No. 23

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Wednesday, March 9, 2011.

1:30 p.m.

The House was called to order by the Speaker.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genetski—present Lindberg—present

e/d/s = entered during session

Rev. Dennis Rasper, Pastor of Mountaintop Church in Ray Township, offered the following invocation:

“Dear Father,

In Your great Power, and Love, and Wisdom, You’ve brought together this body of committed elected officials, and we thank You. On this March 9, 2011 we ask that Your Name is glorified in this chamber. Left to ourselves we’re helpless without Your Divine Wisdom. There will be issues before us that affect so many people and we know You love every one of these people. So please give us the wisdom to discern Your Will.

We pray that You would lead us to know what’s right according to Your Perfect Will and then give us the Grace to represent that right regardless of consequences. May we be men and women who never compromise our principles. Our Lord Jesus Christ never compromised His and went to the Cross for our sins.

We pray today that You would work in us so that we would have a servant’s heart toward the people we serve, that we would desire their good even more than we desire our own good.

I pray for families today. I pray for strong marriages among the families of this body because real love and service and strong principles begin at home. If there’s difficulty in any of these families I pray that You would give them Your Wisdom as we seek solutions and the Grace to humble ourselves as Jesus Christ humbled Himself.

We pray that You would make us aware that we’re models to our husbands and wives and children and grandchildren. If any of our children or grandchildren are straying, please work in their hearts to bring them to where You want them to be. Let our homes be filled with the love that only You can give.

Dear Father, give us vision and the grace to take risks of faith because You are a Great God. Move us in Your direction. Help us to listen for and hear Your Voice. And then empower us by Your Holy Spirit to accomplish what You want. We as a body thank You. It’s a privilege to serve You in this office that You’ve brought us into. We pray in the Name of Your Beloved Son our Savior Jesus Christ, Amen.”

______

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

The motion prevailed.

Motions and Resolutions

Reps. Tyler, Haines, Franz, Zorn, Liss, Clemente, Damrow, Cotter, Olson, Daley, Wayne Schmidt, Pscholka, Kurtz, Horn, Rendon, Pettalia, Lund, Opsommer, Farrington, Goike, Lyons, MacGregor, Agema, Jenkins, Walsh, Potvin, McBroom, Rogers, Ouimet, Foster, Johnson, Denby, LaFontaine, Kowall, Callton, Haveman, Lori, Moss, Glardon, Huuki, Forlini, Barnett, Constan, Crawford, Dillon, Heise, Hooker, Knollenberg, Poleski, Price and Slavens offered the following resolution:

House Resolution No. 43.

A resolution to declare March 15, 2011, as Agriculture Day in the state of Michigan.

Whereas, Agriculture is the second largest industry in the state of Michigan and during our most recent economic hardships, agriculture in Michigan has grown; and

Whereas, Michigan is a national leader in the production of more than 125 separate commodities on a commercial basis; and

Whereas, Michigan’s agricultural economy is stronger than the economy in general. Michigan has over 500 food processors. The state has seen 3,000 new farms develop in the past decade. There are 56,000 farms in Michigan; and

Whereas, Michigan farmers and ranchers contribute more than $72 billion in high-quality food, fiber and flower crops annually to the state’s economy; and

Whereas, Michigan’s many microclimates permit the growing of grains, corn, beans, celery, apples, cherries and grapes among others; and

Whereas, Michigan’s livestock and dairy sector produce superior quality beef, poultry and pork products enjoyed throughout the world; and

Whereas, Our abundant natural resources continue to make Michigan a great place to live, work and play. As the state continues to recover from the most recent economic struggles, agriculture will continue to play a vital role in our long-term recovery; and

Whereas, Michigan agriculture is a renewable economic resource for the state, employing more than one million people and creating income that is replenished every year in the state; and

Whereas, Michigan agriculture is a family affair, with families or partners owning the overwhelming majority of the state’s farms and agricultural facilities; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 15, 2011, as Agriculture Day in the state of Michigan. We recognize and honor the achievements and contributions of farmers, ranchers, and the thousands of people involved in jobs relating to Michigan agriculture.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

Senate Bill No. 149, entitled

A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 7a and 17 (MCL 252.307a and 252.317), section 7a as amended by 2010 PA 350 and section 17 as amended by 2009 PA 86.

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

Roll Call No. 31 Yeas—86

Agema Goike Lori Poleski

Bledsoe Haines Lund Potvin

Bolger Hammel Lyons Price

Brunner Haugh MacGregor Pscholka

Bumstead Haveman MacMaster Rendon

Callton Heise McBroom Rogers

Cavanagh Hooker McCann Schmidt, R.

Clemente Horn McMillin Schmidt, W.

Constan Hughes Meadows Scott

Cotter Huuki Melton Segal

Crawford Jackson Moss Shaughnessy

Daley Jacobsen Muxlow Shirkey

Damrow Jenkins Nesbitt Somerville

Denby Johnson O’Brien Stamas

Dillon Kandrevas Oakes Stanley

Durhal Knollenberg Olson Stapleton

Farrington Kowall Olumba Tyler

Forlini Kurtz Opsommer Walsh

Foster LaFontaine Ouimet Womack

Franz Lane Outman Yonker

Gilbert LeBlanc Pettalia Zorn

Glardon Liss

Nays—23

Ananich Geiss Lindberg Stallworth

Barnett Genetski Lipton Switalski

Bauer Hobbs Rutledge Talabi

Brown Hovey-Wright Santana Tlaib

Byrum Howze Slavens Townsend

Darany Irwin Smiley

In The Chair: Walsh

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

“An act to provide for the licensing, regulation, control, and prohibition of outdoor advertising adjacent to certain roads and highways; to prescribe powers and duties of certain state agencies and officials; to promulgate rules; to provide remedies and prescribe penalties for violations; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

Second Reading of Bills

House Bill No. 4152, 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,” (MCL 423.201 to 423.217) by adding section 7b.

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

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

Rep. Melton moved to amend the bill as follows:

1. Amend page 2, following line 26, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4373 of the 96th Legislature is enacted into law.”.

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

Rep. Melton moved to amend the bill as follows:

1. Amend page 2, line 1, after “INCREASES.” by striking out the balance of the subsection.

2. Amend page 2, line 16, after “THIS” by striking out the balance of the line through “(A)” on line 17 and inserting “SECTION,”.

3. Amend page 2, line 22, by striking out all of subdivision (B).

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

Rep. Melton moved to amend the bill as follows:

1. Amend page 2, line 7, by striking out all of subsection (2) and inserting:

“(2) THE WAGES AND BENEFITS UNDER A NEW CONTRACT MAY BE MADE RETROACTIVE TO THE EXPIRATION DATE OF THE FORMER CONTRACT.”.

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

Rep. Knollenberg 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

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 Wednesday, March 9:

House Bill Nos. 4388 4389 4390 4391 4392 4393 4394 4395 4396 4397

Senate Bill Nos. 231 232 233 234 235 236 237 238 239 240 241 242 243 244

245

The Clerk announced that the following Senate bills had been received on Wednesday, March 9:

Senate Bill Nos. 157 158

Messages from the Senate

Senate Bill No. 157, entitled

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

The 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.

Senate Bill No. 158, entitled

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.

Second Reading of Bills

Pending the Second Reading of

House Bill No. 4156, entitled

A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2009 PA 84.

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

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 Education, by Rep. Scott, Chair, reported

House Bill No. 4232, entitled

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

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. Scott, Hooker, Crawford, McMillin, Franz, Heise, Hughes, Nesbitt, Price, Shaughnessy, Yonker, Brown, Darany, Howze, Hobbs, Rutledge, Stallworth and Geiss

Nays: None

The Committee on Education, by Rep. Scott, Chair, reported

House Bill No. 4233, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1229 (MCL 380.1229), as added by 1995 PA 289.

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. Scott, Hooker, Crawford, McMillin, Franz, Heise, Hughes, Nesbitt, Price, Shaughnessy, Yonker, Brown, Darany, Howze, Hobbs, Rutledge, Stallworth and Geiss

Nays: None

The Committee on Education, by Rep. Scott, Chair, reported

House Bill No. 4234, entitled

A bill to amend 1968 PA 317, entitled “An act relating to the conduct of public servants in respect to governmental decisions and contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts,” by amending section 3a (MCL 15.323a), as amended by 1996 PA 203.

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. Scott, Hooker, Crawford, McMillin, Franz, Heise, Hughes, Nesbitt, Price, Shaughnessy, Yonker, Brown, Darany, Howze, Hobbs, Rutledge, Stallworth and Geiss

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Scott, Chair, of the Committee on Education, was received and read:

Meeting held on: Wednesday, March 9, 2011

Present: Reps. Scott, Hooker, Crawford, McMillin, Franz, Heise, Hughes, Nesbitt, Price, Shaughnessy, Yonker, Brown, Darany, Howze, Hobbs, Rutledge, Stallworth and Geiss

Absent: Rep. O’Brien

Excused: Rep. O’Brien

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

House Bill No. 4227, entitled

A bill to prohibit certain covenants attaching to real property; to prohibit the imposition of certain fees upon transfer of that real property; and to provide for remedies.

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. Crawford, Yonker, Opsommer, Daley, Stamas, Shirkey, Franz, McBroom, Rendon, Melton, Haugh, Byrum and Slavens

Nays: None

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

House Bill No. 4228, entitled

A bill to prohibit certain covenants attaching to real property; to prohibit the imposition of certain fees upon transfer of that real property; and to provide for remedies.

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. Crawford, Yonker, Opsommer, Daley, Stamas, Shirkey, Franz, McBroom, Rendon, Melton, Haugh, Byrum and Slavens

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Crawford, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, March 9, 2011

Present: Reps. Crawford, Yonker, Opsommer, Daley, McMillin, Stamas, Shirkey, Franz, McBroom, Rendon, Melton, Haugh, Byrum, Slavens and Womack

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Gilbert, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Tuesday, March 8, 2011

Present: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, O’Brien, Olson, Ouimet, Constan, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Daley, Chair, of the Committee on Agriculture, was received and read:

Meeting held on: Wednesday, March 9, 2011

Present: Reps. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Outman, Rendon, Santana, Brunner, Oakes, Talabi, Hovey-Wright and Segal

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Knollenberg, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Wednesday, March 9, 2011

Present: Reps. Knollenberg, Lyons, Farrington, Foster, Huuki, Olson, Pettalia, Womack, Switalski, Clemente and Stanley

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Gilbert, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, March 9, 2011

Present: Reps. Gilbert, Walsh, Horn, Farrington, Foster, Lyons, Nesbitt, Olson, Ouimet, Constan, Barnett, Kandrevas, Meadows, Townsend, Cavanagh and Hobbs

Absent: Rep. O’Brien

Excused: Rep. O’Brien

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Opsommer, Chair, of the Committee on Transportation, was received and read:

Meeting held on: Wednesday, March 9, 2011

Present: Reps. Opsommer, Glardon, Daley, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Olson, Ouimet, Somerville, Geiss, Talabi, Liss, Byrum, Smiley and Roy Schmidt

Absent: Rep. Nathan

Excused: Rep. Nathan

Messages from the Senate

House Bill No. 4216, entitled

A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 303 (MCL 141.2303), as amended by 2002 PA 541.

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

The House agreed to the full title.

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

House Bill No. 4217, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 971 (MCL 168.971), as amended by 2003 PA 302.

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

The House agreed to the full title.

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

House Bill No. 4218, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 36a (MCL 117.36a), as added by 2003 PA 210.

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

The House agreed to the full title.

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

Messages from the Governor

Date: March 8, 2011

Time: 2:58 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4212 (Public Act No. 2, 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 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 8702, 8703, 8704, 8705, 8706, 8707, 8708, 8709, 8710, 8713, 8714, 8715, and 8716 (MCL 324.8702, 324.8703, 324.8704, 324.8705, 324.8706, 324.8707, 324.8708, 324.8709, 324.8710, 324.8713, 324.8714, 324.8715, and 324.8716), section 8703 as amended by 1995 PA 61, section 8707 as amended by 2000 PA 100, section 8715 as amended by 2008 PA 18, and section 8716 as amended by 2007 PA 174, and by adding section 8713a.

(Filed with the Secretary of State March 9, 2011, at 9:43 a.m.)

Introduction of Bills

Rep. Geiss introduced

House Bill No. 4398, entitled

A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 5c (MCL 29.5c), as amended by 2006 PA 189.

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

Rep. Geiss introduced

House Bill No. 4399, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 62501, 62502, 62508, 62509, 62509a, and 62516 (MCL 324.62501, 324.62502, 324.62508, 324.62509, 324.62509a, and 324.62516), section 62501 as amended and section 62509a as added by 1998 PA 467, sections 62502, 62508, and 62516 as added by 1995 PA 57, and section 62509 as amended by 2004 PA 325, and by adding part 627 to subchapter 3 of chapter 3 of article III.

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

Rep. Geiss introduced

House Bill No. 4400, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13f of chapter XVII (MCL 777.13f), as added by 2002 PA 30.

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

Rep. Geiss introduced

House Bill No. 4401, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 62715, 62717, 62719, 62721, 62723, 62725, 62727, 62729, 62731, 62733, 62735, 62737, 62739, 62741, 62743, and 62745.

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

Reps. Jackson, Meadows and Tlaib introduced

House Bill No. 4402, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1280 (MCL 380.1280), as amended by 2006 PA 123.

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

Rep. Jackson introduced

House Bill No. 4403, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1313 (MCL 600.1313), as amended by 2004 PA 12.

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

Rep. Jackson introduced

House Bill No. 4404, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending sections 48d, 49, and 49i (MCL 125.1448d, 125.1449, and 125.1449i), sections 48d and 49i as added by 1981 PA 173 and section 49 as amended by 1993 PA 221.

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

Rep. Jackson introduced

House Bill No. 4405, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3101, 3115, 3201, and 3236 (MCL 600.3101, 600.3115, 600.3201, and 600.3236), sections 3101 and 3201 as amended by 1981 PA 172, and by adding sections 3116 and 3237.

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

Rep. Moss introduced

House Bill No. 4406, entitled

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

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

Rep. Moss introduced

House Bill No. 4407, entitled

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

Rep. Stamas introduced

House Bill No. 4408, entitled

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4214, entitled

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

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and amended the title to read as follows:

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

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

Rep. Rutledge moved that the House adjourn.

The motion prevailed, the time being 4:05 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, March 10, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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