No. 41

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Tuesday, May 10, 2011.

1:30 p.m.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genetski—present Lindberg—present

e/d/s = entered during session

Pastor Greg Burdine, Pastor of Faith Baptist Church in Adrian, offered the following invocation:

“Our Heavenly Father,

We recognize our dependence on You. You are the all-powerful, all-knowing, ever-present God who loves us. So we yield to Your control in our lives and ask Your help in our country, our state, our community, our family, and our personal life.

Thank You for Your many blessings. Thank You for our great country and the freedoms we enjoy. Thank You for these in this room who have been chosen to lead us.

As these men and women face complex responsibilities, I ask that You give them wisdom to make good decisions. I ask that You give them compassion for our hurting and helpless citizens. I ask that You give them courage to follow truth wherever it leads.

I ask Your forgiveness when we have chosen prosperity over principle, when we have chosen convenience over compassion, and when we have chosen reputation over righteousness. Please forgive us when we have chosen ourselves over others. May we follow the example set by Jesus, who sacrificed Himself for the good of others.

I ask that You bless this session today. I ask that You bless our state and every one of her citizens. I ask a special blessing on these elected officials, their staff, and their families. Please lead us to blessing and prosperity and may we follow You.

May Your love, joy and peace fill these halls today.

In Jesus’ name I ask these things,

Amen.”

Motions and Resolutions

Reps. Brown, Slavens, Hovey-Wright, Liss, Darany, Howze, Tlaib, Barnett, Constan, Heise, Knollenberg and LeBlanc offered the following resolution:

House Resolution No. 82.

A resolution to declare May 28, 2011, as Chaldean American Day in the state of Michigan.

Whereas, The state of Michigan is fortunate to have 121,000 citizens of Chaldean descent among its population. They have made, and continue to make, significant economic, social and political contributions to our diverse society; and

Whereas, Individuals of Chaldean origin are a culturally rich and complex community representing the Eastern-Rite Catholic, Aramaic speaking, indigenous people of Iraq; and

Whereas, The population of Chaldeans continues to grow in the state of Michigan with the recent arrival of Iraqi Chaldean refugees who have fled their ancestral lands and migrated to Michigan to seek economic, political and religious freedom; and

Whereas, An estimated 10,000 to 25,000 additional Chaldean Iraqis will establish residency in the state of Michigan over the next two to three years; and

Whereas, A multitude of organizations, including the Chaldean Community Foundation through partnership with the Michigan Department of Community Health, helps to provide critical services to Iraqi Chaldean refugees, and is working to assist those refugees in assimilating and becoming contributing citizens of the state of Michigan; and

Whereas, The Chaldean community has benefited the state of Michigan through its rich entrepreneurial spirit, as 61 percent of Chaldean households own at least one business and 39 percent own two or more; and

Whereas, It is estimated that the Chaldean American Chamber of Commerce represents more than 12,000 Chaldean-owned businesses in the state of Michigan; and

Whereas, The state of Michigan is proud of its cultural diversity and welcomes the opportunity to honor and recognize its Chaldean American citizens for their commitment to leadership, dedication to society, and determination to succeed; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 28, 2011, as Chaldean American Day in the state of Michigan; and be it further

Resolved, That we encourage all citizens to commemorate and honor the many accomplishments and contributions that the Chaldean American community has made to our state, nation, and world.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 9.

A concurrent resolution to urge the Federal Energy Regulatory Commission to grant a rehearing and modify its December 16, 2010 order approving the Midwest Independent Transmission System Operator’s cost allocation proposal to socialize transmissions costs.

(For text of concurrent resolution, see House Journal No. 25, p. 311.)

(The concurrent resolution was reported by the Committee on Energy and Technology on May 3, with substitute (H-1).)

(For substitute, see House Journal No. 38, p. 567.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

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

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Third Reading of Bills

House Bill No. 4534, entitled

A bill to amend 1984 PA 425, entitled “An act to permit the conditional transfer of property by contract between certain local units of government; to provide for permissive and mandatory provisions in the contract; to provide for certain conditions upon termination, expiration, or nonrenewal of the contract; and to prescribe penalties and provide remedies,” by amending section 6 (MCL 124.26).

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

Roll Call No. 103 Yeas—63

Agema Goike Lund Potvin

Bolger Haines Lyons Price

Bumstead Haveman MacGregor Pscholka

Callton Heise MacMaster Rendon

Cotter Hooker McBroom Rogers

Crawford Horn McMillin Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori Poleski

Nays—47

Ananich Durhal Lindberg Segal

Barnett Geiss Lipton Slavens

Bauer Hammel Liss Smiley

Bledsoe Haugh McCann Stallworth

Brown Hobbs Meadows Stanley

Brunner Hovey-Wright Melton Stapleton

Byrum Howze Nathan Switalski

Cavanagh Irwin Oakes Talabi

Clemente Jackson Olumba Tlaib

Constan Kandrevas Rutledge Townsend

Darany Lane Santana Womack

Dillon LeBlanc Schmidt, R.

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

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

“Mr. Speaker and members of the House:

l voted no because PA 425, which this bill amends, relates strictly to the transfer of land between local units of government and the sharing of tax base via a contract between the units. It has nothing to do with the transfer of employees. The bill should have included the deletion of all of section (b) of PA 425 not just part of it.”

House Bill No. 4416, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601a (MCL 257.601a), as added by 2006 PA 549.

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

Roll Call No. 104 Yeas—110

Agema Gilbert Lipton Pscholka

Ananich Glardon Liss Rendon

Barnett Goike Lori Rogers

Bauer Haines Lund Rutledge

Bledsoe Hammel Lyons Santana

Bolger Haugh MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Scott

Bumstead Hobbs McCann Segal

Byrum Hooker McMillin Shaughnessy

Callton Horn Meadows Shirkey

Cavanagh Hovey-Wright Melton Slavens

Clemente Howze Moss Smiley

Constan Hughes Muxlow Somerville

Cotter Huuki Nathan Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Genetski Lindberg

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4306, entitled

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

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Education,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Brown moved to amend the bill as follows:

1. Amend page 3, following line 13, by inserting:

“(6) IN CONSIDERING BIDS AND AWARDING CONTRACTS DESCRIBED IN SUBSECTION (1), THE BOARD OF A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT OR BOARD OF DIRECTORS OF A PUBLIC SCHOOL ACADEMY SHALL GIVE PREFERENCE TO A MICHIGAN-BASED BUSINESS, AS DEFINED IN SECTION 1267, THAT EMPLOYS RESIDENTS OF THIS STATE.”.

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

Rep. Yonker moved to amend the bill as follows:

1. Amend page 1, line 1, after “TO” by striking out “SUBSECTION (4),” and inserting “SUBSECTIONS (4) AND (5),”.

2. Amend page 3, following line 8, by inserting:

“(5) THIS SECTION DOES NOT APPLY TO A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT THAT HAS A POSITIVE FUND BALANCE AS OF THE END OF THE IMMEDIATELY PRECEDING SCHOOL FISCAL YEAR IN AN AMOUNT AT LEAST EQUAL TO 10% OF THE SCHOOL DISTRICT’S OR INTERMEDIATE SCHOOL DISTRICT’S GENERAL OPERATING BUDGET FOR THE CURRENT SCHOOL FISCAL YEAR.” and renumbering the remaining subsection.

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

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

The motion prevailed.

House Bill No. 4409, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 57, 57b, 57c, 57d, 57e, 57g, 57i, 57l, 57p, 57r, and 57u (MCL 400.57, 400.57b, 400.57c, 400.57d, 400.57e, 400.57g, 400.57i, 400.57l, 400.57p, 400.57r, and 400.57u), section 57 as amended and section 57p as added by 2006 PA 471, section 57b as amended and section 57u as added by 2006 PA 468, section 57c as added by 1995 PA 223, sections 57d, 57g, and 57r as amended by 2007 PA 9, section 57e as amended by 2006 PA 469, section 57i as added by 2000 PA 478, and section 57l as added by 1999 PA 17; and to repeal acts and parts of acts.

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

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

Rep. Tlaib moved to amend the bill as follows:

1. Amend page 30, line 23, after “lifetime.” by inserting “NOT LATER THAN 180 DAYS AFTER THE EFFECTIVE DATE OF THE 2011 AMENDATORY ACT THAT AMENDED THIS SECTION, THE DEPARTMENT SHALL ESTABLISH A POLICY REGARDING GRANTING A RECIPIENT AN EXTENSION BEYOND THE 48-MONTH CUMULATIVE LIFETIME LIMIT ON RECEIVING FAMILY INDEPENDENCE ASSISTANCE.”.

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 12, line 26, after “visit” by striking out “OR” and inserting “and”.

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

Rep. Santana moved to amend the bill as follows:

1. Amend page 29, line 23, by striking out the balance of the section and inserting “ANY MONTH IN WHICH EITHER OF THE FOLLOWING OCCURS SHALL NOT BE COUNTED TOWARD THE CUMULATIVE TOTAL OF 48 MONTHS IN A LIFETIME FOR FAMILY INDEPENDENCE ASSISTANCE:

(A) A RECIPIENT HAS BEEN EXEMPTED FROM THE JET PROGRAM UNDER SECTION 57F(3) OR (4)(B).

(B) THE UNEMPLOYMENT RATE IN THE COUNTY IN WHICH THE RECIPIENT RESIDES IS 25% ABOVE THE STATE AVERAGE FOR UNEMPLOYMENT.”.

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

Rep. Horn moved to amend the bill as follows:

1. Amend page 3, line 20, after “THE” by striking out “DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS” and inserting “MICHIGAN ECONOMIC DEVELOPMENT CORPORATION OR A SUCCESSOR ENTITY”.

2. Amend page 13, line 6, after “the” by striking out “department of LICENSING AND REGULATORY AFFAIRS” and inserting “MICHIGAN ECONOMIC DEVELOPMENT CORPORATION OR A SUCCESSOR ENTITY”.

3. Amend page 15, line 2, after “the” by striking out “department of LICENSING AND REGULATORY AFFAIRS” and inserting “MICHIGAN ECONOMIC DEVELOPMENT CORPORATION OR A SUCCESSOR ENTITY”.

4. Amend page 29, line 25, after “SHALL” by striking out “BE NOT” and inserting “NOT BE”.

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

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

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

Rep. Slavens demanded the yeas and nays,

The demand was supported.

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

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

Roll Call No. 105 Yeas—48

Ananich Durhal LeBlanc Schmidt, R.

Barnett Geiss Lindberg Segal

Bauer Gilbert Lipton Slavens

Bledsoe Hammel Liss Smiley

Brown Haugh McCann Stallworth

Brunner Hobbs Meadows Stanley

Byrum Hovey-Wright Melton Stapleton

Cavanagh Howze Nathan Switalski

Clemente Irwin Oakes Talabi

Constan Jackson Olumba Tlaib

Darany Kandrevas Rutledge Townsend

Dillon Lane Santana Womack

Nays—62

Agema Haines Lyons Potvin

Bolger Haveman MacGregor Price

Bumstead Heise MacMaster Pscholka

Callton Hooker McBroom Rendon

Cotter Horn McMillin Rogers

Crawford Hughes Moss Schmidt, W.

Daley Huuki Muxlow Scott

Damrow Jacobsen Nesbitt Shaughnessy

Denby Jenkins O’Brien Shirkey

Farrington Johnson Olson Somerville

Forlini Knollenberg Opsommer Stamas

Foster Kowall Ouimet Tyler

Franz Kurtz Outman Walsh

Genetski LaFontaine Pettalia Yonker

Glardon Lori Poleski Zorn

Goike Lund

In The Chair: Walsh

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

The motion prevailed.

House Bill No. 4410, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57f (MCL 400.57f), as amended by 2006 PA 468.

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

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

Rep. Tyler moved to amend the bill as follows:

1. Amend page 1, line 2, after “the” by striking out “department of LICENSING AND REGULATORY AFFAIRS” and inserting “MICHIGAN ECONOMIC DEVELOPMENT CORPORATION OR A SUCCESSOR ENTITY”.

2. Amend page 2, line 6, after “the” by striking out “department of LICENSING AND REGULATORY AFFAIRS” and inserting “MICHIGAN ECONOMIC DEVELOPMENT CORPORATION OR A SUCCESSOR ENTITY”.

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

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

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

Rep. Slavens demanded the yeas and nays,

The demand was not supported.

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

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

Rep. Tyler 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 Thursday, May 5:

Senate Bill Nos. 355 356 357 358 359 360

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, May 6:

House Bill Nos. 4618 4619

House Joint Resolution Z

Senate Bill Nos. 361 362 363 364 365 366 367

The Clerk announced that the following Senate bills had been received on Tuesday, May 10:

Senate Bill Nos. 28 104

Reports of Standing Committees

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

House Bill No. 4005, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 302 and 644g (MCL 168.302 and 168.644g), section 302 as amended by 2005 PA 71 and section 644g as amended by 2004 PA 293, and by adding section 642c.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lund, Knollenberg, Scott, Tyler and Outman

Nays: Reps. McBroom, Byrum, Nathan and Stanley

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

House Bill No. 4006, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 4, 5, and 614 (MCL 380.4, 380.5, and 380.614), section 4 as amended by 2008 PA 1, section 5 as amended by 2009 PA 205, and section 614 as amended by 2004 PA 419.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lund, Knollenberg, Scott, Tyler and Outman

Nays: Reps. McBroom, Byrum, Nathan and Stanley

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 10, 2011

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

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

House Bill No. 4577, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 1903 (MCL 324.1903), as amended by 2002 PA 52.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 4579, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 2154 (MCL 324.2154), as amended by 2010 PA 31.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 10, 2011

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

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

House Bill No. 4452, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2010 PA 322.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 10, 2011

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

Absent: Rep. Olumba

Excused: Rep. Olumba

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 10, 2011

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 10, 2011

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

Absent: Rep. Haines

Excused: Rep. Haines

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 10, 2011

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

Absent: Rep. Clemente

Excused: Rep. Clemente

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, May 10, 2011

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

Messages from the Senate

House Bill No. 4129, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1078.

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.

House Bill No. 4113, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2506 (MCL 339.2506), as amended by 1988 PA 463.

The Senate has amended the bill as follows:

1. Amend page 1, line 5, after “~~broker~~” by striking out “THAT LICENSE” and inserting “THE SALESPERSON’S CERTIFICATE OF LICENSE AND DELIVER THE POCKET CARD FOR THAT LICENSE TO THE SALESPERSON”.

2. Amend page 2, following line 13, by inserting:

“(3) AS USED IN THIS SUBSECTION, “POCKET CARD” MEANS THE POCKET CARD THAT CONTAINS INFORMATION ABOUT THE LICENSE THAT THE DEPARTMENT PROVIDES WHEN IT ISSUES A LICENSE UNDER THIS ARTICLE.”.

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

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

House Bill No. 4407, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies and the judicial branch for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.

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.

Senate Bill No. 28, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 19 (MCL 205.19), as amended by 2002 PA 657.

The Senate has passed the bill.

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

Senate Bill No. 104, entitled

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

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 169.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 171.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 172.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 173.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 174.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 175.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 176.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 177.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 178.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 179.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 180.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 181.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 182.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 183.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 184.

Rep. Moss

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 185.

Rep. Moss

Explanation of “No” Votes

Rep. McCann, having reserved the right to explain his protest against the passage of House Bill No. 4325, made the following statement:

“Mr. Speaker and members of the House:

I’ve heard it said many times now that this is a ‘tough budget.’ It’s been said that ‘we wish we had the money, but we don’t.’

I’ve been thinking about why this is such a ‘tough budget?’ What’s driving these ‘very difficult decisions?’ this ‘right-sizing of government’ this ‘prioritizing of hard cuts,’ this great need for ‘fiscal discipline’ and for curing our ‘spending addiction’

Difficult decisions like:

- cutting 15% from community colleges against the Governor’s recommendation

- raising taxes on seniors

- cutting 15% to our, essentially state-assisted now, public universities

- reversing the reduction of the personal income tax rate

- and much more..

The only logic I can seem to find for this is… to ensure we can fully fund an 82% tax break for corporations in Michigan. A 6% corporate income tax. Not 7%. Not 8%. Just 6%. This appears to be non-negotiable.

We do this even though, while a few may claim the opposite, we know that taxes don’t drive economic development decisions, an educated workforce and good quality of life do.

My point is this, Mr. Speaker: had we just set out to balance this education budget given the current circumstances, using the available tax revenue, that would be one thing. If we did, I know the budget would look a lot different. Instead, a manufactured crisis is created that offers the excuse to make these debilitating cuts.

If this isn’t true, if we really wanted to pay down debt and unfunded mandates, why stop here? Why not cut MORE? If we can cut poor urban school districts, Meals on Wheels, and senior volunteer programs, clearly we have the stomach to cut anything.

Yes Mr. Speaker, our caucus’ amendments did add money back to the budget – and much of that money would be there if it were not for the massive shift of tax burden off of corporations and on to seniors, children, education and the working poor. We also all know there’s going to be a surplus in the School Aid Fund but aren’t willing to wait and factor it into our deliberations.

Mr. Speaker, there also lies a substantial danger in establishing a precedent of using the School Aid Fund for K-12, higher education and community colleges. Even though it may be technically permitted by the constitution, though that is questionable, it is not a path we should go down or the voters who approved Proposal A ever expected us to go down. This is going to cause our universities, colleges, and k-12 institutions to now fight each other for the same funding pie in the future.

In conclusion, Mr. Speaker, I’m proud to represent the home of the well-known Kalamazoo Promise. Wise and generous people in the community realized that the real key to healthy, economically vital communities is to create a culture of educational excellence – by funding it. And it’s not just wealthy donors who buy-in, the taxpayers do also: for example, our county voters just renewed on Tuesday a school enhancement millage by a 3-1 margin. This budget, unfortunately, dishonors the voters in my community.

Mr. Speaker, this is what appears to be the bottom line:

1) We have a manufactured budget crisis

2) We have a education budget that makes irreparable educational cuts

3) We have a budget that will pit our educational institutions against each other

4) This is a budget that raises taxes on middle-class families.

We should reject this budget and do a better job funding our schools.”

Introduction of Bills

Rep. Crawford introduced

House Bill No. 4620, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 2 (MCL 207.552), as amended by 2010 PA 273.

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

Reps. MacGregor, Horn, Lyons, Hooker, Yonker, Haveman, Shaughnessy and Farrington introduced

House Bill No. 4621, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 2011 PA 9.

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

Reps. MacGregor, Horn, Lyons, Hooker, Yonker, Haveman, Shaughnessy and Farrington introduced

House Bill No. 4622, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1255a.

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

Reps. Nathan, Womack, Jackson, Durhal, Howze, Talabi, Stapleton, Tlaib and Stallworth introduced

House Bill No. 4623, entitled

A bill to amend 1964 PA 284, entitled “City income tax act,” by amending sections 3 and 3c of chapter 1 (MCL 141.503 and 141.503c), section 3 as amended by 2007 PA 209 and section 3c as amended by 1998 PA 500.

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

Reps. Santana, Jackson, Durhal, Womack, Nathan, Talabi, Howze, Stallworth, Bledsoe and Yonker introduced

House Bill No. 4624, entitled

A bill to amend 1990 PA 100, entitled “City utility users tax act,” by amending the title and section 2 (MCL 141.1152), the title as amended by 1998 PA 548 and section 2 as amended by 2005 PA 197.

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

Rep. Rogers introduced

House Bill No. 4625, entitled

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

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

Rep. Scott introduced

House Bill No. 4626, entitled

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

Rep. O’Brien introduced

House Bill No. 4627, entitled

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

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

Reps. Yonker and Haveman introduced

House Bill No. 4628, entitled

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

Reps. Potvin, Franz, Rendon, MacMaster, Bumstead, Foster, Johnson, Outman, Cotter, Huuki, McBroom, Crawford and Pettalia introduced

House Bill No. 4629, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81131 (MCL 324.81131), as amended by 2009 PA 175.

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

Rep. McBroom introduced

House Bill No. 4630, entitled

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

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

Reps. Byrum, Cotter, Constan, Darany, Slavens, Bauer, Geiss, Haugh, Hovey-Wright, Liss, Tlaib, Barnett, Switalski, Lindberg, Olumba, Lane, LeBlanc, Hughes, Brunner, Foster, Wayne Schmidt, MacGregor, Ananich, Lipton and Callton introduced

House Bill No. 4631, entitled

A bill to establish the special Olympics Michigan fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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

Reps. Cotter, Byrum, Constan, Geiss, Darany, Slavens, Bauer, Haugh, Hovey-Wright, Liss, Barnett, Switalski, Lindberg, Olumba, Lane, LeBlanc, Hughes, Brunner, Foster, Wayne Schmidt, MacGregor, Ananich, Lipton and Callton introduced

House Bill No. 4632, 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.

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

Announcements by the Clerk

May 5, 2011

Received from the Auditor General a copy of the following audit report and/or report summary:

Financial audit, including the provisions of the Single Audit Act, of the Department of Civil Rights (DCR) for the period October 1, 2008 through September 30, 2010.

May 6, 2011

Received from the Auditor General a copy of the following audit report and/or report summary:

Financial audit, including the provisions of the Single Audit Act, of the Department of Attorney General for the period October 1, 2008 through September 30, 2010.

Gary L. Randall

Clerk of the House

______

Rep. Nathan moved that the House adjourn.

The motion prevailed, the time being 3:15 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, May 11, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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