No. 61

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Tuesday, June 18, 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 Glardon—present Lauwers—present Roberts—present

Banks—present Goike—present LaVoy—present Robinson—present

Barnett—present Graves—present Leonard—present Rogers—present

Bolger—present Greimel—present Lipton—present Rutledge—present

Brinks—present Haines—present Lori—present Santana—present

Brown—present Haugh—present Lund—present Schmidt—present

Brunner—present Haveman—present Lyons—present Schor—present

Bumstead—present Heise—present MacGregor—present Segal—present

Callton—present Hobbs—present MacMaster—present Shirkey—present

Cavanagh—present Hooker—present McBroom—present Singh—present

Clemente—present Hovey-Wright—present McCann—excused Slavens—present

Cochran—present Howrylak—present McCready—present Smiley—present

Cotter—present Irwin—present McMillin—present Somerville—present

Crawford—present Jacobsen—present Muxlow—present Stallworth—present

Daley—present Jenkins—present Nathan—present Stamas—present

Darany—present Johnson—present Nesbitt—present Stanley—present

Denby—present Kandrevas—present O’Brien—present Switalski—present

Dianda—present Kelly—present Oakes—present Talabi—present

Dillon—present Kesto—present Olumba—present Tlaib—present

Driskell—present Kivela—present Outman—present Townsend—present

Durhal—present Knezek—present Pagel—excused VerHeulen—present

Faris—present Kosowski—present Pettalia—present Victory—present

Farrington—present Kowall—present Poleski—present Walsh—excused

Forlini—present Kurtz—present Potvin—present Yanez—present

Foster—present LaFontaine—present Price—present Yonker—present

Franz—present Lamonte—present Pscholka—present Zemke—present

Geiss—present Lane—present Rendon—present Zorn—present

Genetski—present

e/d/s = entered during session

Rev. Ronda L. Hawkins, Pastor of United Methodist Church, Detroit Conference in Brighton, offered the following invocation:

“Almighty God, we thank You for the opportunity to gather together this afternoon. We pause to ask for Your presence here in this historic chamber.

We thank You for the privilege of living in the most incredible country on earth. You have blessed us for over 200 years but Lord, we only need to scan the headlines to see so much in our country that causes us to have doubts that the freedoms we have enjoyed and the liberties we have benefitted from seem to be slipping away. It pains us to realize that some of this is due to our increasing distance from You: from lack of respect for human life, and intact families, to self-centeredness, to greed, to disrespect for authority, to lust for power. We ask that You would create a new heart within us and give us the courage to return to You and the purpose You would have for us.

O God, these representatives here today have been elected to serve and are therefore privileged to do the work of the people-the people of the great state of Michigan. We humbly ask for Your strength upon them. We would ask for wisdom, O God, and discernment so that the work of this body may be for the good of the people of this state.

May the introduction and adoption of legislation that is accomplished here in these waning days of this session be done in a principled manner with integrity less dependent on political ideology, partisanship and divisiveness but more with an emphasis on the right and the good.

You have blessed us, O God with many gifts and talents, none more important than another. As we gather together with a united purpose we become one body. Working together we can become a complete whole. We ask for Your direction and assistance with this aim.

We ask O God, for Your strength and protection on others serving in state government—especially on our Governor Rick Snyder and our Lieutenant Governor Brian Calley.

Lord, we pray for peace in all lands, but as we continue striving for that day, we ask for Your continued blessing and protection on the men and women who serve in our military protecting freedom in our state, in our country and around the world. We remember and honor those who have sacrificed their tomorrows so that we might enjoy ours. We also ask for Your protection on those first responders, police officers and firefighters who also protect us and thank You for giving them the courage and the willingness to do so.

We ask, O God for Your continued blessings on all our people, our families, our great state and our nation.

For all of this we ask in Your Holy name.

AMEN>”

______

Rep. Hobbs moved that Rep. McCann be excused from today’s session.

The motion prevailed.

Rep. Stamas moved that Reps. Pagel and Walsh be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Kosowski, Jacobsen, Knezek, Dillon, Robinson, Hobbs, Geiss, Barnett, Cavanagh, Hovey-Wright, Tlaib, Darany, Brinks, Haugh, Driskell, Abed, Dianda, Faris, Lane, Roberts, Switalski, Durhal, Potvin, Kivela, Cochran, LaVoy, Stanley, Segal, Brown, McCann, Singh, Schor, Pettalia, Zemke, Howrylak, Goike, Crawford, Genetski, Franz, Kelly, MacMaster, Nathan, Lund, Victory, McCready, Kesto, Yonker, Graves, Muxlow, VerHeulen, Bumstead, Farrington, Denby, Daley, Walsh, Rendon, Price, Lauwers, Lori, Hooker, Heise, Lipton, Rogers, Slavens and Talabi offered the following resolution:

House Resolution No. 180.

A resolution to declare July 2013 as Parks and Recreation Month in the state of Michigan.

Whereas, Parks and recreation programs are an integral part of communities throughout the United States and Michigan; and

Whereas, Michigan’s parks and recreation services are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community and region; and

Whereas, Parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who have a mental or physical disability, and also improve the mental and emotional health of all citizens; and

Whereas, Parks and recreation programs increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and

Whereas, Parks and recreation areas are fundamental to the environmental well-being of Michigan; and

Whereas, Parks and natural recreation areas in Michigan improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and

Whereas, Michigan’s parks and recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and

Whereas, The National Recreation and Park Association has designated July as Parks and Recreation Month; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare July 2013 as Parks and Recreation Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Darany, Barnett, Brown, Cavanagh, Durhal, Faris, Geiss, Heise, Hovey-Wright, Howrylak, Lipton, Roberts, Singh, Slavens, Talabi and Tlaib offered the following resolution:

House Resolution No. 181.

A resolution to commemorate the 50th anniversary of Dr. Martin Luther King, Jr.’s Detroit Walk to Freedom.

Whereas, It is with great respect that the members of this legislative body are proud to join with the citizens of Michigan in remembering this historic event and the heroic actions that served as a catalyst for justice and equality; and

Whereas, Including an estimated 125,000 participants, the legendary Detroit march was labeled the “largest civil rights demonstration in the nation’s history [to date]” by the Detroit Free Press; and

Whereas, On June 22, 1963 Dr. Martin Luther King, Jr. stood before 25,000 people at Cobo Hall in Detroit and declared, “I have a dream” following the historic Woodward Avenue march; and

Whereas, Martin Luther King, Jr.’s Walk to Freedom served as an example of non-violent, civil disobedience that became an exemplification of change when advocating for human rights and dignity while advancing an end to discrimination; and

Whereas, These actions and the civil rights movement led to the passage of Civil Rights Act of 1964, which removed the status of legal discrimination against racial, ethnic, and religious minorities, and guaranteed equality under the law; and

Whereas, The success of the Detroit Walk to Freedom enthused the historic March on Washington on August 28, 1963, both of which inspired an end to racial segregation in the United States; and,

Whereas, The Detroit Walk to Freedom participants’ bravery and determination highlighted the strength of non-violent protest and became a facilitator for change, not only in Michigan, but across the nation as well; and

Whereas, A commemorative march will be held in Detroit, Michigan on June 22, 2013, in honor of the original Walk to Freedom. Participants will march the same historic Woodward Avenue route people walked in 1963 in remembrance of the struggle for justice and equality that Dr. Martin Luther King, Jr. and other participants of this momentous event advocated for; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 50th anniversary of Dr. Martin Luther King, Jr.’s Detroit Walk to Freedom.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Slavens, Barnett, Brown, Cavanagh, Darany, Durhal, Faris, Geiss, Hovey-Wright, Howrylak, Roberts, Singh, Talabi and Tlaib offered the following resolution:

House Resolution No. 182.

A resolution to declare July 2013 as Ultraviolet Ray Safety Month in the state of Michigan.

Whereas, The sun can adversely affect everyone; and

Whereas, People who are at the highest risk for skin cancer are those who spend excessive amounts of time in the sun, as well those who get sun burns easily or frequently; and

Whereas, Even though the risk of skin cancer is not equal for all people, everyone should take precautions; and

Whereas, Everyone is equally at risk for eye damage due to overexposure to the sun’s ultra violet radiation; and

Whereas, Prolonged exposure of natural and/or manmade UV rays leads to skin and eye diseases such as cataracts, age-related macular degeneration, glaucoma complications, skin cancer, and weakened immune systems; and

Whereas, The most dangerous UV levels exist between 10 a.m. and 4 p.m., even on cloudy days and during winter months; and

Whereas, The Center for Disease Control and Prevention (CDC) recommends wearing a hat with a wide brim to shade the face, head, ears, and neck, as well as wearing sunglasses that wrap around and block as close to 100% of both UVA and UVB rays as possible; and

Whereas, The CDC recommends the use sunscreen with sun protective factor (SPF) 15 or higher and both UVA and UVB protection; and

Whereas, Ultraviolet Safety Month helps develop greater public awareness of dangers of exposure to UV radiation and the importance of protecting our skin and eyes from the sun’s harmful rays; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare July 2013 as Ultraviolet Ray Safety Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Slavens, Barnett, Brown, Cavanagh, Darany, Durhal, Faris, Geiss, Hovey-Wright, Lori, Roberts, Talabi and Tlaib offered the following resolution:

House Resolution No. 183.

A resolution to declare August 2013 as Immunization Awareness Month in the state of Michigan.

Whereas, Vaccines have reduced and, in some cases, eliminated many diseases that once routinely killed or harmed tens of thousands of infants, children, and adults; and

Whereas, Vaccine-preventable diseases have a costly impact, resulting in doctors’ visits, hospitalizations, and premature deaths; and

Whereas, Maintaining high immunization rates protects the entire state by interrupting the transmission of disease-causing bacteria or viruses; and

Whereas, Influenza is responsible for approximately 20,000 to 50,000 deaths annually and an estimated 200,000 hospitalizations per year; and

Whereas, Hepatitis B infections occur in 200,000 to 300,000 people each year and result in 10,000 to 15,000 hospitalizations and 250 deaths each year; now, therefore, be it

Resolved by the House of Representatives, That that the members of this legislative body declare August 2013 as Immunization Awareness Month in the state of Michigan. We call this observance to the attention of all our citizens.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Slavens, Barnett, Brown, Cavanagh, Darany, Durhal, Faris, Geiss, Hovey-Wright, Howrylak, Roberts, Singh, Talabi and Tlaib offered the following resolution:

House Resolution No. 184.

A resolution to declare June 2013 as Post-Traumatic Stress Disorder Awareness Month in the state of Michigan.

Whereas, Throughout our nation’s history, the men and women of the United States Armed Forces have preserved our freedom, protected our security, and upheld our democratic values; from the battles of the American Revolution through the crucible of two world wars to the wars in Iraq and Afghanistan today, our men and women in uniform have stood proudly in defense of the United States and the cause of liberty; and

Whereas, The federal Department of Veterans Affairs estimates that as many as 95 percent of veterans returning from combat in Iraq and Afghanistan have some form of PTSD; and

Whereas, The incidence of post-traumatic stress disorder (PTSD) in members of the military is rising, exposing hundreds of thousands of soldiers to traumatic life-threatening events; and

Whereas, Many cases of PTSD remain unreported, undiagnosed, and untreated due to a lack of awareness about PTSD and the persistent stigma associated with mental health conditions; and

Whereas, Symptoms include nightmares, feeling numb, having difficulty experiencing love or closeness with others, feeling jittery or overly alert, having difficulty sleeping, experiencing anger or irritability, having difficulty concentrating, substance problems, and having feelings of despair or hopelessness; and

Whereas, Although the Department of Defense and the Department of Veterans Affairs have made significant advances in the prevention, diagnosis, and treatment of PTSD and the symptoms of PTSD, many challenges remain; and

Whereas, According to the National Institute for Mental Health, PTSD is an anxiety disorder that can develop after exposure to a terrifying event or ordeal in which grave physical harm occurred or was threatened; and

Whereas, Eight percent of the U.S. population at large will be affected by Post-Traumatic Stress Disorder in their lifetime; and

Whereas, The establishment of a National Post-Traumatic Stress Disorder Awareness Month will raise public awareness about issues related to PTSD, reduce the stigma associated with PTSD, and help ensure that those suffering from the invisible wounds of war receive proper treatment; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 2013 as Post-Traumatic Stress Disorder Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Foster, Cotter, Crawford, Denby, Heise, Hooker, Howrylak, Kowall, O’Brien and Rogers offered the following resolution:

House Resolution No. 185.

A resolution to memorialize Congress to repeal the Affordable Care Act.

Whereas, The 2010 Affordable Care Act (ACA) is a violation of personal liberty and strikes at the heart of American federalism. The federal mandate on American citizens to purchase health insurance and on employers to provide health insurance are unprecedented. The President and the Congress have invaded the traditional authority of the states in regulating health insurance within their own borders; and

Whereas, The ACA intrudes into the private relationship between physicians and their patients. The relationship between physicians and their patients is sacrosanct because the physician is serving only the individual patient and is their professional advocate in matters of life and death, health, and well-being. The ACA damages this relationship by creating bureaucratic and financial burdens on physicians and coercing American patients to choose a physician that may not fit their needs; and

Whereas, The ACA imposes unfunded mandates on the states, onerous requirements on individuals and employers, and places a suffocating burden on the physicians of this country; now, therefore be it,

Resolved by the House of Representatives, That we memorialize Congress to repeal the Affordable Care Act; and be it further

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

The resolution was referred to the Committee on Health Policy.

______

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

Second Reading of Bills

House Bill No. 4736, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17745, 17751, 17754, and 17757 (MCL 333.17745, 333.17751, 333.17754, and 333.17757), sections 17745 and 17757 as amended by 2011 PA 210 and sections 17751 and 17754 as amended by 2012 PA 209, and by adding section 5110.

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

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

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

The motion prevailed.

House Bill No. 4575, entitled

A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending sections 3, 5, 7, 11, 15, and 17 (MCL 390.1663, 390.1665, 390.1667, 390.1671, 390.1675, and 390.1677).

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

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

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

The motion prevailed.

House Bill No. 4745, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 102, 208, 814a, 1031, 1242, 1246, 1505, 2080, 2110b, 2153, 3010, 3580, 3926a, 3935, 4424, 4501, 4601, 4603, 4609, 4625, 4673, 4701, 4705, 4713, 4715, 4733, 4734, and 8111 (MCL 500.102, 500.208, 500.814a, 500.1031, 500.1242, 500.1246, 500.1505, 500.2080, 500.2110b, 500.2153, 500.3010, 500.3580, 500.3926a, 500.3935, 500.4424, 500.4501, 500.4601, 500.4603, 500.4609, 500.4625, 500.4673, 500.4701, 500.4705, 500.4713, 500.4715, 500.4733, 500.4734, and 500.8111), section 102 as amended by 2000 PA 252, section 208 as amended by 2002 PA 105, section 814a as added by 2009 PA 198, section 1031 as added by 2008 PA 342, section 1242 as amended by 2002 PA 32, section 1246 as added by 2001 PA 228, section 1505 as amended by 2011 PA 75, section 2080 as amended by 2008 PA 513, section 2110b as added by 2004 PA 190, section 2153 as added by 2012 PA 206, section 3010 as amended by 2006 PA 208, section 3580 as added by 2000 PA 249, section 3935 as amended and section 3926a as added by 2006 PA 442, section 4424 as amended by 2008 PA 497, section 4501 as amended by 2012 PA 39, sections 4601, 4603, 4609, 4625, 4673, 4701, 4705, 4713, 4715, 4733, and 4734 as added by 2008 PA 29, and section 8111 as amended by 2006 PA 358.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4636, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 16, 44, and 76 (MCL 780.766, 780.794, and 780.826), as amended by 2009 PA 28.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4208, entitled

A bill to amend 1986 PA 59, entitled “Resort district rehabilitation act,” by amending sections 2 and 6 (MCL 125.2202 and 125.2206).

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

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

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

The motion prevailed.

House Bill No. 4409, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78g (MCL 211.78g), as amended by 2003 PA 263.

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

The motion prevailed.

House Bill No. 4786, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2891 (MCL 333.2891), as amended by 2004 PA 467, and by adding section 2892.

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

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

Rep. VerHeulen moved to amend the bill as follows:

1. Amend page 4, line 18, after “REGISTRAR” by striking out “OR A LOCAL REGISTRAR”.

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

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

The motion prevailed.

House Bill No. 4787, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2011 PA 144.

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

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

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

The motion prevailed.

Senate Bill No. 347, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” (MCL 125.1401 to 125.1499c) by adding section 22d.

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

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

Rep. Foster moved to amend the bill as follows:

1. Amend page 2, line 7, after “HOUSING” by striking out the balance of the line and inserting “DEVELOPMENT FUND CREATED IN SECTION 23.”.

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

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

The motion prevailed.

Senate Bill No. 300, entitled

A bill 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.

The bill was read a second time.

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 6, line 14, after “attorneys.” by striking out the balance of the line through “MIDC.” on line 17.

The motion did not prevail and 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. 301, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter XV (MCL 775.16), as amended by 1980 PA 506.

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.

Senate Bill No. 330, entitled

A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 19 (MCL 30.419), as amended by 1990 PA 50.

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.

Messages from the Governor

The following line items veto message from the Governor was received and read:

Executive Office, Lansing, June 13, 2013

Michigan House of Representatives

State Capitol

Lansing MI 48909-7536

Ladies and Gentlemen:

Today I have signed Enrolled House Bill 4328, which makes appropriations for various departments and agencies, the judicial branch and the legislative branch for the fiscal year ending September 30, 2014. I have, however, disapproved two items pursuant to Section 19 of Article V of the Michigan Constitution of 1963. The specific vetoes are detailed in the attached copy of the bill that has been filed with the Secretary of State.

I have disapproved the appropriations in section 108(13) and related section 1053 within the Department of Treasury, Michigan Strategic Fund (Article VIII) because fiscal year 2013 was the final year of funding based on a two-year phase-out of state support.

I have disapproved the appropriation within the Department of Transportation in Article XVII, section 736 because current traffic control standards are consistent with federal standards and a transportation revenue package is still pending.

I have considered the enforceability of boilerplate provisions as I provide direction to departments in implementing appropriations contained in Enrolled House Bill 4328. Among the various provisions that are considered unenforceable, I note the following: sections 453(2) and 803 (Article I); section 407 (Article VII); section 341 (Article XI); and sections 341 and 375 (Article XIII). Section 522 (Article X) is considered enforceable provided it does not conflict with federal funding guidelines. Section 382 (Article XVII) is considered enforceable to the extent it does not alter or amend Act 51 of 1951 requiring local unit cost sharing.

Enrolled House Bill 4328 also contains numerous boilerplate sections that include statements of legislative intent. We will take these legislative preferences into consideration as departments and agencies implement the appropriations. However, these legislative intent statements do not impose conditions on appropriations and are non-binding upon departments and agencies implementing the appropriations.

I thank the Legislature for adopting this omnibus appropriation bill and for demonstrating once again its commitment to completing the budget in a timely fashion. However, there is more to do in finalizing the Healthy Michigan Plan and designing a revenue package to support our transportation infrastructure. I look forward to working with the Legislature to complete action on these important initiatives.

Respectfully,

Rick Snyder

Governor

The bill was signed by the Governor June 13, 2013, at 3:20 p.m.

The bill was filed with the Secretary of State June 13, 2013, at 3:55 p.m. and assigned Public Act No. 59, I.E.

The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,

Rep. Lyons moved that the disapproved line items be re-referred to the Committee on Appropriations.

The motion prevailed.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4576, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 102, 249a, 1201, 1238, and 1242 (MCL 500.102, 500.249a, 500.1201, 500.1238, and 500.1242), section 102 as amended by 2000 PA 252, section 249a as added by 1992 PA 182, section 1201 as amended by 2012 PA 462, section 1238 as amended by 2012 PA 453, and section 1242 as amended by 2002 PA 32, and by adding sections 1229, 1230, 1231, 1231a, and 1231b.

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

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Crawford moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Crawford 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

Motions and Resolutions

Rep. Stamas moved that when the House adjourns today it stand adjourned until Wednesday, June 19, at 10:00 a.m.

The motion prevailed.

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 14:

House Bill Nos. 4830 4831 4832 4833 4834 4835 4836 4837 4838 4839 4840 4841 4842 4843

Senate Bill Nos. 429 430 431 432

The Clerk announced the enrollment printing and presentation to the Governor on Monday, June 17, for his approval of the following bills:

Enrolled House Bill No. 4082 at 1:35 p.m.

Enrolled House Bill No. 4084 at 1:37 p.m.

Enrolled House Bill No. 4085 at 1:39 p.m.

Enrolled House Bill No. 4459 at 1:41 p.m.

Enrolled House Bill No. 4460 at 1:43 p.m.

Enrolled House Bill No. 4462 at 1:45 p.m.

Enrolled House Bill No. 4591 at 1:47 p.m.

Enrolled House Bill No. 4592 at 1:49 p.m.

Enrolled House Bill No. 4737 at 1:51 p.m.

Enrolled House Bill No. 4743 at 1:53 p.m.

Reports of Standing Committees

The Committee on Commerce, by Rep. Foster, Chair, reported

Senate Bill No. 357, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 778 (MCL 450.1778), as amended by 1993 PA 91.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Foster, Zorn, Farrington, Glardon, Nesbitt, Somerville, Outman, Kelly, Leonard, Switalski, Barnett, Townsend and Yanez

Nays: Rep. Santana

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 18, 2013

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

Absent: Reps. Haines, Schmidt, Johnson and Oakes

Excused: Reps. Haines, Schmidt, Johnson and Oakes

The Committee on Oversight, by Rep. McMillin, Chair, reported

House Bill No. 4707, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2012 PA 555.

With the recommendation that the substitute (H-2) 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. McMillin, Kelly, O’Brien and Leonard

Nays: Reps. Townsend and Robinson

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 18, 2013

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

The Committee on Elections and Ethics, by Rep. Lyons, Chair, reported

House Bill No. 4833, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 867 and 881 (MCL 168.867 and 168.881), section 867 as amended by 1980 PA 200 and section 881 as amended by 1995 PA 261.

With the recommendation that the substitute (H-4) 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. Lyons, Cotter, Heise, Callton, Outman, Yonker, Haugh, Lane and Schor

Nays: None

The Committee on Elections and Ethics, by Rep. Lyons, Chair, reported

Senate Bill No. 283, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 55 (MCL 169.255), as amended by 2012 PA 277.

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, Cotter, Heise, Callton, Outman, Yonker, Haugh, Lane and Schor

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 18, 2013

Present: Reps. Lyons, Cotter, Heise, Callton, Outman, Yonker, Haugh, Lane and Schor

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

Senate Bill No. 50, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81101, 81115, 81122, 81129, and 81133 (MCL 324.81101, 324.81115, 324.81122, 324.81129, and 324.81133), section 81101 as amended by 2012 PA 246, sections 81115 and 81129 as amended by 2008 PA 240, section 81122 as added by 1995 PA 58, and section 81133 as amended by 2012 PA 340; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. LaFontaine, Rendon, Goike, Johnson, McBroom, Victory 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, June 18, 2013

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 18, 2013

Present: Reps. Crawford, McBroom, Denby, McMillin, LaFontaine, Rendon, Yonker, Kelly, Kesto, Haugh, Abed, Stanley, Dianda and Schor

Absent: Rep. Nathan

Excused: Rep. Nathan

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 18, 2013

Present: Reps. Schmidt, Glardon, Daley, Heise, Jacobsen, O’Brien, Pettalia, Lauwers, McCready, Lane, Dianda, Rutledge, Driskell, Cochran and Smiley

Messages from the Senate

House Bill No. 4665, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11525a (MCL 324.11525a), as amended by 2011 PA 149.

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. 4666, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” 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.

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. 4669, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81116 (MCL 324.81116), as amended by 2012 PA 28.

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. 4708, entitled

A bill to amend 1998 PA 138, entitled “Hazardous materials transportation act,” by amending sections 2 and 5 (MCL 29.472 and 29.475).

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. 4664, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2012 PA 432.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 4670, entitled

A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending sections 18 and 19 (MCL 30.418 and 30.419), sections 18 and 19 as amended by 1990 PA 50.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1976 PA 390, entitled “An act to provide for planning, mitigation, response, and recovery from natural and human-made disaster within and outside this state; to create the Michigan emergency management advisory council and prescribe its powers and duties; to prescribe the powers and duties of certain state and local agencies and officials; to prescribe immunities and liabilities; to provide for the acceptance of gifts; and to repeal acts and parts of acts,” by amending section 18 (MCL 30.418), as amended by 1990 PA 50.

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

House Bill No. 4671, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 408 (MCL 484.1408), as amended by 2011 PA 146.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Messages from the Governor

Date: June 16, 2013

Time: 9:30 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4458 (Public Act No. 61, I.E.), being

An act to amend 1980 PA 450, entitled “An act to prevent urban deterioration and encourage economic development and activity and to encourage neighborhood revitalization and historic preservation; to provide for the establishment of tax increment finance authorities and to prescribe their powers and duties; to authorize the acquisition and disposal of interests in real and personal property; to provide for the creation and implementation of development plans; to provide for the creation of a board to govern an authority and to prescribe its powers and duties; to permit the issuance of bonds and other evidences of indebtedness by an authority; to permit the use of tax increment financing; to reimburse authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state agencies and officers,” by amending section 1 (MCL 125.1801), as amended by 2010 PA 245.

(Filed with the Secretary of State June 18, 2013, at 9:52 a.m.)

Date: June 16, 2013

Time: 9:33 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4461 (Public Act No. 62, I.E.), being

An act to amend 1986 PA 281, entitled “An act to encourage local development to prevent conditions of unemployment and promote economic growth; to provide for the establishment of local development finance authorities and to prescribe their powers and duties; to provide for the creation of a board to govern an authority and to prescribe its powers and duties; to provide for the creation and implementation of development plans; to authorize the acquisition and disposal of interests in real and personal property; to permit the issuance of bonds and other evidences of indebtedness by an authority; to prescribe powers and duties of certain public entities and state officers and agencies; to reimburse authorities for certain losses of tax increment revenues; and to authorize and permit the use of tax increment financing,” by amending section 2 (MCL 125.2152), as amended by 2012 PA 290.

(Filed with the Secretary of State June 18, 2013, at 9:54 a.m.)

Date: June 16, 2013

Time: 9:36 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4463 (Public Act No. 63, I.E.), being

An act to amend 1867 PA 35, entitled “An act to provide for the formation of nonprofit street railway companies, defining their powers and duties and authorizing the construction, use, maintenance and ownership of street railways for the transportation of passengers, and for accumulating, storing, manufacturing, conducting, using, selling, furnishing and supplying electricity and electric power, by such companies; to prescribe powers and duties of certain state and local agencies and officials; to provide remedies and penalties; to provide for the establishment of a transit development finance zone; and to authorize the use of tax increment financing,” by amending section 23 (MCL 472.23), as amended by 2008 PA 486.

(Filed with the Secretary of State June 18, 2013, at 9:56 a.m.)

Date: June 16, 2013

Time: 9:39 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4464 (Public Act No. 64, I.E.), being

An act to amend 2010 PA 250, entitled “An act to provide for the establishment of a private source of funding for public infrastructure; to prescribe the powers and duties of certain public entities; to finance public infrastructure through public and private sources; to authorize the acquisition and disposal of interests in real and personal property; to authorize certain public and private entity partnerships; to authorize the creation and implementation of certain plans and negotiated benefit areas; to promote economic development; to authorize the use of tax increment financing; to prescribe powers and duties of certain state and local officials; to provide for rule promulgation; and to provide for enforcement of the act,” by amending section 3 (MCL 125.1873).

(Filed with the Secretary of State June 18, 2013, at 9:58 a.m.)

Introduction of Bills

Reps. Schor, Zemke, Singh, Irwin, Kivela, Knezek, Cavanagh, Dillon, Driskell, Kandrevas, Kosowski, Brinks, Heise, Slavens, Hovey-Wright, Howrylak and Rogers introduced

House Bill No. 4844, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1284b (MCL 380.1284b), as amended by 2006 PA 235.

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

Rep. Foster introduced

House Bill No. 4845, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 21g.

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

Rep. Foster introduced

House Bill No. 4846, entitled

A bill to establish and provide for the administration of the early graduation achievement scholarship program; to create the early graduation achievement scholarship fund; and to provide for the powers and duties of certain state officers and entities.

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

______

Rep. Kesto moved that the House adjourn.

The motion prevailed, the time being 4:20 p.m.

Associate Speaker Pro Tempore Cotter declared the House adjourned until Wednesday, June 19, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives

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