No. 46

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Thursday, May 19, 2011.

12:00 Noon.

The House was called to order by the Speaker Pro Tempore.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genetski—present Lindberg—present

e/d/s = entered during session

Rep. Marilyn Lane, from the 31st District, offered the following invocation:

“Dear God and Heavenly Father, Creator of Heaven and Earth, we ask for Your divine blessing upon us as we seek to accomplish Your will.

Lord, we are thankful for Your guiding hand that directs all that we do as we wholeheartedly depend on You.

Truth, honor, righteousness, purity, loveliness, and excellence in all things are what You ask of us and the least we owe to You. Let us in this house never forget why government exists: to protect, foster, improve human life for all that love You completely… and, most of all, to glorify Your name.

Let us view the world in the beauty with which it was created and seek to preserve it as a living testimony to Your goodness to us.

Lord, we have seen You accomplish the impossible. Based on that, we can boldly proclaim Your promises for the future and we pray Your continued blessing on all citizens of our great State. Most of all, help us remain united remembering why You have placed us here at this moment in time. We are thankful for You and will seek to serve You daily in all that we do. AMEN.”

______

Rep. Segal moved that Reps. Haugh and Stanley be excused from today’s session.

The motion prevailed.

______

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

The motion prevailed.

Motions and Resolutions

Rep. Brunner offered the following resolution:

House Resolution No. 92.

A resolution to memorialize the Congress of the United States to include total liquid assets as countable income when determining eligibility for the Food Assistance Program.

Whereas, Eligibility for the Food Assistance Program (FAP) depends on the financial situation of all members of the household group; and

Whereas, Most types of earned and unearned income are counted in determining eligibility for FAP. Such countable income is also considered when determining the amount of FAP a family is eligible to receive; and

Whereas, Some examples of countable income are: wages, self-employment earnings, rental income, child support, social security benefits, and veterans benefits; and

Whereas, Total liquid assets should be included and counted in federal regulations to determine eligibility for the FAP; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to amend federal regulations to include total liquid assets in determining eligibility under the Food Assistance Program; 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, the members of the Michigan congressional delegation, and the Michigan Department of Human Services.

The resolution was referred to the Committee on Families, Children, and Seniors.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore O’Brien to the Chair.

Second Reading of Bills

House Bill No. 4371, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43517, 43520, 43525a, and 43531 (MCL 324.43517, 324.43520, 324.43525a, and 324.43531), sections 43517 and 43520 as amended by 2006 PA 282, section 43525a as amended by 2006 PA 280, and section 43531 as amended by 2009 PA 70.

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

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

Rep. Bledsoe moved to amend the bill as follows:

1. Amend page 3, following line 13, by inserting:

“(D) A MENTOR ACCOMPANYING A MENTORED YOUTH SHALL NOT ACCOMPANY ANY OTHER MINOR WHILE THAT MENTORED YOUTH IS HUNTING.

(E) A MENTOR AND A MENTORED YOUTH SHALL NOT POSSESS MORE THAN 1 LAWFUL HUNTING DEVICE WHILE THAT MENTORED YOUTH IS HUNTING.

(F) A MENTORED YOUTH SHALL BE WITHIN ARM’S REACH AND SUBJECT TO THE IMMEDIATE CONTROL OF THE MENTOR AT ALL TIMES WHILE THAT MENTORED YOUTH IS HUNTING.”.

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

Rep. Pettalia moved to amend the bill as follows:

1. Amend page 3, following line 13, by inserting:

“(3) IN ESTABLISHING THE MENTORED YOUTH HUNTING PROGRAM UNDER SUBSECTION (2), THE COMMISSION SHALL WORK WITH CERTIFIED HUNTER SAFETY INSTRUCTORS TO ENSURE THAT THE PRIMARY FOCUS OF THE PROGRAM IS TO INSTILL EXCEPTIONAL HUNTER SAFETY, HUNTER ETHICS, AND CONSERVATION PRACTICES. THE COMMISSION SHALL CONFER WITH MENTORED YOUTH HUNTING PROGRAMS IN STATES THAT HAVE ESTABLISHED PROGRAMS AND INCORPORATE GUIDELINES THAT HAVE PROVEN SUCCESSFUL IN INCREASING HUNTER PARTICIPATION.”.

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4359, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803i (MCL 257.803i), as amended by 1998 PA 68.

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

Roll Call No. 143 Yeas—108

Agema Genetski Lindberg Price

Ananich Gilbert Lipton Pscholka

Barnett Glardon Liss Rendon

Bauer Goike Lori Rogers

Bledsoe Haines Lund Rutledge

Bolger Hammel Lyons Santana

Brown Haveman MacGregor Schmidt, R.

Brunner Heise MacMaster Schmidt, W.

Bumstead Hobbs McBroom Scott

Byrum Hooker McCann Segal

Callton Horn McMillin Shaughnessy

Cavanagh Hovey-Wright Meadows Shirkey

Clemente Howze Melton Slavens

Constan Hughes Moss Smiley

Cotter Huuki Muxlow Somerville

Crawford Irwin Nathan Stallworth

Daley Jackson Nesbitt Stamas

Damrow Jacobsen O’Brien Stapleton

Darany Jenkins Oakes Switalski

Denby Johnson Olson Talabi

Dillon Kandrevas Olumba Tlaib

Durhal Knollenberg Opsommer Townsend

Farrington Kowall Ouimet Tyler

Forlini Kurtz Outman Walsh

Foster LaFontaine Pettalia Womack

Franz Lane Poleski Yonker

Geiss LeBlanc Potvin Zorn

Nays—0

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

House Bill No. 4577, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 1903 (MCL 324.1903), as amended by 2002 PA 52.

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

Roll Call No. 144 Yeas—99

Agema Gilbert Lindberg Pscholka

Ananich Glardon Lipton Rendon

Bledsoe Goike Liss Rogers

Bolger Haines Lori Rutledge

Brown Hammel Lund Santana

Brunner Haveman Lyons Schmidt, R.

Bumstead Heise MacGregor Schmidt, W.

Byrum Hobbs MacMaster Scott

Callton Hooker McBroom Segal

Clemente Horn McCann Shaughnessy

Constan Hovey-Wright McMillin Shirkey

Cotter Howze Melton Slavens

Crawford Hughes Moss Smiley

Daley Huuki Muxlow Somerville

Damrow Irwin Nesbitt Stallworth

Darany Jacobsen O’Brien Stamas

Denby Jenkins Oakes Switalski

Dillon Johnson Olson Talabi

Durhal Kandrevas Opsommer Tlaib

Farrington Knollenberg Ouimet Townsend

Forlini Kowall Outman Tyler

Foster Kurtz Pettalia Walsh

Franz LaFontaine Poleski Yonker

Geiss Lane Potvin Zorn

Genetski LeBlanc Price

Nays—9

Barnett Jackson Nathan Stapleton

Bauer Meadows Olumba Womack

Cavanagh

In The Chair: O’Brien

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.

______

Rep. Stapleton, 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:

While in committee, I originally voted to support this bill, I have done some additional studying of the issue and have some concerns about using the Natural Resources Trust Fund for anything other than for what it was intended. The MNTF was created to assist local governments and DNR to purchase land or rights to land for public recreation and protection of land for environmental purposes. I truly believe that we need to maintain that as the sole purpose of the fund.

If we begin to find exceptions to that or additional reasons why the fund should be used, I am concerned about the overall impact of the fund long term.”

House Bill No. 4579, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 2154 (MCL 324.2154), as amended by 2010 PA 31.

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

Roll Call No. 145 Yeas—101

Agema Glardon Lindberg Price

Ananich Goike Lipton Pscholka

Bledsoe Haines Liss Rendon

Bolger Hammel Lori Rogers

Brown Haveman Lund Rutledge

Brunner Heise Lyons Santana

Bumstead Hobbs MacGregor Schmidt, R.

Byrum Hooker MacMaster Schmidt, W.

Callton Horn McBroom Scott

Clemente Hovey-Wright McCann Segal

Constan Howze McMillin Shaughnessy

Cotter Hughes Melton Shirkey

Crawford Huuki Moss Slavens

Daley Irwin Muxlow Smiley

Damrow Jackson Nesbitt Somerville

Darany Jacobsen O’Brien Stallworth

Denby Jenkins Oakes Stamas

Dillon Johnson Olson Switalski

Durhal Kandrevas Olumba Talabi

Farrington Knollenberg Opsommer Tlaib

Forlini Kowall Ouimet Townsend

Foster Kurtz Outman Tyler

Franz LaFontaine Pettalia Walsh

Geiss Lane Poleski Yonker

Genetski LeBlanc Potvin Zorn

Gilbert

Nays—7

Barnett Cavanagh Nathan Womack

Bauer Meadows Stapleton

In The Chair: O’Brien

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.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, May 19:

House Bill Nos. 4653 4654 4655 4656 4657 4658 4659 4660 4661

Senate Bill No. 384

The Clerk announced that the following Senate bills had been received on Thursday, May 19:

Senate Bill Nos. 226 227 228 229

Reports of Standing Committees

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

House Bill No. 4625, entitled

A bill to amend 1937 (Ex Sess) PA 4, entitled “An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act,” by amending sections 1, 2, 3, and 3a of article II, sections 1, 2, and 3 of article III, and section 4 of article IV (MCL 38.81, 38.82, 38.83, 38.83a, 38.91, 38.92, 38.93, and 38.104), sections 1 and 2 of article II and section 2 of article III as amended and section 3a of article II and section 3 of article III as added by 1993 PA 59, section 1 of article III as amended by 1996 PA 282, and section 4 of article IV as amended by 1993 PA 60, and by adding sections 3b and 3c to article II and section 1a to article III; and to repeal acts and parts of acts.

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. Scott, Crawford, McMillin, Franz, Heise, Hughes, Nesbitt, O’Brien, Price, Shaughnessy and Yonker

Nays: Reps. Howze, Hobbs, Stallworth and Geiss

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

House Bill No. 4626, entitled

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. Scott, Crawford, McMillin, Franz, Heise, Hughes, Nesbitt, O’Brien, Price, Shaughnessy and Yonker

Nays: Reps. Howze, Hobbs and Geiss

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

House Bill No. 4627, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1247 and 1248.

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. Scott, Crawford, McMillin, Franz, Heise, Hughes, Nesbitt, O’Brien, Price, Shaughnessy and Yonker

Nays: Reps. Brown, Darany, Howze, Hobbs and Geiss

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

House Bill No. 4628, 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; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 2011 PA 9.

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. Scott, Crawford, McMillin, Franz, Heise, Hughes, Nesbitt, O’Brien, Price, Shaughnessy and Yonker

Nays: Reps. Brown, Darany, Howze, Hobbs, Rutledge and Geiss

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 18, 2011

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ouimet, Chair, of the Committee on Local, Intergovernmental, and Regional Affairs, was received and read: