No. 21

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Thursday, March 3, 2011.

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 Lipton—present Pscholka—present

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genetski—present Lindberg—present

e/d/s = entered during session

Rep. Phil Cavanagh, from the 17th district, offered the following invocation:

“Dear Heavenly Father, as we gather today, we pray that You grant us the grace and wisdom to always act for the public good and make decisions that will benefit all the residents of our great state.

We ask that You bless this chamber and the public servants assembled here today.

Please guide us and grant us the ability to work together toward the common goal of creating a better life for every man, woman and child in Michigan.

Through Your grace, we will strive to overcome our differences and work as one.

We give thanks to You that we have been given the opportunity to serve the people of Michigan. Amen.”

______

Rep. Segal moved that Reps. Hobbs and Olumba be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Tlaib, Liss and Slavens offered the following resolution:

House Resolution No. 41.

A resolution to urge the city of Detroit and the Detroit Fire Department to bring its fire service delivery to correct staffing levels and response times and to provide necessary equipment to fire fighters.

Whereas, The city of Detroit is dedicated to the well-being and safety of its citizens, visitors, and employees, who comprise the basis of Detroit’s reputation, tax base, and businesses; and

Whereas, As the city of Detroit debates its challenging financial situation and the balancing of its budget, there is universal agreement that public safety must be kept at its proper levels in order to keep safety its priority and meet the needs of all Detroiters; and

Whereas, The Detroit Fire Department continues to remain seriously understaffed, browning out (temporarily closing) up to 10 fire companies daily. With an age of 42.5 for the average Detroit fire fighter, the department also suffers an approximate 10 percent on-duty injury rate; and

Whereas, Grants have been ignored, turned back, or not sought; fire gear and supplies are not readily available for front-line fire companies; equipment is lacking or non-existent; and response times have been lengthened. As a result, there are serious questions concerning the city’s compliance with established standards and laws. It is imperative that these issues be resolved swiftly to assure Detroit fire fighters and taxpayers alike that Detroit is fulfilling its mission to save lives and protect property; and

Whereas, As response times increase even more through closed or browned-out companies and as less fire fighters are available due to lack of necessary staffing and hiring and as injury rates and age levels increase, many people worry about public safety. The clear problems at hand increase significantly the odds of death or catastrophic injury or property loss within the city. Clearly, this situation demands attention; now, therefore be it

Resolved by the House of Representatives, That we urge the city of Detroit and Detroit Fire Department to restore the Detroit Fire Department to the proper levels of staffing, coverage, training, and equipment so that its employees may fulfill their commitment to the safely of the city; and be it further

Resolved, That copies of this resolution be given to the Mayor of Detroit, the Detroit City Council, and the administration of the Detroit Fire Department.

The resolution was referred to the Committee on Local, Intergovernmental, and Regional Affairs.

Reps. Nesbitt, Daley, Genetski, Heise, Knollenberg, Liss, Lori, McMillin, O’Brien, Poleski, Price, Rogers, Slavens and Tyler offered the following resolution:

House Resolution No. 42.

A resolution to declare the week of March 20 through March 26, 2011, as Home Education Week in the state of Michigan.

Whereas, Homeschooling is the fastest-growing educational trend in the United States, growing by an estimated 15 percent per year with over 2 million children nationwide now in a homeschool program; and

Whereas, The state of Michigan has long recognized that parents and legal guardians have a natural and fundamental right to direct the care, education, and upbringing of their children; and

Whereas, Homeschooling provides young people with a strong foundation of values and academic skills needed to become responsible citizens of our state and nation; and

Whereas, Homeschooling parents understand they are to be the primary educators and know that parental supervision and involvement play a major role in the education of students; and

Whereas, Homeschooling parents know that teaching morals and values is essential to the complete education of the student since every member of society continually makes moral decisions; and

Whereas, Homeschooling parents are dedicated to producing academically-strong students who also commit themselves to service, with studies demonstrating that homeschool students have a stronger understanding and higher participation rate in the governmental system and elections, and a significantly higher percentage are involved in community organizations; and

Whereas, Numerous individuals of note are products of homeschooling, including George Washington, Thomas Edison, Helen Keller, Agatha Christie, and Franklin D. Roosevelt; and

Whereas, Homeschoolers come from a diverse number of socioeconomic backgrounds and are from a variety of races and creeds; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare the week of March 20 through March 26, 2011, as Home Education Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

House Bill No. 4168, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601b (MCL 257.601b), as amended by 2008 PA 296.

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

Roll Call No. 27 Yeas—105

Ananich Glardon Liss Rendon

Barnett Haines Lori Rogers

Bauer Hammel Lund Rutledge

Bledsoe Haugh Lyons Santana

Bolger Haveman MacGregor Schmidt, R.

Brown Heise MacMaster Schmidt, W.

Brunner Hooker McBroom Scott

Bumstead Horn McCann Segal

Byrum Hovey-Wright McMillin Shaughnessy

Callton Howze Meadows Shirkey

Cavanagh Hughes Melton Slavens

Clemente Huuki Moss Smiley

Constan Irwin Muxlow Somerville

Cotter Jackson Nathan Stallworth

Crawford Jacobsen Nesbitt Stamas

Daley Jenkins O’Brien Stanley

Damrow Johnson Oakes Stapleton

Darany Kandrevas Olson Switalski

Denby Knollenberg Opsommer Talabi

Dillon Kowall Ouimet Tlaib

Durhal Kurtz Outman Townsend

Farrington LaFontaine Pettalia Tyler

Forlini Lane Poleski Walsh

Foster LeBlanc Potvin Womack

Franz Lindberg Price Yonker

Geiss Lipton Pscholka Zorn

Gilbert

Nays—3

Agema Genetski Goike

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Reps. Barnett, Bauer, Brown, Constan, Cotter, Damrow, Darany, Durhal, Haines, Haugh, Heise, Kowall, Lindberg, Liss, Lund, Olson, Opsommer, Potvin, Rendon, Rutledge, Scott, Slavens, Somerville, Stapleton, Talabi, Tlaib and Walsh were named co‑sponsors of the bill.

House Bill No. 4167, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2008 PA 297.

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

Roll Call No. 28 Yeas—103

Ananich Gilbert Liss Rogers

Barnett Glardon Lori Rutledge

Bauer Haines Lund Santana

Bledsoe Hammel Lyons Schmidt, R.

Bolger Haugh MacGregor Schmidt, W.

Brown Haveman MacMaster Scott

Brunner Heise McBroom Segal

Bumstead Hooker McCann Shaughnessy

Byrum Horn McMillin Shirkey

Callton Hovey-Wright Meadows Slavens

Cavanagh Howze Melton Smiley

Clemente Hughes Moss Somerville

Constan Huuki Muxlow Stallworth

Cotter Irwin Nesbitt Stamas

Crawford Jacobsen O’Brien Stanley

Daley Jenkins Oakes Stapleton

Damrow Johnson Olson Switalski

Darany Kandrevas Opsommer Talabi

Denby Knollenberg Ouimet Tlaib

Dillon Kowall Outman Townsend

Durhal Kurtz Pettalia Tyler

Farrington LaFontaine Poleski Walsh

Forlini Lane Potvin Womack

Foster LeBlanc Price Yonker

Franz Lindberg Pscholka Zorn

Geiss Lipton Rendon

Nays—5

Agema Goike Jackson Nathan

Genetski

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Reps. Barnett, Brown, Constan, Cotter, Damrow, Darany, Durhal, Haugh, Heise, Hovey-Wright, Knollenberg, Lane, Lindberg, Liss, Lori, Melton, Potvin, Rendon, Scott, Slavens, Stapleton and Walsh were named co‑sponsors of the bill.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Thursday, March 3:

House Bill Nos. 4363 4364 4365 4366 4367 4368 4369 4370 4371

House Joint Resolution O

Senate Bill Nos. 208 209 210 211 212 213 214 215 216 217 218 219 220 221

230

The Clerk announced that the following Senate bill had been received on Thursday, March 3:

Senate Bill No. 141

Reports of Standing Committees

The Committee on Judiciary, by Rep. Walsh, Chair, reported

House Bill No. 4231, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8206) by adding section 5109.

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

1. Amend page 2, line 2, after “WHO” by inserting “IS PAID OR”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Gilbert, Horn, Scott, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 3, 2011

Present: Reps. Walsh, Heise, Gilbert, Horn, Scott, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Meadows, Constan, Oakes, Brown, Irwin and Cavanagh

Absent: Rep. Olumba

Excused: Rep. Olumba

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 2, 2011

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 3, 2011

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

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 3, 2011

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

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 3, 2011

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

Messages from the Senate

Senate Bill No. 141, entitled

A bill to authorize the department of natural resources to accept and convey certain real property in Gladwin county; to prescribe certain conditions for the acceptance and conveyance; to provide for disposition of the revenue derived from the conveyance; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Notices

March 3, 2011

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

Pursuant to Executive Order 2004-36, I am appointing Representatives Sharon Tyler and Jim Ananich to the Council for Labor and Economic Growth for the term from January 1, 2011 to December 31, 2012.

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Introduction of Bills

Rep. Meadows introduced

House Bill No. 4372, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2006 PA 443.

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

Reps. Melton and Roy Schmidt introduced

House Bill No. 4373, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1246a.

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

Reps. Meadows and Oakes introduced

House Bill No. 4374, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 44 (MCL 791.244), as amended by 1999 PA 191.

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

Reps. Meadows and Oakes introduced

House Bill No. 4375, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 35 (MCL 791.235), as amended by 1998 PA 315.

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

Rep. Brown introduced

House Bill No. 4376, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 9b.

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

Rep. Brown introduced

House Bill No. 4377, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2010 PA 195 and by adding section 3j.

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

Reps. Gilbert, Horn, Lyons, Rendon, Yonker, Hughes, Shirkey, Foster, Irwin and Roy Schmidt introduced

House Bill No. 4378, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 547.

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

Rep. Kowall introduced

House Bill No. 4379, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30929 (MCL 324.30929), as added by 2004 PA 522.

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

Reps. Kowall, Knollenberg, Haines, Crawford, McMillin, Jacobsen, Horn, Walsh, Moss, Goike, Rogers, Shirkey, Heise and Somerville introduced

House Bill No. 4380, entitled

A bill to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 3 (MCL 46.403).

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

Reps. Kurtz, Heise and Rendon introduced

House Bill No. 4381, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 43 of chapter X (MCL 710.43), as amended by 1996 PA 409.