No. 40

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Wednesday, May 1, 2013.

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.

Abed—present Genetski—present Lauwers—present Roberts—present

Ananich—present Glardon—present LaVoy—present Robinson—present

Banks—present Goike—present Leonard—present Rogers—present

Barnett—present Graves—present Lipton—present Rutledge—present

Bolger—present Greimel—present Lori—present Santana—present

Brinks—present Haines—present Lund—present Schmidt—present

Brown—present Haugh—present Lyons—present Schor—present

Brunner—present Haveman—present MacGregor—present Segal—present

Bumstead—present Heise—present MacMaster—present Shirkey—present

Callton—present Hobbs—present McBroom—present Singh—present

Cavanagh—present Hooker—present McCann—present Slavens—present

Clemente—present Hovey-Wright—present McCready—present Smiley—present

Cochran—present Howrylak—present McMillin—present Somerville—present

Cotter—present Irwin—present Muxlow—present Stallworth—present

Crawford—present Jacobsen—present Nathan—present Stamas—present

Daley—present Jenkins—present Nesbitt—present Stanley—present

Darany—present Johnson—present O’Brien—present Switalski—present

Denby—present Kandrevas—present Oakes—present Talabi—present

Dianda—present Kelly—present Olumba—present Tlaib—present

Dillon—present Kesto—present Outman—present Townsend—present

Driskell—present Kivela—present Pagel—present VerHeulen—present

Durhal—present Knezek—present Pettalia—present Victory—present

Faris—present Kosowski—present Poleski—present Walsh—present

Farrington—present Kowall—present Potvin—present Yanez—present

Forlini—present Kurtz—present Price—present Yonker—present

Foster—present LaFontaine—present Pscholka—present Zemke—present

Franz—present Lamonte—present Rendon—present Zorn—present

Geiss—present Lane—present

e/d/s = entered during session

Rep. Eileen Kowall, from the 44th District, offered the following invocation:

“Heavenly Father, we thank You for the blessed opportunity to live in this great state and this great country, in which the people can share their voices. You have invested within the leaders gathered here today the responsibility to act on behalf of others, to put the welfare of the people of this state above all competing interests.

We ask that You would grant wisdom today here in this chamber. Inspire among us a strong sense of justice and fairness, a healthy sense of what is best for all, and a holy sense of what gives honor and glory to You.

Give us the wisdom to discern the words of others, even those with whom we can and sometimes do disagree, some measure of goodness, and some degree of righteousness. Temper our own words with calm and rational thought and expression so that at the end of the day, Your desire might prevail over all lesser agendas.

May we be challenged to give our best today and every day, and may we be assured of Your presence with us.

In God’s name we pray. Amen.”

Motions and Resolutions

Reps. Darany, Brown, Durhal, Haines, Jacobsen, Poleski, Roberts, Singh and Slavens offered the following resolution:

House Resolution No. 118.

A resolution to declare May 2013 as Community Action Agency Month in the state of Michigan.

Whereas, Citizens with limited income continue to need opportunities to improve their lives and their living conditions, thus ensuring that all citizens are able to live in dignity; and

Whereas, Michigan and the entire United States must continue to promote economic security by providing support and opportunities for all citizens in need of assistance; and

Whereas, Community action agencies were signed into law in 1964 under President Lyndon Johnson in an effort to aid in the War on Poverty; and

Whereas, The month of May has been designated by the United States Congress as National Community Action Month; and

Whereas, Michigan’s 29 community action agencies are the only community-based organizations providing full wrap around, locally directed services in all 83 counties in the state; and

Whereas, Community action agencies in Michigan provide services or links to services to more than 506,000 Michigan residents every year; and

Whereas, Michigan’s community action agencies assist nearly 235,000 families statewide by providing a variety of services such as early childhood development, senior services, affordable housing, food assistance, energy assistance, and job training programs among others; and

Whereas, Community action agencies, in cooperation with the Michigan Department of Human Services, have successfully administered weatherization assistance program funds which support energy efficiency improvements in more than 36,000 Michigan homes since 2009; and

Whereas, Community action agencies in Michigan serve as catalysts for innovative partnerships with such examples as the Wayne Metropolitan Community Action Agency, which has assisted over 12,800 residents from 22 local aid sites in areas focusing in community and economic development, homeless and housing services, youth and family educational services, stability and life skills services, and basic needs in 2010; and

Whereas, Michigan’s community action agencies have leveraged their federal allocation of the Community Services Block Grant and other federal, state, local, and private sources of funding to create more than $412,000,000 in economic activity statewide in 2012; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 2013 as Community Action Agency Day in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Community Action Agency Association.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Switalski, Brinks, Brown, Darany, Durhal, Howrylak and Slavens offered the following resolution:

House Resolution No. 119.

A resolution to declare April 29-May 5, 2013, as Screen-Free Week in the state of Michigan.

Whereas, Screen-Free Week is an enjoyable and innovative way to improve children’s well-being by reducing dependence on entertainment screen media, including television, video games, computers, and hand-held devices, thus offering time for children to go outside, read, daydream, create, explore, and spend more time with family and friends; and

Whereas, Preschool children spend an average of 32 hours a week with screen media; and

Whereas, School-age children exposed to excessive screen time may also suffer the effects of childhood obesity, sleep disturbances, attention span issues, increased psychological difficulties, negative attitudes toward school, long-term academic failure, poor homework completion, less physical activity, and fewer family meals; and

Whereas, Children who are exposed to marketing practices may have higher rates of depression, show more symptoms of anxiety, and have poor self-esteem; and

Whereas, Watching television commercials contributes to children’s dissatisfaction with their own body image, leading to an increase in eating disorders; and

Whereas, Research shows that children who are exposed to violent content in movies, video games, and television programs have a potential risk factor for becoming desensitized to violence; and

Whereas, Teens who are heavily exposed to various forms of sexualized media content are more likely to initiate intercourse, have several sex partners, contract a sexually transmitted disease, and men are less likely to empathize with female sexual assault victims; and

Whereas, The American Academy of Pediatrics recommends no screen time for children under 2 and less than 2 hours per day for older children; and

Whereas, Increased screen time for toddlers leaves less time for engagement in creative play, decreasing the foundation of learning, constructive problem solving, and creativity; and

Whereas, Research demonstrates the benefits of reduced screen time for children, such as a higher academic performance, healthier lifestyle, prevention for later behavioral problems and victimization by classmates, and a decreased interest in television in later years; and

Whereas, Screen-Free Week establishes the foundation for important lifestyle adjustments that will develop the well-being and quality of life in children all year round; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 29-May 5, 2013, as Screen-Free Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported

Senate Bill No. 16, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43559 (MCL 324.43559), as amended by 1998 PA 95, and by adding section 1616.

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. LaFontaine, Rendon, Goike, Johnson, McBroom, Victory, Dianda and Kivela

Nays: None

The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported

Senate Bill No. 288, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103, 40110, 40113a, and 43536a (MCL 324.40103, 324.40110, 324.40113a, and 324.43536a), section 40103 as amended by 2012 PA 520, section 40110 as added by 1995 PA 57, section 40113a as amended by 1997 PA 19, and section 43536a as amended by 2004 PA 545, and by adding section 48703a.

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. LaFontaine, Rendon, Goike, Johnson, McBroom, Victory, Dianda and Kivela

Nays: None

The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported

Senate Bill No. 289, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the title and section 40113a (MCL 324.40113a), the title as amended by 2005 PA 116 and section 40113a as amended by 1997 PA 19.

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. LaFontaine, Rendon, Goike, Johnson, McBroom, Victory, Dianda and Kivela

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaFontaine, Chair, of the Committee on Natural Resources, was received and read:

Meeting held on: Tuesday, April 30, 2013

Present: Reps. LaFontaine, Rendon, Goike, Johnson, McBroom, Victory, Smiley, Dianda and Kivela

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

House Bill No. 4388, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57b (MCL 400.57b), as amended by 2011 PA 131.

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

Roll Call No. 114 Yeas—78

Abed Genetski Lane Pagel

Bolger Glardon Lauwers Pettalia

Brinks Goike LaVoy Poleski

Brunner Graves Leonard Potvin

Bumstead Greimel Lori Price

Callton Haines Lund Pscholka

Clemente Haugh Lyons Rendon

Cochran Haveman MacGregor Rogers

Cotter Heise MacMaster Schmidt

Crawford Hooker McBroom Shirkey

Daley Jacobsen McCann Slavens

Denby Jenkins McCready Somerville

Dianda Johnson Muxlow Stamas

Dillon Kelly Nathan VerHeulen

Driskell Kesto Nesbitt Victory

Farrington Kivela O’Brien Walsh

Forlini Kowall Oakes Yanez

Foster Kurtz Olumba Yonker

Franz LaFontaine Outman Zorn

Geiss Lamonte

Nays—32

Ananich Hobbs McMillin Smiley

Banks Hovey-Wright Roberts Stallworth

Barnett Howrylak Robinson Stanley

Brown Irwin Rutledge Switalski

Cavanagh Kandrevas Santana Talabi

Darany Knezek Schor Tlaib

Durhal Kosowski Segal Townsend

Faris Lipton Singh Zemke

In The Chair: Walsh

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 1939 PA 280, entitled “The social welfare act,” by amending sections 57 and 57b (MCL 400.57 and 400.57b), as amended by 2011 PA 131.

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.

______

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

“Mr. Speaker and members of the House:

Today I voted against legislation that will remove FIA assistance if children are truant from school. While I agree that children should be in school (all children, not just low-income children), what happens when parents do all the right things and the kids skip school anyway? I had a parent tell me that they dropped their daughter off at school and the daughter went in then left. Why should that family then lose all state assistance? I can’t, in good conscience, penalize parents for unruly teenagers. I am also disappointed that amendments by Rep. Hovey-Wright and Rep Slavens were defeated. These amendments would place a few minimum guidelines/standards such as addressing the barriers to school attendance, providing for a good cause exception, and providing an appeals process; and would addresses the full family sanction for children ages 6 to 15 years by changing this so that only the noncompliant child would be removed from the FIP group, which is the way noncompliance is handled for children ages 16 and older. This would provide for consistency in sanctions no matter the age of the child.”

Rep. Hovey-Wright, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

This bill denies benefits to the entire family when only one child is truant. It assumes parents have control over their 6-15 year olds when that is not always true. There is inconsistency in the definition of truancy from district to district resulting in inconsistent application of this bill.”

House Bill No. 4528, entitled

A bill to amend 2004 PA 161, entitled “Michigan immigration clerical assistant act,” by amending the title and sections 3, 13, 17, and 21 (MCL 338.3453, 338.3463, 338.3467, and 338.3471); and to repeal acts and parts of acts.

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

Roll Call No. 115 Yeas—110

Abed Genetski Lauwers Roberts

Ananich Glardon LaVoy Robinson

Banks Goike Leonard Rogers

Barnett Graves Lipton Rutledge

Bolger Greimel Lori Santana

Brinks Haines Lund Schmidt

Brown Haugh Lyons Schor

Brunner Haveman MacGregor Segal

Bumstead Heise MacMaster Shirkey

Callton Hobbs McBroom Singh

Cavanagh Hooker McCann Slavens

Clemente Hovey-Wright McCready Smiley

Cochran Howrylak McMillin Somerville

Cotter Irwin Muxlow Stallworth

Crawford Jacobsen Nathan Stamas

Daley Jenkins Nesbitt Stanley

Darany Johnson O’Brien Switalski

Denby Kandrevas Oakes Talabi

Dianda Kelly Olumba Tlaib

Dillon Kesto Outman Townsend

Driskell Kivela Pagel VerHeulen

Durhal Knezek Pettalia Victory

Faris Kosowski Poleski Walsh

Farrington Kowall Potvin Yanez

Forlini Kurtz Price Yonker

Foster LaFontaine Pscholka Zemke

Franz Lamonte Rendon Zorn

Geiss Lane

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 4118, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57y.

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

Roll Call No. 116 Yeas—77

Abed Genetski Lane Poleski

Bolger Glardon Lauwers Potvin

Brinks Goike LaVoy Price

Brown Graves Leonard Pscholka

Brunner Greimel Lori Rendon

Bumstead Haines Lund Rogers

Callton Haugh Lyons Schmidt

Clemente Haveman MacGregor Segal

Cochran Heise MacMaster Shirkey

Cotter Hooker McBroom Slavens

Crawford Jacobsen McCann Smiley

Daley Jenkins McCready Somerville

Denby Johnson Muxlow Stamas

Dianda Kelly Nesbitt VerHeulen

Dillon Kesto O’Brien Victory

Driskell Kowall Oakes Walsh

Farrington Kurtz Outman Yanez

Forlini LaFontaine Pagel Yonker

Foster Lamonte Pettalia Zorn

Franz

Nays—33

Ananich Hovey-Wright McMillin Singh

Banks Howrylak Nathan Stallworth

Barnett Irwin Olumba Stanley

Cavanagh Kandrevas Roberts Switalski

Darany Kivela Robinson Talabi

Durhal Knezek Rutledge Tlaib

Faris Kosowski Santana Townsend

Geiss Lipton Schor Zemke

Hobbs

In The Chair: Walsh

The House agreed to the title of the bill.

______

Rep. Hovey-Wright, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

This bill inappropriately punishes the families of those who use or abuse illegal substances in addition to the addicted person and does not allow for third party individuals to accept payment for the innocent families. In addition HB4118 does not protect privacy laws and puts the bill in legal jeopardy. Treatment programs may not be available in some areas. This bill is punitive for the innocent family members and does not recognize the reality of addictions, often requiring multiple treatment programs and forcing their families into abject poverty.”

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

“Mr. Speaker and members of the House:

I voted ‘no’ on HB4118 for several reasons. One of the main reasons is because I don’t think government should be collecting DNA from our residents who haven’t been charged with a crime.

I also think that if we are going to drug test social welfare recipients, then we should also drug test corporate welfare recipients. My amendment to do this was rejected.

I also think that citizens with a Medical Marijuana card should not lose their benefits if they test positive for Marijuana. My amendment to do this was rejected.

I also think it is reasonable that if we are going to take DNA from some citizens, that we should also take it from legislators. An amendment to do this was rejected.

I am also concerned the the bill is silent as to the disposition of citizens’ DNA and data related to it.

I don’t think welfare recipients should use illegal drugs. But I don’t think the way we prevent it is with bigger government and the collection of DNA from citizens not charged with a crime.

I do believe we can address the issue of welfare recipients using tax money for illegal drugs by eliminating bridge cards ‑ WHICH IS WHY I SUBMITTED A BILL REQUEST TODAY TO DO JUST THAT - ELIMINATE BRIDGE CARDS AND DISCRETIONARY CASH ASSISTANCE. Technology has increase to such a degree that it should not be difficult to send the payments directly to the landlord, the utilities and to provide voucher cards for groceries and clothing - thereby eliminating giving discretionary monies to welfare recipients.”

Second Reading of Bills

House Bill No. 4290, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 3 (MCL 205.3), as amended by 2006 PA 615.

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

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

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

The motion prevailed.

House Bill No. 4291, entitled

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

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

Rep. Farrington moved to amend the bill as follows:

1. Amend page 2, line 19, after “AND” by striking out “STANDARDS OF REPORTING” and inserting “ELEMENTS OF THE AUDIT REPORT OF FINDINGS”.

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

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

The motion prevailed.

Senate Bill No. 288, entitled

The bill was read a second time.

Rep. Roberts moved to amend the bill as follows:

1. Amend page 4, line 18, after “BEFORE” by striking out the balance of the subdivision and inserting “JANUARY 1, 2015.”.

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

Rep. Roberts moved to amend the bill as follows:

1. Amend page 7, following line 25, by inserting:

“Enacting section 1. This amendatory act does not take effect unless approved by a majority of the electors of this state voting on the question at the general election to be held November 4, 2014. This amendatory act shall be submitted to the qualified electors of this state at that election as provided by the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.”.

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

Rep. Barnett moved to amend the bill as follows:

1. Amend page 4, following line 19, by inserting:

“(D) COUGAR.”.

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

Rep. Barnett moved to amend the bill as follows:

1. Amend page 4, following line 19, by inserting:

“(D) AMERICAN ROBIN.

(E) CARDINAL.

(F) KIRTLAND’S WARBLER.

(G) TRUMPETER SWAN.

(H) SANDHILL CRANE.”.

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

Rep. Barnett demanded the yeas and nays.

The demand was not supported.

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

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

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

The motion prevailed.

Senate Bill No. 289, entitled

The bill was read a second time.

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

The motion prevailed.

______

Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Wednesday, May 1:

House Bill Nos. 4635 4636 4637 4638 4639 4640 4641 4642 4643 4644 4645 4646 4647 4648

4649 4650 4651

House Joint Resolution S

Senate Bill Nos. 332 333 334 335 336

The Clerk announced that the following Senate bills had been received on Wednesday, May 1:

Senate Bill Nos. 29 184 194

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

House Bill No. 4586, entitled

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. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, LaVoy and Townsend

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 1, 2013

Present: Reps. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, LaVoy and Townsend

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

House Bill No. 4454, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1566.

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. Lyons, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price, Yonker, Lipton, Knezek, Brinks, Stallworth, Lamonte and Abed

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 1, 2013

Present: Reps. Lyons, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price, Yonker, Lipton, Knezek, Brinks, Stallworth, Lamonte and Abed

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 30, 2013

Present: Reps. McMillin, Kelly, O’Brien, Leonard, Townsend and Robinson

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 1, 2013

Present: Reps. Foster, Zorn, Haines, Schmidt, Farrington, Glardon, Johnson, Nesbitt, Somerville, Outman, Kelly, Leonard, Switalski, Barnett, Townsend, Santana, Driskell and Yanez

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Shirkey, Chair, of the Committee on Michigan Competitiveness, was received and read:

Meeting held on: Wednesday, May 1, 2013

Present: Reps. Shirkey, Yonker, Haines, Cotter, Foster, Franz, Goike, Lauwers, Leonard, Pagel, Clemente, Townsend, Schor, Santana and Segal

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: Wednesday, May 1, 2013

Present: Reps. Kurtz, Hooker, Denby, Outman, Kesto, Victory, Hovey-Wright, Slavens and Kosowski

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 1, 2013

Present: Reps. Haveman, Pscholka, Kowall, Lori, Rogers, Stamas, Bumstead, Forlini, MacGregor, MacMaster, Jenkins, Muxlow, Poleski, Potvin, McCready, Howrylak, VerHeulen, Tlaib, Brown, Durhal, McCann, Dillon, Roberts, Kandrevas, Faris, Zemke, Singh and Olumba

Absent: Rep. Walsh

Excused: Rep. Walsh

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Wednesday, May 1, 2013

Present: Reps. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Kesto, Robinson, Kivela and Banks

Messages from the Senate

House Bill No. 4037, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2012 PA 498.

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. 4228, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 11, 11a, 11g, 11j, 11k, 11m, 12, 15, 18, 18b, 19, 20, 20d, 22a, 22b, 22d, 22f, 22i, 22j, 24, 24a, 24c, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 51a, 51b, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94a, 95, 98, 99, 101, 102, 104, 107, 147, 147a, 147b, 147c, 152a, 201, 201a, 206, 209, 210, 224, 225, 229a, 230, 236, 236a, 236b, 241, 242, 244, 245, 246, 252, 256, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 273, 274, 274a, 276, 277, 278, 279, 280, 281, 282, 289, and 290 (MCL 388.1606, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1612, 388.1615, 388.1618, 388.1618b, 388.1619, 388.1620, 388.1620d, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1622i, 388.1622j, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1651a, 388.1651b, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694a, 388.1695, 388.1698, 388.1699, 388.1701, 388.1702, 388.1704, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1752a, 388.1801, 388.1801a, 388.1806, 388.1809, 388.1810, 388.1824, 388.1825, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1841, 388.1842, 388.1844, 388.1845, 388.1846, 388.1852, 388.1856, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1873, 388.1874, 388.1874a, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1889, and 388.1890), sections 6, 11, 26b, and 201 as amended by 2012 PA 465, sections 11a, 11g, 11j, 11k, 11m, 12, 18, 19, 20, 20d, 22a, 22b, 22d, 22f, 24, 24a, 24c, 26a, 31a, 31d, 31f, 32d, 39, 39a, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94a, 98, 99, 102, 104, 107, 147, 147a, 147b, 152a, 201a, 206, 209, 210, 224, 225, 230, 236, 236a, 241, 242, 244, 245, 252, 256, 258, 263, 263a, 264, 265, 267, 268, 269, 270, 273, 274, 274a, 276, 277, 278, 279, 280, 281, 282, 289, and 290 as amended and sections 22i, 22j, 26c, 32p, 95, 147c, 229a, 236b, 246, and 265a as added by 2012 PA 201, section 15 as amended by 2012 PA 286, section 18b as amended by 2008 PA 268, section 51b as added by 1996 PA 300, and section 101 as amended by 2012 PA 516, and by adding sections 21f, 22c, 22k, 25e, 41, 99b, 236c, 259, and 272a; and to repeal acts and parts of acts.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and amended the title to read as follows:

A bill 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 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11 and 201 as amended by 2012 PA 465, section 17b as amended by 2007 PA 137, and section 236 as amended by 2012 PA 201.

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

House Bill No. 4328, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2014 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and amended the title to read as follows:

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2014 and other fiscal years; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

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

Senate Bill No. 29, entitled

A bill to prohibit the sale of certain engine coolant in this state that does not contain denatonium benzoate as a bittering agent; to require certain record keeping; and to provide for penalties.

The Senate has passed the bill.

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

Senate Bill No. 184, entitled

A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2014; and to provide for the expenditure of the appropriations.

The Senate has passed the bill.

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

Senate Bill No. 194, entitled

A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2014; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

The Senate has passed the bill.

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

Notices

May 1, 2013

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

I hereby make the following changes to the House Standing Committees for the 2012-2013 Legislative Session:

Commerce

Add Rep. Oakes

Criminal Justice

Add Rep. Oakes, Minority Vice Chair

Energy and Technology

Add Rep. Lane

Health Policy

Add Rep. Segal

Tax Policy

Add Rep. Haugh

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Explanation of “No” Votes

Rep. Lipton, having reserved the right to explain her protest against the passage of House Bill No. 4228, made the following statement:

“Mr. Speaker and members of the House:

I voted against HB 4228 because it does not include adequate funding for quality early childhood education, as requested by Governor Snyder and as proposed by House Democrats, because it provides no increase in per-pupil funding to many Michigan school districts, and because it actually cuts per pupil funding to some Michigan school districts.”

Rep. Lipton, having reserved the right to explain her protest against the passage of House Bill No. 4328, made the following statement:

“Mr. Speaker and members of the House:

I voted no on HB 4328 because it eliminates hundreds of employees who work to protect Michigan’s most vulnerable citizens - our children and seniors - from abuse and neglect, because it fails to adequately fund mental health and substance abuse services for veterans, because it fails to adequately cut government waste and fraud, because it fails to adequately cut corporate welfare, and because it fails to adequately invest in public safety. “

Introduction of Bills

Rep. Tlaib introduced

House Bill No. 4652, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 22b (MCL 388.1622b), as amended by 2012 PA 201.

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

Rep. Lori introduced

House Bill No. 4653, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1502 (MCL 380.1502), as amended by 1993 PA 335.

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

Reps. Poleski, McMillin, Howrylak and Clemente introduced

House Bill No. 4654, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 284 (MCL 450.1284), as added by 2012 PA 569.

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

Reps. Yonker, Rendon, Lauwers and Callton introduced

House Bill No. 4655, entitled

A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” by amending sections 9 and 11 (MCL 205.179 and 205.181).

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

Reps. Segal, Knezek, Slavens, Durhal, Clemente, McBroom, Lyons, Haveman, O’Brien, LaVoy, McCann, Bumstead, Brown, Dillon, Cavanagh and Darany introduced

House Bill No. 4656, entitled

A bill to amend 1978 PA 90, entitled “Youth employment standards act,” by amending section 16 (MCL 409.116).

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

Announcements by the Clerk

April 30, 2013

Received from the Auditor General a copy of the following audit report and/or report summary:

Follow-up of the performance audit of the School Report Card Program, Michigan Department of Education, April 2013.

Gary L. Randall

Clerk of the House

The Clerk received the following dissent on House Bill No. 4528, from Rep. Irwin:

I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.

The Clerk received the following dissent on House Bill No. 4388, from Rep. Irwin:

______

Rep. McMillin moved that the House adjourn.

The motion prevailed, the time being 3:45 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, May 2, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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