No. 25

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Tuesday, March 15, 2011.

1:30 p.m.

The House was called to order by the Speaker.

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

Agema—present Gilbert—present 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

Rep. Rudy Hobbs, from the 35th district, offered the following invocation:

“Dear Heavenly Father,

We come before You giving You all the honor and glory O Lord.

Lord we thank You for Your tender mercy. You are a faithful God, a loving God, and a forgiving God.

We thank You for all of Your wonderful blessings.

Lord, today we humbly ask that You work within our hearts and make us better servants to one another.

We know that as leaders You have called us to do good work for all of Your people.

We pray that You bless us with the wisdom, the strength, and the courage needed for each of us to lead with the character we know You require of us.

So let us not lead with the desires of our mortality, our eyes, or our pride, but allow us to lead with You in our heart and mind. In this way, O Lord, we know the work we do is aligned with Your will.

Finally Lord, we ask that You bless this great state of Michigan with Your mercy, love, and grace.

This we ask in Your son Jesus Christ’s name. Amen.”

Motions and Resolutions

Reps. Price, Shirkey, Opsommer, Haveman and Nesbitt offered the following resolution:

House Resolution No. 45.

A 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.

Whereas, The need for and cost of new, long-distance transmission lines is an important challenge facing the electricity industry in the United States. Most industry experts agree that new transmission facilities are needed to ensure that the electric grid system in the United States can support the development of new renewable energy projects and meet the future electric demands of a technologically driven economy. However, transmission enhancements are extremely expensive. For instance, the Department of Energy estimates that expanding the use of wind power will require transmission expansion costs of $60 billion by 2030; and

Whereas, Ultimately, the costs of new transmission and who pays these costs are determined by the Federal Energy Regulatory Commission (FERC). Under the Federal Power Act, FERC has the authority to regulate interstate transmission and must ensure that transmission rates are just and reasonable. Justness is also a centerpiece of FERC’s Order 890, issued in 2007, which establishes the commission’s transmission cost allocation principles. Under Order 890, FERC stated that when determining who pays for new transmission, they will first consider whether the cost allocation proposal fairly assigns costs among participants, including those who cause them to be incurred and those who otherwise benefit from them. FERC also stated the intent to consider the support of state authorities and participants when approving cost allocation proposals; and

Whereas, The transmission tariff proposed by the Midwest Independent Transmission System Operator (MISO), which controls the grid in Michigan, 14 other states, and the province of Manitoba, is neither fair nor just, particularly for Michigan ratepayers. MISO’s plan to allocate 100 percent of the costs of certain transmission projects designated as “Multi Value Projects” (MVP) to all customers in the MISO region does not consider the unique situation of Michigan as a peninsular state that will generally not benefit from the construction of transmission lines in other parts of the MISO region; and

Whereas, Since Michigan accounts for 20 percent of the MISO market its consumers would have to pay a fifth of the $16 billion in transmission projects planned in the region under the FERC plan even though the state would get little to no benefit from the projects. That means Michigan citizens and businesses will have to pay an additional $640 million annually for more than two decades even though the state will receive none of the electricity delivered by these new power lines. This will only make it harder for the state to attract and keep businesses. FERC’s ruling could set an unfortunate precedent that punishes consumers around the country by abandoning the requirement that only those benefiting from transmission should pay for it; and

Whereas, In a November 7, 2010 editorial entitled “The Great Transmission Heist: The latest scheme to subsidize solar and wind power to the detriment of rate payers,” the Wall Street Journal (WSJ) criticized the FERC for promoting unjust socialized cost allocation proposals. According to the WSJ, the FERC wants electricity customers to subsidize the costs of multi-billion dollar transmission lines to connect remote wind and solar projects to the nation’s electric power grid. The WSJ says that Michigan will be one of the “biggest losers” under FERC’s socialized cost allocation scheme; and

Whereas, Michigan ratepayers are already bearing the costs of renewable energy-related transmission. Pursuant to the Clean, Renewable, and Efficient Energy Act, enacted by Michigan lawmakers in 2008, Michigan ratepayers are responsible for the cost of transmission that is needed to deploy renewable energy projects within our state. MISO and FERC must take these costs into consideration before they layer additional transmission costs on Michigan ratepayers; and

Whereas, Since MISO’s transmission tariff is not fair to Michigan ratepayers, it should not have been approved by FERC. Additionally, FERC was wrong to approve the tariff because MISO’s MVP proposal is not supported by state authorities and participants across the MISO region; now, therefore, be it

Resolved by the House of Representatives, That we support the Michigan Public Service Commission’s and the MISO Northeast Transmission Customers’ request for clarification and application for rehearing of FERC’s December 16 Order approving the Midwest Independent Transmission System Operator’s cost allocation proposal to socialize transmissions costs; and be it further

Resolved, That we urge FERC to modify its December 16 Order so that Michigan ratepayers are fairly treated and only those ratepayers who benefit from transmission upgrades bear the cots of those upgrades; and be it further

Resolved, That copies of this resolution be transmitted to the Chairman of the Federal Energy Regulatory Commission, the Chairman of the Michigan Public Service Commission, the Chairman of the Midwest Independent Transmission System Operator, and the Chairman of the ITC Transco.

The resolution was referred to the Committee on Energy and Technology.

Reps. Price, Shirkey, Opsommer, Haveman and Nesbitt offered the following concurrent resolution:

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.

Whereas, The need for and cost of new, long-distance transmission lines is an important challenge facing the electricity industry in the United States. Most industry experts agree that new transmission facilities are needed to ensure that the electric grid system in the United States can support the development of new renewable energy projects and meet the future electric demands of a technologically driven economy. However, transmission enhancements are extremely expensive. For instance, the Department of Energy estimates that expanding the use of wind power will require transmission expansion costs of $60 billion by 2030; and

Whereas, Ultimately, the costs of new transmission and who pays these costs are determined by the Federal Energy Regulatory Commission (FERC). Under the Federal Power Act, FERC has the authority to regulate interstate transmission and must ensure that transmission rates are just and reasonable. Justness is also a centerpiece of FERC’s Order 890, issued in 2007, which establishes the commission’s transmission cost allocation principles. Under Order 890, FERC stated that when determining who pays for new transmission, they will first consider whether the cost allocation proposal fairly assigns costs among participants, including those who cause them to be incurred and those who otherwise benefit from them. FERC also stated the intent to consider the support of state authorities and participants when approving cost allocation proposals; and

Whereas, The transmission tariff proposed by the Midwest Independent Transmission System Operator (MISO), which controls the grid in Michigan, 14 other states, and the province of Manitoba, is neither fair nor just, particularly for Michigan ratepayers. MISO’s plan to allocate 100 percent of the costs of certain transmission projects designated as “Multi Value Projects” (MVP) to all customers in the MISO region does not consider the unique situation of Michigan as a peninsular state that will generally not benefit from the construction of transmission lines in other parts of the MISO region; and

Whereas, Since Michigan accounts for 20 percent of the MISO market its consumers would have to pay a fifth of the $16 billion in transmission projects planned in the region under the FERC plan even though the state would get little to no benefit from the projects. That means Michigan citizens and businesses will have to pay an additional $640 million annually for more than two decades even though the state will receive none of the electricity delivered by these new power lines. This will only make it harder for the state to attract and keep businesses. FERC’s ruling could set an unfortunate precedent that punishes consumers around the country by abandoning the requirement that only those benefiting from transmission should pay for it; and

Whereas, In a November 7, 2010 editorial entitled “The Great Transmission Heist: The latest scheme to subsidize solar and wind power to the detriment of rate payers,” the Wall Street Journal (WSJ) criticized the FERC for promoting unjust socialized cost allocation proposals. According to the WSJ, the FERC wants electricity customers to subsidize the costs of multi-billion dollar transmission lines to connect remote wind and solar projects to the nation’s electric power grid. The WSJ says that Michigan will be one of the “biggest losers” under FERC’s socialized cost allocation scheme; and

Whereas, Michigan ratepayers are already bearing the costs of renewable energy-related transmission. Pursuant to the Clean, Renewable, and Efficient Energy Act, enacted by Michigan lawmakers in 2008, Michigan ratepayers are responsible for the cost of transmission that is needed to deploy renewable energy projects within our state. MISO and FERC must take these costs into consideration before they layer additional transmission costs on Michigan ratepayers; and

Whereas, Since MISO’s transmission tariff is not fair to Michigan ratepayers, it should not have been approved by FERC. Additionally, FERC was wrong to approve the tariff because MISO’s MVP proposal is not supported by state authorities and participants across the MISO region; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we support the Michigan Public Service Commission’s and the MISO Northeast Transmission Customers’ request for clarification and application for rehearing of FERC’s December 16 Order approving the Midwest Independent Transmission System Operator’s cost allocation proposal to socialize transmissions costs; and be it further

Resolved, That we urge FERC to modify its December 16 Order so that Michigan ratepayers are fairly treated and only those ratepayers who benefit from transmission upgrades bear the cots of those upgrades; and be it further

Resolved, That copies of this resolution be transmitted to the Chairman of the Federal Energy Regulatory Commission, the Chairman of the Michigan Public Service Commission, the Chairman of the Midwest Independent Transmission System Operator, and the Chairman of the ITC Transco.

The concurrent resolution was referred to the Committee on Energy and Technology.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4214, entitled

A bill to safeguard the continued financial viability of units of local government, including school districts; to preserve the capacity of units of local government to provide necessary services essential to the public health, safety, and welfare; to provide for review, management, planning, and control of the financial operation of units of local government, including school districts; to provide criteria to be used in determining the financial condition of units of local government, including school districts; to permit a declaration of the existence of a local government financial emergency and to prescribe the powers and duties of the governor, other state departments, boards, agencies, officials, and employees, and officials and employees of units of local government, including school districts; to provide for placing units of local government, including school districts, into state receivership; to provide for a review and appeal process; to provide for the appointment and to prescribe the powers and duties of an emergency manager; to require the development of financial plans to regulate expenditures and investments by units of local government, including school districts, in a state of financial stress or financial emergency; to provide for the modification or termination of contracts under certain circumstances; to set forth the conditions for termination of a local government financial emergency; and to repeal acts and parts of acts.

(The bill was received from the Senate on March 9, with substitute (S-4), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 10, see House Journal No. 23, p. 298.)

The question being on concurring in the substitute (S-4) made to the bill by the Senate,

Rep. Stapleton moved to amend the Senate substitute (S-4) as follows:

1. Amend page 36, line 5, after “1963.” by inserting “In addition, an emergency manager appointed for a city or village shall not sell or transfer a public utility furnishing water without the approval of a majority of the electors of the city or village voting thereon.”.

2. Amend page 36, line 7, after “furnishing” by inserting “water,”.

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

Rep. Nathan moved to amend the Senate substitute (S-4) as follows:

1. Amend page 4, following line 2, subdivision (d), after “section 18” by striking out the balance of subdivision (d) and inserting a period.

2. Amend page 24, line 20, after “section 18” by striking out the balance of the line through “district,” on line 21.

3. Amend page 26, line 3, by striking out all of subdivision (e) and relettering the remaining subdivision.

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

Rep. Melton moved to amend the Senate substitute (S-4) as follows:

1. Amend page 29, line 26, after “board” by striking out the balance of the line through “board” on line 2 of page 30.

2. Amend page 30, line 10, after “method.” by striking out the balance of the subdivision.

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

Rep. Haugh moved to amend the Senate substitute (S-4) as follows:

1. Amend page 23, line 16, after “treasurer.” by inserting “The annual compensation of the emergency manager shall not exceed the annual salary of the governor of this state as determined by the state officers’ compensation commission under 1968 PA 357, MCL 15.211 to 15.218.”.

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

Rep. Stanley moved to amend the Senate substitute (S-4) as follows:

1. Amend page 18, line 27, by striking out “19(1)(p)” and inserting “19(1)(o)”.

2. Amend page 19, line 27, after “section” by striking out “19(1)(k)” and inserting “19(1)(j)”.

3. Amend page 28, line 15, by striking out all of subdivisions (j) and (k) and inserting:

“(j) Negotiate, renegotiate, approve, and enter into contracts on behalf of the local government.” and relettering the remaining subdivisions.

The question being on the adoption of the amendments offered by Rep. Stanley,

Rep. Stanley demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Stanley,

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

Roll Call No. 33 Yeas—48

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. Zorn

Nays—62

Agema Goike Lund Poleski

Bolger Haines Lyons Potvin

Bumstead Haveman MacGregor Price

Callton Heise MacMaster Pscholka

Cotter Hooker McBroom Rendon

Crawford Horn McMillin Rogers

Daley Hughes Moss Schmidt, W.

Damrow Huuki Muxlow Scott

Denby Jacobsen Nesbitt Shaughnessy

Farrington Jenkins O’Brien Shirkey

Forlini Johnson Olson Somerville

Foster Knollenberg Opsommer Stamas

Franz Kowall Ouimet Tyler

Genetski Kurtz Outman Walsh

Gilbert LaFontaine Pettalia Yonker

Glardon Lori

In The Chair: Walsh

The question being on concurring in the substitute (S-4) made to the bill by the Senate,

The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 34 Yeas—62

Agema Goike Lund Poleski

Bolger Haines Lyons Potvin

Bumstead Haveman MacGregor Price

Callton Heise MacMaster Pscholka

Cotter Hooker McBroom Rendon

Crawford Horn McMillin Rogers

Daley Hughes Moss Schmidt, W.

Damrow Huuki Muxlow Scott

Denby Jacobsen Nesbitt Shaughnessy

Farrington Jenkins O’Brien Shirkey

Forlini Johnson Olson Somerville

Foster Knollenberg Opsommer Stamas

Franz Kowall Ouimet Tyler

Genetski Kurtz Outman Walsh

Gilbert LaFontaine Pettalia Yonker

Glardon Lori

Nays—48

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. Zorn

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.

______

Rep. Zorn, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

No Vote Explanation

HB 4214

I voted against House Bill 4214, a bill to expand the powers of emergency managers, because it gives these appointed managers total control over local boards who are elected by the people. I believe local elected officials, such as city or village council members and school board members, deserve a voice in the process. It is the local elected official, and not an appointed manager with no connection to the community, who knows what is best for their home town or school district.

Largely due to this issue, I cannot vote in favor of this legislation as it is currently written.”

Rep. Hovey-Wright, having reserved the right to explain her nay vote, made the following statement:

“Mr. Speaker and members of the House:

The powers of the EFM are unchecked, and there is no balance of power. Voting rights of citizens are violated when an EFM can remove the elected officials.”

Rep. Barnett, having reserved the right to explain her nay vote, made the following statement:

“Mr. Speaker and members of the House:

This bill allows an appointed emergency financial manager to override the will of the voters by dismissing the local elected body, disregard the municipal or school charter and cancel all contracts without due process.”

Rep. Tlaib, having reserved the right to explain her nay vote, made the following statement:

“Mr. Speaker and members of the House:

The creation of a new ‘Local Government and School District Accountability Act’ and the amendment of five additional acts, to govern both the selection and the work of emergency financial managers would repeal the existing Local Government Fiscal Responsibility Act (Public Act 72 of 1990).

House Bill 4214 would allow an Emergency Financial Manager (EFM) to dismantle our local governments. More importantly, it takes away our core American principle and right to elect people to balance our budget and educate our children.

Under the new law, an emergency manager (appointed by the state treasurer or the state school superintendent, if a school district) would be able to revoke labor contracts, suspend collective bargaining, negatively impact pension systems, and suspend the power and authority of city managers and local elected officials.

This bill puts too much power in the hands of individuals who most likely will not be from Michigan and don’t fully understand the needs of our families.”

Rep. Kandrevas, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

I vote NO on HB 4214 and SB 157 and SB 158 and protest the events that transpired on the floor today. Many good amendments were offered today, with the result being only one record roll call vote granted by the Majority Party on these amendments, and an utter disregard for demands by the requisite number of voting members for a record roll call vote on the question of Immediate Effect.”

Second Reading of Bills

Senate Bill No. 158, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending the title and section 15 (MCL 423.215), section 15 as amended by 2009 PA 201.

The bill was read a second time.

Rep. Geiss moved to amend the bill as follows:

1. Amend page 5, line 27, after “ACT.” by striking out the balance of the subsection.

2. Amend page 6, line 4, after “ACT.” by striking out the balance of the subsection.

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

Rep. Meadows moved to amend the bill as follows:

1. Amend page 5, line 25, after “TO” by striking out “REJECT, MODIFY, OR TERMINATE” and inserting “RENEGOTIATE”.

2. Amend page 6, line 3, by striking out “REJECTED, MODIFIED, OR TERMINATED” and inserting “RENEGOTIATED”.

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

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

The motion prevailed.

Senate Bill No. 157, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1280c (MCL 380.1280c), as added by 2009 PA 204.

The bill was read a second time.

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

Third Reading of Bills

Rep. Stamas moved that Senate Bill No. 158 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

Senate Bill No. 158, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending the title and section 15 (MCL 423.215), section 15 as amended by 2009 PA 201.

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

Roll Call No. 35 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. Kandrevas, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I vote NO on HB 4214 and SB 157 and SB 158 and protest the events that transpired on the floor today. Many good amendments were offered today, with the result being only one record roll call vote granted by the Majority Party on these amendments, and an utter disregard for demands by the requisite number of voting members for a record roll call vote on the question of Immediate Effect.”

Rep. Stamas moved that Senate Bill No. 157 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

Senate Bill No. 157, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1280c (MCL 380.1280c), as added by 2009 PA 204.

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

Roll Call No. 36 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

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

“An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

______

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

“Mr. Speaker and members of the House:

I vote NO on HB 4214 and SB 157 and SB 158 and protest the events that transpired on the floor today. Many good amendments were offered today, with the result being only one record roll call vote granted by the Majority Party on these amendments, and an utter disregard for demands by the requisite number of voting members for a record roll call vote on the question of Immediate Effect.”

Second Reading of Bills

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.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 21, p. 275),

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

Rep. Walsh 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

The Speaker laid before the House

Senate Concurrent Resolution No. 8.

A concurrent resolution to revise the project costs of the Western Michigan University Sangren Hall Replacement project.

(The concurrent resolution was postponed for the day on February 23, see House Journal No. 17, p. 208.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

______

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 Friday, March 11:

House Bill Nos. 4409 4410 4411 4412 4413 4414

Senate Bill Nos. 254 255 256 257 258 259 260 261 262 263

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, March 15, for his approval of the following bills:

Enrolled House Bill No. 4216 at 11:07 a.m.

Enrolled House Bill No. 4217 at 11:09 a.m.

Enrolled House Bill No. 4218 at 11:11 a.m.

Reports of Standing Committees

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

House Bill No. 4371, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43517, 43520, 43525a, and 43531 (MCL 324.43517, 324.43520, 324.43525a, and 324.43531), sections 43517 and 43520 as amended by 2006 PA 282, section 43525a as amended by 2006 PA 280, and section 43531 as amended by 2009 PA 70.

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

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

Favorable Roll Call

To Report Out:

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

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, March 15, 2011

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

Absent: Rep. Stapleton

Excused: Rep. Stapleton

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

House Bill No. 4287, entitled

A bill to provide for fair and open competition in governmental construction contracts, grants, tax abatements, and tax credits; to prohibit requirements for certain terms in government contracts and contracts supported through government grants and tax subsidies and abatements; to prohibit expenditure of public funds under certain conditions; to prohibit certain terms in procurement documents for certain expenditures involving public facilities; and to provide for powers and duties of certain public officers, employees, and contractors.

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

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

“Sec. 13. This act does not do any of the following:

(a) Prohibit employers or other parties from entering into agreements or engaging in any other activity protected by the national labor relations act, 29 USC 151 to 169.

(b) Interfere with labor relations of parties that are protected under the national labor relations act, 29 USC 151 to 169.

(c) Affect any provision in 1965 PA 166, MCL 408.551 to 408.558.”.

The bill and amendment 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 and Zorn

Nays: Reps. Switalski, Bledsoe, Haugh, Barnett, Clemente, Melton and Olumba

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

House Bill No. 4408, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 10, 15, 54, and 62 (MCL 421.10, 421.15, 421.54, and 421.62), section 10 as amended by 2003 PA 84, section 15 as amended by 1996 PA 498, section 54 as amended by 2002 PA 192, and section 62 as amended by 1995 PA 125.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Farrington, Glardon, Shaughnessy, Somerville and Zorn

Nays: Rep. Shirkey

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

Senate Bill No. 144, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88a (MCL 125.2088a), as amended by 2006 PA 639.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

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, March 15, 2011

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

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

House Bill No. 4059, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 10 (MCL 423.210).

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. McMillin, Jacobsen, Denby and Price

Nays: Reps. Bledsoe and Brown

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

Senate Concurrent Resolution No. 9.

A concurrent resolution to reject the proposed increase in rates of compensation recommended by the Civil Service Commission and contained in the Executive Budget for fiscal year 2011-2012 relative to the extension of health benefits to adults and their dependents living with but not related to a classified employee.

(For text of concurrent resolution, see House Journal No. 24, p. 302.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. McMillin, Jacobsen, Denby and Price

Nays: Reps. Bledsoe and Brown

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 15, 2011

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

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, March 15, 2011

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

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, March 15, 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. Damrow, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:

Meeting held on: Tuesday, March 15, 2011

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

Messages from the Governor

Date: March 10, 2011

Time: 2:42 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4160 (Public Act No. 3, I.E.), being

An act to amend 1984 PA 270, entitled “An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,” by amending section 88b (MCL 125.2088b), as amended by 2010 PA 271.

(Filed with the Secretary of State March 11, 2011, at 1:37 p.m.)

Communications from State Officers

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

March 9, 2011

Pursuant to the provisions of the Campaign Finance Act, 1976 PA 388, as amended, MCL 169.201 et seq, (the “Act”), the various dollar figures specified in section 46 have been reviewed in light of the changes in the Consumer Price Index compiled by the United States Department of Labor and the number of registered voters in the state. By this letter I am transmitting the results of that review in accordance with the provisions of section 46. These figures are not recommendations for legislative changes.

The Consumer Price Index for August 2010 was 205.4, which represents a decrease in prices of -1.96% since August of 2008. Since October of 2008 there has been a -0.026% decrease in the number of registered voters in the state from 7,470,764 to 7,276,237.

The first column of figures (Current) is the dollar amounts included in current law. The second column (CPI) reflects the current amounts as adjusted by the Consumer Price Index. The third column (CPI and Voters) is adjusted to show the change in the number of registered voters as well as the change in the CPI.

Sincerely,

Ruth Johnson

Secretary of State

The communication was referred to the Clerk.

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

March 10, 2011

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Agriculture and the State Office of Administrative Hearings and Rules filed Administrative Rule #2010-024-AC (Secretary of State Filing #11-03-01) on this date at 12:11 P.M. for the Department of Agriculture, entitled “Regulation No. 628. Seed Potato”.

This rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

March 10, 2011

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Community Health and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-050-CH (Secretary of State Filing #11-03-02) on this date at 12:13 P.M. for the Department of Community Health, entitled “Board of Acupuncture”.

This rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Rep. Foster introduced

House Bill No. 4415, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2010 PA 185.

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

Rep. Foster introduced

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.

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

Rep. Oakes introduced

House Bill No. 4417, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3204 (MCL 600.3204), as amended by 2009 PA 29; and to repeal acts and parts of acts.

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

Rep. Wayne Schmidt introduced

House Bill No. 4418, entitled

A bill to amend 1957 PA 185, entitled “An act to authorize the establishing of a department and board of public works in counties; to prescribe the powers and duties of any municipality subject to the provisions of this act; to authorize the incurring of contract obligations and the issuance and payment of bonds or notes; to provide for a pledge by a municipality of its full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary; to validate obligations issued; and to prescribe a procedure for special assessments and condemnation,” by amending section 2 (MCL 123.732), as amended by 1987 PA 214.

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

Rep. Wayne Schmidt introduced

House Bill No. 4419, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2009 PA 210.

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

Reps. Walsh, Goike, Rutledge, Wayne Schmidt, Heise, Cotter, Potvin, Foster, Zorn, Horn and Shirkey introduced

House Bill No. 4420, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 6 and 7 (MCL 38.1306 and 38.1307), as amended by 1995 PA 272.

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

Rep. Lindberg introduced

House Bill No. 4421, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 541 (MCL 436.1541), as amended by 2008 PA 489.

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

Reps. Talabi, Santana, Hobbs, Dillon, Brunner, Segal, Smiley, Haugh, Ananich, Lipton, Darany, Kandrevas, McCann, Slavens, Switalski, Geiss, Barnett, Bauer, Liss, Howze, Meadows and Jackson introduced

House Bill No. 4422, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7u (MCL 211.7u), as amended by 2003 PA 140.