No. 37

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Wednesday, April 24, 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—e/d/s 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. Tim Kelly, from the 94th District, offered the following invocation:

“Heavenly Father, we come to You today asking for Your guidance, wisdom, and support as we begin this legislative session. Help us to engage in meaningful discussion; allow us to grow closer as a group and nurture the bonds of community. Fill us with Your grace, Lord God, as we make decisions that will affect the citizens of the great state of Michigan. Continue to remind us that all that we do here today, is for the greater glory of You, and for the service of humanity. We ask these things in Your name, Amen.”

Motions and Resolutions

Reps. Lori, Brown, Crawford, Darany, Durhal, Geiss, Kelly, Poleski, Slavens and Talabi offered the following resolution:

House Resolution No. 105.

A resolution to declare April 27, 2013, as Save The Frogs Day in the state of Michigan.

Whereas, Our state is blessed with numerous wetlands, streams, lakes and rivers within its boundaries; and

Whereas, Numerous species of amphibians and other animals inhabit these wetland areas; and

Whereas, Amphibians, including the twelve species of frogs indigenous to the state, are among the most threatened animals on the planet. Two hundred of these species having become extinct in the wild since 1979; and

Whereas, Frogs provide invaluable services to humans by being an integral part of the natural food web in nature, eating large quantities of ticks, mosquitoes and other pest species that serve to carry diseases that can transmit fatal illnesses to humans; and

Whereas, As the natural food for many native fish, reptiles, birds and mammals, they provide sustenance to other species that we enjoy; and

Whereas, Frogs face a multitude of threats, including pollution, pesticides, habitat destruction, climate change, invasive species, infectious disease, and over-harvesting for the pet and bait trades and for food; and

Whereas, The citizens of the state deserve to have the pleasure to enjoy the sights and sounds of frogs in their native habitats; and amphibian conservation efforts will not be successful without an educated and informed public; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 27, 2013, as Save The Frogs Day in the state of Michigan. We urge all citizens to observe this occasion.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Howrylak, McMillin, Kesto, Goike, VerHeulen, Forlini, Hooker, Franz, Brown, Cotter, Crawford, Durhal, Geiss, Heise, Hovey-Wright, Kelly, O’Brien, Poleski and Talabi offered the following resolution:

House Resolution No. 106.

A resolution to declare April 24-30, 2013, as Black April Memorial Week in the state of Michigan.

Whereas, April 30, 2013, marks the 38th anniversary of the end of the Vietnam War and the start of the eventual exodus of several million Vietnamese out of Vietnam after South Vietnam’s capital of Saigon fell to the communists on April 30, 1975; and

Whereas, For many Vietnam and Vietnam-era veterans who were directly involved in the war and Vietnamese-Americans who have settled in the United States, the Vietnam War was a tragedy full of great suffering and the loss of American, Vietnamese, and Southeast Asian lives; and

Whereas, 58,253 people were killed and 304,000 were wounded out of the 2.59 million Americans who served in the Vietnam War. One out of every ten Americans who served in Vietnam became a casualty of war; and

Whereas, South Vietnamese armed forces lost 275,000 soldiers, many more wounded along with an unknown number of Vietnamese civilian casualties; and

Whereas, During the American evacuation of Saigon, the first wave of Vietnamese refugees, 135,000 strong, mostly military officers and their families, took temporary shelter through several international refugee camps, and at Camp Pendleton in San Diego, Fort Chaffee in Arkansas, and Indiantown Gap in Pennsylvania; and

Whereas, Starting in 1977, and lasting through the mid-1980s, a second wave of Vietnamese refugees comprised mostly of “boat people” began leaving Vietnam; and

Whereas, Seeing no future under communism, nearly 800,000 boat people risked their lives in small, dangerous boats to travel to resettlement camps in Hong Kong, Malaysia, Indonesia, Thailand, and the Philippines before eventually being resettled in the United States; and

Whereas, The Red Cross estimated that during that time, at least 300,000 Vietnamese died on the high seas while trying to escape communism; and

Whereas, After 1985, a third wave of Vietnamese refugees came to the United States under the Orderly Departure Program; and

Whereas, In 1988, Congress passed the Operation Homecoming Act, a program allowing approximately 80,000 Amerasian children (offspring of GI fathers and Vietnamese mothers) to come to America; and

Whereas, By 1990, the fourth wave of Vietnamese refugees began arriving in the United States under the Humanitarian Operation, and today, more than 1.7 million Vietnamese immigrants reside in the United States; and

Whereas, Studies using census data show that foreign-born Vietnamese entering the United States in the 1980s, 1990s, and 2000’s, have seen an increase in terms of English proficiency, proportion of college graduates, the number of owner-occupied housing, family median income, and naturalization; and

Whereas, Over the years, Vietnamese immigrants have overcome social, economic, and language barriers of unforeseen magnitude to grow and become the most assimilated along civic dimensions of any large group in America; and

Whereas, Through emphasis on intense study, Vietnamese-Americans have reached the pinnacles of American success in a variety of fields, including business and entrepreneurship, science and technology, space travel, medicine, the executive branch of the United States government, politics, the United States military, the United States judicial system, professional sports, and most recently, cultural icon status in cooking, modeling, acting, and comedy; and

Whereas, In order to serve their community and prosper in America, Vietnamese Americans formed well-established and thriving Vietnamese-American commercial districts throughout the United States, including an enclave in southeast Oakland County and in west Michigan; and

Whereas, More than 17,000 Vietnamese now live in Michigan; and

Whereas, As we must teach our children and future generations important lessons from the Vietnam War, including how the plight of the Vietnamese refugees following the end of war serves as a powerful example of the values of freedom and democracy; and

Whereas, Refugees and immigrants from the former Republic of Vietnam who came to the United States and settled as free Vietnamese-Americans are honored and remembered for their sacrifices for freedom and human rights and for their ongoing contributions to our democratic society; and

Whereas, The Vietnamese Heritage and Freedom flag, yellow, with three horizontal red stripes, is the only symbol that can unite most Vietnamese around the world and bring them together under the banner that symbolizes the aspiration for freedom and democracy in their homeland; and

Whereas, Although also united in sorrow as they commemorate April 30, 2013, as Black April, an occasion to reflect on the sacrifices of the past, Vietnamese-American communities throughout Michigan consider Black April a memorial and remembrance of the resilience of the Vietnamese people; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 24-April 30, 2013, as Black April Memorial Week in the state of Michigan. We recognize this as a special time for Michiganians to honor the tragedy of the suffering and countless lives lost during the Vietnam War era, and to pay tribute to those lives lost by affecting human rights and freedom to the people of Vietnam.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Schmidt, Brown, Schor, Lori, MacGregor, Haines, Jacobsen, Genetski, Townsend, Stallworth, Switalski, VerHeulen, Pscholka, McCready, Glardon, Walsh, Rendon, Denby, O’Brien, Kelly, Kandrevas, Rutledge, Smiley, Ananich, Yanez, Driskell, Abed, Barnett, Nathan, Crawford, Darany, Durhal, Geiss, Heise, Hovey-Wright, Poleski, Singh, Slavens and Talabi offered the following resolution:

House Resolution No. 107.

A resolution to declare May 11, 2013, as Train Day in the state of Michigan.

Whereas, America is celebrating “National Train Day” on May 11, 2013. This event is a commemoration of the completion of America’s first transcontinental railroad; and

Whereas, Federal and state transportation departments have made expansion of high-speed and intercity passenger rail a top priority in building 21st-century national infrastructure; and

Whereas, Michigan has benefitted from daily train service on Amtrak’s routes; and

Whereas, Amtrak continues to work with Michigan and other states on the development of the next generation of high-speed and intercity passenger rail trains which will create good jobs in the United States by resurrecting the domestic manufacturing base; and

Whereas, Amtrak ridership grew more than 44 percent between 2000 and 2012 and the railroad carried 31.4 million passengers in 2012, making it the best year in the company’s history; and

Whereas, 874,341 passengers boarded or disembarked Amtrak trains in Michigan in 2012; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 11, 2013 as Train Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Singh, Tlaib, Irwin, Zemke, Dillon, Knezek, Schor, Ananich, Durhal, Geiss, Hovey-Wright, Kelly and Talabi offered the following resolution:

House Resolution No. 108.

A resolution to urge Congress to raise permanently the cap on new H1-B temporary work visas available to immigrant professionals and to eliminate the cap for those holding a master’s degree or higher from U.S. universities.

Whereas, The United States has risen to preeminence in the world by cultivating the talents of its own residents while, at the same time, welcoming the most talented people from around the world. Many of our nation’s leading companies, such as Dow Chemical and Masco, were founded by immigrants. In Michigan, one-third of high-tech businesses over the last decade were started by immigrants; and

Whereas, Our nation remains a leader in developing foreign talent. U.S. universities and colleges educate hundreds of thousands of international students each year. In Michigan, more than 25,000 international students attend Michigan’s higher education institutions, ninth most in the nation. Over 37 percent of individual’s receiving doctorate degrees in science, technology, engineering, and mathematics nationwide are international students; and

Whereas, We are failing as a nation to retain foreigners educated in the United States and to welcome talented professionals from other nations. Under the H1-B temporary work visa program, highly educated scientists, engineers, computer programmers, and other technical experts may immigrate to the United States for employment. However, the federal government severely limits the number of visas available. Only 65,000 new H1-B visas are available each year to individuals with a bachelor’s degree or higher, with an additional 20,000 visas available to individuals with a U.S. master’s degree or higher; and

Whereas, The federal cap on H1-B visas is not meeting the demand of U.S. businesses. The 2013 caps were reached in just over two months. These arbitrary caps are holding back economic growth in Michigan and the rest of the United States. In a highly competitive global environment, the United States cannot afford to turn back the brightest and most talented people. Our nation’s loss will inevitably be another nation’s gain; now, therefore, be it

Resolved by the House of Representatives, That we urge Congress to raise permanently the cap on new H1-B temporary work visas available to immigrant professionals and to eliminate the cap for those holding a master’s degree or higher from U.S. universities; 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 Michigan Competitiveness.

Reps. Tlaib, Zemke, Irwin, Robinson, Knezek, Durhal, Talabi, Stallworth, Rutledge, Ananich, Stanley, LaVoy, Townsend, Roberts, Faris, Cavanagh, Haugh, Nathan, Barnett, Santana, Kandrevas, Singh, Darany, Geiss and Hovey-Wright offered the following resolution:

House Resolution No. 109.

A resolution to memorialize the Congress of the United States to enact legislation to implement fair and just immigration reform.

Whereas, Americans deserve an immigration system that protects all workers and guarantees the safety of our nation without compromising our fundamental civil rights, human rights, or civil liberties. The current patchwork of policies and practices related to immigration are acknowledged by most Americans as ineffective. Inconsistencies and short-sightedness in some areas related to immigration are not serving our nation well; and

Whereas, Our current immigration system far too often separates families of mixed-status, tearing U.S. citizen children from their parents; and

Whereas, In far too many instances, discussions on immigration are obscured by inaccurate information, misconceptions, and fear rather than facts. While this is an admittedly complex issue that influences our entire country, there is much that can be done to improve how our nation addresses the challenges facing immigrants and immigration reform; and

Whereas, Our nation’s immigration policies must be consistent with our core American values of humanely treating all individuals with respect and dignity, regardless of race, ethnicity, nationality, gender, or religion; and

Whereas, Immigrants from lands across the globe have helped build our great nation. Newcomers have contributed to our country by strengthening our cultural and social fabric and adding their energies and ideas to our economy; and

Whereas, In 2010, it was estimated that the roughly 26 million immigrants in the United States who arrived after the age of 18 represented a windfall of around $2.8 trillion to U.S. taxpayers, who get the benefit of their labor without the cost of their upbringing and education; and

Whereas, A Fiscal Policy Institute study looked at the nation’s 25 largest metropolitan areas, including metro Detroit, and found that immigration spurs economic growth; and

Whereas, A 2007 report of the President’s Council of Economic Advisers found that immigrant labor complements the different skills of citizens, increases their productivity, and raises the income of U.S. workers by over $30 billion a year; and

Whereas, A Pew Hispanic Center study in 27 states and the District of Columbia found a positive correlation between the increase in the foreign-born population and the employment of native-born workers between 2000 and 2004; and

Whereas, Immigrants pay more to support our government than they receive back from it. Almost all immigrants pay income taxes even though they cannot benefit from most state and federal programs, and all immigrants pay sales taxes. A 2005 Urban Institute study found undocumented immigrants pay 6 to 7 billion dollars in Social Security taxes that they will never be able to claim. A 1997 study by the National Research Council of the National Academy of Sciences concluded that, on average, immigrants pay $80,000 more in overall taxes than they receive in state, federal, and local benefits over their lifetimes; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation to implement fair and just immigration reform; 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 Michigan Competitiveness.

Reps. Cavanagh, Ananich, Tlaib, Durhal, Talabi, Brown, Cotter, Darany, Geiss, Heise, Hovey-Wright, Howrylak, Kelly, Poleski, Price, Singh, Slavens and Stanley offered the following resolution:

House Resolution No. 110.

A resolution to declare May 2013 as Mental Health Awareness Month in the state of Michigan.

Whereas, An estimated 54 million American suffer from some form of mental disorder in a given year; and

Whereas, A mental illness is a disease that causes mild to severe disturbances in thought and/or behavior, resulting in an inability to cope with life’s ordinary demands and routines; and

Whereas, Mental illness can affect persons of any age, race, religion, or income; and

Whereas, The U.S. Surgeon General reports that 10 percent of children and adolescents in the United States suffer from serious emotional and mental impairments that cause significant functional impairment in their day-to-day lives at home, in school, and with peers; and

Whereas, Approximately 348,000 adults and 112,000 children in Michigan live with serious mental health conditions; and

Whereas, New opportunities have been created through collaborative efforts of family members, professionals, and all levels of government to bring about significant changes in the public perception of young people and adults suffering from mental illness, opening new doors to independent and productive lives; and

Whereas, Mental Health Awareness Month is observed throughout May in the United States. It educates communities about disorders and reducing the stigma that surrounds it. Good mental health is essential to overall health and personal well-being and also contributes to the ability to lead a healthy, balanced and productive life; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 2013 as Mental Health Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Outman, Brown, Darany, Durhal, Geiss, Heise, Howrylak, Kelly, O’Brien, Poleski, Price, Slavens and Talabi offered the following resolution:

House Resolution No. 111.

A resolution to declare April 2013 as Safe Digging Month in the state of Michigan.

Whereas, This April marks the five-year anniversary for both National Safe Digging Month and the 811 campaign, which offers Michigan residents an easy-to-remember, toll-free number to call at least three days before beginning any digging project; and

Whereas, By simply dialing 811, Michigan homeowners and contractors are connected to MISS DIG System, Inc. which notifies appropriate utility owners of their intent to dig; and

Whereas, Calling 811 is the safe way to learn the approximate location of underground utilities that include natural gas, electric, phone, internet, water and sewer. The month of April traditionally marks the beginning of the commercial and residential construction season, when large scale projects like buildings and road work begin, as well as smaller jobs like installing landscaping, decks, fencing and even street mailboxes; and

Whereas, Each year because of these and other excavation projects, Michigan’s utility infrastructure can be unintentionally damaged by those who fail to call 811 at least three working days prior to digging. Undesired consequences such as service interruption, damage to property and the environment, personal injury, and even death can potentially result; and

Whereas, MISS DIG System, Inc,. as well as Consumers Energy, DTE Energy, SEMCO Energy and other Michigan utilities along with the Michigan Public Service Commission, Michigan legislators and the national Common Ground Alliance organization, promote the national call-before-you-dig number, 811, in an effort to reduce these damages; and

Whereas, Excavators and homeowners can save time and money while keeping our state and its residents and workers safe and connected by calling 811 in advance of any excavation project, waiting three working days, respecting the marked lines by maintaining visual definition throughout the course of the excavation, and digging with care around the markings; and

Whereas, All parties agree that safety is a shared responsibility. To know what’s below, call 811 before digging; and

Whereas, Through this partnership with these and other utilities, one call centers, and state and local governments, the 811 campaign is marking its sixth year of nationwide success at sharing safe digging practices; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2013 as Safe Digging Month in the state of Michigan. We encourage excavators and homeowners throughout our great state to always call 811 before digging. Safe digging is no accident.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 78.

A resolution to oppose the International Olympic Committee’s decision to eliminate wrestling from the Summer Olympic Games and to urge its reinstatement.

(For text of resolution, see House Journal No. 30, p. 405.)

(The resolution was reported by the Committee on Regulatory Reform on April 23.)

The question being on the adoption of the resolution,

Rep. Hooker demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the resolution,

The resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 90 Yeas—109

Abed Genetski Lane Roberts

Ananich Glardon Lauwers Robinson

Banks Goike LaVoy Rogers

Barnett Graves Leonard Rutledge

Bolger Greimel Lipton Santana

Brinks Haines Lori Schmidt

Brown Haugh Lund Schor

Brunner Haveman Lyons Segal

Bumstead Heise MacGregor Shirkey

Callton Hobbs MacMaster Singh

Cavanagh Hooker McBroom Slavens

Clemente Hovey-Wright McCann Smiley

Cochran Howrylak McCready Somerville

Cotter Irwin McMillin Stallworth

Crawford Jacobsen Muxlow Stamas

Daley Jenkins Nathan Stanley

Darany Johnson Nesbitt Switalski

Denby Kandrevas O’Brien Talabi

Dianda Kelly Oakes 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

Nays—0

In The Chair: Walsh

______

Rep. Olumba entered the House Chambers.

Third Reading of Bills

House Bill No. 4228, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” 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.

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

Roll Call No. 91 Yeas—58

Bolger Haveman Lyons Potvin

Bumstead Heise MacGregor Price

Callton Hooker MacMaster Pscholka

Cotter Jacobsen McBroom Rendon

Crawford Jenkins McCready Rogers

Daley Johnson McMillin Schmidt

Denby Kelly Muxlow Shirkey

Farrington Kesto Nesbitt Somerville

Forlini Kowall O’Brien Stamas

Foster Kurtz Olumba VerHeulen

Franz LaFontaine Outman Victory

Glardon Lauwers Pagel Walsh

Goike Leonard Pettalia Yonker

Graves Lori Poleski Zorn

Haines Lund

Nays—52

Abed Driskell Knezek Schor

Ananich Durhal Kosowski Segal

Banks Faris Lamonte Singh

Barnett Geiss Lane Slavens

Brinks Genetski LaVoy Smiley

Brown Greimel Lipton Stallworth

Brunner Haugh McCann Stanley

Cavanagh Hobbs Nathan Switalski

Clemente Hovey-Wright Oakes Talabi

Cochran Howrylak Roberts Tlaib

Darany Irwin Robinson Townsend

Dianda Kandrevas Rutledge Yanez

Dillon Kivela Santana 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 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 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. Geiss, 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:

We often hear the call to fund early childhood education, but unfortunately in this budget, we do not see the results. As an effect of legislation passed last term, where the birthday cutoff date for kindergarten has been moved to September 1st from December 1st, we will see fewer children entering our schools this year. When fully implemented, the result will be a $150 million reduction is funding for young children going to school. This budget shifts this $150 million to early childhood education, while proponents argue this is an increase. This is not true. The net result is flat funding for our youngest children, not additional dollars and access to education.

For this reason alone, amongst others, I cannot support this budget.”

Rep. Dillon, 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:

My floor statement in opposition to another woefully inadequate Republican education budget.

Thank you Mr. Speaker.

I rise today in opposition to HB 4228. As a member of the School Aid subcommittee I will direct my comments specifically to the K-12 funding component of the bill.

I want to first thank Chairmen Rogers for his leadership on the Committee.

While we may not agree on all the specifics of school funding, he has been willing to listen and consider ideas that have been brought forward by meand Rep. Brown.

I also want to thank the Chair of Appropriations, Rep. Haveman.

Again, I know he has a difficult job and I commend him for the extremely professional and thoughtful manner in which he has worked during this budget cycle.

I also know that both of the gentlemen are not the only ones that determine our budgets and that they must operate within the parameters set forth by the Governor and previous decisions of the Legislature.

But we should be very clear that those parameters have not been shaped by unforeseen forces beyond our control - they have been determined by clear and conscious choices that this Governor and this Legislature have made since assuming power in 2011.

Most significant of these choices was the decision to divert approximately $2 billion dollars from our schools in the last two years to help finance a $1.8 billion tax cut for corporations.

That’s $2 billion dollars that could have been used to reduce class sizes, hire more teachers, invest in technology and keep school buildings open.

But instead of keeping faith with the public’s desire to see state dollars prioritized for education, my colleagues and the Governor have chosen to use school aid fund dollars as a venture capital slush fund to help corporations and CEO’s instead of the students in our communities.

Now I will say that the budget we are considering today is not as bad as the last two we have passed.

But let’s be honest the bar is pretty low.

And the fact that we essentially have a flat budget after two years of devastating cuts is not a time for celebration nor an opportunity for us to pat ourselves on the back.

Because, lets face it, while this budget does provide some relief for school districts on the expense side, it also cuts revenue that goes directly into the classroom.

Plain and simple, this budget is not an INVESTMENT budget.

An investment budget would do more than just maintain the funding decay that our schools have experienced in the last two years.

And an investment budget would not raid another $400 million from K-12 schools to help fill the $1.8 billion tax cut hole.

So Mr. Speaker, while I am obviously more appreciative of a budget that holds steady as opposed to one that continues to make deep cuts, I have to tell you that where I come from there is a huge disconnect with what we are talking about here in Lansing and what my constituents are saying.

When I talk to parents and educators, they don’t ask me what percentage of MPSERS payments their district or the state is paying, or about the intricate details of the appropriations process.

But they do want to know why their child’s education seems less important than a corporate tax cut.

They do want to know why we continue to steal $400 million dollars in school funding intended for their child’s education.

They do want to know why, at election time, some legislators sat that their number 1 priority is education funding and then turn around and diminish the quality of public education when in office.

And they also want to know why when the Governors top staff and others meet in secret to discuss education issues that instead of working hard to increase education funding, they are scheming to slash the foundation allowance by $2000 per pupil.

So, Mr. Speaker I will be voting no on this education budget

And I urge all of my colleagues to do the same until we can come up with some good answer to these fundamental questions.

Maybe then we will start treating our school age children as well as we do the CEO’s and other corporate special interests that have been given all the real attention and investment from this Governor and this Legislature.

Thank you.”

Rep. Townsend, 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 rise in opposition to both the omnibus school funding bill and the omnibus general budget appropriation bill because these proposals fly in the face of Michigan’s core values of Opportunity, Accountability and Fairness. These are the ideals that made our state great, that built the middle class and these values are being sacrificed in these budget proposals.

Mr. Speaker, by failing to restore the massive cuts made to public education during the last two years, this budget conveys a message to our children that their hard work should not be rewarded with opportunity; the opportunity to go to a great school with the support needed to prepare them for their futures.

By combining all of our state’s spending in just two bills, the majority is ducking accountability by making it harder for the people, and their representatives in Lansing, to scrutinize this budget.

Finally, Mr. Speaker, this budget is anything but fair because this document once again asks our children, our college students, our stuggling families and crumbling communities to continue to sacrifice just to protect a $2 billion tax give-away to corporations.

I’m voting against these bills for many reasons but chief among them is their failure to expand Medicaid and in so doing to deny over 400,000 Michiganders access to affordable health care. Taking this step would actually save the State of Michigan $200 million because we would be able to draw down federal dollars to expand access to affordable care and reduce the cost that each one of us pays in higher insurance premiums due to uncompansated care. That’s unconscionable.

Mr. Speaker, Republicans say that their tax give-aways are turning our state around but the truth is that our unemployment rate remains stuck well above 8% and is significantly higher than the national unemployment rate. This is our third go-around with budgets from Governor Snyder and the legislative Republicans and two things are clear: it isn’t working for the great majority of Michiganders and it’s out of step with Michigan values of opportunity, accountability and fairness. I urge my colleagues to vote no.”

Reps. Greimel, Lamonte and Slavens, having reserved the right to explain their protest against the passage of the bill, 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. Tlaib, 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 budget proposal goes way too far and hurts core services for our veterans, seniors, children and families that need us to help ensure that we protect them from the harms that this budget will cause.

The budget threatens the values of our state. It does not invest in education or give our middle class families the tax relief they desperately need. It also does not create opportunities for real job creation. The past two budgets that shifted the tax burden on our families didn’t work. It hasn’t made our kids classrooms smaller or helped our children succeed. The tax shift didn’t help our families thrive. It didn’t decrease unemployment. The shift didn’t help real small businesses where we know the names of the owners who bring economic development to our local neighborhoods and always hire Michigan residents.

In so many ways, a budget expresses the values of our state and this budget lacks the value of fairness, opportunity and rewarding hard work by not investing in education, tax relief for hard working Americans and making sure that every Michigander has every chance to succeed.

It is wrong to deny hard working Americans access to health coverage by not supporting accessibility to Medicaid. When the budget for community health surpasses all other state budgets, it tells you that our families are sicker and in need of prevention programs and health services. We need to take the politics out of this budget. If we did, there would be no question about the importance of helping close to a half of a million families across this state gain access to health care. This does not account for the savings it will give our state to adequately provide mental health services to our veterans, children and quality care of our seniors, preventative care for those at risk of heart disease and cancer. Imagine the children who will see their parents & grandparents live longer and prosper because for the first time in their lives they didn’t have to put their health last because of no access.

The best interest of Michigan families must come first.

Another area where we don’t invest is with our children. I am greatly disappointed as a mother, a Michigan resident, and a woman to see this budget oppose the Governor’s recommendation to reduce infant mortality through increases to education and services for our new moms. I heard over and over again in this chamber the passionate plea to deny access for women to make pregnancy choices, but this budget completely contradicts your views. The children living now who are in jeopardy of not reaching their first birthday are not a priority in this budget. We have a duty to reduce the number of infant deaths in our state. It is a disgrace that we seem more worried about where we are in the rankings in business magazines but don’t care that in parenting guides we rank 37th in the nation in deaths of babies, deaths that could have been prevented.

Another group of children who require us by law and now by a legal settlement agreement, are our children who are victims for sex crimes, physical abuse and part of the most horrendous acts that some of us could not survive. We made a promise in this settlement that no child who is a victim of abuse and negligence would suffer because we didn’t appropriate enough resources. The closure of the only three public facilities left in our state is irresponsible.

To eliminate over 600 frontline workers, the majority being child welfare workers, who protect the children in our state will take our state back to court. A few months ago, 8 year old Tamara Greene of Detroit was stabbed to death by her mother in front of four other siblings. Tamara had an active case with DHS. This tragedy could have been prevented. We need enough child welfare workers to investigate the thousands of abuse and negligent complaints that come in from teachers, police, doctors, and neighbors. We can’t allow one child under our care to die or be hurt. Again, this will lead us back into the courts because we are far from compliance with the settlement.

We can’t afford to eliminate the core services of our poorest and most vulnerable families by cutting our frontline workers that help prevent home foreclosures, utility shut-offs, help bury loved ones when a family can’t afford it, obtain access to health care for children and seniors. Poverty has increased in our state and that is a true measurement. I see people in this budget, not numbers and spreadsheets. When no child goes to bed hungry is when we have done enough.

To not fund the Great Start readiness program that helps our youngest children across the state to prepare for school so they can flourish is unconscionable especially after the amendments offered by my colleagues yesterday. The same House members who refuse to support our children decided the following was a priority.

My colleague from district 23 steered more than $150 million for roads. Potholes were more important than the holes in our education system. When the Michigan dashboard states that close to half our children are not reading at basic levels, the funds should have been steered towards our children, classrooms where the return on investment is irreplaceable. Children should always come before roads.

Another amendment that was ironically more successful than any of our education amendments was a $1.5 million shift from our state’s special maintenance fund to a Delta County bridge. I think we need to value our children’s future a bit more.

The priorities displayed in this budget take our state in the wrong direction. We need to get it right by putting our babies first, our children deserve it. This budget does not value the importance of creating a safety net for our seniors and families. Our families deserve fair opportunities for a better life in Michigan. Our priorities must make sure that we have adequate fire and police services and even more important, make sure that our men and women who served us well get the best veteran services we can fund. The direction of this budget creates future liabilities that we won’t be able to afford, so it is critical that we all work together to get the state budget right and working for all of Michigan not just a few.

Therefore, I oppose both House Bill 4328 and 4228.”

House Bill No. 4328, entitled

A bill to make appropriations for various state departments and agencies; the judicial branch, and the legislative branch for the fiscal years ending September 30, 2014; to provide anticipated appropriations for the fiscal year ending September 30, 2015; to provide a nonbinding schedule of programs; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Lori moved to amend the bill as follows:

1. Amend page 103, line 2, by striking out all of section 1866 and inserting:

“Sec. 1866. (1) From the funds appropriated in part 1 for hospital services and therapy, the department shall make payments totaling $36,000,000.00 to rural hospitals and sole community hospitals. The priority for these payments to rural and sole community hospitals is to reimburse the hospitals for outpatient services at cost, for inpatient services at cost, for hospital-employed physician services at cost, and for assistance with labor and delivery services, based on the proportion of Medicaid deliveries at each rural and sole community hospital.

(2) To allow hospitals to understand their rural payment amounts under this section, the department shall provide hospitals with the methodology for distribution under this section and provide each hospital with its applicable data that is used to determine the payment amounts by August 1 of the current fiscal year. The department shall publish the distribution of payments for the current fiscal year and the immediately preceding fiscal year.

(3) The department shall not distribute to a hospital under this section an amount that is greater than 5% of the total amount distributed to all hospitals under this section.

(4) As used in this section:

(a) “Rural hospital” includes a hospital that has fewer than 50 staffed beds and is located outside a metropolitan statistical area or is located inside a metropolitan statistical area but within a city, village, or township with a population of not more than 12,000 according to the official 2000 decennial census and within a county with a population of not more than 165,000 according to the official 2000 federal decennial census.

(b) “Sole community hospital” means a hospital that has been designated by Medicare as a sole community hospital.”.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 92 Yeas—59

Bolger Haines Lund Potvin

Bumstead Haveman Lyons Price

Callton Heise MacGregor Pscholka

Cotter Howrylak MacMaster Rendon

Crawford Jacobsen McBroom Rogers

Daley Jenkins McCready Schmidt

Denby Johnson McMillin Shirkey

Farrington Kelly Muxlow Somerville

Forlini Kesto Nesbitt Stamas

Foster Kowall O’Brien VerHeulen

Franz Kurtz Olumba Victory

Genetski LaFontaine Outman Walsh

Glardon Lauwers Pagel Yonker

Goike Leonard Pettalia Zorn

Graves Lori Poleski

Nays—51

Abed Driskell Kosowski Segal

Ananich Durhal Lamonte Singh

Banks Faris Lane Slavens

Barnett Geiss LaVoy Smiley

Brinks Greimel Lipton Stallworth

Brown Haugh McCann Stanley

Brunner Hobbs Nathan Switalski

Cavanagh Hooker Oakes Talabi

Clemente Hovey-Wright Roberts Tlaib

Cochran Irwin Robinson Townsend

Darany Kandrevas Rutledge Yanez

Dianda Kivela Santana Zemke

Dillon Knezek Schor

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 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 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. Townsend, 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 rise in opposition to both the omnibus school funding bill and the omnibus general budget appropriation bill because these proposals fly in the face of Michigan’s core values of Opportunity, Accountability and Fairness. These are the ideals that made our state great, that built the middle class and these values are being sacrificed in these budget proposals.

Mr. Speaker, by failing to restore the massive cuts made to public education during the last two years, this budget conveys a message to our children that their hard work should not be rewarded with opportunity; the opportunity to go to a great school with the support needed to prepare them for their futures.

By combining all of our state’s spending in just two bills, the majority is ducking accountability by making it harder for the people, and their representatives in Lansing, to scrutinize this budget.

Finally, Mr. Speaker, this budget is anything but fair because this document once again asks our children, our college students, our stuggling families and crumbling communities to continue to sacrifice just to protect a $2 billion tax give-away to corporations.

I’m voting against these bills for many reasons but chief among them is their failure to expand Medicaid and in so doing to deny over 400,000 Michiganders access to affordable health care. Taking this step would actually save the State of Michigan $200 million because we would be able to draw down federal dollars to expand access to affordable care and reduce the cost that each one of us pays in higher insurance premiums due to uncompansated care. That’s unconscionable.

Mr. Speaker, Republicans say that their tax give-aways are turning our state around but the truth is that our unemployment rate remains stuck well above 8% and is significantly higher than the national unemployment rate. This is our third go-around with budgets from Governor Snyder and the legislative Republicans and two things are clear: it isn’t working for the great majority of Michiganders and it’s out of step with Michigan values of opportunity, accountability and fairness. I urge my colleagues to vote no.”

Reps. Greimel, Lamonte and Slavens, having reserved the right to explain their protest against the passage of the bill, 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 does not accept federal dollars to help fund Medicaid, because it fails to adequately cut corporate welfare, and because it fails to adequately invest in public safety.”

Rep. Tlaib, 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 budget proposal goes way too far and hurts core services for our veterans, seniors, children and families that need us to help ensure that we protect them from the harms that this budget will cause.

The budget threatens the values of our state. It does not invest in education or give our middle class families the tax relief they desperately need. It also does not create opportunities for real job creation. The past two budgets that shifted the tax burden on our families didn’t work. It hasn’t made our kids classrooms smaller or helped our children succeed. The tax shift didn’t help our families thrive. It didn’t decrease unemployment. The shift didn’t help real small businesses where we know the names of the owners who bring economic development to our local neighborhoods and always hire Michigan residents.

In so many ways, a budget expresses the values of our state and this budget lacks the value of fairness, opportunity and rewarding hard work by not investing in education, tax relief for hard working Americans and making sure that every Michigander has every chance to succeed.

It is wrong to deny hard working Americans access to health coverage by not supporting accessibility to Medicaid. When the budget for community health surpasses all other state budgets, it tells you that our families are sicker and in need of prevention programs and health services. We need to take the politics out of this budget. If we did, there would be no question about the importance of helping close to a half of a million families across this state gain access to health care. This does not account for the savings it will give our state to adequately provide mental health services to our veterans, children and quality care of our seniors, preventative care for those at risk of heart disease and cancer. Imagine the children who will see their parents & grandparents live longer and prosper because for the first time in their lives they didn’t have to put their health last because of no access.

The best interest of Michigan families must come first.

Another area where we don’t invest is with our children. I am greatly disappointed as a mother, a Michigan resident, and a woman to see this budget oppose the Governor’s recommendation to reduce infant mortality through increases to education and services for our new moms. I heard over and over again in this chamber the passionate plea to deny access for women to make pregnancy choices, but this budget completely contradicts your views. The children living now who are in jeopardy of not reaching their first birthday are not a priority in this budget. We have a duty to reduce the number of infant deaths in our state. It is a disgrace that we seem more worried about where we are in the rankings in business magazines but don’t care that in parenting guides we rank 37th in the nation in deaths of babies, deaths that could have been prevented.

Another group of children who require us by law and now by a legal settlement agreement, are our children who are victims for sex crimes, physical abuse and part of the most horrendous acts that some of us could not survive. We made a promise in this settlement that no child who is a victim of abuse and negligence would suffer because we didn’t appropriate enough resources. The closure of the only three public facilities left in our state is irresponsible.

To eliminate over 600 frontline workers, the majority being child welfare workers, who protect the children in our state will take our state back to court. A few months ago, 8 year old Tamara Greene of Detroit was stabbed to death by her mother in front of four other siblings. Tamara had an active case with DHS. This tragedy could have been prevented. We need enough child welfare workers to investigate the thousands of abuse and negligent complaints that come in from teachers, police, doctors, and neighbors. We can’t allow one child under our care to die or be hurt. Again, this will lead us back into the courts because we are far from compliance with the settlement.

We can’t afford to eliminate the core services of our poorest and most vulnerable families by cutting our frontline workers that help prevent home foreclosures, utility shut-offs, help bury loved ones when a family can’t afford it, obtain access to health care for children and seniors. Poverty has increased in our state and that is a true measurement. I see people in this budget, not numbers and spreadsheets. When no child goes to bed hungry is when we have done enough.

To not fund the Great Start readiness program that helps our youngest children across the state to prepare for school so they can flourish is unconscionable especially after the amendments offered by my colleagues yesterday. The same House members who refuse to support our children decided the following was a priority:

My colleague from district 23 steered more than $150 million for roads. Potholes were more important than the holes in our education system. When the Michigan dashboard states that close to half our children are not reading at basic levels, the funds should have been steered towards our children, classrooms where the return on investment is irreplaceable. Children should always come before roads, Mr. Speaker.

Another amendment that was ironically more successful than any of our education amendments was a $1.5 million shift from our state’s special maintenance fund to a Delta County bridge. I think we need to value our children’s future a bit more.

The priorities displayed in this budget take our state in the wrong direction. We need to get it right by putting our babies first, our children deserve it. This budget does not value the importance of creating a safety net for our seniors and families. Our families deserve fair opportunities for a better life in Michigan. Our priorities must make sure that we have adequate fire and police services and even more important, make sure that our men and women who served us well get the best veteran services we can fund. The direction of this budget creates future liabilities that we won’t be able to afford, so it is critical that we all work together to get the state budget right and working for all of Michigan not just a few.

Therefore, I oppose both House Bill 4328 and 4228.”

House Bill No. 4471, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 101 (MCL 388.1701), as amended by 2012 PA 516.

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

Roll Call No. 93 Yeas—109

Abed Genetski Lane Rendon

Ananich Glardon Lauwers Roberts

Banks Goike LaVoy Robinson

Barnett Graves Leonard Rogers

Bolger Greimel Lipton Rutledge

Brinks Haines Lori Santana

Brown Haugh Lund Schmidt

Brunner Haveman Lyons Schor

Bumstead Heise MacGregor Segal

Callton Hobbs MacMaster Shirkey

Cavanagh Hooker McBroom Singh

Clemente Hovey-Wright McCann Slavens

Cochran Howrylak McCready Smiley

Cotter Irwin McMillin Somerville

Crawford Jacobsen Muxlow Stallworth

Daley Jenkins Nathan Stamas

Darany Johnson Nesbitt Stanley

Denby Kandrevas O’Brien Switalski

Dianda Kelly Oakes Talabi

Dillon Kesto Olumba Tlaib

Driskell Kivela Outman Townsend

Durhal Knezek Pagel VerHeulen

Faris Kosowski Pettalia Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zorn

Geiss

Nays—1

Zemke

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

Senate Bill No. 178, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2212c.

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. 179, 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 402d.

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. 4393, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 312, 386, 641, and 646a (MCL 168.312, 168.386, 168.641, and 168.646a), sections 312 and 646a as amended by 2006 PA 647, section 386 as added by 2012 PA 586, and section 641 as amended by 2005 PA 71.

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

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

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

The motion prevailed.

House Bill No. 4395, entitled

A bill to amend 1994 PA 425, entitled “An act to provide for the creation of community swimming pool authorities; to provide powers and duties of the authorities; to provide for the levy of a tax by the authorities; and to provide for the collection and distribution of the tax,” by amending section 13 (MCL 123.1073).

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

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

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

The motion prevailed.

House Bill No. 4396, entitled

A bill to amend 1948 (1st Ex Sess) PA 31, entitled “An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, transit-oriented developments, transit-oriented facilities, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district’s boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district’s boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district’s boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies,” by amending section 8b (MCL 123.958b), as amended by 1995 PA 147.

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

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

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

The motion prevailed.

House Bill No. 4397, entitled

A bill to amend 1989 PA 292, entitled “Metropolitan councils act,” by amending section 27 (MCL 124.677), as amended by 2003 PA 301.

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

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

Rep. VerHeulen 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, April 24:

House Bill Nos. 4600 4601 4602 4603 4604 4605 4606 4607 4608 4609 4610 4611 4612

Senate Bill Nos. 326 327

Senate Joint Resolution T

The Clerk announced that the following Senate bills had been received on Wednesday, April 24:

Senate Bill Nos. 185 187 188 195 201

Reports of Standing Committees

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

House Bill No. 4182, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 275 and 675.

With the recommendation that the bill be referred to the Committee on Michigan Competitiveness.

Favorable Roll Call

To Report Out:

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

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Michigan Competitiveness.

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

House Bill No. 4291, 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 21 (MCL 205.21), as amended by 2006 PA 11.

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. Farrington, O’Brien, Genetski, Cotter, Foster, 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, April 24, 2013

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

Absent: Reps. Lyons and Haugh

Excused: Reps. Lyons and Haugh

The Committee on Military and Veterans Affairs, by Rep. Stamas, Chair, reported

House Bill No. 4297, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 74101, 74116, and 78119 (MCL 324.74101, 324.74116, and 324.78119), sections 74101 and 74116 as amended by 2010 PA 33 and section 78119 as added by 2010 PA 34.

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. Stamas, Franz, Haines, Kurtz, Hooker, Zorn, Graves, Santana, Darany, Slavens, Banks, Yanez and Kosowski

Nays: None

The Committee on Military and Veterans Affairs, by Rep. Stamas, Chair, reported

House Bill No. 4439, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 805 (MCL 257.805), as added by 2010 PA 35.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Stamas, Franz, Haines, Kurtz, Hooker, Zorn, Graves, Santana, Darany, Slavens, Banks, Yanez and Kosowski

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stamas, Chair, of the Committee on Military and Veterans Affairs, was received and read:

Meeting held on: Wednesday, April 24, 2013

Present: Reps. Stamas, Franz, Haines, Kurtz, Hooker, Zorn, Graves, Santana, Darany, Slavens, Banks, Yanez and Kosowski

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

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.

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. Kurtz, Hooker, Denby, Outman, Kesto and Victory

Nays: Reps. Hovey-Wright, Slavens and Kosowski

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, April 24, 2013

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 24, 2013

Present: Reps. Daley, Denby, Kurtz, Glardon, Johnson, McBroom, Outman, Rendon, Victory, Lauwers, Pagel, Brunner, Smiley, Hovey-Wright and LaVoy

Absent: Reps. Ananich and Geiss

Excused: Reps. Ananich and Geiss

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 24, 2013

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

Absent: Rep. Oakes

Excused: Rep. Oakes

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 24, 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. Heise, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Wednesday, April 24, 2013

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

Absent: Rep. Oakes

Excused: Rep. Oakes

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, April 24, 2013

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

Absent: Rep. Leonard

Excused: Rep. Leonard

Messages from the Senate

House Bill No. 4093, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625, 625a, 625g, and 625m (MCL 257.625, 257.625a, 257.625g, and 257.625m), section 625 as amended by 2012 PA 543, sections 625a and 625g as amended by 2003 PA 61, and section 625m as amended by 2008 PA 463.

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. 4131, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 33 and 48 of chapter XVII (MCL 777.33 and 777.48), as amended by 2003 PA 134.

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. 4054, entitled

A bill to amend 1991 PA 46, entitled “Eligible domestic relations order act,” by amending sections 2 and 10 (MCL 38.1702 and 38.1710), section 2 as amended by 2008 PA 348.

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.

Senate Bill No. 185, entitled

A bill to make appropriations for the department of state police 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. 187, entitled

A bill to make appropriations for the department of military and veterans affairs 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. 188, entitled

A bill to make appropriations for the department of natural resources 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. 195, entitled

A bill to make appropriations for the department of environmental quality 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. 201, entitled

A bill to make appropriations for the department of agriculture and rural development 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.

Messages from the Governor

Date: April 23, 2013

Time: 3:22 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4052 (Public Act No. 16, I.E.), being

An act to amend 1950 (Ex Sess) PA 27, entitled “An act defining and regulating certain installment sales of motor vehicles; prescribing the conditions under which such sales may be made and regulating the financing thereof; regulating and licensing persons engaged in the business of making or financing such sales; prescribing the form, contents and effect of instruments used in connection with such sales and the financing thereof; prescribing certain rights and obligations of buyers, sellers, persons financing such sales and others; limiting charges in connection with such instruments and fixing maximum interest rates for delinquencies, extensions and loans; regulating insurance in connection with such sales; regulating repossessions, redemptions, resales and deficiency judgments and the rights of parties with respect thereto; authorizing extensions, loans and forbearances related to such sales; authorizing investigations and examinations of persons engaged in the business of making or financing such sales; transferring certain powers and duties with respect to finance companies to the commissioner of the financial institutions bureau; and prescribing penalties,” by amending section 2 (MCL 492.102), as amended by 1995 PA 166.

(Filed with the Secretary of State April 23, 2013, at 4:23 p.m.)

Date: April 23, 2013

Time: 3:24 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4053 (Public Act No. 17, I.E.), being

An act to amend 1966 PA 224, entitled “An act to regulate retail installment sales transactions, agreements, charges and disclosures; and to provide for the enforcement thereof and penalties for violations,” by amending section 2 (MCL 445.852), as amended by 1995 PA 167.

(Filed with the Secretary of State April 23, 2013, at 4:25 p.m.)

Date: April 23, 2013

Time: 3:20 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4045 (Public Act No. 18, I.E.), being

An act to amend 1956 PA 217, entitled “An act to safeguard persons and property; to provide for licensing and regulation of electricians and electrical contractors concerning the construction, alteration, installation of electrical wiring and equipment and for the inspection of electrical wiring; to create an electrical administrative board; to create certain committees for certain purposes; to provide certain powers and duties for certain departments; to provide for the assessment of certain fees and for the promulgation of rules; and to prescribe penalties for violations of this act,” by amending section 3h (MCL 338.883h), as added by 1992 PA 130.

(Filed with the Secretary of State April 23, 2013, at 4:27 p.m.)

Date: April 23, 2013

Time: 3:30 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4123 (Public Act No. 19, I.E.), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding section 2977.

(Filed with the Secretary of State April 23, 2013, at 4:29 p.m.)

Communications from State Officers

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

April 22, 2013

Please find attached one copy of the Personal Property Audit Annual Report for the period January 1, 2012 through December 31, 2012. The report is required by Public Act 63 of 2011, the General Government Appropriations Act. Article VIII, Section 927 of the Act provides, in part, as follows:

Sec. 927. The department of treasury shall submit annual progress reports to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies, regarding personal property tax audits. The report shall include the number of audits, revenue generated, and number of complaints received by the department related to the audits.

If you have any questions regarding this report, you may contact David A. Buick, Administrator, Assessment and Certification Division at (517) 373-3305.

David A. Buick, Administrator

Assessment and Certification Division

Bureau of Local Government Services

The communication was referred to the Clerk.

The following communication from the Civil Service Commission was received and read:

April 24, 2013

Enclosed is the Fiscal Analysis Report for the Civil Service Commission for fiscal year 2012.

This report is provided in accordance with Article XI, Section 5 of the Constitution of the State of Michigan.

Sincerely,

Janet McClelland

Acting State Personnel Director

The communication was referred to the Clerk.

Introduction of Bills

Rep. O’Brien introduced

House Bill No. 4613, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2918 (MCL 600.2918).

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

Rep. Shirkey introduced

House Bill No. 4614, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 102, 1201, 1238, and 1242 (MCL 500.102, 500.1201, 500.1238, and 500.1242), section 102 as amended by 2000 PA 252, 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.

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

Rep. Walsh introduced

House Bill No. 4615, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 705 (MCL 380.705), as amended by 2003 PA 299.

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

Reps. Tlaib, Nathan, Santana, Robinson, Irwin, Hovey-Wright, Kandrevas, Knezek, Singh, Schor, Cavanagh and Ananich introduced

House Bill No. 4616, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2012 PA 55.

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

Reps. Tlaib, Santana, Irwin, Dillon, Hovey-Wright, Kandrevas, Knezek, Singh, Robinson, Lipton, Darany, Schor and Ananich introduced

House Bill No. 4617, entitled

A bill to establish the office of immigrant integration; to prescribe the powers and duties of the office and of certain state and local departments and agencies; and to establish a fund.

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

Reps. Irwin, Tlaib, Zemke, Rutledge, Dillon, Singh, Schor and Ananich introduced

House Bill No. 4618, 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 265b.

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

Reps. Singh, Tlaib, Irwin, Zemke, Dillon, Knezek, Schor and Ananich introduced

House Bill No. 4619, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2012 PA 55.

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

Reps. Zemke, Irwin, Dillon, Singh, Tlaib, Schor, Knezek and Ananich introduced

House Bill No. 4620, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 1 (MCL 28.291), as amended by 2012 PA 25.

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

Reps. Dillon, Tlaib, Irwin, Zemke, Singh, Schor, Hovey-Wright, Santana, Robinson, Stallworth, Lipton, Rutledge and Ananich introduced

House Bill No. 4621, entitled

A bill to create a commission to study the impact of 2008 PA 7, 2008 PA 31, 2011 PA 158, and 2011 PA 159; to provide for certain powers and duties for state agencies; and to provide for the issuance of certain reports and recommendations.

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

Reps. Pscholka, Rendon and Johnson introduced

House Bill No. 4622, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending section 197 (MCL 280.197).

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

Reps. Irwin, Callton, Robinson, Cavanagh, Shirkey, Switalski and Hovey-Wright introduced

House Bill No. 4623, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2012 PA 183.

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

Reps. Haveman, Pscholka, Kelly, Victory, Heise, Price, Bumstead, Outman, Hooker, Genetski, McMillin, Kowall, Rendon, Shirkey, Daley, Yonker, Muxlow, Howrylak, Foster, Nesbitt, Haines, Graves and Potvin introduced

House Bill No. 4624, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” (MCL 423.201 to 423.217) by adding section 15a.

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

Reps. Lund, Lyons, Kelly, Crawford, Rogers, Schmidt, Yonker, Walsh, Genetski, Victory, Poleski and Foster introduced

House Bill No. 4625, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1250 (MCL 380.1250), as amended by 2009 PA 205.

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

Announcements by the Clerk

April 23, 2013

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

Financial audit of the State of Michigan 457 Plan, for the fiscal years ended September 30, 2012 and September 30, 2011.

Gary L. Randall

Clerk of the House

The Clerk received the following dissent on House Bill No. 4228, 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. 4328, 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. 4471, 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. Once again, on HB 4471, immediate effect was ordered without a bona fide vote. 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.

______

Rep. Nesbitt moved that the House adjourn.

The motion prevailed, the time being 3:40 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, April 25, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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