No. 64

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Wednesday, July 3, 2013.

10:00 a.m.

The House was called to order by the Clerk.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was not present.

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 21:

House Bill Nos. 4853 4854 4855 4856 4857 4858 4859 4860 4861 4862 4863 4864 4865 4866

4867 4868 4869 4870 4871 4872 4873 4874 4875 4876 4877 4878 4879 4880

4881 4882 4883 4884 4885 4886 4887 4888 4889 4890

Senate Bill Nos. 440 441 442 443 444 445 446 447 448

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, June 26, for his approval of the following bills:

Enrolled House Bill No. 4080 at 10:34 a.m.

Enrolled House Bill No. 4297 at 10:36 a.m.

Enrolled House Bill No. 4303 at 10:38 a.m.

Enrolled House Bill No. 4307 at 10:40 a.m.

Enrolled House Bill No. 4329 at 10:42 a.m.

Enrolled House Bill No. 4330 at 10:44 a.m.

Enrolled House Bill No. 4439 at 10:46 a.m.

Enrolled House Bill No. 4529 at 10:48 a.m.

Enrolled House Bill No. 4540 at 10:50 a.m.

Enrolled House Bill No. 4574 at 10:52 a.m.

Enrolled House Bill No. 4663 at 10:54 a.m.

Enrolled House Bill No. 4765 at 10:56 a.m.

Enrolled House Bill No. 4766 at 10:58 a.m.

Enrolled House Bill No. 4813 at 11:00 a.m.

Enrolled House Bill No. 4815 at 11:02 a.m.

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, July 2, for his approval of the following bill:

Enrolled House Bill No. 4112 at 9:38 a.m.

Notices

Pursuant to Rule 41, the Speaker has made the following referrals:

House Bill No. 4875 referred to the Committee on Health Policy.

House Bill No. 4876 referred to the Committee on Health Policy.

House Bill No. 4877 referred to the Committee on Health Policy.

Messages from the Governor

Date: June 25, 2013

Time: 2:04 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4591 (Public Act No. 69, I.E.), being

An act to amend 1956 PA 217, entitled “An act to safeguard persons and property; to provide for licensing and regulation of electricians and electrical contractors concerning the construction, alteration, installation of electrical wiring and equipment and for the inspection of electrical wiring; to create an electrical administrative board; to create certain committees for certain purposes; to provide certain powers and duties for certain departments; to provide for the assessment of certain fees and for the promulgation of rules; and to prescribe penalties for violations of this act,” by amending sections 6 and 7 (MCL 338.886 and 338.887), section 6 as amended by 1992 PA 130 and section 7 as amended by 2002 PA 205.

(Filed with the Secretary of State June 25, 2013, at 2:25 p.m.)

Date: June 25, 2013

Time: 10:34 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4737 (Public Act No. 70, I.E.), being

An act to amend 1972 PA 230, entitled “An act to create a construction code commission and prescribe its functions; to authorize the director to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to establish penalties, remedies, and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation,” (MCL 125.1501 to 125.1531) by adding section 28a.

(Filed with the Secretary of State June 25, 2013, at 2:27 p.m.)

Date: June 25, 2013

Time: 10:32 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4592 (Public Act No. 71, I.E.), being

An act to amend 1984 PA 192, entitled “An act to regulate the use, installation, alteration, and servicing of specified heating, cooling, ventilating, and refrigerating equipment and systems; to create a board of mechanical rules; to provide for the licensing of installing contractors and of servicing contractors of heating, cooling, ventilating, and refrigerating equipment and systems; to prescribe fees; to provide for the promulgation of rules; and to prescribe penalties,” by amending sections 7 and 9 (MCL 338.977 and 338.979), section 7 as amended by 1998 PA 300.

(Filed with the Secretary of State June 25, 2013, at 2:29 p.m.)

Date: June 25, 2013

Time: 10:20 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4665 (Public Act No. 72, I.E.), being

(Filed with the Secretary of State June 25, 2013, at 2:31 p.m.)

Date: June 25, 2013

Time: 10:22 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4666 (Public Act No. 73, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 11108, 11130, 11135, 11153, 12103, 12109, and 12112 (MCL 324.11108, 324.11130, 324.11135, 324.11153, 324.12103, 324.12109, and 324.12112), section 11108 as amended by 2011 PA 150, section 11130 as amended by 2001 PA 165, and sections 11135, 11153, 12103, 12109, and 12112 as amended by 2011 PA 90.

(Filed with the Secretary of State June 25, 2013, at 2:33 p.m.)

Date: June 25, 2013

Time: 10:24 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4708 (Public Act No. 74, I.E.), being

An act to amend 1998 PA 138, entitled “An act to regulate the transportation of certain hazardous materials; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending sections 2 and 5 (MCL 29.472 and 29.475).

(Filed with the Secretary of State June 25, 2013, at 2:35 p.m.)

Date: June 25, 2013

Time: 10:26 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4669 (Public Act No. 75, I.E.), being

(Filed with the Secretary of State June 25, 2013, at 2:37 p.m.)

Date: June 27, 2013

Time: 3:05 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4303 (Public Act No. 77, I.E.), being

An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” (MCL 339.101 to 339.2919) by adding section 1806a.

(Filed with the Secretary of State June 27, 2013, at 3:51 p.m.)

Date: June 27, 2013

Time: 3:26 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4329 (Public Act No. 78, I.E.), being

An act to amend 1979 PA 152, entitled “An act to provide for the establishment and collection of fees for the investigation, regulation, and enforcement of certain occupations and professions, and for certain agencies and businesses; to create certain funds for certain purposes; and to prescribe certain powers and duties of certain state agencies and departments,” by amending section 43 (MCL 338.2243), as amended by 2012 PA 308.

(Filed with the Secretary of State June 27, 2013, at 3:53 p.m.)

Date: June 27, 2013

Time: 3:28 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4330 (Public Act No. 79, I.E.), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 2843 (MCL 333.2843), as amended by 2002 PA 691.

(Filed with the Secretary of State June 27, 2013, at 3:55 p.m.)

Date: June 27, 2013

Time: 3:30 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4574 (Public Act No. 80, I.E.), being

(Filed with the Secretary of State June 27, 2013, at 3:57 p.m.)

Date: June 27, 2013

Time: 3:12 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4297 (Public Act No. 81), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 2045, 74116, 74117, 74120, 78105, and 78119 (MCL 324.2045, 324.74116, 324.74117, 324.74120, 324.78105, and 324.78119), section 2045 as added by 2010 PA 32, sections 74116, 74117, and 74120 as amended by 2010 PA 33, and section 78105 as amended and section 78119 as added by 2010 PA 34.

(Filed with the Secretary of State June 28, 2013, at 3:35 p.m.)

Date: June 27, 2013

Time: 3:14 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4439 (Public Act No. 82), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 805 (MCL 257.805), as added by 2010 PA 35.

(Filed with the Secretary of State June 28, 2013, at 3:37 p.m.)

Date: June 27, 2013

Time: 3:18 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4080 (Public Act No. 83, I.E.), being

An act to authorize the state administrative board to convey certain parcels of state-owned property in Chippewa and Schoolcraft counties; to prescribe conditions for the conveyances; and to provide for certain powers and duties of certain state departments in regard to the properties.

(Filed with the Secretary of State June 28, 2013, at 3:39 p.m.)

Date: June 27, 2013

Time: 3:20 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4307 (Public Act No. 84, I.E.), being

An act to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 12 (MCL 46.412), as amended by 1982 PA 504, and by adding section 13.

(Filed with the Secretary of State June 28, 2013, at 3:41 p.m.)

Date: June 27, 2013

Time: 3:22 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4540 (Public Act No. 85, I.E.), being

An act to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending sections 6 and 7 (MCL 207.556 and 207.557), section 6 as amended by 1996 PA 323 and section 7 as amended by 2008 PA 457.

(Filed with the Secretary of State June 28, 2013, at 3:43 p.m.)

Date: June 27, 2013

Time: 3:24 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4663 (Public Act No. 86, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 31701, 31702, 31703, 31704, 31705, 31706, 31708, 31711, 31712, 36201, and 36202 (MCL 324.31701, 324.31702, 324.31703, 324.31704, 324.31705, 324.31706, 324.31708, 324.31711, 324.31712, 324.36201, and 324.36202), sections 31701, 31702, 31703, 31704, 31705, 31706, 31708, 31711, and 31712 as added by 2012 PA 602, section 36201 as added by 2000 PA 262, and section 36202 as amended by 2004 PA 75, and by adding section 31702a.

(Filed with the Secretary of State June 28, 2013, at 3:45 p.m.)

Date: June 28, 2013

Time: 10:12 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4082 (Public Act No. 88, I.E.), being

An act to establish the Michigan Alzheimer’s association fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

(Filed with the Secretary of State June 28, 2013, at 3:49 p.m.)

Date: June 28, 2013

Time: 10:06 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4084 (Public Act No. 89, I.E.), being

An act to establish the ALS of Michigan (“Lou Gehrig’s disease”) fund in the department of treasury; to provide for the distribution of the money from the funds; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

(Filed with the Secretary of State June 28, 2013, at 3:51 p.m.)

Date: July 1, 2013

Time: 2:47 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4529 (Public Act No. 93, I.E.), being

An act to create the Michigan indigent defense commission and to provide for its powers and duties; to provide indigent defendants in criminal cases with effective assistance of counsel; to provide standards for the appointment of legal counsel; to provide for and limit certain causes of action; and to provide for certain appropriations and grants.

(Filed with the Secretary of State July 1, 2013, at 3:35 p.m.)

Date: July 2, 2013

Time: 3:50 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4813 (Public Act No. 96, I.E.), being

An act to amend 1976 PA 451, entitled “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,” by amending section 12 (MCL 380.12) and by adding section 12a.

(Filed with the Secretary of State July 2, 2013, at 4:38 p.m.)

Date: July 2, 2013

Time: 3:24 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4815 (Public Act No. 97, I.E.), being

An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 7, 11, 11g, 17a, 20, and 22a (MCL 388.1607, 388.1611, 388.1611g, 388.1617a, 388.1620, and 388.1622a), section 7 as amended by 1996 PA 300, sections 11, 11g, 20, and 22a as amended by 2013 PA 60, and section 17a as amended by 2012 PA 2, and by adding section 20g.

(Filed with the Secretary of State July 2, 2013, at 4:40 p.m.)

Communications from State Officers

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

June 26, 2013

The 2012 Michigan Annual Drunk Driving Audit provides detailed information concerning traffic fatalities and injuries, as well as arrest activities that are part of ongoing efforts to reduce drunk driving in our state. Alcohol and/or drug related fatal crashes remain a significant traffic safety issue, with approximately 36.1 percent of the total fatal crashes involving alcohol and/or drugs.

The crash data displayed for each county are 2012 traffic crash statistics. The Michigan Department of State Police, Criminal Justice Information Center, maintains the state’s central repository for all crash data collected in Michigan. The crash data is housed in the Traffic Crash Reporting System and the Drunk Driving Audit is created using this data.

A reportable crash in Michigan is defined as: a motor vehicle that is in transport on the roadway that results in death, injury or property damage of $1,000 or more. In addition, a crash is reported for any snowmobile or off-road vehicle (ORV) with damage of $100 or more, whether on the roadway or off the roadway.

The Michigan Annual Drunk Driving Audit was compiled with information and data provided by the Michigan Department of State Police, the Michigan Department of State, and the Michigan Department of Transportation. We appreciate the teamwork, assistance and dedication of each of these departments in helping to make Michigan’s roads safe. We look forward to our continued partnership.

Questions regarding Section I (Traffic Crash and Arrest Data) should be directed to the Michigan Department of State Police, Criminal Justice Information Center, Traffic Crash Reporting Section at (517) 241-1699. Questions regarding Section II (Conviction Disposition Data) should be directed to the Michigan Department of State at (517) 322-1598.

As you review this report, please feel free to contact the Traffic Crash Reporting Section at (517) 241-1699 with your suggestions and ideas.

Sincerely,

Col. Kriste Kibbey Etue, Director

Michigan Department of State Police

The communication was referred to the Clerk.

The following communications from the State Budget Office were received and read:

June 28, 2013

Transmitted under this cover is a schedule entitled “Statement of Revenue Subject to Constitutional Limitation - Legal Basis.” The statement is submitted pursuant to Sections 18.1350(a) through 18.1350(e) of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Sections 26 and 33 of the Michigan Constitution for the fiscal year 2012.

The statement has been reviewed by the Office of the Auditor General and a copy of the independent accountant’s review is enclosed.

If you have questions regarding this report, please contact Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010.

June 28, 2013

This letter transmits the “Statement of the Proportion of Total State Spending From State Sources Paid to Units of Local Government - Legal Basis” for fiscal year 2012, which has been prepared in accordance with Sections 18.1115(5), 18.1303-18.1305, 18.1349, 18.1350, 18.1497, and 18.1498 of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 30 of the Michigan Constitution.

The computed percentage of total state spending from state sources paid to local governments for fiscal year 2012 is 55.08%, which is $1.7 billion more than the minimum required.

The statement has been reviewed by the Office of the Auditor General and a copy of their independent accountant’s review letter is enclosed.

If you have questions regarding this report, please contact Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010.

Sincerely,

John E. Nixon, C.P.A.

State Budget Director

The communications were referred to the Clerk.

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

June 28, 2013

The attached annual report on the operation of the New Jobs Training Program is provided to you either in accordance with MCL 206.713 or in your role as chairperson of the committees on Tax Policy or Finance.

If I can answer any questions on the report, please let me know.

Scott Darragh, Economist

DarraghS@Michigan.gov

Office of Revenue and Tax Analysis

Michigan Department of Treasury

Phone: (517) 241-2148

Fax: (517) 335-3298

The communication was referred to the Clerk.

______

The Clerk declared the House adjourned until Thursday, July 18, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives

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