No. 70

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Thursday, September 15, 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 Lindberg—present Pscholka—present

Ananich—present Glardon—present Lipton—present Rendon—present

Barnett—present Goike—present Liss—present Rogers—present

Bauer—present Haines—present Lori—present Rutledge—present

Bledsoe—present Hammel—present Lund—present Santana—present

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

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

Brunner—present Heise—present MacMaster—present Scott—present

Bumstead—present Hobbs—present McBroom—present Segal—present

Byrum—present Hooker—present McCann—present Shaughnessy—present

Callton—present Horn—present McMillin—present Shirkey—present

Cavanagh—present Hovey-Wright—present Meadows—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—excused O’Brien—present Stanley—present

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

e/d/s = entered during session

Rep. Al Pscholka, from the 79th District, offered the following invocation:

“Our Father and God, we praise You for Your goodness to our State and nation, giving us blessings far beyond what we deserve. Help us to turn to You in repentance and faith.

In 1785, James Madison said, ‘We have staked the whole future of American civilization, not upon the power of government, far from it. We have staked the future of all our political institutions upon the capacity of mankind for self-government; upon the capacity of each and all of us to govern ourselves, to control ourselves, and to sustain ourselves according to the Ten Commandments of God.’

Father, we pray today for all of our nation’s leaders. Give us all the wisdom to know what is right, and the courage to do it. This we pray in Your name, Amen.”

______

Rep. Segal moved that Rep. Jackson be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Outman, Barnett, Bauer, Brown, Crawford, Darany, Denby, Heise, Hooker, Knollenberg, Poleski, Price, Slavens and Tyler offered the following resolution:

House Resolution No. 129.

A resolution to declare Sept. 16, 2011, as POW/MIA Day in the state of Michigan.

Whereas, It has always been the creed of those who wear a military uniform never to leave a fallen comrade on the battlefield. On this day we pay tribute to those who are missing in action or have been taken prisoner of war and never returned home; and

Whereas, To date a total of 83,580 Americans are listed as prisoners of war or missing in action since World War II. This includes 73,787 in World War II, 7,985 in the Korean War, 125 in the Cold War, and 1,683 in the Vietnam War; and

Whereas, We as a nation can never collectively rest until we account for all those men and women who made the ultimate sacrifice to their country; and

Whereas, We express our deepest gratitude to these patriots in both words and actions, knowing they were fighting to protect our rights and freedoms; and

Whereas, Those who have died in battle continue to be located and brought home for military rites, including the 59 soldiers, marines, sailors and airmen who were identified and repatriated in 2010, and the 30 who have been brought home so far this year; and

Whereas, The families of these brave men and women will never rest until their fate is known, such as the family of Private First Class Henry L. Gustafson of Sault Ste. Marie, who waited 61 years to bury him after his death on a frozen battlefield in North Korea in December 1950. Private First Class Gustafson was brought home in June of this year; and

Whereas, Their work will not be complete, nor will our commitment be fulfilled, until they come home; and

Whereas, The stark MIA/POW flag will fly proudly near the U.S. and state of Michigan flags on Sept. 16, serving as a commanding reminder that the duty of those who are missing in action or prisoners of war is finished, but ours continues as we seek to find, repatriate and honor these courageous men and women; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 16, 2011, as POW/MIA Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

House Bill No. 4683, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 405 (MCL 484.1405), as amended by 2007 PA 165.

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

Roll Call No. 330 Yeas—108

Agema Genetski Lindberg Pscholka

Ananich Gilbert Lipton Rendon

Barnett Glardon Liss Rogers

Bauer Goike Lori Rutledge

Bledsoe Haines Lund Santana

Bolger Hammel Lyons Schmidt, R.

Brown Haugh MacGregor Schmidt, W.

Brunner Haveman MacMaster Scott

Bumstead Heise McBroom Segal

Byrum Hobbs McCann Shaughnessy

Callton Hooker McMillin Shirkey

Cavanagh Horn Meadows Slavens

Clemente Hovey-Wright Moss Smiley

Constan Howze Muxlow Somerville

Cotter Hughes Nathan Stallworth

Crawford Huuki Nesbitt Stamas

Daley Irwin O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 4770, entitled

A bill to prohibit public employers from providing certain benefits to public employees.

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

Roll Call No. 331 Yeas—64

Agema Goike Lori Poleski

Bolger Haines Lund Potvin

Bumstead Haveman Lyons Price

Callton Heise MacGregor Pscholka

Cotter Hooker MacMaster Rendon

Crawford Horn McBroom Rogers

Daley Hughes McMillin Schmidt, W.

Damrow Huuki Moss Scott

Denby Jacobsen Muxlow Shaughnessy

Farrington Jenkins Nesbitt Shirkey

Forlini Johnson O’Brien Somerville

Foster Knollenberg Olson Stamas

Franz Kowall Opsommer Tyler

Genetski Kurtz Ouimet Walsh

Gilbert LaFontaine Outman Yonker

Glardon LeBlanc Pettalia Zorn

Nays—44

Ananich Dillon Lindberg Segal

Barnett Durhal Lipton Slavens

Bauer Geiss Liss Smiley

Bledsoe Hammel McCann Stallworth

Brown Haugh Meadows Stanley

Brunner Hobbs Nathan Stapleton

Byrum Hovey-Wright Oakes Switalski

Cavanagh Howze Olumba Talabi

Clemente Irwin Rutledge Tlaib

Constan Kandrevas Santana Townsend

Darany Lane Schmidt, R. Womack

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

Reps. Durhal, Santana, Barnett, Lindberg, Segal, Bledsoe, Switalski, Geiss, Dillon, Tlaib, Byrum, Kandrevas, Oakes, Townsend, Stanley, Cavanagh, Liss, Bauer, Hammel, Howze, Lipton, Lane, Nathan and Hovey-Wright, 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 House Bills 4770 and 4771 because I have serious concerns about the constitutionality of these bills including, but not limited to, violating Article VIII of Michigan’s Constitution which gives colleges and universities the expressed right and autonomy to set compensation for its employees and violating Article XI, Section 5 of Michigan’s Constitution which gives the Michigan Civil Service Commission plenary authority to regulate conditions of employment for classified service.

These bills will result in our state university employees not receiving benefits that they bargained for years ago. In addition, the bills will prohibit our world class universities from offering competitive benefits to those offered at other universities throughout the country.

Therefore, I voted ‘no’ on House Bills 4770 and 4771 today. I also voted ‘no’ on granting Immediate Effect to House Bills 4770 and 4771.”

Reps. Roy Schmidt, Slavens, Stallworth, Talabi, Constan, Brunner and Smiley, 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:

No Vote Explanation for House Bills 4770/4771

I voted no on House Bills 4770 and 4771 because I have serious concerns about the constitutionality of these bills including, but not limited to, violating Article VIII of Michigan’s Constitution which gives colleges and universities the expressed right and autonomy to set compensation for its employees and violating Article XI, Section 5 of Michigan’s Constitution which gives the Michigan Civil Service Commission plenary authority to regulate conditions of employment for classified service.

These bills will result in our state university employees not receiving benefits that they bargained for years ago. In addition, the bills will prohibit our world class universities from offering competitive benefits to those offered at other universities throughout the country.

Therefore, I voted ‘no’ on House Bills 4770 and 4771 today. I also voted ‘no’ on granting Immediate Effect to House Bills 4770 and 4771.”

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

“Mr. Speaker and members of the House:

I voted no on House Bill 4770 because I have serious concerns about the constitutionality of the bill including, but not limited to, violating Article VIII of Michigan’s Constitution which gives colleges and universities the expressed right and autonomy to set compensation for its employees and violating Article XI, Section 5 of Michigan’s Constitution which gives the Michigan Civil Service Commission plenary authority to regulate conditions of employment for classified service.

This bill will result in our state university employees not receiving benefits that they bargained for years ago. In addition, this bill will prohibit our world class universities from offering competitive benefits to those offered at other universities throughout the country.

Therefore, I voted ‘no’ on House Bill 4770 today. I also voted ‘no’ on granting Immediate Effect to House Bill 4770.”

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:

No Vote Explanation for House Bills 4770

I voted no on House Bills 4770 and 4771 because I have serious concerns about the constitutionality of these bills including, but not limited to, violating Article VIII of Michigan’s Constitution which gives colleges and universities the expressed right and autonomy to set compensation for its employees and violating Article XI, Section 5 of Michigan’s Constitution which gives the Michigan Civil Service Commission plenary authority to regulate conditions of employment for classified service.

These bills will result in our state university employees not receiving benefits that they bargained for years ago. In addition, the bills will prohibit our world class universities from offering competitive benefits to those offered at other universities throughout the country.

Therefore, I voted ‘no’ on House Bills 4770 today. I also voted “no” on granting Immediate Effect to House Bills 4770.”

Rep. Brown, 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:

I have many concerns with this legislation, including many violations of the Constitution. In addition, the Attorney General, Michigan Court of Appeals and the Governor’s legal counsel have all weighed in on this type of language as unconstitutional. This will waste precious taxpayer dollars in court costs. Therefore, I voted no on final passage as well as granting immediate effect on House Bill 4770.”

Rep. Irwin, 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 oppose HB 4770 and HB 4771 because they violate Michigan’s long-held principles of local control and because they are discriminatory.

The passage of these bills forces on local units of government a system whereby two employees, performing the same job and with the same experience, will receive significantly different compensation. The employee with a traditional marriage will receive benefits for their family and the employee who chooses a family outside of the religious tradition that is enshrined our laws will not. I believe that this violates the spirit and the plain meaning of the phrase: ‘Congress shall make no law respecting an establishment of religion.’

I also voted no on House Bills 4770 and 4771 because I have serious concerns about the constitutionality of these bills including, but not limited to, violating Article VIII of Michigan’s Constitution which gives colleges and universities the expressed right and autonomy to set compensation for its employees and violating Article XI, Section 5 of Michigan’s Constitution which gives the Michigan Civil Service Commission plenary authority to regulate conditions of employment for classified service.

These bills will result in our state university employees not receiving benefits that they bargained for years ago. In addition, the bills will prohibit our world class universities from offering competitive benefits to those offered at other universities throughout the country.

Therefore, I voted ‘no’ on House Bills 4770 and 4771 today. I also voted ‘no’ on granting Immediate Effect to House Bills 4770 and 4771.”

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

“Mr. Speaker and members of the House:

I voted ‘no’ on House Bill 4770 because it is an unnecessary and impractical bill. By prohibiting school districts from administering automatic payroll deductions for union dues, the bill will dismantle a system that is simple, fair and efficient.

The current system is simple because the deductions process is largely automated, fair because the decision to administer these deductions is made at the local level through collective bargaining, and efficient because employees do not have to write checks and mail in their union dues each year.

Further, as noted by the House Fiscal Agency, the bill’s sponsor, and other interested parties, the bill will have only a minimal fiscal impact on our state’s school districts.

House Bill 4770 represents another assault on our public school employees and will in no way improve our state’s schools.

For these reasons, I cannot support House Bill 4770. I also voted ‘no’ on granting Immediate Effect to House Bill 4770.”

House Bill No. 4771, 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; 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 25.

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

Roll Call No. 332 Yeas—64

Agema Goike Lori Poleski

Bolger Haines Lund Potvin

Bumstead Haveman Lyons Price

Callton Heise MacGregor Pscholka

Cotter Hooker MacMaster Rendon

Crawford Horn McBroom Rogers

Daley Hughes McMillin Schmidt, W.

Damrow Huuki Moss Scott

Denby Jacobsen Muxlow Shaughnessy

Farrington Jenkins Nesbitt Shirkey

Forlini Johnson O’Brien Somerville

Foster Knollenberg Olson Stamas

Franz Kowall Opsommer Tyler

Genetski Kurtz Ouimet Walsh

Gilbert LaFontaine Outman Yonker

Glardon LeBlanc Pettalia Zorn

Nays—44

Ananich Dillon Lindberg Segal

Barnett Durhal Lipton Slavens

Bauer Geiss Liss Smiley

Bledsoe Hammel McCann Stallworth

Brown Haugh Meadows Stanley

Brunner Hobbs Nathan Stapleton

Byrum Hovey-Wright Oakes Switalski

Cavanagh Howze Olumba Talabi

Clemente Irwin Rutledge Tlaib

Constan Kandrevas Santana Townsend

Darany Lane Schmidt, R. Womack

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 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 103.

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.

______

Reps. Durhal, Santana, Barnett, Lindberg, Segal, Bledsoe, Switalski, Geiss, Dillon, Tlaib, Byrum, Kandrevas, Oakes, Townsend, Stanley, Cavanagh, Liss, Bauer, Hammel, Howze, Lipton, Lane, Nathan and Hovey-Wright, 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 House Bills 4770 and 4771 because I have serious concerns about the constitutionality of these bills including, but not limited to, violating Article VIII of Michigan’s Constitution which gives colleges and universities the expressed right and autonomy to set compensation for its employees and violating Article XI, Section 5 of Michigan’s Constitution which gives the Michigan Civil Service Commission plenary authority to regulate conditions of employment for classified service.

These bills will result in our state university employees not receiving benefits that they bargained for years ago. In addition, the bills will prohibit our world class universities from offering competitive benefits to those offered at other universities throughout the country.

Therefore, I voted ‘no’ on House Bills 4770 and 4771 today. I also voted ‘no’ on granting Immediate Effect to House Bills 4770 and 4771.”

Reps. Roy Schmidt, Slavens, Stallworth, Talabi, Constan, Brunner and Smiley, 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:

No Vote Explanation for House Bills 4770/4771

I voted no on House Bills 4770 and 4771 because I have serious concerns about the constitutionality of these bills including, but not limited to, violating Article VIII of Michigan’s Constitution which gives colleges and universities the expressed right and autonomy to set compensation for its employees and violating Article XI, Section 5 of Michigan’s Constitution which gives the Michigan Civil Service Commission plenary authority to regulate conditions of employment for classified service.

These bills will result in our state university employees not receiving benefits that they bargained for years ago. In addition, the bills will prohibit our world class universities from offering competitive benefits to those offered at other universities throughout the country.

Therefore, I voted ‘no’ on House Bills 4770 and 4771 today. I also voted ‘no’ on granting Immediate Effect to House Bills 4770 and 4771.”

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:

No Vote Explanation for House Bill 4771

I voted no on House Bill 4771 because I have serious concerns about the constitutionality of these bills including, but not limited to, violating Article VIII of Michigan’s Constitution which gives colleges and universities the expressed right and autonomy to set compensation for its employees and violating Article XI, Section 5 of Michigan’s Constitution which gives the Michigan Civil Service Commission plenary authority to regulate conditions of employment for classified service.

These bills will result in our state university employees not receiving benefits that they bargained for years ago. In addition, the bills will prohibit our world class universities from offering competitive benefits to those offered at other universities throughout the country.

Therefore, I voted ‘no’ on House Bill 4771 today. I also voted ‘no’ on granting Immediate Effect to House Bill 4771.”

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

“Mr. Speaker and members of the House:

I voted no on House Bill 4771 because I have serious concerns about the constitutionality of the bill including, but not limited to, violating Article VIII of Michigan’s Constitution which gives colleges and universities the expressed right and autonomy to set compensation for its employees and violating Article XI, Section 5 of Michigan’s Constitution which gives the Michigan Civil Service Commission plenary authority to regulate conditions of employment for classified service.

This bill will result in our state university employees not receiving benefits that they bargained for years ago. In addition, this bill will prohibit our world class universities from offering competitive benefits to those offered at other universities throughout the country.

Therefore, I voted ‘no’ on House Bill 4771 today. I also voted ‘no’ on granting Immediate Effect to House Bill 4771.”

Rep. Irwin, 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 oppose HB 4770 and HB 4771 because they violate Michigan’s long-held principles of local control and because they are discriminatory.

The passage of these bills forces on local units of government a system whereby two employees, performing the same job and with the same experience, will receive significantly different compensation. The employee with a traditional marriage will receive benefits for their family and the employee who chooses a family outside of the religious tradition that is enshrined our laws will not. I believe that this violates the spirit and the plain meaning of the phrase: ‘Congress shall make no law respecting an establishment of religion.’

I also voted no on House Bills 4770 and 4771 because I have serious concerns about the constitutionality of these bills including, but not limited to, violating Article VIII of Michigan’s Constitution which gives colleges and universities the expressed right and autonomy to set compensation for its employees and violating Article XI, Section 5 of Michigan’s Constitution which gives the Michigan Civil Service Commission plenary authority to regulate conditions of employment for classified service.

These bills will result in our state university employees not receiving benefits that they bargained for years ago. In addition, the bills will prohibit our world class universities from offering competitive benefits to those offered at other universities throughout the country.

Therefore, I voted ‘no’ on House Bills 4770 and 4771 today. I also voted ‘no’ on granting Immediate Effect to House Bills 4770 and 4771.”

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

“Mr. Speaker and members of the House:

I voted ‘no’ on House Bill 4771 because it is an unnecessary and impractical bill. By prohibiting school districts from administering automatic payroll deductions for union dues, the bill will dismantle a system that is simple, fair and efficient.

The current system is simple because the deductions process is largely automated, fair because the decision to administer these deductions is made at the local level through collective bargaining and efficient because employees do not have to write checks and mail in their union dues each year.

Further, as noted by the House Fiscal Agency, the bill’s sponsor, and other interested parties, the bill will have only a minimal fiscal impact on our state’s school districts.

House Bill 4771 represents another assault on our public school employees and will in no way improve our state’s schools.

For these reasons, I cannot support House Bill 4771. I also voted ‘no’ on granting Immediate Effect to House Bill 4929.”

House Bill No. 4929, 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 10 (MCL 423.210).

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

Roll Call No. 333 Yeas—55

Agema Gilbert Lund Potvin

Bolger Goike Lyons Price

Bumstead Haines MacGregor Pscholka

Callton Haveman MacMaster Rendon

Cotter Heise McBroom Rogers

Crawford Hooker McMillin Schmidt, W.

Daley Huuki Moss Scott

Damrow Jacobsen Nesbitt Shirkey

Denby Jenkins O’Brien Somerville

Farrington Johnson Olson Stamas

Forlini Knollenberg Opsommer Walsh

Foster Kowall Ouimet Yonker

Franz LaFontaine Outman Zorn

Genetski Lori Pettalia

Nays—53

Ananich Glardon Lindberg Segal

Barnett Hammel Lipton Shaughnessy

Bauer Haugh Liss Slavens

Bledsoe Hobbs McCann Smiley

Brown Horn Meadows Stallworth

Brunner Hovey-Wright Muxlow Stanley

Byrum Howze Nathan Stapleton

Cavanagh Hughes Oakes Switalski

Clemente Irwin Olumba Talabi

Constan Kandrevas Poleski Tlaib

Darany Kurtz Rutledge Townsend

Dillon Lane Santana Tyler

Durhal LeBlanc Schmidt, R. Womack

Geiss

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

Reps. Durhal, Santana, Dillon, Talabi, Switalski, Hammel, Lindberg, Barnett, Rutledge, Geiss, Kandrevas, Bledsoe, Slavens, McCann, Hovey-Wright, Roy Schmidt, Liss, Constan, Lane, Stanley, Stallworth, Townsend, Howze, Oakes, Brunner, Nathan, Smiley, Cavanagh and Bauer, 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 House Bill 4929 because it is an unnecessary and impractical bill. By prohibiting school districts from administering automatic payroll deductions for union dues, the bill will dismantle a system that is simple, fair and efficient.

The current system is simple because the deductions process is largely automated, fair because the decision to administer these deductions is made at the local level through collective bargaining and efficient because employees do not have to write checks and mail in their union dues each year.

Further, as noted by the House Fiscal Agency, the bill’s sponsor, and other interested parties, the bill will have only a minimal fiscal impact on our state’s school districts.

House Bill 4929 represents another assault on our public school employees and will in no way improve our state’s schools.

For these reasons, I cannot support House Bill 4929. I also voted ‘no’ on granting Immediate Effect to House Bill 4929.”

Rep. Darany, 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:

You can cut and paste the language below (also attached) in to the no vote program.

I voted ‘no’ on House Bill 4929 because it is an unnecessary and impractical bill. By prohibiting school districts from administering automatic payroll deductions for union dues, the bill will dismantle a system that is simple, fair and efficient.

The current system is simple because the deductions process is largely automated, fair because the decision to administer these deductions is made at the local level through collective bargaining, and efficient because employees do not have to write checks and mail in their union dues each year.

Further, as noted by the House Fiscal Agency, the bill’s sponsor, and other interested parties, the bill will have only a minimal fiscal impact on our state’s school districts.

House Bill 4929 represents another assault on our public school employees and will in no way improve our state’s schools.

For these reasons, I cannot support House Bill 4929. I also voted ‘no’ on granting Immediate Effect to House Bill 4929.”

Rep. Segal, 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:

I voted ‘no’ on House Bill 4929 because it is an unnecessary and impractical bill. By prohibiting school districts from administering automatic payroll deductions for union dues, the bill will dismantle a system that is simple, fair and efficient.

In addition, House Fiscal Agency, the bill’s sponsor, and other interested parties, the bill will have only a minimal fiscal impact on our state’s school districts. House Bill 4929 represents another assault on our public school employees and will in no way improve our state’s schools.

For these reasons, I cannot support House Bill 4929. I also voted ‘no’ on granting Immediate Effect to House Bill 4929.”

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

“Mr. Speaker and members of the House:

I voted ‘no’ on House Bill 4929 because it is an unnecessary and impractical prohibition directed at school districts who administer automatic payroll deductions for union dues. The bill would not address other automatic deductions which occur and thus would not have any cost savings resulting from the passage of the bill. Whether or not to administer automatic deductions for union dues should be made at the local level as a result of collective bargaining agreements.

House bill 4929 represents another assault on local control, an expansion of central government and a further destruction of collective bargaining and personal choice.

For these reasons I did not support the passage of HB 4929. I also voted ‘no’ on granting immediate effect to HB 4929.”

Rep. Byrum, 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:

I voted ‘no’ on House Bill 4929 because it is an unnecessary and impractical bill. By prohibiting school districts from administering automatic payroll deductions for union dues, the bill will dismantle a system that is simple, fair and efficient.

The current system is simple because the deductions process is largely automated, fair because the decision to administer these deductions is made at the local level through collective bargaining, and efficient because employees do not have to write checks and mail in their union dues each year.

Further, as noted by the House Fiscal Agency, the bill’s sponsor, and other interested parties, the bill will have only a minimal fiscal impact on our state’s school districts.

House Bill 4929 represents another assault on our public school employees and will in no way improve our state’s schools.

For these reasons, I cannot support House Bill 4929.

If given an opportunity to vote on immediate effect on House Bill 4929, I would vote no.”

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:

Mr. Speaker,

I had a teacher from a suburban district recently ask me while I was out to dinner one night during the summer, ‘When did Public Employees become Enemy # 1.’

I was jolted by the question. I almost cried. I almost cried because I couldn’t fight her opinion. I couldn’t convince her otherwise. I knew what we had done.

We continue to make decisions that for a while I didn’t want to understand. And while I know we have ideological differences Mr. Speaker... this makes no sense.

HB 4929 does nothing more than to hurt teachers and inconvenience them.

They will continue to organize as they have a right to under the united states law.

But they will have to go out of their way to write checks, put a stamp on it, and mail it.

Or, Mr. Speaker, they will take a part of their lunch hours, a time that they relax and hand off payments to their union steward because we chose to metal in affairs that are none of our business. We have serious problems Mr. Speaker. This simply is not one of them.

Mr. Speaker, I was a teacher. I worked for several years in the Detroit Public Schools. This process that the majority wants to do would have been cumbersome at best. At best!

If we were forcing districts to save money, while I would not necessarily agree, I could at least understand. But I can’t even say that.

Mr. Speaker, it’s a code in a computer that generates those payment. It costs nothing to do, and won’t save a dime.

I just can’t think of a reason we are doing this and any reason given to date makes no sense. And as a former teacher I can tell you how annoying this will be to my former coworkers.

Mr. Speaker, I was in Marquette this summer and another teacher asked me why would anyone want to be a teacher in this state?

Mr. Speaker, I couldn’t answer her either.

I vote not on HB 4929 and I vote no on Immediate Effect.”

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:

I voted ‘no’ on House Bill 4929. It will completely dismantle a system that would allow school districts from administering automatic payroll deductions for union dues.

The current system is simple because the deductions process is largely automated, fair because the decision to administer these deductions is made at the local level through collective bargaining and efficient because employees do not have to write checks and mail in their union dues each year.

Further, as noted by the House Fiscal Agency, the bill’s sponsor, and other interested parties, the bill will have only a minimal fiscal impact on our state’s school districts, so the only reason for the change is to attack teachers. House Bill 4929 is another assault on our public school employees and will in no way improve our children’s education in Michigan.

For these reasons, I cannot support House Bill 4929. I also voted ‘no’ on granting Immediate Effect to House Bill 4929.”

Rep. Poleski, 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:

The legislation applies only to one set of public employers. I believe it to be poor legislation to isolate legislative effect to one set of employers when others are similarly situated. If the legislation is good for one group, it should be good for all.

The bill deals with an insignificant issue when compared with the many larger issues our State must address. That insignificance, coupled with the limited scope of applicability to only certain public employers, leads me to believe that this is poor legislation.

I appreciate the opportunity to articulate the reasons for my No vote.”

______

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

Second Reading of Bills

House Bill No. 4071, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 62b and 62c (MCL 791.262b and 791.262c), section 62b as amended by 2000 PA 211 and section 62c as amended by 1988 PA 293.

The bill was read a second time.

Rep. Lori moved to amend the bill as follows:

1. Amend page 1, line 6, by striking out “unrestricted”.

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

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

The motion prevailed.

Senate Bill No. 331, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 229 (MCL 436.1229), as amended by 2005 PA 288; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Crawford moved to amend the bill as follows:

1. Amend page 2, following line 12, by striking out all of enacting section 2 and inserting:

“Enacting section 2. This amendatory act takes effect October 1, 2012.”.

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

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

The motion prevailed.

Senate Bill No. 77, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5805 and 5839 (MCL 600.5805 and 600.5839), section 5805 as amended by 2002 PA 715 and section 5839 as amended by 1985 PA 188.

The bill was read a second time.

Rep. Heise moved to amend the bill as follows:

1. Amend page 6, line 21, after “effect” by striking out “May 1, 2011” and inserting “January 1, 2012”.

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

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

The motion prevailed.

House Bill No. 4642, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 2 (MCL 257.2), as amended by 2004 PA 19.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. McBroom moved to substitute (H-2) the bill.

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

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, September 15, for his approval of the following bills:

Enrolled House Bill No. 4316 at 11:08 a.m.

Enrolled House Bill No. 4734 at 11:10 a.m.

Enrolled House Bill No. 4748 at 11:12 a.m.

Enrolled House Bill No. 4787 at 11:14 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, September 15:

House Bill Nos. 4969 4970 4971 4972 4973 4974 4975 4976 4977 4978 4979

Senate Bill Nos. 645 646

The Clerk announced that the following Senate bills had been received on Thursday, September 15:

Senate Bill Nos. 473 584

Reports of Standing Committees

The Committee on Appropriations, by Rep. Moss, Chair, reported

House Bill No. 4915, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5522 (MCL 324.5522), as amended by 2007 PA 75.

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. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin and Durhal

Nays: Reps. Goike, LeBlanc and Lindberg

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 15, 2011

Present: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Bauer, Durhal, Lindberg, Lipton, McCann and Tlaib

Absent: Reps. Ananich, Dillon and Jackson

Excused: Reps. Ananich, Dillon and Jackson

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

Senate Bill No. 384, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16104, 17048, 17049, 17050, 17076, 17078, 17548, 17549, 17745, 17757, 18048, 18049, and 20201 (MCL 333.16104, 333.17048, 333.17049, 333.17050, 333.17076, 333.17078, 333.17548, 333.17549, 333.17745, 333.17757, 333.18048, 333.18049, and 333.20201), section 16104 as amended by 1993 PA 80, section 17048 as amended by 2010 PA 124, sections 17049 and 17549 as amended by 2004 PA 512, section 17050 as amended by 1990 PA 247, sections 17076 and 17548 as amended by 1996 PA 355, section 17078 as amended and sections 18048 and 18049 as added by 2006 PA 161, section 17745 as amended by 2006 PA 672, section 17757 as amended by 1986 PA 304, and section 20201 as amended by 2006 PA 38.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Haines, Callton, Opsommer, Kurtz, Wayne Schmidt, Shirkey, Hooker, Muxlow, Yonker, Liss, Segal and Hovey-Wright

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 15, 2011

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

Absent: Reps. Scott, Huuki, Stallworth, Darany and Womack

Excused: Reps. Scott, Huuki, Stallworth, Darany and Womack

The Committee on Insurance, by Rep. Lund, Chair, reported

House Bill No. 4593, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 21A.

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. Lund, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Roy Schmidt, Segal, Howze and Geiss

Nays: None

The Committee on Insurance, by Rep. Lund, Chair, reported

House Bill No. 4594, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding sections 2153 and 2156.

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. Lund, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Roy Schmidt, Segal, Howze and Geiss

Nays: None

The Committee on Insurance, by Rep. Lund, Chair, reported

House Bill No. 4595, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2154.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Lund, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Roy Schmidt, Segal, Howze and Geiss

Nays: None

The Committee on Insurance, by Rep. Lund, Chair, reported

House Bill No. 4596, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2157.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Lund, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Roy Schmidt, Segal, Howze and Geiss

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 15, 2011

Present: Reps. Lund, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Roy Schmidt, Segal, Hovey-Wright, Howze 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:

Meeting held on: Thursday, September 15, 2011

Present: Reps. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Stanley, Townsend, Stapleton and Rutledge

Absent: Reps. Rendon, Constan and Lane

Excused: Reps. Rendon, Constan and Lane

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 15, 2011

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

Absent: Reps. Scott, Muxlow and Olumba

Excused: Reps. Scott, Muxlow and Olumba

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 15, 2011

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

Absent: Reps. Stallworth and Womack

Excused: Reps. Stallworth and Womack

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 15, 2011

Present: Reps. Lund, Shaughnessy, Opsommer, Denby, Callton, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Segal, Hovey-Wright, Howze and Geiss

Absent: Rep. Roy Schmidt

Excused: Rep. Roy Schmidt

Messages from the Senate

Senate Bill No. 473, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11511 and 11511b (MCL 324.11511 and 324.11511b), section 11511 as amended by 2004 PA 325 and section 11511b as added by 2005 PA 236.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Senate Bill No. 584, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 613a, 614a, 615a, and 759a (MCL 168.613a, 168.614a, 168.615a, and 168.759a), section 613a as amended by 2003 PA 13, sections 614a and 615a as amended by 1999 PA 72, and section 759a as amended by 2010 PA 50, and by adding sections 615c and 759c; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Genetski, Cotter, Haveman and Pscholka introduced

House Bill No. 4980, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 236 (MCL 388.1836), as added by 2011 PA 62, and by adding section 265a.

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

Rep. Genetski introduced

House Bill No. 4981, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17.

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

Rep. Franz introduced

House Bill No. 4982, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 682 and 688 (MCL 257.682 and 257.688), section 682 as amended by 1990 PA 188 and section 688 as amended by 2006 PA 14, and by adding section 45b.

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

Reps. Durhal, Talabi, Cavanagh, Irwin, Townsend, Liss, Howze, Hammel, Switalski, Constan, Lindberg, Tlaib, Bauer, Kandrevas, Bledsoe, Stanley, Dillon, McCann, Stapleton, Brunner, Smiley, Haugh, Meadows and Oakes introduced

House Bill No. 4983, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; and to provide for the expenditure of the appropriations.

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

Reps. Irwin, Liss, Ananich, Brown, Smiley, Hovey-Wright, Rutledge, Geiss, Slavens, Stapleton, Horn, Townsend, Stallworth, Lipton, Tlaib and Oakes introduced

House Bill No. 4984, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277.

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

Reps. Durhal, Liss, Haugh, Slavens, Lane, Smiley, Olumba, Stallworth, Tlaib, Segal, Hammel, Womack, Talabi, Santana and Jackson introduced

House Bill No. 4985, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 1101, 1111, 1112, and 1117 (MCL 339.1101, 339.1111, 339.1112, and 339.1117), sections 1101 and 1112 as amended by 1984 PA 25, section 1111 as amended by 1988 PA 463, and section 1117 as amended by 2003 PA 207.

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

Reps. Durhal, Liss, Haugh, Slavens, Lane, Smiley, Olumba, Stallworth, Tlaib, Segal, Hammel, Womack, Talabi, Santana and Jackson introduced

House Bill No. 4986, entitled

A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 17 (MCL 338.2217), as amended by 2007 PA 77.

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

Reps. Oakes, Dillon, Hobbs, Stanley, Haugh, Slavens, Switalski, Irwin, Ananich and Segal introduced

House Bill No. 4987, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1280 (MCL 380.1280), as amended by 2006 PA 123.

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

Reps. Santana, Poleski, Rutledge, Brunner, Hobbs, Stapleton, Darany, Oakes, Brown, Heise, Stallworth, Howze, Geiss and Franz introduced

House Bill No. 4988, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2009 PA 205.

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

Reps. Somerville, Hughes, Poleski, Haveman, Callton, McBroom, Zorn, Opsommer, Kowall, MacMaster, Huuki, Glardon, Muxlow, Outman, LaFontaine and Forlini introduced

House Bill No. 4989, entitled

A bill to limit the compensation for certain positions in public employment; and to limit compensation for certain contracts to provide services to public bodies.

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

______

Rep. Huuki moved that the House adjourn.

The motion prevailed, the time being 2:05 p.m.

Associate Speaker Pro Tempore Opsommer declared the House adjourned until Tuesday, September 20, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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