No. 16

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Thursday, February 16, 2012.

12:00 Noon.

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 Genetski—present LeBlanc—present Price—present

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

e/d/s = entered during session

Pastor Jack Mannschreck, Pastor of Big Beaver United Methodist Church in Troy, offered the following invocation:

“It is a privilege to be with you this fine day and to share with you a blessing for the work you will accomplish this day.

Gracious and merciful God, we thank You this day, and for the responsibilities You place before us and the wisdom with which we meet those responsibilities.

We are mindful of the gift You have given us in this great state of Michigan, and we seek not to squander this gift but to cultivate it so that it will yield a harvest of good works, justice and peace.

We pray for jobs and meaningful support of families. We pray for our people that they may experience prosperity as a result of their productivity. We pray for Your purposes to be fulfilled in each of our citizens and for Your blessing upon each of our days.

We recognize the many needs of the citizens of Michigan and ask Your guidance for these leaders, gathered this day. May their agenda reflect Your favor upon all people. May their words be tempered to reflect Your goodness. May their decisions reflect Your wisdom.

May these representatives reflect the courage to speak the truth in love and may their lives demonstrate leadership that will insure the welfare of all the inhabitants of this great state. Through Christ our Lord and Savior, Who lives and reigns with You and the Holy Spirit – One God forever and ever. Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

House Bill No. 4601, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 30.

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

Roll Call No. 57 Yeas—62

Agema Goike Lund Poleski

Bolger Haines Lyons Potvin

Bumstead Haveman MacGregor Price

Callton Heise MacMaster Pscholka

Cotter Hooker McBroom Rendon

Crawford Horn McMillin Rogers

Daley Hughes Moss Schmidt, W.

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori

Nays—46

Ananich Durhal Lindberg Segal

Barnett Geiss Lipton Slavens

Bauer Hammel Liss Smiley

Bledsoe Haugh McCann Stallworth

Brown Hobbs Meadows Stanley

Brunner Hovey-Wright Nathan Stapleton

Byrum Howze Oakes Switalski

Cavanagh Irwin Olumba Talabi

Clemente Jackson Rutledge Tlaib

Constan Kandrevas Santana Townsend

Darany Lane Schmidt, R. Womack

Dillon LeBlanc

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.

Reps. Liss, Roy Schmidt and Bledsoe moved that their names be removed as co‑sponsors of the bill.

The motion prevailed.

House Bill No. 4641, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 2 (MCL 207.772), as amended by 2010 PA 9.

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

Roll Call No. 58 Yeas—100

Ananich Geiss Lindberg Rendon

Barnett Gilbert Lipton Rogers

Bauer Glardon Liss Rutledge

Bledsoe Goike Lori Santana

Bolger Haines Lund Schmidt, R.

Brown Hammel Lyons Schmidt, W.

Brunner Haugh MacGregor Segal

Bumstead Haveman McBroom Shaughnessy

Byrum Heise McCann Shirkey

Callton Hobbs Meadows Slavens

Cavanagh Horn Moss Smiley

Clemente Hovey-Wright Muxlow Somerville

Constan Howze Nathan Stallworth

Cotter Hughes O’Brien Stamas

Crawford Huuki Oakes Stanley

Daley Irwin Olson Stapleton

Damrow Jackson Olumba Switalski

Darany Jenkins Opsommer Talabi

Denby Kandrevas Ouimet Tlaib

Dillon Knollenberg Outman Townsend

Durhal Kowall Pettalia Tyler

Farrington Kurtz Poleski Walsh

Forlini LaFontaine Potvin Womack

Foster Lane Price Yonker

Franz LeBlanc Pscholka Zorn

Nays—8

Agema Hooker Johnson McMillin

Genetski Jacobsen MacMaster Nesbitt

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.

Second Reading of Bills

House Bill No. 5032, entitled

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

The bill was read a second time.

Rep. Kurtz moved to amend the bill as follows:

1. Amend page 1, line 2, after “SERVICES” by striking out “AND THE UNEMPLOYMENT INSURANCE AGENCY”.

The motion prevailed and the amendment 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.

Senate Bill No. 298, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2930a, 4501, and 4503 (MCL 500.2930a, 500.4501, and 500.4503), section 2930a as amended by 2002 PA 492 and sections 4501 and 4503 as added by 1995 PA 276.

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.

House Bill No. 5033, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding sections 10c and 57v.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Families, Children, and Seniors,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Stapleton moved to amend the bill as follows:

1. Amend page 1, line 9, by striking out all of section 57w.

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

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

The motion prevailed.

House Bill No. 5177, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 29, 63, 63a, 69a, and 70 (MCL 791.229, 791.263, 791.263a, 791.269a, and 791.270), section 29 as amended by 2010 PA 248 and sections 63, 63a, 69a, and 70 as amended by 1998 PA 512.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5174, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 20g and 20i (MCL 791.220g and 791.220i), section 20g as amended by 2000 PA 211 and section 20i as added by 2006 PA 351.

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

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

Rep. Bumstead 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. Segal moved to amend the bill as follows:

1. Amend page 6, line 14, after “10%.” by inserting “AT LEAST 30 DAYS BEFORE THE DEPARTMENT ENTERS INTO A CONTRACT WITH A PRIVATE VENDOR UNDER THIS SUBSECTION, THE VENDOR SHALL PROVIDE A LIST IN WRITING TO THE DEPARTMENT OF ALL CAMPAIGN CONTRIBUTIONS MADE BY THE VENDOR TO ANY STATE OR FEDERAL COMMITTEE FOR POLITICAL PURPOSES DURING THE PREVIOUS 2-YEAR PERIOD. THE LIST SHALL INCLUDE THE DATE AND AMOUNT OF EACH CONTRIBUTION AND THE NAME OF THE COMMITTEE RECEIVING THE CONTRIBUTION. THE DEPARTMENT SHALL IMMEDIATELY PROVIDE A COPY OF THE LIST TO EACH MEMBER OF THE SENATE AND HOUSE STANDING COMMITTEES ON APPROPRIATIONS.”.

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

Rep. Slavens moved to amend the bill as follows:

1. Amend page 11, following line 24, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 96th Legislature are enacted into law:

(a) House Bill No. 5177.

(b) House Bill No. 5359.”.

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

Rep. Slavens demanded the yeas and nays.

The demand was supported.

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

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 59 Yeas—46

Ananich Durhal Lindberg Segal

Barnett Geiss Lipton Slavens

Bauer Hammel Liss Smiley

Bledsoe Haugh McCann Stallworth

Brown Hobbs Meadows Stanley

Brunner Hovey-Wright Nathan Stapleton

Byrum Howze Oakes Switalski

Cavanagh Irwin Olumba Talabi

Clemente Jackson Rutledge Tlaib

Constan Kandrevas Santana Townsend

Darany Lane Schmidt, R. Womack

Dillon LeBlanc

Nays—62

Agema Goike Lund Poleski

Bolger Haines Lyons Potvin

Bumstead Haveman MacGregor Price

Callton Heise MacMaster Pscholka

Cotter Hooker McBroom Rendon

Crawford Horn McMillin Rogers

Daley Hughes Moss Schmidt, W.

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon Lori

In The Chair: Walsh

Rep. Byrum moved to amend the bill as follows:

1. Amend page 6, line 21, after “FACILITY.” by inserting “THE DEPARTMENT SHALL NOT CONTRACT WITH A VENDOR WHO HAS A HISTORY OF DOCUMENTED VIOLATIONS RELATED TO SECURITY, EMPLOYMENT CONDITIONS, OR PROTECTION OF THE PUBLIC, OR HAS A HISTORY OF EXCESSIVE COST OVERRUNS.”.

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

Rep. Durhal moved to amend the bill as follows:

1. Amend page 7, line 5, after “INSURANCE” by inserting “IN A TOTAL AMOUNT OF NOT LESS THAN $1,000,000,000.00”.

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

Rep. Byrum moved to amend the bill as follows:

1. Amend page 6, line 21, after “FACILITY.” by inserting “THE DEPARTMENT SHALL ALSO REQUIRE A WRITTEN CERTIFICATION FROM THE PRIVATE VENDOR THAT AT LEAST 10% OF THE DOLLAR VALUE OF ALL SUBCONTRACTS ENTERED INTO BY THE PRIVATE VENDOR WILL BE WITH BUSINESSES INCORPORATED OR DOING BUSINESS IN THIS STATE.”.

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

Rep. Segal moved to amend the bill as follows:

1. Amend page 6, line 21, after “FACILITY.” by inserting “THE DEPARTMENT SHALL ALSO REQUIRE A WRITTEN CERTIFICATION FROM THE PRIVATE VENDOR THAT AT LEAST 15% OF THE DOLLAR VALUE OF ALL SUBCONTRACTS ENTERED INTO BY THE PRIVATE VENDOR WILL BE WITH SMALL BUSINESSES INCORPORATED OR DOING BUSINESS IN THIS STATE. FOR PURPOSES OF THIS SUBSECTION, “SMALL BUSINESSES” MEANS BUSINESS CONCERNS, INCLUDING THE AFFILIATES OF THOSE BUSINESS CONCERNS, THAT ARE INDEPENDENTLY OWNED AND OPERATED AND THAT EMPLOY FEWER THAN 250 FULL-TIME EMPLOYEES OR THAT HAVE GROSS ANNUAL SALES OF LESS THAN $6,000,000.00.”.

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

Rep. Segal demanded the yeas and nays.

The demand was not supported.

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

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

Rep. Lindberg moved to amend the bill as follows:

1. Amend page 7, line 26, after “SENATE.” by inserting “THE REPORT SHALL INCLUDE A STATEMENT OF THE NUMBER OF INCIDENTS AT THE FACILITY THAT MAY HAVE AFFECTED THE HEALTH OR SAFETY OF ANY PRISONER OR EMPLOYEE, INCLUDING ANY CONTRACT EMPLOYEE, THE NUMBER OF INCIDENTS AT THE FACILITY INVOLVING A SECURITY RISK TO THE PUBLIC, THE ANTICIPATED AND ACTUAL SAVINGS ACHIEVED FROM OPERATING THE FACILITY AS A PRIVATE FACILITY, AND THE TOTAL FINANCIAL COMPENSATION, INCLUDING STOCK OPTIONS AND BONUSES AWARDED TO EACH EMPLOYEE, INCLUDING EACH BUSINESS OFFICER, OF THE PRIVATE VENDOR.”.

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

Rep. Lindberg moved to amend the bill as follows:

1. Amend page 6, line 20, after “ORGANIZATION” by striking out the balance of the subsection and inserting a period and “ALL JOBS AT THE FACILITY SHALL FIRST BE OFFERED TO QUALIFIED INDIVIDUALS WHO ARE MICHIGAN CORRECTIONS OFFICERS. IF ANY JOB AT THE FACILITY IS NOT FILLED WITH AN INDIVIDUAL WHO IS A MICHIGAN CORRECTIONS OFFICER, THE DEPARTMENT SHALL MAKE A GOOD FAITH EFFORT TO EMPLOY A MICHIGAN RESIDENT IN THAT JOB.”.

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

Rep. Lindberg moved to amend the bill as follows:

1. Amend page 6, line 14, after “10%.” by inserting “THE DEPARTMENT SHALL RESOLVE ALL ISSUES RELATING TO WORK TO BE PERFORMED BY PRISONERS AT THE PRIVATE FACILITY, INCLUDING THE PAYMENT OF WAGES AND OTHER STATUTORY REQUIREMENTS, BEFORE ENTERING INTO THE CONTRACT WITH THE PRIVATE VENDOR UNDER THIS SUBSECTION.”.

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

Rep. Lindberg demanded the yeas and nays.

The demand was supported.

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

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 60 Yeas—47

Ananich Durhal Lindberg Segal

Barnett Geiss Lipton Slavens

Bauer Hammel Liss Smiley

Bledsoe Haugh McBroom Stallworth

Brown Hobbs McCann Stanley

Brunner Hovey-Wright Meadows Stapleton

Byrum Howze Nathan Switalski

Cavanagh Irwin Oakes Talabi

Clemente Jackson Olumba Tlaib

Constan Kandrevas Rutledge Townsend

Darany Lane Santana Womack

Dillon LeBlanc Schmidt, R.

Nays—61

Agema Goike Lori Poleski

Bolger Haines Lund Potvin

Bumstead Haveman Lyons Price

Callton Heise MacGregor Pscholka

Cotter Hooker MacMaster Rendon

Crawford Horn McMillin Rogers

Daley Hughes Moss Schmidt, W.

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Knollenberg Opsommer Tyler

Franz Kowall Ouimet Walsh

Genetski Kurtz Outman Yonker

Gilbert LaFontaine Pettalia Zorn

Glardon

In The Chair: Walsh

Rep. Irwin moved to amend the bill as follows:

1. Amend page 7, following line 10, by inserting:

(3) A PRIVATE VENDOR OPERATING A CORRECTIONAL FACILITY UNDER CONTRACT WITH THE DEPARTMENT IS CIVILLY LIABLE FOR ALL DAMAGES ARISING OUT OF THE MANAGEMENT AND OPERATION OF THAT FACILITY, INCLUDING ANY SECURITY BREACH, AND IS NOT ELIGIBLE FOR IMMUNITY UNDER 1964 PA 170, MCL 691.1401 TO 691.1419.” and renumbering the remaining subsections.

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

Rep. Lindberg moved to amend the bill as follows:

1. Amend page 7, line 25, after “ISSUES” by striking out “AND TO” and inserting a comma.

2. Amend page 7, line 26, after “SENATE” by striking the period and inserting a comma and “THE COUNTY BOARD OF COMMISSIONERS OF THE COUNTY IN WHICH THE FACILITY IS LOCATED, AND TO THE LEGISLATIVE BODY OF ANY OTHER LOCAL UNIT OF GOVERNMENT IN WHICH THE FACILITY IS LOCATED. THE DEPARTMENT SHALL ALSO MAINTAIN A COPY OF THE REPORT ON THE DEPARTMENT’S OFFICIAL WEBSITE.”.

The question being on the adoption of the amendments offered by Rep. Lindberg,

Rep. Lindberg demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Lindberg,

The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 61 Yeas—108

Agema Genetski LeBlanc Price

Ananich Gilbert Lindberg Pscholka

Barnett Glardon Lipton Rendon

Bauer Goike Liss Rogers

Bledsoe Haines Lori Rutledge

Bolger Hammel Lund Santana

Brown Haugh Lyons Schmidt, R.

Brunner Haveman MacGregor Schmidt, W.

Bumstead Heise MacMaster Segal

Byrum Hobbs McBroom Shaughnessy

Callton Hooker McCann Shirkey

Cavanagh Horn McMillin Slavens

Clemente Hovey-Wright Meadows Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nathan Stamas

Daley Irwin Nesbitt Stanley

Damrow Jackson O’Brien Stapleton

Darany Jacobsen Oakes Switalski

Denby Jenkins Olson Talabi

Dillon Johnson Olumba Tlaib

Durhal Kandrevas Opsommer Townsend

Farrington Knollenberg Ouimet Tyler

Forlini Kowall Outman Walsh

Foster Kurtz Pettalia Womack

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Nays—0

In The Chair: Walsh

Rep. Durhal moved to amend the bill as follows:

1. Amend page 7, line 21, after “REPRESENTATIVE” by inserting a comma and “EACH MEMBER OF THE COUNTY BOARD OF COMMISSIONERS OF THE COUNTY IN WHICH THE FACILITY IS LOCATED, AND EACH MEMBER OF THE LEGISLATIVE BODY OF ANY OTHER LOCAL UNIT OF GOVERNMENT IN WHICH THE FACILITY IS LOCATED”.

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

Rep. Lindberg moved to amend the bill as follows:

1. Amend page 6, line 14, after “10%” by inserting a comma and “INCLUDING COSTS OF ADMINISTRATIVE OVERSIGHT BY THE DEPARTMENT AND MAINTENANCE OF THE FACILITY”.

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

Rep. Byrum moved to amend the bill as follows:

1. Amend page 7, following line 26, by inserting:

(6) A CITIZENS ADVISORY COUNCIL SHALL BE CREATED IN THE COUNTY IN WHICH A CORRECTIONAL FACILITY IS OPERATED BY A PRIVATE VENDOR. THE PURPOSE OF THE ADVISORY COUNCIL SHALL BE TO ADDRESS CITIZEN COMPLAINTS AND LOCAL CONCERNS REGARDING THE FACILITY AND TO RELATE THOSE COMPLAINTS AND CONCERNS TO THE PRIVATE VENDOR AND TO THE DEPARTMENT. THE COUNCIL SHALL CONSIST OF THE FOLLOWING MEMBERS:

(A) THE COUNTY SHERIFF OR HIS OR HER DESIGNATED REPRESENTATIVE.

(B) IF THE FACILITY IS LOCATED IN WHOLE OR IN PART IN A LOCAL UNIT OF GOVERNMENT HAVING AN ORGANIZED POLICE DEPARTMENT, THE POLICE CHIEF OF THAT LOCAL UNIT OF GOVERNMENT OR HIS OR HER DESIGNATED REPRESENTATIVE.

(C) THE FIRE CHIEF OR HIS OR HER DESIGNATED REPRESENTATIVE OF THE DEPARTMENT PROVIDING FIRE PROTECTION SERVICES WITHIN THE LOCAL UNIT OF GOVERNMENT IN WHICH THE CORRECTIONAL FACILITY IS LOCATED.

(D) THREE MEMBERS APPOINTED BY THE GOVERNING BODY OF THE LOCAL UNIT OF GOVERNMENT IN WHICH THE FACILITY IS LOCATED. OF THE MEMBERS APPOINTED UNDER THIS SUBDIVISION, 1 SHALL BE APPOINTED FOR A TERM OF 1 YEAR AND 2 SHALL BE APPOINTED FOR A TERM OF 2 YEARS. EACH SUBSEQUENT APPOINTMENT SHALL BE FOR A TERM OF 2 YEARS.

(E) TWO MEMBERS APPOINTED BY THE SCHOOL DISTRICT IN WHICH THE FACILITY IS LOCATED. OF THE MEMBERS APPOINTED UNDER THIS SUBDIVISION, 1 SHALL BE APPOINTED FOR AN INITIAL TERM OF 1 YEAR AND 1 SHALL BE APPOINTED FOR A TERM OF 2 YEARS. EACH SUBSEQUENT APPOINTMENT SHALL BE FOR A TERM OF 2 YEARS.

(7) MEETINGS OF THE CITIZENS ADVISORY COUNCIL SHALL BE HELD IN COMPLIANCE WITH THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275. A DOCUMENT PREPARED, OWNED, USED, IN THE POSSESSION OF, OR RETAINED BY THE CITIZENS ADVISORY COUNCIL IN THE PERFORMANCE OF AN OFFICIAL FUNCTION IS SUBJECT TO THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246.”.

The motion prevailed and the amendment 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.

______

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 the enrollment printing and presentation to the Governor on Thursday, February 16, for his approval of the following bills:

Enrolled House Bill No. 5071 at 10:30 a.m.

Enrolled House Bill No. 5072 at 10:32 a.m.

Enrolled House Bill No. 5101 at 10:34 a.m.

Enrolled House Bill No. 5102 at 10:36 a.m.

Enrolled House Bill No. 5103 at 10:38 a.m.

Enrolled House Bill No. 5104 at 10:40 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, February 16:

House Bill Nos. 5401 5402 5403 5404

Senate Bill Nos. 968 969 970 971

The Clerk announced that the following Senate bills had been received on Thursday, February 16:

Senate Bill Nos. 602 603 874

Messages from the Senate

Senate Bill No. 602, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 9b.

The Senate has passed the bill.

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

Senate Bill No. 603, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2010 PA 195 and by adding section 3j.

The Senate has passed the bill.

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

Senate Bill No. 874, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 501 (MCL 436.1501), as amended by 2006 PA 547.

The Senate has passed the bill.

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

Introduction of Bills

Rep. Geiss introduced

House Bill No. 5405, entitled

A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 1 (MCL 125.1801), as amended by 2010 PA 245.

The bill was read a first time by its title and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

Rep. Heise introduced

House Bill No. 5406, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8121 (MCL 600.8121), as amended by 2011 PA 300.

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

Reps. Cavanagh, Geiss, Hovey-Wright, Irwin, Dillon, McCann, Hobbs, Townsend, Ananich, Smiley, Stanley, Howze, Rutledge, Stapleton, Talabi, Lipton, Switalski, Byrum, Lindberg, Darany, Santana, Constan, Stallworth, Slavens, Tlaib, Durhal, Brown, Haugh and Bauer introduced

House Bill No. 5407, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 272 (MCL 206.272), as amended by 2011 PA 38.

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

Reps. Haines, Liss, Lori, Crawford, Huuki, Geiss, Hughes, Price, Wayne Schmidt, Foster, Daley, Kowall, Johnson, Yonker, O’Brien, Haveman, Bumstead, Haugh, Knollenberg and Olson introduced

House Bill No. 5408, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 401k.

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

Reps. Talabi, Cavanagh, Rutledge, Irwin, Ananich, Howze, Womack, Tlaib, Durhal, Stapleton, Townsend, Santana, Hovey-Wright, Bauer, Jackson and Oakes introduced

House Bill No. 5409, entitled

A bill to provide for the establishment of the MiHealth marketplace as a nonprofit corporation; to create the board of the MiHealth marketplace and prescribe its powers and duties; to provide for assessments and user fees; and to provide for the powers and duties of certain state and local governmental officers and agencies.

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

Reps. McMillin, Yonker, Agema, Shirkey, Heise, Haveman and Opsommer introduced

House Bill No. 5410, entitled

A bill to prohibit federal regulation of food, food producers, and food production in intrastate commerce; to provide for the powers and duties of certain federal, state, and local governmental officers and entities; to prohibit the enforcement of federal law regulating food, food producers, and food production in intrastate commerce; and to provide for penalties and remedies.

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

Reps. McMillin, Opsommer, Forlini, Franz, Moss, Lund, Heise, Hooker and Lyons introduced

House Bill No. 5411, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 10ff.

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

Reps. Goike, Franz, Potvin, Bumstead, Jenkins, Johnson, Hooker, Yonker, Daley, Pscholka, Walsh, Rogers, Damrow, Somerville, Lyons, McBroom, MacGregor, Horn, Forlini, Agema, Lund, Nesbitt and Lane introduced

House Bill No. 5412, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 28 (MCL 421.28), as amended by 2011 PA 269.

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

Rep. Jackson introduced

House Bill No. 5413, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 23 to chapter XVI.

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

Reps. McMillin, Somerville, MacMaster, Lund, Price, Yonker and Hooker introduced

House Joint Resolution PP, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 4 of article VIII, to require state universities to provide certain information on expenditures to the legislature and the public.

The joint resolution was read a first time by its title and referred to the Committee on Government Operations.

Reps. McMillin, Somerville, McBroom and Yonker introduced

House Joint Resolution QQ, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 3 of article VIII, to require members of the state board of education to be elected from single-member districts.

The joint resolution was read a first time by its title and referred to the Committee on Redistricting and Elections.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 4862, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100b, 206, and 208 (MCL 330.1100b, 330.1206, and 330.1208), section 100b as amended by 2004 PA 499 and sections 206 and 208 as amended by 1995 PA 290; and to repeal acts and parts of acts.

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. Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Muxlow, Yonker, Hughes, Liss, Stallworth and Womack

Nays: Rep. Haines

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 4863, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7408a, 16106a, 16221, and 18214 (MCL 333.7408a, 333.16106a, 333.16221, and 333.18214), section 7408a as amended by 1999 PA 144, section 16106a as added by 1993 PA 80, and section 16221 as amended by 2004 PA 214.

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. Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Muxlow, Yonker, Hughes, Liss and Stallworth

Nays: Rep. Haines

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 702, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16174 (MCL 333.16174), as amended by 2006 PA 398.

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. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Liss, Stallworth, Darany, Segal, Womack and Hovey-Wright

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 787, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21313 (MCL 333.21313), as amended by 2010 PA 381.

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. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Liss, Stallworth, Darany, Segal, Womack and Hovey-Wright

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 788, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 13 (MCL 400.713), as amended by 2010 PA 380.

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. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Liss, Stallworth, Darany, Womack and Hovey-Wright

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 16, 2012

Present: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Huuki, Muxlow, Yonker, Hughes, Liss, Stallworth, Darany, Segal, Womack and Hovey-Wright

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 92, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5501 (MCL 700.5501).

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. Walsh, Heise, Gilbert, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan, Irwin, Cavanagh and Olumba

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 16, 2012

Present: Reps. Walsh, Heise, Gilbert, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Meadows, Constan, Brown, Irwin, Cavanagh and Olumba

Absent: Rep. Oakes

Excused: Rep. Oakes

______

Rep. Switalski moved that the House adjourn.

The motion prevailed, the time being 3:35 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, February 21, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

206 JOURNAL OF THE HOUSE [February 16, 2012] [No. 16

No. 16] [February 16, 2012] JOURNAL OF THE HOUSE 207

208 JOURNAL OF THE HOUSE [February 16, 2012] [No. 16

No. 16] [February 16, 2012] JOURNAL OF THE HOUSE 209

210 JOURNAL OF THE HOUSE [February 16, 2012] [No. 16

No. 16] [February 16, 2012] JOURNAL OF THE HOUSE 211

212 JOURNAL OF THE HOUSE [February 16, 2012] [No. 16

No. 16] [February 16, 2012] JOURNAL OF THE HOUSE 213

214 JOURNAL OF THE HOUSE [February 16, 2012] [No. 16

No. 16] [February 16, 2012] JOURNAL OF THE HOUSE 215

216 JOURNAL OF THE HOUSE [February 16, 2012] [No. 16

No. 16] [February 16, 2012] JOURNAL OF THE HOUSE 217

218 JOURNAL OF THE HOUSE [February 16, 2012] [No. 16