No. 55

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Tuesday, June 14, 2011.

1:30 p.m.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Daley—present Jackson—excused 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—excused

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 Dan Bowman, Pastor of First United Methodist Church in Marlette, offered the following invocation:

“Dear Gracious and Mighty God,

We gather today in the presence of You Who have given us self-evident truths and certain inalienable rights. We call upon Your unmatched guidance in these troubled days. We thank You for the blessings that You have provided for our state and our nation, for the resources and wisdom that have led us to receive a bounty of provision and have carried us to be a city upon the hill and an arm of justice to the world.

We ask that You provide guidance to these elected officials of the state of Michigan, so as they convene, they may do so in the realm of Your wisdom, Your courage, Your compassion and Your virtue. Lead them that they may rightly guide through legislation the direction of our state as we move into the future.

We recognize the difficulty of the decisions that they face. We acknowledge that such decisions affect many in this state and that in such times as these, their decisions are neither simple nor made without much careful consideration. Heavy is the burden they bear in the pursuit of righteousness, but strong is the arm of our God who leads them.

Therefore guide this body of men and women that they may truly hear the voice of Your timeless understanding, and plant the governmental seeds of fruitfulness and hope.

Enable them beyond the existence of their human capabilities, that they may surely find Divine inspiration and light to overcome this season of struggle. Grant them unity, tireless determination and encouragement to discover Your vision for our state.

May their work be the object of faithful and consistent prayer by the citizens of this great state. And may they feel that prayerful support daily.

It is in Your powerful Name, and with great reverence and awe that we pray for these proceedings. Amen.”

______

The Speaker assumed the Chair.

______

Rep. Segal moved that Reps. Haugh, Jackson and Womack be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Meadows, Constan, Huuki, Kurtz and Slavens offered the following resolution:

House Resolution No. 101.

A resolution to memorialize the President and the Congress of the United States to allow access to frozen Libyan assets to address the situation facing Libyan students studying at American universities and participating in academic programs.

Whereas, The ongoing turmoil in Libya is having ramifications far beyond the immediate areas of conflict. One group facing a host of very serious difficulties is the population of Libyans studying in the United States; and

Whereas, According to the Chronicle of Higher Education, approximately 2,000 students from Libya are studying at American universities, either pursuing degrees or participating in special academic programs. Today, these students face a host of serious and immediate challenges, even as they are living with fears for their families back home and concerns for the future of their homeland; and

Whereas, The Libyan National Economic Development Board stopped funding for Libyan students at the end of March. As a result, most Libyan students, unable to hold jobs under the terms of their student visas, have no money available to them for food, housing, or health care. Many universities, including Michigan State University, are providing emergency assistance in order to help students acquire these necessary resources; and

Whereas, Given the tense situation in Libya, which currently is engulfed in armed conflict, it is important to understand that these visiting students and scholars also face conflicts among themselves. The body of our visiting Libyan students includes both those who oppose and those who are in favor of the actions taken by the Libyan government. This tension endangers the safety of the students as well; and

Whereas, Compounding the challenges facing Libyan students is the fact that visas for many of them, including the students in Michigan State University’s Visiting International Professional Program, are expiring. Currently, students are filling out asylum forms, but without legal advice the process is very strenuous. The students cannot afford a lawyer to help them, and the university cannot provide any legal services; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the President and the Congress of the United States to make every effort to open up assets for Libyan graduate students and students that are in other academic programs; and be it further

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

The resolution was referred to the Committee on Government Operations.

Reps. MacGregor, Lyons, Stapleton, MacMaster, Wayne Schmidt, Franz, Irwin, Yonker, Pscholka, Roy Schmidt, Barnett, Crawford, Dillon, Heise, Horn, Knollenberg, LeBlanc, Nesbitt and Slavens offered the following resolution:

House Resolution No. 102.

A resolution to declare July 2011 as Craft Beer Month in the state of Michigan.

Whereas, Michigan craft brewers are a vibrant affirmation and expression of Michigan’s entrepreneurial traditions, operating as community-based small businesses and providing employment for more than 1,000 workers; and

Whereas, Michigan has craft brewers in every region of the state and more than 100 craft brewers statewide; and

Whereas, The Michigan Brewers Guild celebrates Michigan Craft Beer Month each year by hosting a Summer Festival in July; and

Whereas, Michigan craft brewers support Michigan agriculture by purchasing hops, beet sugar, cherries, apples, and numerous other fruits, herbs, and vegetables grown in Michigan; and

Whereas, Michigan craft brewers promote Michigan’s spirit of independence through a renaissance in hand-crafted beers like those first brought to Michigan by European settlers and produced here by our forefathers, including Bernhard Stroh, for the enjoyment of the citizenry; and

Whereas, Michigan craft brewers strive to educate legal drinking-age residents about the differences in beer flavor, aroma, color, alcohol content, body, and other complex variables, as well as historic brewing traditions, beer history, and gastronomic qualities of beer; and

Whereas, Michigan craft brewers champion the message of responsible enjoyment to their customers and work within their communities to prevent alcohol abuse and underage drinking; and

Whereas, Michigan craft brewers produce more than 100 distinct styles of flavorful beers, the quality and diversity of which have made Michigan the envy of many states, contributing to balanced trade with increased Michigan exports, and promoting Michigan tourism; and

Whereas, Michigan craft brewers have been a successful business model during our state’s economic struggles, thriving and expanding - furthering their economic importance to our state; and

Whereas, Michigan craft brewers are vested in the future, health, and welfare of their communities as employers providing a diverse array of quality local jobs, as contributors to the local tax base, and as committed sponsors of a broad range of vital community institutions and philanthropic causes, including not-for-profit housing development associations, chambers of commerce, humane societies, athletic teams, and medical research; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare July 2011 as Craft Beer Month in the state of Michigan. We recognize the contributions that Michigan craft brewers have made to the state’s communities, economy, and history; and be it further

Resolved, That we commend Michigan craft brewers for providing jobs, improving the balance of trade, supporting Michigan agriculture, and educating residents about the history and culture of beer while promoting the responsible consumption of beer as a beverage of moderation.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called Associate Speaker Pro Tempore Opsommer to the Chair.

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 13.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 173 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 14.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 174 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 15.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 175 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 16.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 176 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 17.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 177 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 18.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 178 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 19.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 179 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 20.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 180 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 21.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 181 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 22.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 182 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 23.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 183 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 24.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 184 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 25.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 185 Yeas—106

Agema Genetski Lipton Price

Ananich Gilbert Liss Pscholka

Barnett Glardon Lori Rendon

Bauer Goike Lund Rogers

Bledsoe Haines Lyons Rutledge

Bolger Hammel MacGregor Santana

Brown Haveman MacMaster Schmidt, R.

Brunner Heise McBroom Schmidt, W.

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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 26.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 186 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

The Speaker laid before the House

House Concurrent Resolution No. 27.

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

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

(The concurrent resolution was reported by the Committee on Appropriations on June 8.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

“Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk’s office.”

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 187 Yeas—107

Agema Genetski Lipton Pscholka

Ananich Gilbert Liss Rendon

Barnett Glardon Lori Rogers

Bauer Goike Lund Rutledge

Bledsoe Haines Lyons Santana

Bolger Hammel 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 Jacobsen O’Brien Stanley

Damrow Jenkins Oakes Stapleton

Darany Johnson Olson Switalski

Denby Kandrevas Olumba Talabi

Dillon Knollenberg Opsommer Tlaib

Durhal Kowall Ouimet Townsend

Farrington Kurtz Outman Tyler

Forlini LaFontaine Pettalia Walsh

Foster Lane Poleski Yonker

Franz LeBlanc Potvin Zorn

Geiss Lindberg Price

Nays—0

In The Chair: Opsommer

Messages from the Senate

The Speaker laid before the House

House Bill No. 4111, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 503 (MCL 324.503), as amended by 2004 PA 587.

(The bill was received from the Senate on May 31, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 1, see House Journal No. 50, p. 1345.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 188 Yeas—78

Agema Glardon Lori Potvin

Ananich Goike Lund Price

Bauer Haines Lyons Pscholka

Bolger Hammel MacGregor Rendon

Bumstead Haveman MacMaster Rogers

Byrum Heise McBroom Schmidt, R.

Callton Hooker McMillin Schmidt, W.

Clemente Horn Meadows Scott

Cotter Hughes Melton Shaughnessy

Crawford Huuki Moss Shirkey

Daley Jacobsen Muxlow Slavens

Damrow Jenkins Nesbitt Smiley

Denby Johnson O’Brien Somerville

Dillon Knollenberg Olson Stamas

Farrington Kowall Opsommer Stapleton

Forlini Kurtz Ouimet Tyler

Foster LaFontaine Outman Walsh

Franz Lane Pettalia Yonker

Genetski LeBlanc Poleski Zorn

Gilbert Liss

Nays—29

Barnett Geiss Lipton Segal

Bledsoe Hobbs McCann Stallworth

Brown Hovey-Wright Nathan Stanley

Brunner Howze Oakes Switalski

Cavanagh Irwin Olumba Talabi

Constan Kandrevas Rutledge Tlaib

Darany Lindberg Santana Townsend

Durhal

In The Chair: Opsommer

The House agreed to the full title.

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

Senate Concurrent Resolution No. 15.

A concurrent resolution to request the Michigan Supreme Court to issue an opinion on the constitutionality of the provisions of 2011 PA 38 allowing the taxation of certain pension income.

Whereas, The restoration of Michigan’s economic health and vitality is of critical importance to the people of this state. The project to reform, restructure, and reinvent Michigan is a joint undertaking of the both houses of the Legislature and the Governor. Revisions to Michigan’s tax system are major components of this effort; and

Whereas, On May 25, 2011, Governor Rick Snyder signed into law Enrolled House Bill No. 4361, which became 2011 PA 38 and allows the taxation of certain pension income. The earliest date upon which any provision of the act will become effective is October 1, 2011; and

Whereas, Constitutional concerns have been raised regarding the act, particularly its reduction and elimination of the statutory tax exemption for public-pension incomes. Resolution of these concerns is vital because Michigan’s fiscal year 2012 budget assumes implementation of the tax code changes contained in this legislation; and

Whereas, The Michigan Constitution, in Article 3, Section 8, provides: “Either house of the legislature or the governor may request the opinion of the supreme court on important questions of law upon solemn occasions as to the constitutionality of legislation after it has been enacted into law but before its effective date”; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we request the Michigan Supreme Court to issue an opinion, pursuant to Article 3, Section 8 of the Michigan Constitution, on the following important questions of law pertaining to provisions of 2011 PA 38:

1.  Does reducing or eliminating the statutory tax exemption for public-pension incomes, as described in Section 30 of the act, impair accrued financial benefits of a “pension plan [or] retirement system of the state [or] its political subdivisions” under Article 9, Section 24 of the Michigan Constitution?

2.  Does reducing or eliminating the statutory tax exemption for pension incomes, as described in Section 30 of the act, impair a contract obligation in violation of Article 1, Section 10 of the Michigan Constitution or Article 1, Section 10[1] of the Constitution of the United States?

3.  Does determining eligibility for income-tax exemptions based on total household resources or age and total household resources, as described in Section 30(7) and 30(9) of the act create a graduated income tax in violation of Article 9, Section 7 of the Michigan Constitution?

4.  Does determining eligibility for income-tax exemptions based on date of birth, as described in section 30(9) of the act, violate equal protection of the law under Article 1, Section 2 of the Michigan Constitution or the Fourteenth Amendment to the Constitution of the United States?

; and be it further

Resolved, That copies of this resolution and a copy of 2011 PA 38 be transmitted to the Michigan Supreme Court.

The Senate has adopted the concurrent resolution.

The question being on the adoption of the concurrent resolution,

Rep. Stamas moved that consideration of the concurrent resolution be postponed for the day.

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, June 10:

House Bill Nos. 4716 4717 4718 4719 4720 4721 4722 4723 4724 4725 4726 4727 4728 4729

4730 4731 4732 4733 4734

Senate Bill Nos. 421 422 423 424 425 426 427 428

The Clerk announced that the following Senate bills had been received on Tuesday, June 14:

Senate Bill Nos. 43 44 249 250 251 252 253 354 361 409

Messages from the Senate

Senate Bill No. 409, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2011 PA 38.

The Senate has passed the bill.

The bill was read a first time by its title.

Pending the reference of the bill to a committee,

Rep. Stamas moved that Rules 41 and 42 be suspended.

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

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

The motion prevailed.

Third Reading of Bills

House Bill No. 4553, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2203 and 2205 (MCL 339.2203 and 339.2205), as amended by 2008 PA 490.

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

Roll Call No. 189 Yeas—103

Agema Gilbert Liss Pscholka

Ananich Glardon Lori Rendon

Barnett Goike Lund Rogers

Bauer Haines Lyons Rutledge

Bledsoe Hammel MacGregor Santana

Bolger Haveman MacMaster Schmidt, R.

Brunner Heise McBroom Schmidt, W.

Bumstead Hobbs McCann Scott

Byrum Hooker McMillin Segal

Callton Horn Meadows Shaughnessy

Cavanagh Hovey-Wright Melton Shirkey

Clemente Howze Moss Slavens

Constan Hughes Muxlow Smiley

Cotter Huuki Nathan Somerville

Crawford Irwin Nesbitt Stallworth

Daley Jacobsen O’Brien Stamas

Damrow Jenkins Oakes Stanley

Darany Kandrevas Olson Stapleton

Denby Knollenberg Olumba Switalski

Dillon Kowall Opsommer Tlaib

Farrington Kurtz Ouimet Townsend

Forlini LaFontaine Outman Tyler

Foster Lane Pettalia Walsh

Franz LeBlanc Poleski Yonker

Geiss Lindberg Potvin Zorn

Genetski Lipton Price

Nays—4

Brown Durhal Johnson Talabi

In The Chair: Opsommer

The House agreed to the title of the bill.

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

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

House Bill No. 4584, entitled

A bill to amend 2010 PA 370, entitled “Michigan professional employer organization regulatory act,” by amending sections 7, 9, 15, 17, 19, 21, 23, and 27 (MCL 338.3727, 338.3729, 338.3735, 338.3737, 338.3739, 338.3741, 338.3743, and 338.3747).

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

Roll Call No. 190 Yeas—104

Agema Genetski Lindberg Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Scott

Byrum Hobbs McBroom Segal

Callton Hooker McCann Shaughnessy

Cavanagh Horn McMillin Shirkey

Clemente Hovey-Wright Meadows Slavens

Constan Howze Melton Smiley

Cotter Hughes Moss Somerville

Crawford Huuki Muxlow Stallworth

Daley Irwin Nesbitt Stamas

Damrow Jacobsen O’Brien Stanley

Darany Jenkins Oakes Stapleton

Denby Johnson Olson Switalski

Dillon Kandrevas Opsommer Talabi

Durhal Knollenberg Ouimet Tlaib

Farrington Kowall Outman Townsend

Forlini Kurtz Pettalia Tyler

Foster LaFontaine Poleski Walsh

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Nays—3

Brown Nathan Olumba

In The Chair: Opsommer

The question being on agreeing to the title of the bill,

Rep. Stamas moved to amend the title to read as follows:

A bill to amend 2010 PA 370, entitled “Michigan professional employer organization regulatory act,” by amending sections 7, 9, 15, 17, 21, 23, and 27 (MCL 338.3727, 338.3729, 338.3735, 338.3737, 338.3741, 338.3743, and 338.3747).

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 4666, entitled

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

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

Roll Call No. 191 Yeas—102

Ananich Gilbert Liss Pscholka

Barnett Glardon Lori Rendon

Bauer Goike Lund Rogers

Bledsoe Haines Lyons Rutledge

Bolger Hammel MacGregor Santana

Brown Haveman MacMaster Schmidt, R.

Brunner Heise McBroom Schmidt, W.

Bumstead Hobbs McCann Scott

Byrum Horn Meadows Segal

Callton Hovey-Wright Melton Shaughnessy

Cavanagh Howze Moss Shirkey

Clemente Hughes Muxlow Slavens

Constan Huuki Nathan Smiley

Cotter Irwin Nesbitt Stallworth

Crawford Jacobsen O’Brien Stamas

Daley Jenkins Oakes Stanley

Damrow Johnson Olson Stapleton

Darany Kandrevas Olumba Switalski

Denby Knollenberg Opsommer Talabi

Dillon Kowall Ouimet Tlaib

Durhal Kurtz Outman Townsend

Farrington LaFontaine Pettalia Tyler

Forlini Lane Poleski Walsh

Foster LeBlanc Potvin Yonker

Franz Lindberg Price Zorn

Geiss Lipton

Nays—5

Agema Hooker McMillin Somerville

Genetski

In The Chair: Opsommer

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

Senate Bill No. 118, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6 (MCL 205.56), as amended by 2004 PA 173.

The bill was read a second time.

Rep. Gilbert moved to substitute (H-1) the bill.

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

Rep. Gilbert 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

Reports of Standing Committees

The Committee on Government Operations, by Rep. Stamas, Chair, reported

House Bill No. 4522, entitled

A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending sections 2, 3, 5, 6, 8, 9, and 10 (MCL 423.232, 423.233, 423.235, 423.236, 423.238, 423.239, and 423.240).

With the recommendation that the substitute (H-5) 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. Stamas, Nesbitt and McMillin

Nays: Reps. Barnett and Kandrevas

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stamas, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Tuesday, June 14, 2011

Present: Reps. Stamas, Nesbitt, McMillin, Barnett and Kandrevas

Second Reading of Bills

House Bill No. 4522, entitled

A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending sections 2, 3, 5, 6, 8, 9, and 10 (MCL 423.232, 423.233, 423.235, 423.236, 423.238, 423.239, and 423.240).

Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Government Operations,

The substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. LeBlanc moved to amend the bill as follows:

1. Amend page 6, following line 8, by inserting:

“(3) NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS ACT, THE ARBITRATION PANEL MAY DETERMINE THAT ANY AWARD OF SALARY OR OTHER BENEFITS IS TO BE PAID OR AWARDED RETROACTIVELY TO THE BEGINNING OF THE CONTRACT PERIOD IN DISPUTE.”.

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

Rep. LeBlanc demanded the yeas and nays.

The demand was not supported.

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

The amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Barnett moved to substitute (H-6) the bill.

The question being on the adoption of the substitute (H-6) offered by Rep. Barnett,

Rep. Barnett demanded the yeas and nays,

The demand was not supported.

The question being on the adoption of the substitute (H-6) offered by Rep. Barnett,

The substitute (H-6) was not adopted, a majority of the members serving not voting therefor.

Rep. Farrington 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

Reports of Standing Committees

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

House Bill No. 4554, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32601, 32603, 32604, 32606, 32607, and 32609 (MCL 324.32601, 324.32603, 324.32604, 324.32606, 324.32607, and 324.32609), sections 32601, 32603, 32604, 32606, and 32609 as added by 2000 PA 278 and section 32607 as amended by 2004 PA 546.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Wayne Schmidt, Johnson, Pettalia, Stapleton and Bledsoe

Nays: Reps. Damrow and Hughes

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

House Concurrent Resolution No. 30.

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

(For text of concurrent resolution, see House Journal No. 53, p. 1369.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Wayne Schmidt, Damrow, Hughes, Johnson, Pettalia, Stapleton, 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, June 14, 2011

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

Absent: Rep. Haugh

Excused: Rep. Haugh

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

House Bill No. 4394, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 27c.

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 and Melton

Nays: None

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

House Bill No. 4727, entitled

A bill to amend 1978 PA 90, entitled “Youth employment standards act,” by amending section 4 (MCL 409.104), as amended by 2010 PA 221.

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, Barnett, Clemente and Melton

Nays: None

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

Senate Bill No. 12, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 22c.

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

1. Amend page 2, following line 23, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Concurrent Resolution No. 5 of the 96th Legislature is adopted by both the senate and the house of representatives.”.

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, Barnett, Clemente and Melton

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, June 14, 2011

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

Absent: Rep. Haugh

Excused: Rep. Haugh

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Damrow, Chair, reported

House Bill No. 4464, entitled

A bill to designate the period beginning on September 11 through September 17 of each year as Patriot Week in the state of Michigan.

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

Nays: None

The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Damrow, Chair, reported

House Bill No. 4639, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3206 and 3209 (MCL 700.3206 and 700.3209), section 3206 as amended by 2008 PA 41 and section 3209 as added by 2006 PA 299.

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

Nays: None

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, June 14, 2011

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

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, June 14, 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, June 14, 2011

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

Messages from the Senate

Senate Bill No. 43, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 219d.

The Senate has passed the bill.

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

Senate Bill No. 44, entitled

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

The Senate has passed the bill.

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

Senate Bill No. 249, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 218 (MCL 750.218), as amended by 2004 PA 154.

The Senate has passed the bill.

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

Senate Bill No. 250, entitled

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

The Senate has passed the bill.

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

Senate Bill No. 251, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2005 PA 35.

The Senate has passed the bill.

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

Senate Bill No. 252, entitled

A bill to amend 2003 PA 238, entitled “Michigan notary public act,” by amending section 49 (MCL 55.309).

The Senate has passed the bill.

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

Senate Bill No. 253, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11c of chapter XVII (MCL 777.11c), as added by 2002 PA 31.

The Senate has passed the bill.

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

Senate Bill No. 354, entitled

A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 35 (MCL 28.735), as amended by 2005 PA 322.

The Senate has passed the bill.

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

Senate Bill No. 361, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2008 PA 410.

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Resolution No. 99.

Rep. Dillon

Messages from the Governor

Date: June 9, 2011

Time: 3:59 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4623 (Public Act No. 56, I.E.), being

An act to amend 1964 PA 284, entitled “An act to permit the imposition and collection by cities of an excise tax levied on or measured by income; to permit the collection and administration of the tax by the state; to provide the procedure including referendums for, and to require the adoption of a prescribed uniform city income tax ordinance by cities desiring to impose and collect such a tax; to limit the imposition and collection by cities and villages of excise taxes levied on or measured by income; to prescribe the powers and duties of certain state and municipal agencies, departments, and officials; to establish the city income tax trust fund; to provide for appeals; and to prescribe penalties and provide remedies,” 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.

(Filed with the Secretary of State June 10, 2011, at 1:40 p.m.)

Date: June 9, 2011

Time: 3:56 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4624 (Public Act No. 57, I.E.), being

An act to amend 1990 PA 100, entitled “An act to permit the imposition, revival, and continued collection by cities of a population of 750,000 or more of a utility users tax; to provide the procedure for, and to require the adoption of a prescribed uniform city utility users tax ordinance by cities desiring to impose and collect such a tax; to limit the rate of such tax; to prescribe the powers and duties of the state commissioner of revenue; and to provide for appeals,” 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.

(Filed with the Secretary of State June 10, 2011, at 1:42 p.m.)

Introduction of Bills

Reps. Hughes, Hovey-Wright and Denby introduced

House Bill No. 4735, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 4 (MCL 125.2684), as amended by 2008 PA 116.

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

Reps. Brown, Lipton, Tlaib, Irwin, Bauer and Meadows introduced

House Bill No. 4736, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 20126b.

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

Rep. Tlaib introduced

House Bill No. 4737, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 3 and 8g (MCL 125.2683 and 125.2688g), section 3 as amended by 2010 PA 277 and section 8g as added by 2010 PA 5.

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

Rep. Knollenberg introduced

House Bill No. 4738, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1814 (MCL 380.1814), as added by 2004 PA 417.

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

Rep. Knollenberg introduced

House Bill No. 4739, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10o (MCL 247.660o), as amended by 2000 PA 188.

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

Reps. Constan, Slavens and Darany introduced

House Bill No. 4740, entitled

A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 3 (MCL 722.23), as amended by 1993 PA 259.

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

Reps. Constan, Slavens, Cavanagh and Darany introduced

House Bill No. 4741, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106 (MCL 400.106), as amended by 2006 PA 144.

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

Reps. Constan, Slavens, Cavanagh and Darany introduced

House Bill No. 4742, entitled

A bill to provide for a public defense commission; to provide for development, implementation, and administration of a public defense system; to provide for attorney representation of indigent criminal and juvenile defendants; to provide standards for the appointment of legal counsel; and to prescribe powers and duties.

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

Reps. Bledsoe, Stanley, Geiss, Kandrevas, Roy Schmidt, Santana, Barnett, Slavens, Lindberg, Byrum, Wayne Schmidt, Darany, Dillon, Townsend, McCann, Hovey-Wright, Liss, Oakes, Womack and Olumba introduced

House Bill No. 4743, entitled

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

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

Rep. Darany introduced

House Bill No. 4744, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 513a.

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

Reps. Damrow and Rendon introduced

House Bill No. 4745, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16i of chapter XVII (MCL 777.16i), as amended by 2010 PA 95.

The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs and Homeland Security.

Rep. Huuki introduced

House Bill No. 4746, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205).

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

Rep. Agema introduced

House Bill No. 4747, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 2009 PA 137.

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

Rep. Agema introduced

House Bill No. 4748, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2009 PA 136.

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

Rep. Price introduced

House Bill No. 4749, entitled