully evident in the recent shooting death of a 9-month old child in Detroit. This is a terrible loss for the family, the community and underscores the need for focused attention on crime in these cities.

The costs of such crimes, both emotional and financial, are staggering. A single homicide not only devastates the families involved but also costs taxpayers millions of dollars in prosecution and incarceration. A recent study concluded that murders in these 4 cities alone cost Michigan taxpayers more than $1.6 billion.

In addition, the entire state pays the price when tourists are hesitant to visit our cities, when businesses and talented people are reluctant to consider locating in Michigan and when everyone’s insurance rates rise.

Criminals do not recognize the geographic boundaries that define our municipalities. We must enhance cooperation between all levels of the law enforcement and criminal justice communities. To accomplish this we need improved tools to ensure a wise use of our resources to hold chronic offenders accountable and give citizens peace of mind.

Crime prevention is also a critical piece of public safety. Too often we miss the opportunity to break the cycle of crime through prevention or intervention. We need a comprehensive approach to public safety that offers increased economic opportunity for our children and their parents in our distressed communities to break the cycle of crime.

In short, we need a system of “smart justice.”

We need a system that recognizes the critical connection between law enforcement, crime prevention and economic opportunity. We need to reinvent public safety for Michigan. Together, we will pursue a strategy of smart justice that is data driven, comprehensive and focused on the areas of the greatest need.

II. Law Enforcement

When individuals choose to harm their community or engage in violent behavior, citizens need to be assured that law enforcement stands ready to respond.

For too long, criminals have had the upper hand in Detroit, Flint, Pontiac and Saginaw, knowing that law enforcement did not have the resources it needed to respond fully to these challenges.

While crime fighting partnerships are already underway in these cities, we must enhance and accelerate our efforts, leaving no doubt that all levels of law enforcement are working together to keep citizens safe.

Local Law Enforcement

The contribution and innovative efforts of local law enforcement is not only critical to these four cities but to our entire state. That is why I recommend that the Legislature put a priority on the expenditure of $10 million of the $25 million Economic Vitality Incentive Program (EVIP) consolidation and innovation grant fund in the FY 13 budget for investment in local public safety. This investment will create long-term, sustainable solutions for local law enforcement, firefighters, emergency responders, the criminal justice system and their communities.

In the last round of EVIP grants, two Downriver cities, Trenton and Riverview, were awarded nearly $240,000 to create a central fire, police and rescue dispatch center. This will ultimately save taxpayers half a million dollars over five years and holds the potential for numerous surrounding communities to join. This is a great example of how collaboration can provide better public safety for our citizens while simultaneously saving taxpayer dollars.

Smart investments in law enforcement, coupled with new technology and a commitment to collaboration will help us create a safer Michigan for our children and theirs.

Secure Cities Partnership

Both local and state law enforcement are critical components of a safer Michigan. The men and women who dedicate their lives to protecting ours should be recognized for their service and applauded for their commitment.

There can be no doubt that we need more law enforcement in Flint, Detroit, Pontiac and Saginaw to apprehend criminals and protect the public. In some of these cities, officers begin their shifts nearly 50 service calls behind. In others, jail space is so limited that only the most violent and egregious crimes constitute lodging. Combined with high unemployment and structural problems in the criminal justice system, this has created a new norm, where criminals do not expect consequences for breaking the law.

This is simply unacceptable.

A safe Michigan requires safe cities. The challenges facing our distressed cities are significant but not insurmountable.

While we must invest in law enforcement, a simple investment will not solve our long–term, structural challenges. No single agency can address these problems alone. Criminals do not recognize the same artificial boundaries and jurisdictions that limit our municipalities.

We must implement smart justice with our partners in the public safety community to secure these cities and Michigan’s future.

Today I am announcing a new Secure Cities Partnership that will focus initially on Flint, Detroit, Pontiac and Saginaw and the roadways that connect them.

I have recommended that the Michigan State Police (MSP) receive an additional $15 million in FY 13 for two trooper recruit schools that will graduate 180 troopers to provide local agencies with the support they need. Because many of these communities cannot afford to wait, I am advancing a supplemental budget request to the Legislature so MSP can start its first class in June. As a result, the MSP will coordinate teams of local, state and federal law enforcement officers to provide both directed patrols and investigative resources in these four cities. Working with local and federal prosecutors, as well as parole officers from the Michigan Department of Corrections, these teams will target high-crime areas and fast-track the investigation and prosecution of cases. Specifically, they will focus on homicides, drive-by- shootings, sexual assaults, narcotics and other violent crimes. In addition, I have asked the MSP to target crimes that contribute to violent activity including organized crime, arson, and property theft including auto and metal theft.

In addition, I have asked the Special Agent in Charge of the FBI in Michigan to partner with the MSP and local law enforcement through their “Safe Streets Initiative” to direct federal agents and resources at the most violent centers of activity within these cities. I am happy to report that he has agreed to do so. I have also sought and received support from U.S. Attorney’s Office for the Eastern District of Michigan for enhanced prosecutorial support in order to bring more criminals to justice.

I have also directed the MSP to offer enhanced tools to our law enforcement community, to support Evidence-Based Policing (EBP) strategies and technology. EBP allows law enforcement to predict where crime is most likely to occur and position resources to prevent it from occurring.

EBP uses data analysis and criminal intelligence to identify “hot spots” and make decisions on resource allocation in an objective, fact-based manner. This data-driven strategy will allow law enforcement to develop a comprehensive approach to reduce crime, disrupt criminal activity and make the best use of limited law enforcement resources.

To implement EBP, the State Police is piloting the Data Driven Approach to Crime and Traffic Safety (DDACTS), which was developed by the U.S. Department of Transportation and U.S. Department of Justice. DDACTS is currently being piloted in Macomb County and will soon be piloted in Flint as well. With the information gained from the pilots, DDACTS will be enhanced and made available to the law enforcement community statewide.

EBP would not be successful without robust information sharing across all law enforcement agencies. The Michigan Intelligence Operations Center (MIOC) is a central resource for law enforcement, providing intelligence to the officer on the street. The MIOC houses law enforcement officials from nearly every agency and level of government and is dedicated to ensuring that law enforcement can ably share information and protect its citizens.

Data sharing will be critical to addressing the crime in Flint, Detroit, Pontiac and Saginaw. My proposed budget provides funding to MSP for data analysts to collect, analyze and share information with the multijurisdictional teams in each city. This will improve efficiency, reduce duplication of efforts and enable law enforcement to identify the most violent criminals.

To strengthen Michigan’s crime information system, I will issue an executive order to recognize the Detroit Southeast Michigan Information and Intelligence Center as a node of the MIOC.

In addition, I encourage our congressional delegation and the Department of Homeland Security to prioritize funding for data sharing capabilities because we can’t afford to skimp on this investment. In April, our MSP Director will visit Washington, DC to meet with federal partners to highlight the steps Michigan is taking and to enhance federal partnerships.

Last June, the MSP began partnering with local law enforcement to combat violent crime occurring in Flint. More recently, it has begun piloting data-driven strategies in the city to leverage this partnership. Using EBP, MSP troopers conducted uniform patrols to initiate criminal investigations and arrests, primarily for narcotics and weapons offenses, augmenting the Flint Police and allowing them to focus on calls from citizens. As a result of these efforts, 894 fugitives have been arrested.

While public safety efforts under the Secure Cities Partnership will look different in each of the four cities, what we do know is a collaborative, multijurisdictional approach is critical to success.

Forensic Science Labs

Forensic science is a critical tool for both law enforcement and prosecutors because it can connect the guilty to a crime and exonerate the innocent. Lab services that are reliable, timely and efficient contribute to quicker adjudication times, reduced court backlogs and earlier resolution for victims.

I am recommending an additional $5 million to the MSP Forensic Science Division for enhanced forensic services, equipment, training and an additional 20 scientists to achieve a case turnaround time of 30 days. This investment will be a resource multiplier for law enforcement, prosecutors, and judges. Increased personnel will benefit the state’s entire lab system, including the new Metropolitan Detroit Forensic Science Laboratory slated to open in spring 2013.

The MSP is also currently implementing internal process improvements to help reduce backlogs and turnaround time. However, data suggests the greatest efficiencies will be achieved by improving evidence collection processes at crime scenes, enhancing communication with prosecutors and doing a better job of tracking cases that have evidence awaiting testing.

To accomplish this, the labs will transition to a “Front End Forensics” system of working with prosecutors to set standards on what evidence is accepted and tested based upon what has the highest propensity to yield results. This will enable lab personnel to concentrate on processing critical evidence by reducing the quantity of evidence entering the system.

This transition requires providing training to officers and crime scene technicians on evidence collection procedures. The MSP is currently piloting a Forensic Evidence Training Academy in Flint and Marquette where officers and crime scene technicians are being trained to process crime scenes utilizing the “Front End Forensics” concept.

Holding Offenders Accountable

Currently, 46% of all statewide parolees report to parole offices located in Detroit, Pontiac, Flint and Saginaw. We must give law enforcement the best possible resources to ensure that parolees are not reoffending and posing a danger to our communities.

I am announcing a new initiative to embed a Michigan Department of Corrections (MDOC) parole officer into each of the local law enforcement agencies that covers these four target cities. The MDOC has reached out to the Flint Police Department, the Detroit Police Department, the Oakland County Sheriff Department and the Saginaw Police Department to offer the services of a parole officer specifically dedicated to reducing crime in these areas.

The enhanced parole supervision program will reduce recidivism and increase fugitive apprehensions.

This initiative will assign a single point of contact to build a stronger partnership between the MDOC and local law enforcement in these distressed communities. The parole agents embedded into these local law enforcement agencies will be able to share information on parolees, accompany police officers on home checks, assist with criminal investigations and partner with police to track down and arrest wanted fugitives.

In addition to a high population of parolees, Flint faces the unique challenge of limited access to jail space. Because the ability to get offenders off the streets is crucial to law enforcement, last year I worked with the Legislature to appropriate $1 million to open up jail space in this high crime region. This is helping, but we still need to do more. My FY 13 budget calls for expansion of this project by increasing funding by an additional $4.5 million. This will provide critical assistance to Flint and help law enforcement remove dangerous criminals from the street.

In addition to limited jail space, Flint also suffers from limited prosecutorial support. I have recommended $900,000 for prosecutorial support in our distressed cities, with a particular focus on Flint.

CLEAR

Last year, I formed the Council on Law Enforcement and Reinvention (CLEAR) to act as an advisory team for Michigan’s public safety reinvention. CLEAR is comprised of respected professionals from our statewide criminal justice system – local and state police, the tribes, the prosecutors, the judiciary and corrections. This group advises me and recommends ways to deliver law enforcement more efficiently, effectively and at an optimal cost while protecting the public safety interest for our citizens.

CLEAR provided recommendations that led to Executive Order 2011-7 to significantly increase law enforcement collaboration to improve the state’s criminal justice information systems. Recently, it provided invaluable guidance resulting in my recommendation for enhanced funding and technology for MSP’s forensic labs.

CLEAR is developing long-term, sustainable solutions for a broad array of public safety issues. By the end of this year, it will recommend major improvements to public safety technology and establishing training standards for police agencies.

I also am tapping CLEAR’s expertise to combat crime at the neighborhood level. The safety of a neighborhood is an important indicator of its overall economic and social health. With that in mind, I am requesting CLEAR develop a plan to partner with key neighborhood organizations in our largest cities to formulate a Neighborhood Crime Prevention Initiative that can be implemented statewide.

Fire and Emergency Response

We cannot talk about public safety without talking about the importance of fire safety and emergency response. Arson is a growing problem in Detroit, Flint, Pontiac and Saginaw and threatens not only lives but livelihoods when property is destroyed. These 4 cities also accounted for roughly 43 percent of all arsons in Michigan from 2008 to 2010.

Firefighters and emergency responders are a critical part of the public safety community and we are thankful for the commitment they have made to protect Michigan citizens. As we reinvent law enforcement for a new Michigan, we must also reinvent our fire and emergency services. That is why I will be forming an advisory council on fire and emergency response. Similar to CLEAR, I will be building a team of the best and brightest in their field – individuals who can identify methods for better service statewide with a long-term, sustainable cost model.

I look forward to working closely with this team over the next year and have asked the state’s new Fire Marshal to lead this effort to reinvent emergency service delivery for our state.

Public Safety Technology

In an emergency, time is of the essence. Today’s public safety technology can enhance the connection between citizens and first responders. It will allow citizens to provide instantaneous information to public safety officials and to participate in public safety response.

The current system for landline voice-based calls was built more than 40 years ago. As our modes of communication become increasingly mobile and multi-media driven, our public response system has not kept up. Today, it does not support the wide array of technologies available on the average smart phone.

The future framework, referred to as Next Generation 911, will enable users to send texts, pictures and video to dispatchers who can quickly relay it to emergency responders in the field. For example, a 911 caller will be able to take a picture of a suspect’s vehicle leaving a crime scene and share it instantly with law enforcement officials via text message.

I am directing CLEAR to develop recommendations within the next 6 months addressing the requirements, timelines, costs and governance structure for implementing Next Generation 911.

I am also directing the fire and emergency response council to partner with CLEAR and DTMB’s Michigan Public Safety Communications System to implement best practices for the recent Congressional reallocation of D-Block to public safety. A recommendation of the 911 Commission, D-Block reallocation creates a nationwide public safety broadband network where police, fire, and EMS first responders from all departments will be able to communicate with one another. For example, firefighters will be able to see floor plans while they are en route to a fire, EMTs will be able to access victims’ medical records, and emergency managers will be able to coordinate federal, state and local responses to floods, tornados, and other disasters. Michigan has the largest public safety statewide communications network in the nation and is recognized as a leader in public safety communications.

III. Criminal Justice

Smart justice means more than just improving our law enforcement capacity. While we need to protect the public from violent criminals, we also need to invest resources to ensure that non-violent offenders do not become violent, endangering lives and costing taxpayers money. It is simply a better, smarter solution for Michigan to address offenders early on by providing alternative treatment programs to those who commit crimes as a result of underlying addiction or mental health issues.

At the same time, violent criminals must be held accountable. When our citizens are injured, we must bring peace of mind to victims and their families. As new crime trends emerge throughout the state, endangering our children and our communities, we must give prosecutors new tools and technology to deliver smart justice.

Mental Health Courts

I am committed to looking at how untreated mental health issues impact public safety. This is an area where we need to be smarter. When individuals suffering from mental health issues come into contact with the criminal justice system, we must step in and address their mental health needs to prevent an escalation of criminal behavior.

In my health and wellness message, I tasked the Michigan Department of Community Health (MDCH) with facilitating meetings of community stakeholders - the Department of Corrections, jails, courts, community mental health boards - to create a long-term plan to:

1) Improve mental health services in the community, in the jails, and in the court system,

2) Institute diversion programs,

3) Improve the management of individuals in jail, and

4) Share information appropriately across the criminal justice system.

MDCH has started this process and will deliver an action plan by July 1, 2012. The plan will outline a strategy for reducing the number of individuals with behavioral health conditions who are incarcerated. Specifically, it will focus on strengthening Michigan’s prison and jail diversion programs and expanding mental health courts.

In the meantime, I am committed to investing in Michigan’s already successful mental health courts. Mental health courts are the best resource available to provide treatment to mentally ill individuals who break the law. Traditional courts are unable to address mental health needs because resources are not available for treatment and the law does not permit them to require individuals to comply with treatment. Mental health courts have the unique ability to work with offenders to address the underlying cause of their criminal behavior and to provide treatment, which may include psychotropic medicines.

I am recommending that we invest $2.1 million to continue the existing 8 pilot mental health courts and to create a new mental health court in Saginaw. Information collected by State Court Administrative Office on the initial 8 pilot courts shows that participants in mental health courts saw improvement in employment and education opportunities, high rates for medication compliance and reduced recidivism rates.

High-Risk, High-Need Drug Courts

Intensive drug court programs address addiction problems that are often the root of criminal behavior. Drug treatment courts break the revolving-door cycle in which drug and alcohol offenders move in and out of the justice system. They provide comprehensive therapeutic treatment and other services to increase a participant’s period of abstinence and reduce the rate of relapse, re-arrest and incarceration.

The role that Michigan’s $2 billion corrections budget plays in the state’s budgetary challenges is well documented. Most prisoners are behind bars directly or indirectly because of substance abuse. Experts estimate 70% to 80% of the children in foster care are there because their parents are substance abusers, many of whom are incarcerated.

A study by the State Court Administrative Office concluded that drug courts dramatically reduce recidivism, sharply reduce substance abuse and save substantial tax dollars.

I am proposing the creation of a high-risk, high-need drug court initiative that would expand drug court programming in Genesee, Wayne, Oakland and Saginaw counties.

This initiative will target high-risk, high-need offenders and ultimately lessen the burden on our corrections system.

Unlike the current funding model for drug courts, this model will fund a fixed dollar figure for each offender in the program so the court is receiving money for each participant in the program. Currently, drug courts are grant funded with a fixed amount of money, regardless of how many offenders go through the program.

I am recommending that the Legislature appropriate $1.25 million for the creation of this new drug court initiative. This funding would be allocated at $4,500 per person and include the following services: intensive drug testing, intensive outpatient treatment, alcohol testing and monitoring and specific staff for high intensity supervision of participants in the drug court. This will result in a decrease in the number of individuals who reoffend and have continual interaction with the criminal justice and corrections systems.

Designer Drugs

New “designer drugs” are emerging in our communities with little warning and causing severe harm to our kids. These drugs are “designed” to circumvent the controlled substance law.

A drug known as “K-2” was recently added to Schedule I of the Controlled Substance Act, but another version is already being sold and used throughout the state. Communities are having little success in controlling this drug because there are no laws to help them.

It took 8 months to enact legislation to schedule a designer drug known as “bath salts” in 2011. When the drug appeared in Michigan, health officers, law enforcement and prosecutors in many local jurisdictions had no authority to act. Meanwhile, our kids and young adults were showing up in emergency rooms with severe symptoms, including suicidal and homicidal tendencies. Some episodes resulted in death.

We need to work harder to get these substances scheduled in a manner that gets us ahead of the curve of the drug designers and distributors who are so easily getting around our current laws. We need to equip those on the front line with the authority to act in a uniform way when a new drug emerges in a community.

We need a law that will allow us to temporarily schedule dangerous designer drugs that appear in our communities while we work legislatively to get these drugs placed permanently on the controlled substance schedules. Expansion of the MDCH director’s existing imminent danger authority and the Board of Pharmacy’s authority to schedule a controlled substance are important steps we can take.

House Bill 5338 and Senate Bill 789 amend the Public Health Code to allow the MDCH director to declare a substance as an “imminent danger to the public,” immediately providing public safety officials the tools they need to keep our communities safe. I ask the Legislature to pass this legislation and move it to my desk for signature.

Prescription Drug Trafficking

Michigan’s public safety is also threatened by the diversion of controlled substances from their legal safe use to illegal use and distribution.

Prescription monitoring programs are among the most effective tools available to identify and prevent diversion of controlled substances at the prescriber, pharmacy and patient levels.

The Department of Licensing and Regulatory Affairs (LARA) maintains an electronic system for monitoring controlled substances dispensed by all prescribers. LARA is permitted by statute to provide access to that data to prescribers and pharmacists, licensing boards of authorized prescribers and limited access to law enforcement officials.

I recently signed House Bill 4369 which allows LARA to provide that same limited level of access to health insurance carriers as currently provided to law enforcement. The objective of H.B. 4369 – now Public Act 44 of 2012 – is to promote greater access to the electronic monitoring system in order to further advance the goals of the prescription drug monitoring system including education, early detection, enhanced investigations and law enforcement. In particular, it will enhance health providers’ ability to identify individuals who are chronically misusing controlled substances.

In addition, I am pleased to announce a partnership between the Michigan State Medical Society and the Michigan Pharmacists Association to increase awareness and participation by their members in the Michigan Automated Prescription System.

Video Technology

Video conferencing technology allows defendants, police officers, experts, witnesses and others to attend arraignments, pretrial conferences and court hearings by video instead of in person.

Defendants held in jail or prison can attend hearings from the secure facility without the risks and costs of transporting them with armed officers. This saves the Department of Corrections and local law enforcement time and money. In the 20-month period from January 2010 to August 2011, the number of correctional inmates who appeared by video increased six-fold. Each hearing by video keeps two officers at the facility.

In addition, allowing lab technicians from the State Police Forensic Lab to testify by video conferencing permits them to focus on forensic work, saving time and money traveling to court. I have tasked CLEAR to work with State Court Administrative Office to implement this initiative.

The Michigan Supreme Court is dedicated to expanding video conferencing technology in all trial court locations to achieve greater efficiencies. I fully support those efforts.

Preliminary Exams

Preliminary exam reform is necessary to improve the treatment of victims of crimes, minimize officer time in the courtroom and improve efficiency in the courts. More than 90% of felony cases result in a guilty plea and a criminal defendant in Michigan waives the right to a preliminary exam in 75-80% of all cases. Despite these overwhelming numbers, police officers are too often stuck sitting in courtrooms waiting to see if an exam is going to go forward. CLEAR has already identified the need to reform Michigan’s preliminary exam process to keep police officers on the street where they are most needed.

I urge the Legislature to pass reforms that require preliminary exam conferences and allow for limited hearsay testimony at a preliminary exam. Preliminary exam conferences allow the prosecutor, defendant and defense attorney the opportunity to discuss the charges and possible plea negotiations. Allowing limited hearsay testimony at preliminary exams will reduce the number of witnesses required to establish probable cause. This will lighten the burden on law enforcement because fewer officers will be required to testify.

Indigent Defense Commission

In October, I created the Indigent Defense Advisory Commission to investigate the problems in Michigan’s legal defense system and recommend solutions for the Legislature and my administration to review and enact. The Commission has been meeting regularly and talking with experts from around Michigan and the country. It will release recommendations in July. I look forward to working with the Legislature to reform our indigent defense system in order to protect our communities, our tax dollars and the constitutional rights of all Michiganders.

Sexual Assault and Domestic Violence

A misconception about who commits sexual assault undermines our ability to effectively respond to these crimes. For years the common belief has been that sexual assaults are most often perpetrated by a stranger. For some victims this is true, but the reality is that well over 75% of sexual assaults are committed by an acquaintance, family member or current or former partner.

Sexual assault offenders are often also guilty of committing domestic violence. Research shows that sexual assault and domestic violence are undeniably connected, with 60-70% of rapists committing an average of 6 sexual assaults and 8 additional victimizations including child abuse and domestic battery.

Domestic violence and sexual assault threaten the lives and livelihoods of our citizens, contribute to homelessness, result in billions of dollars in national health care costs annually and – critically - perpetuate the cycle of crime. We must take a comprehensive approach to domestic violence and sexual assault to protect victims today and prevent victimizations tomorrow.

To begin this process, I will be issuing an executive order designating the Michigan Domestic Violence Prevention and Treatment Board (MDVPTB) as the Michigan Domestic Violence and Sexual Assault Prevention and Treatment Board. I appreciate the hard work the board has already done and ask it to take a more comprehensive approach to domestic violence and sexual assault crimes moving forward.

We must work collaboratively to ensure that the best tools are available to hold offenders accountable. Sexual assault crimes are particularly difficult to investigate and successfully prosecute. Nationally, only an estimated 25% of sexual assault reports result in arrests. However, estimates from Flint, Detroit, Pontiac and Saginaw are far below the national average.

The MDVPTB is working with partners to enhance tools to hold more offenders accountable, specifically through prompt and accurate collection of forensic evidence. Working with law enforcement and health professionals, the MDVPTB is in the process of overhauling Michigan’s sexual assault evidence kit for the first time in over 20 years. This new kit will reflect the most recent advances in forensic science and evidence collection to increase the arrest rate of offenders – holding those accountable who not only are perpetrating sexual assault but so often other forms of domestic violence.

Finally, I am pleased to announce that the MDVPTB recently secured federal funding through a competitive grant to work collaboratively with the Prosecuting Attorneys Association of Michigan on an innovative training project. I have asked them to pilot their training efforts in Flint, Detroit, Pontiac and Saginaw and the board has agreed. They will offer training, consultation and technical assistance to law enforcement for the purpose of critically examining and improving the criminal justice system’s sexual assault policies and domestic violence practices. Additionally, they will reach out to these prosecutors’ offices to provide support for their efforts. This targeted technical assistance will be tailored to meet each jurisdiction’s specific needs and will allow Michigan to develop and showcase best practices.

Victim Protection

It is critical that we protect our seniors from abuse, one of the fastest growing crimes in Michigan. I want to thank the Senate for passing a comprehensive package of bills to protect seniors, Senate Bills 454-468. These bills increase coordination between state and local authorities to expedite investigations, create stricter penalties and implement necessary guardianship reforms to further protect elderly adults from financial and physical harm. I am asking the House of Representatives to pass this legislation.

I will also support legislation that protects victims of human trafficking, particularly children. Human trafficking crimes are growing, lucrative and dangerous. While state-specific data is not currently available, the U.S. Department of Justice reports that human trafficking has become the second-fastest-growing criminal industry – just behind drug trafficking – with children accounting for roughly half of all victims. Current Michigan law does not adequately address the problem of human trafficking and should be revised to ensure that we are properly protecting victims and putting the onus on individuals who are profiting from those victims.

Finally, we must also protect victims of cybercrimes, particularly children preyed upon by sexual predators. Predators today typically use the internet to befriend, seduce and ultimately harm children. We must proactively combat the problem by educating children and their caregivers. Last fall Michigan hosted the nation’s first state-level summit on cyber security, which addressed these issues. I am committed to working with our parents, schools, the Michigan State Police and the Attorney General’s Office to ensure the safety of Michigan’s children

Organized Retail Crime

Public safety also requires that we crack down on organized retail crime. Unlike shoplifting, which is done by individuals, organized retail crime consists of sophisticated theft and fraud activity conducted by professionals. In many instances, professionals, known as “boosters,” steal large amounts of the same product from multiple stores and throughout several jurisdictions.

“Boosters” usually act in well-organized groups or gangs, methodically stealing merchandise from retail stores or trailers and then fence the products in order to convert them to cash or drugs. The cash and drugs finance other major criminal activities such as health care fraud and money laundering. Thus, organized retail crime has become a gateway to finance more serious offenses.

Many of the stolen items surface again in the marketplace, posing a risk to Michigan communities. Over-the-counter medication, infant formula and pharmaceutical items are all targeted and provide a clear danger to a buyer if resold in an uncontrolled environment.

We must ensure law enforcement is given every tool to combat organized retail crime. I will be working with the Legislature on statutory changes to address this head on, by providing more effective and comprehensive laws specifically targeting organized retail crime. These sophisticated criminals are not common shoplifters. They are gangs of dangerous criminals who are costing our businesses and our communities too much.

IV. Crime Prevention

Public safety must begin with crime prevention. Crime prevention starts with strong communities. In addition to law enforcement, our crime fighters range from parents, to teachers, to responsible landlords to engaged employers.

Crime occurs in communities that lack educational and career opportunity – where children and parents alike – are unable to see a bright future for themselves. And it occurs in neighborhoods with blighted buildings that too often become drug houses or fire hazards.

We must ensure that our children see a more promising future in education than in gangs. We must ensure that our cities are strong and filled with economic opportunity – not blight and crime. To not only stop the cycle of crime, but to prevent it from occurring, we must invest our resources in our young people and their futures.

Community Ventures

More and better jobs are not only good for economy, they are a key crime prevention tool. When opportunities are scarce and criminal activity is lucrative, crime may seem like the only option.

A comprehensive approach to public safety must recognize the importance of increasing economic opportunities. Providing career pathways to the structurally unemployed is an especially effective way to improve public safety in our most challenged urban centers. While a great deal of important work addresses the barriers to employment of those in the most difficult circumstances, we need to do better.

Employers value work experience, in-demand job skills and literacy. Michigan has failed to successfully address the employment needs of the structurally unemployed – people with the willingness to work but who face barriers to employment. Cities like Flint, Detroit, Pontiac and Saginaw are hardest hit with citizens remaining unemployed far longer than the average Michigan citizen.

Today, I am charging the Michigan Economic Development Corporation to launch the Community Ventures initiative — a public-private partnership that will identify employers willing to create new jobs, and organizations that can provide training and other job readiness services for the structurally unemployed. I am recommending $15 million in my FY 13 budget for this initiative. For the first time, state agencies like MEDC, Workforce Development Agency and Department of Human Services are bringing together employers, job readiness partners and private funders in a comprehensive and measurable program to assist young people aged 15-29 and ex-offenders. The outcome will create at least 1,000 new, long-term jobs in our hardest hit urban centers.

Those with employment challenges have unique needs like basic workplace training, access to day care, reliable transportation, necessary education and literacy skills. Community Ventures will line up key job readiness partners and employers who have experience in these types of comprehensive programs. Detroit region businesses like Cooper Standard and VITEC LLC have stepped forward to provide jobs and the Kellogg Foundation is ready to partner in these efforts.

I am also charging the MEDC in partnership with Michigan Corps and Accelerate Michigan to develop a new social entrepreneurship business competition. This initiative will bring together the best innovative minds to design sustainable solutions that address structural unemployment.

Government efforts and resources alone cannot solve the problems of structural unemployment in our cities. Working together in an innovative way, we can overcome this employment challenge, strengthen our urban cores, stabilize neighborhoods and reduce crime.

Creating New Paths for Young People

One of our best crime prevention tools is a bright future for young people. If we can help our youth see that future, then we have taken an important step toward a safer Michigan.

Teenagers in Detroit, Pontiac, Flint and Saginaw are arrested at alarming rates. Young people involved in violence and crime usually can’t see a positive future for themselves. They likely have not seen the opportunities that exist beyond the boundaries of their own neighborhoods.

In communities where much of the green space has given way to blight – many children have never gotten to enjoy the beauty of Pure Michigan – let alone had their eyes opened to the potential careers that may be available. We know that too few of our struggling students are being immersed in nature and other science activities. We must invest in programs that encourage exploration of the sciences and provide a path to high demand careers.

Many employees at the Department of Natural Resources (DNR), including some conservation officers, got their start as summer interns for the department, and discovered not just a passion for the outdoors, but a career in it. We want to make sure teens from urban areas know these opportunities exist, and can imagine that life for themselves. That’s why I recommended $5 million in the FY 13 budget to support programs for teens from Flint, Detroit, Pontiac and Saginaw. Today, I call upon the business and non-profit communities to join the state in this commitment by investing in our youth, their future and ours.

I have directed the DNR to build new partnerships with recreation centers and organizations in those cities that help teens who too often see nothing but concrete to understand that opportunities exist far beyond their experience.

These young people will discover what it’s like to work at Milliken State Park in Detroit or Bald Mountain Recreation Area near Pontiac – what it’s like to do a fish survey or help green their city. They will benefit from mentorship and the pride of gaining new science and math skills.

Not only will this program create a safer Michigan, but it will begin young people on the path to a bright future.

Strong, Safe Cities

In addition to exposing young people to Michigan’s natural environment, we need to ensure that our urban environments are safe, strong and thriving.

We can reduce crime by removing and rehabilitating abandoned buildings. These buildings often become drug houses and offer shelter for illegal activity. They pose dangerous situations for our first responders. And they prevent economic growth in communities where it is most needed – creating economic distress that challenges job growth, perpetuates poverty and breeds crime.

Wayne County regularly lists upward of 10,000 tax foreclosed properties for auction, primarily in Detroit. These dilapidated properties are often occupied by drug or other criminal operations or simply held by speculators willing to perpetuate community blight in the hope of personal financial gain.

We must remove barriers to demolishing or rehabilitating blighted properties so we can have strong, safe cities.

I am proposing a change in the state law to forbid individuals with unpaid taxes or who own blighted properties from buying any more property at auction. This will encourage current property owners to clean up and prevent blight on their property, and also prevent bad actors from degrading good neighborhoods.

In addition, I have identified $3 million in the state’s Land Reutilization Fund for use in clearing title on tax-reverted properties in Detroit.

Right now, it is very hard to get title insurance on a tax-reverted property. It can be an expensive and time-consuming process and it hampers redevelopment. By clearing title, we can eliminate dangerous properties and get back to the business of doing business and creating jobs.

I will work with the State of Michigan Land Bank and the Detroit Economic Growth Corporation to target parcels that will most benefit the city’s redevelopment and the safety of its citizens.

Truancy

Our education system plays an important public safety role. Children who do not regularly attend school are more likely to confront the challenges of substance abuse, teen pregnancy and juvenile delinquency. For the 2010-2011 school year, Michigan public schools documented 83,491 cases of truancy. This is a tragedy for our students and our state.

To break the cycle of crime, we must tackle truancy.

Truancy often results from other underlying problems, such as poverty and parental neglect. We can work to reduce truancy, and crime, by addressing the root causes. Accordingly, I call on the Michigan Department of Human Services (DHS) to implement a program to place more social workers within the 135 public elementary schools located in Flint, Detroit, Pontiac and Saginaw.

Under the existing Family Resource Center (FRC) program, DHS has created special service units located within 45 schools statewide. The FRC program works by moving DHS family independence specialists out of county offices and stationing them within local schools. These workers assist eligible families in obtaining supportive services to help them become self-sufficient. The idea behind the FRC concept is to reduce barriers to academic success by helping families access resources immediately, before the barriers—such as insufficient transportation, child care, housing instability, food insecurity and access to healthcare—cripple the learning process. Placing DHS workers where clients are located permits situational observation for prevention of child neglect and abuse by referral to child protective services, counseling for improved parenting and nutrition, health monitoring and educational advancement including regular school attendance.

I also call on DHS to require regular school attendance as a condition for eligibility for temporary cash assistance. Current policy only requires school attendance for children ages 16-18, missing our youngest and most vulnerable children. I am asking DHS to extend this policy to cover all school-age children to encourage parents who are receiving cash assistance to make sure that their children are attending school. Twenty-nine other states already do this and Michigan ought to join them.

One exemplary local program for reducing truancy is already underway in Midland County. The Midland County Probate Court has deputized a single person at each school who has the authority to monitor truancy and carry out the process. This proactive and innovative effort is commendable. I encourage other communities to consider similar efforts to combat truancy.

Successful Prisoner Re-Entry

We know that the majority of those incarcerated will be rejoining society and their successful re-entry is as critical to public safety as a sentence served. We need to ensure that those re-entering society are well-equipped with education and marketable skills so that they have alternatives to crime when they are released.

Effective prisoner re-entry is an important component of smart justice. Michigan’s prisoner re-entry program has been a major contributor to lower recidivism rates for the state. Recidivism rates have gradually improved over the past nine years, from a high of 45.7% to the current low of 33.2% being returned to prison within three years following release.

Michigan’s overall parole revocation rate for 2011 was the lowest since 1987, when record-keeping began. While we have achieved much, I know we can continue to improve in this area. The existing prisoner re-entry model was built with an emphasis on programming and treatment as prisoners neared the completion of their prison term and transitioned into the community.

This process must begin earlier. We need to start these programs on day one, at the very beginning of an offender’s prison sentence. This will focus on treatment and programming specifically designed to lower each offender’s risk of re-offending. I have tasked the Director of the Department of Corrections with improving the re-entry model with an ultimate goal of beginning the process sooner, continuing the progress Michigan has already made, and further reducing recidivism rates.

V. Conclusion

For far too long, Michigan has turned a blind eye to the conditions of many of our cities and those who live there.

The simple truth is that for Michigan to succeed, our cities must succeed. And to succeed, they must be safe.

Today, I ask the citizens of Michigan to join me in understanding that we are all in this together; that what happens in Flint or Detroit or Pontiac or Saginaw affects each of us; and, that Michigan cannot be strong and prosperous until we all are strong and prosperous.

And, today I ask the Legislature to join me in taking the steps necessary to build a smarter, better justice system.

If we are truly to reinvent the state we love, we must face our most intractable problems head-on and we must fix them together. Michigan’s future, and the future of Michigan’s next generations, depends on it.

The message was referred to the Clerk.

Date: March 6, 2012

Time: 9:08 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4578 (Public Act No. 41, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 11715 (MCL 324.11715), as amended by 2004 PA 381.

(Filed with the Secretary of State March 6, 2012, at 4:20 p.m.)

Date: March 6, 2012

Time: 9:10 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4754 (Public Act No. 42, I.E.), being

An act to amend 1976 PA 295, entitled “An act to improve and maintain transportation services in this state; to provide for the acquisition and use of funds; to provide for the acquisition of certain railroad facilities and certain property; to provide for the disposition and use of facilities and property acquired under this act; to provide for financial assistance to certain private transportation services; to prescribe the powers and duties of certain state departments and agencies; to provide for the transfer of certain funds; to provide for the creation of certain funds; and to provide for appropriations,” by amending section 10 (MCL 474.60), as amended by 2011 PA 29.

(Filed with the Secretary of State March 6, 2012, at 4:22 p.m.)

Date: March 6, 2012

Time: 9:12 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4994 (Public Act No. 43, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by repealing section 3111 (MCL 324.3111).

(Filed with the Secretary of State March 6, 2012, at 4:24 p.m.)

Date: March 6, 2012

Time: 3:30 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4369 (Public Act No. 44, 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 7333a (MCL 333.7333a), as amended by 2011 PA 108.

(Filed with the Secretary of State March 7, 2012, at 11:49 a.m.)

Explanation of “No” Votes

Reps. Brunner, Smiley, Byrum, Dillon, Hobbs, Geiss, Talabi, Switalski, Townsend, Stanley, Irwin, Hammel and Nathan, having reserved the right to explain their nay vote pertaining to House Bill No. 4246, made the following statement:

“Mr. Speaker and members of the House:

I voted no on House Bill 4246 for several reasons. Among them, the Senate substitute contains a change of purpose from the original HB 4246. The new bill embodies the provisions of SB 971 which bans graduate student research assistants from organizing while the original bill dealt with Emergency Mangers.

I also oppose the new content because this legislation removes the decision making authority in these matters from the Michigan Employment Relations Commission. The Commission has worked well for decades deciding just these kinds of employment issues, it rules in a timely manner, and the legislature ought not involve itself in deciding case by case administrative decisions regarding employment law.

I also did not vote for immediate effect on HB 4246.”

Communications from State Officers

The following communication from the Department of Treasury was received and read:

March 07, 2012

Please find attached the divestment report to the Legislature for the 2011 calendar year. This report is required by the Divestment From Terror Act, MCL 129.291 et seq) and the divestment mandates of the Public Employee Retirement System Investment Act (MCL 38.1133c and MCL 38.1133d). The Acts require the State Treasurer file a publicly available report to the Legislature each year on progress made under the Acts. This e-mail and the attached report represents the State Treasurer’s compliance with this reporting mandate.

Sincerely,

Amanda York Ellis

Administrative Law Specialist

Michigan Department of Treasury

Bureau of Investments

The communication was referred to the Clerk.

Introduction of Bills

Rep. Opsommer introduced

House Bill No. 5459, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 5 (MCL 15.265), as amended by 1984 PA 167.

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

Reps. Santana, Opsommer, Hammel, Agema and Knollenberg introduced

House Bill No. 5460, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5b (MCL 28.425b), as amended by 2008 PA 406.

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

Reps. Shaughnessy, LaFontaine, Muxlow, Goike, Callton and Shirkey introduced

House Bill No. 5461, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14c of chapter XVII (MCL 777.14c), as added by 2002 PA 29.

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

Reps. Nathan and Womack introduced

House Bill No. 5462, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 615 and 676a (MCL 257.615 and 257.676a), section 676a as amended by 2005 PA 1, and by adding section 676c.

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

Rep. Walsh introduced

House Bill No. 5463, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 4 (MCL 125.1654), as amended by 2006 PA 279, and by adding section 28a.

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

Reps. Farrington, Lyons and Olson introduced

House Bill No. 5464, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2 (MCL 691.1402), as amended by 1999 PA 205.

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

Rep. MacMaster introduced

House Bill No. 5465, entitled

A bill to amend 1974 PA 269, entitled “Franchise investment law,” by amending section 27 (MCL 445.1527), as amended by 1984 PA 92.

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

Reps. MacMaster, Johnson, Franz, Yonker, Agema, Huuki, Bumstead, Wayne Schmidt, Rendon, Potvin, Foster, Pettalia and McBroom introduced

House Joint Resolution RR, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article IX, to require that all local school districts receive the same amount of total state and local per pupil revenue for school operating purposes.

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

Announcements by the Clerk

Following is a change to the schedule of the Standing Committees for the 2011-2012 Legislative Session:

Wednesdays 9:15 a.m. Education 519 House Office Building

______

Rep. Shaughnessy moved that the House adjourn.

The motion prevailed, the time being 2:00 p.m.

Associate Speaker Pro Tempore O’Brien declared the House adjourned until Tuesday, March 13, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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