No. 2

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Tuesday, January 17, 2012.

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 Genetski—present LeBlanc—present Price—present

Ananich—present Gilbert—excused Lindberg—present Pscholka—present

Barnett—present Glardon—present Lipton—present Rendon—present

Bauer—present Goike—present Liss—present Rogers—present

Bledsoe—present Haines—present Lori—present Rutledge—present

Bolger—present Hammel—excused Lund—present Santana—present

Brown—present Haugh—present Lyons—present Schmidt, R.—present

Brunner—present Haveman—present MacGregor—present Schmidt, W.—present

Bumstead—present Heise—present MacMaster—present Segal—present

Byrum—present Hobbs—present McBroom—excused Shaughnessy—present

Callton—present Hooker—present McCann—present Shirkey—present

Cavanagh—present Horn—present McMillin—present Slavens—present

Clemente—present Hovey-Wright—present Meadows—present Smiley—present

Constan—present Howze—present Moss—present Somerville—present

Cotter—present Hughes—present Muxlow—present Stallworth—present

Crawford—present Huuki—present Nathan—present Stamas—present

Daley—present Irwin—present Nesbitt—present Stanley—present

Damrow—present Jackson—present O’Brien—present Stapleton—present

Darany—present Jacobsen—present Oakes—present Switalski—present

Denby—present Jenkins—present Olson—present Talabi—present

Dillon—present Johnson—present Olumba—present Tlaib—present

Durhal—present Kandrevas—present Opsommer—present Townsend—present

Farrington—present Knollenberg—present Ouimet—present Tyler—present

Forlini—present Kowall—present Outman—present Walsh—present

Foster—present Kurtz—present Pettalia—present Womack—present

Franz—present LaFontaine—present Poleski—present Yonker—present

Geiss—present Lane—present Potvin—present Zorn—present

e/d/s = entered during session

Rep. Kurt Heise, from the 20th District, offered the following invocation:

“Dear Lord, today we join again in Your presence to begin a new year in the Michigan legislature. A year of promise, challenge, and understanding - not only of our mission for the people we represent, but Your mission for us. Help us to appreciate both, and use Your gifts for the benefit of all Michiganders.

Today we also meet in the reflection of Martin Luther King Jr. Day. He reminded us that ‘the ultimate test of a man is not where he stands in moments of comfort and moments of convenience, but where he stands in moments of challenge and moments of controversy.’ Michigan faces moments of challenge with our unemployment, our economy, our education system and truly our way of life. I pray Lord that we as leaders, given the reins of responsibility respond to these challenges in a character pleasing to You.

Let us never forget Martin Luther King Jr., Your servant of peace, and his message of tolerance and freedom for all Americans. Let us walk in his footsteps, as he walked in Yours.

Today begins a new adventure for each of us, and we will carry out our mission as best we can, despite our many failings; we turn to You, O Lord, for guidance and understanding, never forgetting that with Your help, all things are possible.

Almighty God, we ask that we may always prove ourselves a people mindful of Your favor and glad to do Your will. Bless our state with honorable industry, sound learning, and pure manners. Save us from violence, discord, and confusion; from pride and arrogance, and from every evil way. Defend our liberties, and preserve our freedom. Provide us with a spirit of wisdom, that there may be liberty and peace at home, and that, through obedience to Your law, we may honor You and be of service to all we represent; all which we ask in Your name. Amen.”

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Rep. Stamas moved that Reps. Gilbert and McBroom be excused from today’s session.

The motion prevailed.

Rep. Segal moved that Rep. Hammel be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Stamas and Segal offered the following concurrent resolution:

House Concurrent Resolution No. 44.

A concurrent resolution providing for a joint convention of the House of Representatives and the Senate.

Resolved by the House of Representatives (the Senate concurring), That the House of Representatives and Senate meet in joint convention in the Hall of the House of Representatives, Wednesday, January 18, 2012, at 6:30 p.m., to receive the message of Governor Rick Snyder.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Reps. Opsommer, Barnett, Constan and LeBlanc offered the following concurrent resolution:

House Concurrent Resolution No. 45.

A concurrent resolution to express support for the televising of the proceedings of the U.S. Supreme Court.

Whereas, An important component of our democratic republic is access to information. The people’s ability to understand the operations of our institutions is critical to public trust. Access to information about our system of self-government includes allowing citizens to view official actions of public bodies acting on their behalf; and

Whereas, Technology has brought new dimensions to many governmental bodies at the local, state, and national levels. Televised broadcasts of city council meetings, county boards, state legislative bodies, and the Congress have given the people an opportunity to attain a level of understanding of issues and procedures that would have been previously difficult to achieve. This access has contributed to transparency in government that is important to foster; and

Whereas, Because of the difficulties and limitations of being able to personally attend, one vital activity that remains something of a mystery to large segments of the general public is the work undertaken by their courts, particularly the proceedings of the United States Supreme Court. Although some localities across the country televise some court sessions, courts offer far less access to public viewing than most other governmental bodies; and

Whereas, The weighty responsibilities carried out by the nation’s highest court have an enormous impact on life and liberty in the United States. Fittingly, many people across our country have great interest in its operation. Polls indicate strong public support for televising the U.S. Supreme Court. Certain cases, including the upcoming discussions of the health care reform law, are of tremendous consequence and importance. Clearly, the public would be well served by televised access to the arguments that are made in this case, as well as so many others; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we express support for the televising of the proceedings of the U.S. Supreme Court; and be it further

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

The concurrent resolution was referred to the Committee on Judiciary.

Second Reading of Bills

House Bill No. 5131, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 17702, 17703, 17708, 17751, 17754, and 17763 (MCL 333.7405, 333.17702, 333.17703, 333.17708, 333.17751, 333.17754, and 333.17763), sections 7405, 17708, 17751, and 17763 as amended by 2011 PA 155 and sections 17702 and 17703 as amended and section 17754 as added by 2006 PA 672, and by adding section 17744.

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

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

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

The motion prevailed.

House Bill No. 5046, entitled

A bill to amend 1978 PA 59, entitled “Condominium act,” by amending sections 31, 32, 33, and 90 (MCL 559.131, 559.132, 559.133, and 559.190), sections 31, 32, and 33 as amended by 1982 PA 538 and section 90 as amended by 2002 PA 283.

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

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

Rep. Haveman moved to amend the bill as follows:

1. Amend page 2, line 10, after “(g)” by striking out “A” and inserting “FOR A MASTER DEED INITIALLY RECORDED BEFORE JANUARY 1, 2022, A”.

2. Amend page 2, line 12, after “expires.” by striking out the balance of the subdivision and inserting:

“(H) FOR A MASTER DEED INITIALLY RECORDED ON OR AFTER JANUARY 1, 2022, A TIME LIMIT OF NOT MORE THAN 6 YEARS AFTER INITIAL RECORDING OF THE MASTER DEED, BY WHICH THE ELECTION TO USE THIS OPTION EXPIRES.”.

3. Amend page 2, line 24, after “(c)” by striking out “A” and inserting “FOR A MASTER DEED INITIALLY RECORDED BEFORE JANUARY 1, 2022, A”.

4. Amend page 2, line 27, after “expires.” by striking out the balance of the subdivision and inserting:

“(D) FOR A MASTER DEED INITIALLY RECORDED ON OR AFTER JANUARY 1, 2022, A TIME LIMIT BASED ON SIZE AND NATURE OF THE PROJECT, OF NOT MORE THAN 6 YEARS AFTER THE INITIAL RECORDING OF THE MASTER DEED, UPON WHICH THE ELECTION TO EXPAND THE CONDOMINIUM PROJECT EXPIRES.” and relettering the remaining subdivisions.

5. Amend page 3, line 26, after “subdivision” by striking out “(f)” and inserting “(G)”.

6. Amend page 5, line 15, after “(c)” by striking out “A” and inserting “FOR A MASTER DEED INITIALLY RECORDED BEFORE JANUARY 1, 2022, A”.

7. Amend page 5, line 19, after “limit.” by striking out the balance of the subdivision and inserting:

“(D) FOR A MASTER DEED INITIALLY RECORDED ON OR AFTER JANUARY 1, 2022, A TIME LIMIT OF NOT MORE THAN 6 YEARS AFTER THE INITIAL RECORDING OF THE MASTER DEED, BY WHICH THE ELECTION TO CONTRACT THE CONDOMINIUM PROJECT EXPIRES, TOGETHER WITH A STATEMENT OF THE CIRCUMSTANCES, IF ANY, WHICH TERMINATE THAT OPTION BEFORE THE EXPIRATION OF THE SPECIFIED TIME LIMIT.” and relettering the remaining subdivisions.

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

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

The motion prevailed.

House Bill No. 4978, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 307 and 811k (MCL 257.307 and 257.811k), section 307 as amended by 2008 PA 36 and section 811k as amended by 2006 PA 298, and by adding section 811s; and to repeal acts and parts of acts.

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

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

Rep. Kurtz moved to substitute (H-2) the bill.

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

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

The motion prevailed.

Pending the Second Reading of

House Bill No. 4159, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 35 (MCL 38.35), as added by 2010 PA 185.

Rep. Stamas moved that the bill be re-referred to the Committee on Oversight, Reform, and Ethics.

The motion prevailed.

Pending the Second Reading of

House Bill No. 4777, 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 15 (MCL 423.215), as amended by 2011 PA 25.

Rep. Stamas moved that the bill be re-referred to the Committee on Local, Intergovernmental, and Regional Affairs.

The motion prevailed.

Pending the Second Reading of

House Bill No. 4826, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 41409, 41413, and 41415; and to repeal acts and parts of acts.

Rep. Stamas moved that the bill be re-referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

The motion prevailed.

Pending the Second Reading of

House Bill No. 4827, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 41401 and 41411.

Rep. Stamas moved that the bill be re-referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

The motion prevailed.

Pending the Second Reading of

House Bill No. 4828, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 414.

Rep. Stamas moved that the bill be re-referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

The motion prevailed.

Pending the Second Reading of

Senate Bill No. 790, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 9 (MCL 125.2689), as amended by 2008 PA 495.

Rep. Stamas moved that the bill be re-referred to the Committee on Tax Policy.

The motion prevailed.

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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

Motions and Resolutions

Rep. Stamas moved that when the House adjourns today it stand adjourned until Wednesday, January 18, at 6:00 p.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, January, 13:

House Bill Nos. 5240 5241 5242 5243 5244

Senate Bill Nos. 885 886 887 888 889 890 891 892

House Joint Resolution KK

Reports of Standing Committees

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

House Bill No. 5032, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” (MCL 432.1 to 432.47) by adding section 32a.

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. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens and Stapleton

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

House Bill No. 5057, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2882a (MCL 333.2882a), as added by 2011 PA 28.

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. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon and Slavens

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

House Bill No. 5226, entitled

A bill to amend 1935 PA 220, entitled “An act to provide family home care for children committed to the care of the state, to create the Michigan children’s institute under the control of the Michigan social welfare commission, to prescribe the powers and duties thereof, and to provide penalties for violations of certain provisions of this act,” by amending section 9 (MCL 400.209), as amended by 2011 PA 30.

With the recommendation that the bill be referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Favorable Roll Call

To Report Out:

Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Rendon, Slavens and Stapleton

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

COMMITTEE ATTENDANCE REPORT

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