No. 48
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2015
House Chamber, Lansing, Tuesday, May 19, 2015.
1:30 p.m.
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.
Afendoulis—present Franz—present Kosowski—present Potvin—present
Banks—present Gamrat—present LaFontaine—present Price—present
Barrett—present Garcia—present Lane—present Pscholka—present
Bizon—present Garrett—present Lauwers—present Rendon—present
Brinks—present Gay-Dagnogo—present LaVoy—present Roberts, B.—present
Brunner—present Geiss—present Leonard—present Roberts, S.—present
Bumstead—present Glardon—present Leutheuser—present Robinson—present
Byrd—present Glenn—present Liberati—present Runestad—present
Callton—present Goike—present Love—present Rutledge—present
Canfield—present Graves—present Lucido—present Santana—present
Chang—present Greig—present Lyons—present Schor—present
Chatfield—present Greimel—present Maturen—present Sheppard—present
Chirkun—present Guerra—present McBroom—present Singh—present
Clemente—present Heise—present McCready—present Smiley—present
Cochran—e/d/s Hoadley—present Miller, A.—present Somerville—present
Cole—present Hooker—present Miller, D.—present Talabi—present
Cotter—present Hovey-Wright—present Moss—present Tedder—present
Courser—present Howrylak—present Muxlow—present Theis—present
Cox—present Hughes—present Neeley—present Townsend—present
Crawford—present Iden—present Nesbitt—present Vaupel—present
Darany—present Inman—present Outman—present VerHeulen—present
Dianda—present Irwin—present Pagan—present Victory—present
Dillon—present Jacobsen—present Pagel—present Webber—present
Driskell—present Jenkins—present Pettalia—present Wittenberg—present
Durhal—present Johnson—present Phelps—present Yanez—present
Faris—present Kelly—present Plawecki—excused Yonker—present
Farrington—present Kesto—present Poleski—present Zemke—present
Forlini—present Kivela—present
e/d/s = entered during session
Rabbi Steven Rubenstein, Rabbi of Congregation Beth Ahm in West Bloomfield, offered the following invocation:
“Jewish tradition teaches us in The Babylonian Talmud, that nearly 1700 years ago Rabbi Hama, the son of Rabbi Hanina asked, ‘What does the Torah mean when it says in the Book of Deuteronomy, ‘You shall walk in the ways of the Lord.’ (Deuteronomy 13:5). Rabbi Hama wants to know, ‘Can a person really walk in the ways of the Divine Presence?’ What might it mean to walk in God’s ways? How can mere human beings aspire to act like God?
Rabbi Hama answers this dilemma. He teaches us, ‘Imitate the ways of God. Just as God clothed the naked, you should clothe the naked. Just as God visited the sick, so you should visit the sick; just as God buried the dead, so you should bury the dead; and just as God comforts the grieving, so you too should comfort the grieving.’
Though we are limited, human beings have the God-given ability to imitate God; to aspire to acts of holiness. These acts of holiness link us with the source of all holiness, HaKadosh Barukh Hu, The Holy Blessed One.
Rabbi Hama points out the acts of loving-kindness that God performed—clothing the naked, visiting the sick, burying the dead, and comforting the grieving. But on most days:
We are empowered to do the deeds of God,
We can choose to be God’s partner to care for those who need assistance,
And we can act to assist those disadvantaged due to physical malady, circumstance or even discrimination.
Rabbi Hama did not mention how God knew that the naked were deserving of clothing, or why the grieving should be comforted; God didn’t check to see if the dead were worthy of an honorable burial, or if the sick should have taken better care of themselves.
Even in a world of limited resources, God’s attitude is to offer help and care to those that need it. So, I pray for the members of this chamber:
Since God created us to be creators ourselves, May the light of creativity shine upon you;
Since God is the one Who presents us with the power to choose our future, May the light of possibility and power shine upon you;
And since God is The Holy Blessed One, the one Who does acts of holiness, may the light of holiness shine upon you, so that today you will walk in the ways of the Lord.”
______
Rep. Singh moved that Rep. Plawecki be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Kivela and Faris offered the following resolution:
House Resolution No. 87.
A resolution to urge the President and Congress of the United States to take action to halt the illegal dumping of foreign steel into the U.S. market.
Whereas, Steel is the backbone of the modern economy, and it contributes to every level of daily life. It supports our bridges, takes our buildings to new heights, and can be found in the everyday appliances in our homes. Michigan’s strong manufacturing sector, particularly our automotive industry, relies extensively on the metal, as does the energy sector’s domestic oil and gas extraction efforts. In fact, in 2014, Michigan and Minnesota shipped 93 percent of usable iron ore products in the United States; and
Whereas, Iron ore mining and manufacturing has been significantly undermined by low-price steel imports from foreign nations. Companies in places like China, South Korea, India, the Philippines, Vietnam, Thailand, Taiwan, and Saudi Arabia are selling their products in the United States at predatory prices. Some estimates state that certain Chinese steel firms retail their products in the United States at 75 percent of the domestic cost of production. A South Korean firm recently retailed its products even lower at 48 percent of the domestic cost of production. This unfair trade puts American mills, and the mines that feed them, at risk; and
Whereas, The economic consequences of steel dumping have begun and will have a lasting detrimental impact on the Michigan economy and the entire nation. Across the Midwest, thousands of steelworkers have already been laid off in recent years, and as mills continue to operate well below their operational capacity, more steelworkers and miners are at risk. As the percentage of foreign steel used in the United States increases, the impacts on American manufacturing will only increase. This could lead to the erosion of enterprises that are critical to our economy and national defense; and
Whereas, The dumping of foreign steel into the United States is a violation of international trade agreements and must be halted. Article VI of the General Agreement on Tariffs and Trade 1994 states that products from another country shall not be introduced into the commerce of another country at a value less than the product’s normal price in the destination country. The Department of Commerce has used the provisions of this article to investigate and take anti-dumping measures against nations in the past. However, this process is slow. So, while nations and companies are being identified, investigated, and punished, American workers are being laid off. Action must be taken to more aggressively identify those violating international trade agreements and punish them accordingly; now, therefore, be it
Resolved by the House of Representatives, That we urge the President and Congress of the United States to take action to halt the illegal dumping of foreign steel into the U.S. market; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, 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 Commerce and Trade.
Reps. Moss, Wittenberg, Plawecki, Cochran, Gay-Dagnogo, Byrd, Garrett, Hoadley, Driskell, Brunner, Smiley, Rutledge, Talabi, Schor, Faris, Townsend, Love, Greimel, Irwin, Zemke, Chang, Banks, Dianda, Pagan, LaVoy, Lane, Durhal, Guerra, Sarah Roberts, Phelps, Derek Miller, Chirkun, Greig, Yanez, Neeley, Dillon, Singh, Brinks, Kivela, Darany, Hovey-Wright, Geiss and Liberati offered the following resolution:
House Resolution No. 88.
A resolution urging the United States Supreme Court to continue its critical role in protecting citizens’ rights under the Fourteenth Amendment of the United States Constitution and urging the states to express support for the Fourteenth Amendment.
Whereas, Our country was founded on the fundamental principle that everyone has the unalienable right to life, liberty, and the pursuit of happiness. In order to protect these rights from abuse, Congress proposed and the states ratified the Bill of Rights as amendments to the United States Constitution; and
Whereas, The weaknesses in our Constitution’s protection of the fundamental and unalienable rights of its people culminated in the deep divides and bitter conflicts of the Civil War. To correct these weaknesses and begin the healing of our nation, Congress and the states adopted three amendments to the Constitution, including the Fourteenth Amendment; and
Whereas, The Fourteenth Amendment to the United States Constitution states in part:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
; and
Whereas, The Fourteenth Amendment has played a critical role in protecting the rights of United States citizens from state and local governments that might otherwise infringe upon those rights. Among other things, the Due Process Clause has ensured that all citizens enjoy the freedom of speech under the First Amendment; are protected against illegal searches and seizures under the Fourth Amendment; have the right to legal counsel despite their means under the Sixth Amendment; and are protected against the infliction of cruel and unusual punishment under the Eighth Amendment; and
Whereas, The Equal Protection Clause of the Fourteenth Amendment was a central force in the civil rights movement as a shield against discriminatory state laws. In the historic Brown v. Board of Education, the U.S. Supreme Court ruled that state laws providing for segregated public schools based on race were unconstitutional. In Loving v. Virginia, the U.S. Supreme Court found state laws that prohibited interracial marriage unconstitutional. Both of these landmark rulings were based on the protections of the Fourteenth Amendment; and
Whereas, The Fourteenth Amendment continues to ensure that citizens in every state share the same rights under our Constitution and receive equal treatment from their government; now, therefore, be it
Resolved by the House of Representatives, That we urge the United States Supreme Court to continue its critical role in protecting citizens’ rights under the Fourteenth Amendment of the United States Constitution; and be it further
Resolved, That we urge the states to express support for the Fourteenth Amendment and the assurances it provides for life, liberty, or property and equal protection for citizens; and be it further
Resolved, That copies of this resolution be transmitted to Justices of the United States Supreme Court, the President of the United States, 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 legislatures of the forty-nine states.
The resolution was referred to the Committee on Judiciary.
Rep. Lauwers offered the following resolution:
House Resolution No. 89.
A resolution to urge the Congress of the United States to pass legislation that establishes a national, uniform, and scientifically-based label program for genetically modified food.
Whereas, Genetically modified organisms, or GMOs, have become increasingly prominent in today’s grocery marketplace. In recent years, scientists have used genetic engineering techniques to modify the DNA of plants to make them resistant to certain pests, diseases, environmental conditions, and chemical treatments. GMOs help increase crop yields, constrain food prices, and vitally support Michigan’s agriculture, food processing, and other industries. Commonly found in crops like corn, soybeans, cotton, and canola, 70 to 80 percent of the foods Americans eat today contain GMOs. In 2014, 100 percent of all sugar, 93 percent of all corn, and 91 percent of all soybeans grown in Michigan were produced using GMOs; and
Whereas, Despite the widespread use of GMOs, there is no federal GMO labeling standard. Absent these rules, some states and localities have developed their own proposals, leading to a patchwork of regulation that can be confusing and possibly misleading to consumers. Moreover, a maze of GMO labeling regulations increases agriculture and food production costs, requiring food companies operating in Michigan to create separate supply chains in each state. Ultimately, this could significantly increase the average price consumers spend at grocery stores, which could average an extra $500 per year according to a Cornell University study; and
Whereas, Federal legislation must be passed to avoid this patchwork of regulations and the costly ramifications it creates. Legislation like the Safe and Accurate Food Labeling Act, H.R. 1599, sponsored by congressmen Pompeo and Butterfield, is a bipartisan solution needed to allow consumers to have access to accurate and consistent information on the products that contain GMOs. A USDA-administered certification and labeling program modeled after the USDA organic labeling program for non-GMO foods would ensure that labeling is nationwide, uniform, and scientifically-based; now, therefore, be it
Resolved by the House of Representatives, That we urge the Congress of the United States to pass legislation that establishes a national, uniform, and scientifically-based label program for genetically modified food; 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 Agriculture.
Messages from the Senate
The Senate requested the return of
House Bill No. 4075, entitled
A bill to amend 1895 PA 161, entitled “An act to require county treasurers to furnish transcripts and abstracts of records, and fixing the fees to be paid therefor,” by amending section 1 (MCL 48.101), as amended by 1984 PA 291.
(The bill was received from the Senate on May 12, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 13, see House Journal No. 45, p. 679.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Nesbitt moved that the request of the Senate be granted.
The motion prevailed.
The Speaker laid before the House
House Bill No. 4054, entitled
A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending sections 2, 4, 16, 17, 43, and 48 (MCL 125.2302, 125.2304, 125.2316, 125.2317, 125.2343, and 125.2348), section 2 as amended by 2012 PA 588, sections 4, 16, and 17 as amended by 2006 PA 328, and section 43 as added by 1988 PA 337, and by adding sections 48b and 50.
(The bill was received from the Senate on May 12, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 13, see House Journal No. 45, p. 679.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 151 Yeas—105
Afendoulis Garcia LaFontaine Price
Banks Garrett Lane Pscholka
Barrett Gay-Dagnogo Lauwers Rendon
Bizon Geiss LaVoy Roberts, B.
Brinks Glardon Leonard Roberts, S.
Brunner Glenn Leutheuser Robinson
Bumstead Goike Liberati Runestad
Byrd Graves Love Rutledge
Callton Greig Lucido Santana
Canfield Greimel Lyons Schor
Chang Guerra Maturen Sheppard
Chatfield Heise McBroom Singh
Chirkun Hoadley McCready Smiley
Clemente Hovey-Wright Miller, A. Somerville
Cole Howrylak Miller, D. Talabi
Cotter Hughes Moss Tedder
Cox Iden Muxlow Theis
Crawford Inman Neeley Townsend
Darany Irwin Nesbitt Vaupel
Dianda Jacobsen Outman VerHeulen
Dillon Jenkins Pagan Victory
Driskell Johnson Pagel Webber
Durhal Kelly Pettalia Wittenberg
Faris Kesto Phelps Yanez
Farrington Kivela Poleski Yonker
Forlini Kosowski Potvin Zemke
Franz
Nays—3
Courser Gamrat Hooker
In The Chair: Leonard
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4089, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137.
(The bill was received from the Senate on May 14, with substitute (S-1) and full title inserted, consideration of which, under the rules, was postponed until today, see House Journal No. 47, p. 720.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 152 Yeas—0
Nays—108
Afendoulis Franz Kivela Potvin
Banks Gamrat Kosowski Price
Barrett Garcia LaFontaine Pscholka
Bizon Garrett Lane Rendon
Brinks Gay-Dagnogo Lauwers Roberts, B.
Brunner Geiss LaVoy Roberts, S.
Bumstead Glardon Leonard Robinson
Byrd Glenn Leutheuser Runestad
Callton Goike Liberati Rutledge
Canfield Graves Love Santana
Chang Greig Lucido Schor
Chatfield Greimel Lyons Sheppard
Chirkun Guerra Maturen Singh
Clemente Heise McBroom Smiley
Cole Hoadley McCready Somerville
Cotter Hooker Miller, A. Talabi
Courser Hovey-Wright Miller, D. Tedder
Cox Howrylak Moss Theis
Crawford Hughes Muxlow Townsend
Darany Iden Neeley Vaupel
Dianda Inman Nesbitt VerHeulen
Dillon Irwin Outman Victory
Driskell Jacobsen Pagan Webber
Durhal Jenkins Pagel Wittenberg
Faris Johnson Pettalia Yanez
Farrington Kelly Phelps Yonker
Forlini Kesto Poleski Zemke
In The Chair: Leonard
The Speaker laid before the House
House Bill No. 4091, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
(The bill was received from the Senate on May 14, with substitute (S-1), consideration of which, under the rules, was postponed until today, see House Journal No. 47, p. 721.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 153 Yeas—0
Nays—108
Afendoulis Franz Kivela Potvin
Banks Gamrat Kosowski Price
Barrett Garcia LaFontaine Pscholka
Bizon Garrett Lane Rendon
Brinks Gay-Dagnogo Lauwers Roberts, B.
Brunner Geiss LaVoy Roberts, S.
Bumstead Glardon Leonard Robinson
Byrd Glenn Leutheuser Runestad
Callton Goike Liberati Rutledge
Canfield Graves Love Santana
Chang Greig Lucido Schor
Chatfield Greimel Lyons Sheppard
Chirkun Guerra Maturen Singh
Clemente Heise McBroom Smiley
Cole Hoadley McCready Somerville
Cotter Hooker Miller, A. Talabi
Courser Hovey-Wright Miller, D. Tedder
Cox Howrylak Moss Theis
Crawford Hughes Muxlow Townsend
Darany Iden Neeley Vaupel
Dianda Inman Nesbitt VerHeulen
Dillon Irwin Outman Victory
Driskell Jacobsen Pagan Webber
Durhal Jenkins Pagel Wittenberg
Faris Johnson Pettalia Yanez
Farrington Kelly Phelps Yonker
Forlini Kesto Poleski Zemke
In The Chair: Leonard
The Speaker laid before the House
House Bill No. 4093, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
(The bill was received from the Senate on May 14, with substitute (S-1), consideration of which, under the rules, was postponed until today, see House Journal No. 47, p. 721.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 154 Yeas—0
Nays—108
Afendoulis Franz Kivela Potvin
Banks Gamrat Kosowski Price
Barrett Garcia LaFontaine Pscholka
Bizon Garrett Lane Rendon
Brinks Gay-Dagnogo Lauwers Roberts, B.
Brunner Geiss LaVoy Roberts, S.
Bumstead Glardon Leonard Robinson
Byrd Glenn Leutheuser Runestad
Callton Goike Liberati Rutledge
Canfield Graves Love Santana
Chang Greig Lucido Schor
Chatfield Greimel Lyons Sheppard
Chirkun Guerra Maturen Singh
Clemente Heise McBroom Smiley
Cole Hoadley McCready Somerville
Cotter Hooker Miller, A. Talabi
Courser Hovey-Wright Miller, D. Tedder
Cox Howrylak Moss Theis
Crawford Hughes Muxlow Townsend
Darany Iden Neeley Vaupel
Dianda Inman Nesbitt VerHeulen
Dillon Irwin Outman Victory
Driskell Jacobsen Pagan Webber
Durhal Jenkins Pagel Wittenberg
Faris Johnson Pettalia Yanez
Farrington Kelly Phelps Yonker
Forlini Kesto Poleski Zemke
In The Chair: Leonard
The Speaker laid before the House
House Bill No. 4097, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
(The bill was received from the Senate on May 14, with substitute (S-1), consideration of which, under the rules, was postponed until today, see House Journal No. 47, p. 721.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 155 Yeas—0
Nays—108
Afendoulis Franz Kivela Potvin
Banks Gamrat Kosowski Price
Barrett Garcia LaFontaine Pscholka
Bizon Garrett Lane Rendon
Brinks Gay-Dagnogo Lauwers Roberts, B.
Brunner Geiss LaVoy Roberts, S.
Bumstead Glardon Leonard Robinson
Byrd Glenn Leutheuser Runestad
Callton Goike Liberati Rutledge
Canfield Graves Love Santana
Chang Greig Lucido Schor
Chatfield Greimel Lyons Sheppard
Chirkun Guerra Maturen Singh
Clemente Heise McBroom Smiley
Cole Hoadley McCready Somerville
Cotter Hooker Miller, A. Talabi
Courser Hovey-Wright Miller, D. Tedder
Cox Howrylak Moss Theis
Crawford Hughes Muxlow Townsend
Darany Iden Neeley Vaupel
Dianda Inman Nesbitt VerHeulen
Dillon Irwin Outman Victory
Driskell Jacobsen Pagan Webber
Durhal Jenkins Pagel Wittenberg
Faris Johnson Pettalia Yanez
Farrington Kelly Phelps Yonker
Forlini Kesto Poleski Zemke
In The Chair: Leonard
The Speaker laid before the House
House Bill No. 4103, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), section 236 as amended by 2015 PA 5 and section 236a as amended by 2014 PA 196.
(The bill was received from the Senate on May 14, with substitute (S-1) and full title inserted, consideration of which, under the rules, was postponed until today, see House Journal No. 47, p. 721.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 156 Yeas—0
Nays—108
Afendoulis Franz Kivela Potvin
Banks Gamrat Kosowski Price
Barrett Garcia LaFontaine Pscholka
Bizon Garrett Lane Rendon
Brinks Gay-Dagnogo Lauwers Roberts, B.
Brunner Geiss LaVoy Roberts, S.
Bumstead Glardon Leonard Robinson
Byrd Glenn Leutheuser Runestad
Callton Goike Liberati Rutledge
Canfield Graves Love Santana
Chang Greig Lucido Schor
Chatfield Greimel Lyons Sheppard
Chirkun Guerra Maturen Singh
Clemente Heise McBroom Smiley
Cole Hoadley McCready Somerville
Cotter Hooker Miller, A. Talabi
Courser Hovey-Wright Miller, D. Tedder
Cox Howrylak Moss Theis
Crawford Hughes Muxlow Townsend
Darany Iden Neeley Vaupel
Dianda Inman Nesbitt VerHeulen
Dillon Irwin Outman Victory
Driskell Jacobsen Pagan Webber
Durhal Jenkins Pagel Wittenberg
Faris Johnson Pettalia Yanez
Farrington Kelly Phelps Yonker
Forlini Kesto Poleski Zemke
In The Chair: Leonard
______
Rep. Cochran entered the House Chambers.
The Speaker laid before the House
House Bill No. 4105, entitled
A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
(The bill was received from the Senate on May 14, with substitute (S-1), consideration of which, under the rules, was postponed until today, see House Journal No. 47, p. 721.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 157 Yeas—0
Nays—109
Afendoulis Franz Kivela Potvin
Banks Gamrat Kosowski Price
Barrett Garcia LaFontaine Pscholka
Bizon Garrett Lane Rendon
Brinks Gay-Dagnogo Lauwers Roberts, B.
Brunner Geiss LaVoy Roberts, S.
Bumstead Glardon Leonard Robinson
Byrd Glenn Leutheuser Runestad
Callton Goike Liberati Rutledge
Canfield Graves Love Santana
Chang Greig Lucido Schor
Chatfield Greimel Lyons Sheppard
Chirkun Guerra Maturen Singh
Clemente Heise McBroom Smiley
Cochran Hoadley McCready Somerville
Cole Hooker Miller, A. Talabi
Cotter Hovey-Wright Miller, D. Tedder
Courser Howrylak Moss Theis
Cox Hughes Muxlow Townsend
Crawford Iden Neeley Vaupel
Darany Inman Nesbitt VerHeulen
Dianda Irwin Outman Victory
Dillon Jacobsen Pagan Webber
Driskell Jenkins Pagel Wittenberg
Durhal Johnson Pettalia Yanez
Faris Kelly Phelps Yonker
Farrington Kesto Poleski Zemke
Forlini
In The Chair: Leonard
The Speaker laid before the House
House Bill No. 4106, entitled
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
(The bill was received from the Senate on May 14, with substitute (S-1), consideration of which, under the rules, was postponed until today, see House Journal No. 47, p. 721.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 158 Yeas—0
Nays—109
Afendoulis Franz Kivela Potvin
Banks Gamrat Kosowski Price
Barrett Garcia LaFontaine Pscholka
Bizon Garrett Lane Rendon
Brinks Gay-Dagnogo Lauwers Roberts, B.
Brunner Geiss LaVoy Roberts, S.
Bumstead Glardon Leonard Robinson
Byrd Glenn Leutheuser Runestad
Callton Goike Liberati Rutledge
Canfield Graves Love Santana
Chang Greig Lucido Schor
Chatfield Greimel Lyons Sheppard
Chirkun Guerra Maturen Singh
Clemente Heise McBroom Smiley
Cochran Hoadley McCready Somerville
Cole Hooker Miller, A. Talabi
Cotter Hovey-Wright Miller, D. Tedder
Courser Howrylak Moss Theis
Cox Hughes Muxlow Townsend
Crawford Iden Neeley Vaupel
Darany Inman Nesbitt VerHeulen
Dianda Irwin Outman Victory
Dillon Jacobsen Pagan Webber
Driskell Jenkins Pagel Wittenberg
Durhal Johnson Pettalia Yanez
Faris Kelly Phelps Yonker
Farrington Kesto Poleski Zemke
Forlini
In The Chair: Leonard
The Speaker laid before the House
House Bill No. 4113, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), section 201 as amended by 2015 PA 5 and section 201a as amended by 2014 PA 196.
(The bill was received from the Senate on May 14, with substitute (S-1) and full title inserted, consideration of which, under the rules, was postponed until today, see House Journal No. 47, p. 721.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 159 Yeas—0
Nays—109
Afendoulis Franz Kivela Potvin
Banks Gamrat Kosowski Price
Barrett Garcia LaFontaine Pscholka
Bizon Garrett Lane Rendon
Brinks Gay-Dagnogo Lauwers Roberts, B.
Brunner Geiss LaVoy Roberts, S.
Bumstead Glardon Leonard Robinson
Byrd Glenn Leutheuser Runestad
Callton Goike Liberati Rutledge
Canfield Graves Love Santana
Chang Greig Lucido Schor
Chatfield Greimel Lyons Sheppard
Chirkun Guerra Maturen Singh
Clemente Heise McBroom Smiley
Cochran Hoadley McCready Somerville
Cole Hooker Miller, A. Talabi
Cotter Hovey-Wright Miller, D. Tedder
Courser Howrylak Moss Theis
Cox Hughes Muxlow Townsend
Crawford Iden Neeley Vaupel
Darany Inman Nesbitt VerHeulen
Dianda Irwin Outman Victory
Dillon Jacobsen Pagan Webber
Driskell Jenkins Pagel Wittenberg
Durhal Johnson Pettalia Yanez
Faris Kelly Phelps Yonker
Farrington Kesto Poleski Zemke
Forlini
In The Chair: Leonard
The Speaker laid before the House
House Bill No. 4115, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 15, 18, 18a, 20, 20d, 20f, 21f, 22a, 22b, 22c, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 95a, 98, 99, 99b, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 213, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699b, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1813, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 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, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 21f, 22c, 22d, 22g, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 43, 95a, 99b, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210, 244, and 258 as amended by 2013 PA 60, and sections 213, 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 55, 65, 67, 99q, 99r, 99s, 210c, 215, 260, and 274c; and to repeal acts and parts of acts.
(The bill was received from the Senate on May 14, with substitute (S-1) and title amendment, consideration of which, under the rules, was postponed until today, see House Journal No. 47, p. 721.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 160 Yeas—0
Nays—109
Afendoulis Franz Kivela Potvin
Banks Gamrat Kosowski Price
Barrett Garcia LaFontaine Pscholka
Bizon Garrett Lane Rendon
Brinks Gay-Dagnogo Lauwers Roberts, B.
Brunner Geiss LaVoy Roberts, S.
Bumstead Glardon Leonard Robinson
Byrd Glenn Leutheuser Runestad
Callton Goike Liberati Rutledge
Canfield Graves Love Santana
Chang Greig Lucido Schor
Chatfield Greimel Lyons Sheppard
Chirkun Guerra Maturen Singh
Clemente Heise McBroom Smiley
Cochran Hoadley McCready Somerville
Cole Hooker Miller, A. Talabi
Cotter Hovey-Wright Miller, D. Tedder
Courser Howrylak Moss Theis
Cox Hughes Muxlow Townsend
Crawford Iden Neeley Vaupel
Darany Inman Nesbitt VerHeulen
Dianda Irwin Outman Victory
Dillon Jacobsen Pagan Webber
Driskell Jenkins Pagel Wittenberg
Durhal Johnson Pettalia Yanez
Faris Kelly Phelps Yonker
Farrington Kesto Poleski Zemke
Forlini
In The Chair: Leonard
Third Reading of Bills
House Bill No. 4568, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80130, 80315, 81114, and 82156 (MCL 324.80130, 324.80315, 324.81114, and 324.82156), as amended by 2011 PA 90.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 161 Yeas—103
Afendoulis Garcia LaFontaine Pscholka
Banks Garrett Lane Rendon
Barrett Gay-Dagnogo Lauwers Roberts, B.
Bizon Geiss LaVoy Roberts, S.
Bumstead Glardon Leonard Robinson
Byrd Glenn Leutheuser Runestad
Callton Goike Love Rutledge
Canfield Graves Lucido Santana
Chang Greig Lyons Schor
Chatfield Guerra Maturen Sheppard
Chirkun Heise McBroom Singh
Clemente Hoadley McCready Smiley
Cochran Hooker Miller, A. Somerville
Cole Hovey-Wright Miller, D. Talabi
Cotter Howrylak Moss Tedder
Courser Hughes Muxlow Theis
Cox Iden Neeley Townsend
Crawford Inman Nesbitt Vaupel
Darany Irwin Outman VerHeulen
Dianda Jacobsen Pagan Victory
Durhal Jenkins Pagel Webber
Faris Johnson Pettalia Wittenberg
Farrington Kelly Phelps Yanez
Forlini Kesto Poleski Yonker
Franz Kivela Potvin Zemke
Gamrat Kosowski Price
Nays—6
Brinks Dillon Greimel Liberati
Brunner Driskell
In The Chair: Leonard
The House agreed to the title of the bill.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4569, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 801, 802, 803b, 803r, 804, 806, 809, 811e, and 811h (MCL 257.801, 257.802, 257.803b, 257.803r, 257.804, 257.806, 257.809, 257.811e, and 257.811h), section 801 as amended by 2012 PA 498, sections 802, 803r, 804, 806, 809, 811e, and 811h as amended by 2011 PA 159, and section 803b as amended by 2015 PA 11.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 162 Yeas—105
Afendoulis Gamrat Kosowski Price
Banks Garcia LaFontaine Pscholka
Barrett Garrett Lane Rendon
Bizon Gay-Dagnogo Lauwers Roberts, B.
Bumstead Geiss LaVoy Roberts, S.
Byrd Glardon Leonard Robinson
Callton Glenn Leutheuser Runestad
Canfield Goike Love Rutledge
Chang Graves Lucido Santana
Chatfield Greig Lyons Schor
Chirkun Guerra Maturen Sheppard
Clemente Heise McBroom Singh
Cochran Hoadley McCready Smiley
Cole Hooker Miller, A. Somerville
Cotter Hovey-Wright Miller, D. Talabi
Courser Howrylak Moss Tedder
Cox Hughes Muxlow Theis
Crawford Iden Neeley Townsend
Darany Inman Nesbitt Vaupel
Dianda Irwin Outman VerHeulen
Dillon Jacobsen Pagan Victory
Driskell Jenkins Pagel Webber
Durhal Johnson Pettalia Wittenberg
Faris Kelly Phelps Yanez
Farrington Kesto Poleski Yonker
Forlini Kivela Potvin Zemke
Franz
Nays—4
Brinks Brunner Greimel Liberati
In The Chair: Leonard
The House agreed to the title of the bill.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 115, entitled
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 163 Yeas—99
Afendoulis Gamrat LaFontaine Pscholka
Banks Garcia Lane Rendon
Barrett Garrett Lauwers Roberts, B.
Bizon Geiss LaVoy Roberts, S.
Bumstead Glardon Leonard Runestad
Byrd Glenn Leutheuser Rutledge
Callton Goike Liberati Santana
Canfield Graves Lucido Schor
Chang Greig Lyons Sheppard
Chatfield Guerra Maturen Singh
Chirkun Heise McBroom Smiley
Clemente Hoadley McCready Somerville
Cochran Hooker Miller, A. Talabi
Cole Hovey-Wright Miller, D. Tedder
Cotter Howrylak Moss Theis
Courser Hughes Muxlow Townsend
Cox Iden Neeley Vaupel
Crawford Inman Nesbitt VerHeulen
Darany Jacobsen Outman Victory
Dianda Jenkins Pagel Webber
Dillon Johnson Pettalia Wittenberg
Durhal Kelly Phelps Yanez
Farrington Kesto Poleski Yonker
Forlini Kivela Potvin Zemke
Franz Kosowski Price
Nays—10
Brinks Faris Irwin Pagan
Brunner Gay-Dagnogo Love Robinson
Driskell Greimel
In The Chair: Leonard
The House agreed to the title of the bill.
Senate Bill No. 118, entitled
A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2016; and 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. Nesbitt moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Singh moved that Rep. Rutledge be excused from the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
House Bill No. 4562, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 24a.
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. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Dianda and Neeley
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Pettalia, Chair, of the Committee on Transportation and Infrastructure, was received and read:
Meeting held on: Tuesday, May 19, 2015
Present: Reps. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Dianda and Neeley
Absent: Rep. Cochran
Excused: Rep. Cochran
The Committee on Judiciary, by Rep. Kesto, Chair, reported
Senate Bill No. 304, entitled
A bill to amend 2008 PA 429, entitled “Scrap metal regulatory act,” by amending section 6 (MCL 445.426), as added by 2014 PA 99.
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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Chang and Guerra
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kesto, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, May 19, 2015
Present: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra
The Committee on Commerce and Trade, by Rep. Graves, Chair, reported
House Bill No. 4052, entitled
A bill to limit the powers of units of local government to adopt, enforce, or administer certain local mandates for employers; to prohibit local minimum wage, benefit, or leave requirements; to prohibit certain ordinances regulating the development of real property within units of local government; and to void local requirements that are adopted in violation of this act.
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. Graves, Sheppard, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn and Leutheuser
Nays: Reps. Schor, Townsend, Byrd, Garrett, Geiss, Love and Moss
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Graves, Chair, of the Committee on Commerce and Trade, was received and read:
Meeting held on: Tuesday, May 19, 2015
Present: Reps. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn, Leutheuser, Schor, Townsend, Byrd, Garrett, Geiss, Love and Moss
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read:
Meeting held on: Tuesday, May 19, 2015
Present: Reps. Heise, Webber, Howrylak, Courser, Lucido, Guerra, Hovey-Wright and Chang
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Callton, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, May 19, 2015
Present: Reps. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Geiss, Neeley and Wittenberg
Absent: Reps. Cochran, Phelps and Liberati
Excused: Reps. Cochran, Phelps and Liberati
Third Reading of Bills
The House returned to the consideration of
Senate Bill No. 118, entitled
A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
(The bill was considered earlier today, see today’s Journal, p. 740.)
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. 164 Yeas—98
Afendoulis Gamrat Lane Price
Barrett Garcia Lauwers Pscholka
Bizon Geiss LaVoy Rendon
Brinks Glardon Leonard Roberts, B.
Bumstead Glenn Leutheuser Roberts, S.
Byrd Goike Liberati Runestad
Callton Graves Love Santana
Canfield Greig Lucido Schor
Chang Guerra Lyons Sheppard
Chatfield Heise Maturen Singh
Chirkun Hoadley McBroom Smiley
Clemente Hooker McCready Somerville
Cochran Hovey-Wright Miller, A. Talabi
Cole Howrylak Miller, D. Tedder
Cotter Hughes Moss Theis
Courser Iden Muxlow Townsend
Cox Inman Neeley Vaupel
Crawford Jacobsen Nesbitt VerHeulen
Darany Jenkins Outman Victory
Dianda Johnson Pagel Webber
Dillon Kelly Pettalia Wittenberg
Durhal Kesto Phelps Yanez
Farrington Kivela Poleski Yonker
Forlini Kosowski Potvin Zemke
Franz LaFontaine
Nays—10
Banks Faris Greimel Pagan
Brunner Garrett Irwin Robinson
Driskell Gay-Dagnogo
In The Chair: Leonard
The House agreed to the title of the bill.
Senate Bill No. 119, entitled
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 165 Yeas—98
Afendoulis Franz Lane Price
Banks Gamrat Lauwers Pscholka
Barrett Garcia LaVoy Rendon
Bizon Geiss Leonard Roberts, B.
Brinks Glardon Leutheuser Roberts, S.
Bumstead Glenn Liberati Runestad
Byrd Goike Love Santana
Callton Graves Lucido Schor
Canfield Greig Lyons Sheppard
Chang Guerra Maturen Singh
Chatfield Heise McBroom Smiley
Chirkun Hoadley McCready Somerville
Clemente Hooker Miller, A. Talabi
Cochran Hovey-Wright Miller, D. Tedder
Cole Howrylak Moss Theis
Cotter Hughes Muxlow Townsend
Courser Iden Neeley Vaupel
Cox Inman Nesbitt VerHeulen
Crawford Jacobsen Outman Victory
Darany Jenkins Pagel Webber
Dianda Johnson Pettalia Wittenberg
Dillon Kelly Phelps Yanez
Durhal Kivela Poleski Yonker
Farrington Kosowski Potvin Zemke
Forlini LaFontaine
Nays—10
Brunner Garrett Irwin Pagan
Driskell Gay-Dagnogo Kesto Robinson
Faris Greimel
In The Chair: Leonard
The House agreed to the title of the bill.
Senate Bill No. 122, entitled
A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2016; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 166 Yeas—99
Afendoulis Franz LaFontaine Price
Banks Gamrat Lane Pscholka
Barrett Garcia Lauwers Rendon
Bizon Geiss LaVoy Roberts, B.
Brinks Glardon Leonard Roberts, S.
Bumstead Glenn Leutheuser Runestad
Byrd Goike Liberati Santana
Callton Graves Love Schor
Canfield Greig Lucido Sheppard
Chang Guerra Lyons Singh
Chatfield Heise Maturen Smiley
Chirkun Hoadley McBroom Somerville
Clemente Hooker McCready Talabi
Cochran Hovey-Wright Miller, A. Tedder
Cole Howrylak Miller, D. Theis
Cotter Hughes Moss Townsend
Courser Iden Muxlow Vaupel
Cox Inman Neeley VerHeulen
Crawford Jacobsen Nesbitt Victory
Darany Jenkins Outman Webber
Dianda Johnson Pagel Wittenberg
Dillon Kelly Pettalia Yanez
Durhal Kesto Phelps Yonker
Farrington Kivela Poleski Zemke
Forlini Kosowski Potvin
Nays—9
Brunner Garrett Greimel Pagan
Driskell Gay-Dagnogo Irwin Robinson
Faris
In The Chair: Leonard
The House agreed to the title of the bill.
Senate Bill No. 124, entitled
A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 167 Yeas—100
Afendoulis Franz Kivela Potvin
Banks Gamrat Kosowski Price
Barrett Garcia LaFontaine Pscholka
Bizon Garrett Lane Rendon
Brinks Gay-Dagnogo Lauwers Roberts, B.
Bumstead Geiss LaVoy Roberts, S.
Byrd Glardon Leonard Runestad
Callton Glenn Leutheuser Santana
Canfield Goike Liberati Schor
Chang Graves Lucido Sheppard
Chatfield Greig Lyons Singh
Chirkun Guerra Maturen Smiley
Clemente Heise McBroom Somerville
Cochran Hoadley McCready Talabi
Cole Hooker Miller, A. Tedder
Cotter Hovey-Wright Miller, D. Theis
Courser Howrylak Moss Townsend
Cox Hughes Muxlow Vaupel
Crawford Iden Neeley VerHeulen
Darany Inman Nesbitt Victory
Dianda Jacobsen Outman Webber
Dillon Jenkins Pagel Wittenberg
Durhal Johnson Pettalia Yanez
Farrington Kelly Phelps Yonker
Forlini Kesto Poleski Zemke
Nays—8
Brunner Faris Irwin Pagan
Driskell Greimel Love Robinson
In The Chair: Leonard
The House agreed to the title of the bill.
Senate Bill No. 125, entitled
A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 168 Yeas—98
Afendoulis Franz LaFontaine Price
Banks Gamrat Lane Pscholka
Barrett Garcia Lauwers Rendon
Bizon Geiss LaVoy Roberts, B.
Brinks Glardon Leonard Roberts, S.
Bumstead Glenn Leutheuser Runestad
Byrd Goike Liberati Santana
Callton Graves Lucido Schor
Canfield Greig Lyons Sheppard
Chang Guerra Maturen Singh
Chatfield Heise McBroom Smiley
Chirkun Hoadley McCready Somerville
Clemente Hooker Miller, A. Talabi
Cochran Hovey-Wright Miller, D. Tedder
Cole Howrylak Moss Theis
Cotter Hughes Muxlow Townsend
Courser Iden Neeley Vaupel
Cox Inman Nesbitt VerHeulen
Crawford Jacobsen Outman Victory
Darany Jenkins Pagel Webber
Dianda Johnson Pettalia Wittenberg
Dillon Kelly Phelps Yanez
Durhal Kesto Poleski Yonker
Farrington Kivela Potvin Zemke
Forlini Kosowski
Nays—10
Brunner Garrett Irwin Pagan
Driskell Gay-Dagnogo Love Robinson
Faris Greimel
In The Chair: Leonard
The House agreed to the title of the bill.
Senate Bill No. 128, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 169 Yeas—99
Afendoulis Franz LaFontaine Price
Banks Gamrat Lane Pscholka
Barrett Garcia Lauwers Rendon
Bizon Geiss LaVoy Roberts, B.
Brinks Glardon Leonard Roberts, S.
Bumstead Glenn Leutheuser Runestad
Byrd Goike Liberati Santana
Callton Graves Love Schor
Canfield Greig Lucido Sheppard
Chang Guerra Lyons Singh
Chatfield Heise Maturen Smiley
Chirkun Hoadley McBroom Somerville
Clemente Hooker McCready Talabi
Cochran Hovey-Wright Miller, A. Tedder
Cole Howrylak Miller, D. Theis
Cotter Hughes Moss Townsend
Courser Iden Muxlow Vaupel
Cox Inman Neeley VerHeulen
Crawford Jacobsen Nesbitt Victory
Darany Jenkins Outman Webber
Dianda Johnson Pagel Wittenberg
Dillon Kelly Pettalia Yanez
Durhal Kesto Phelps Yonker
Farrington Kivela Poleski Zemke
Forlini Kosowski Potvin
Nays—9
Brunner Garrett Greimel Pagan
Driskell Gay-Dagnogo Irwin Robinson
Faris
In The Chair: Leonard
The House agreed to the title of the bill.
Senate Bill No. 131, entitled
A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 170 Yeas—99
Afendoulis Franz LaFontaine Price
Banks Gamrat Lane Pscholka
Barrett Garcia Lauwers Rendon
Bizon Geiss LaVoy Roberts, B.
Brinks Glardon Leonard Roberts, S.
Bumstead Glenn Leutheuser Runestad
Byrd Goike Liberati Santana
Callton Graves Love Schor
Canfield Greig Lucido Sheppard
Chang Guerra Lyons Singh
Chatfield Heise Maturen Smiley
Chirkun Hoadley McBroom Somerville
Clemente Hooker McCready Talabi
Cochran Hovey-Wright Miller, A. Tedder
Cole Howrylak Miller, D. Theis
Cotter Hughes Moss Townsend
Courser Iden Muxlow Vaupel
Cox Inman Neeley VerHeulen
Crawford Jacobsen Nesbitt Victory
Darany Jenkins Outman Webber
Dianda Johnson Pagel Wittenberg
Dillon Kelly Pettalia Yanez
Durhal Kesto Phelps Yonker
Farrington Kivela Poleski Zemke
Forlini Kosowski Potvin
Nays—9
Brunner Garrett Greimel Pagan
Driskell Gay-Dagnogo Irwin Robinson
Faris
In The Chair: Leonard
The House agreed to the title of the bill.
Senate Bill No. 132, entitled
A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 171 Yeas—96
Afendoulis Forlini Kosowski Potvin
Banks Franz LaFontaine Price
Barrett Gamrat Lane Pscholka
Bizon Garcia Lauwers Rendon
Brinks Geiss LaVoy Roberts, B.
Bumstead Glardon Leonard Roberts, S.
Byrd Glenn Leutheuser Runestad
Callton Goike Liberati Santana
Canfield Graves Lucido Schor
Chang Greig Lyons Sheppard
Chatfield Guerra Maturen Smiley
Chirkun Heise McBroom Somerville
Clemente Hooker McCready Talabi
Cochran Hovey-Wright Miller, A. Tedder
Cole Howrylak Miller, D. Theis
Cotter Hughes Moss Townsend
Courser Iden Muxlow Vaupel
Cox Inman Neeley VerHeulen
Crawford Jacobsen Nesbitt Victory
Darany Jenkins Outman Webber
Dianda Johnson Pagel Wittenberg
Dillon Kelly Pettalia Yanez
Durhal Kesto Phelps Yonker
Farrington Kivela Poleski Zemke
Nays—12
Brunner Garrett Hoadley Pagan
Driskell Gay-Dagnogo Irwin Robinson
Faris Greimel Love Singh
In The Chair: Leonard
The House agreed to the title of the bill.
Senate Bill No. 133, entitled
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, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 172 Yeas—100
Afendoulis Franz Kosowski Potvin
Banks Gamrat LaFontaine Price
Barrett Garcia Lane Pscholka
Bizon Garrett Lauwers Rendon
Brinks Geiss LaVoy Roberts, B.
Bumstead Glardon Leonard Roberts, S.
Byrd Glenn Leutheuser Runestad
Callton Goike Liberati Santana
Canfield Graves Love Schor
Chang Greig Lucido Sheppard
Chatfield Guerra Lyons Singh
Chirkun Heise Maturen Smiley
Clemente Hoadley McBroom Somerville
Cochran Hooker McCready Talabi
Cole Hovey-Wright Miller, A. Tedder
Cotter Howrylak Miller, D. Theis
Courser Hughes Moss Townsend
Cox Iden Muxlow Vaupel
Crawford Inman Neeley VerHeulen
Darany Jacobsen Nesbitt Victory
Dianda Jenkins Outman Webber
Dillon Johnson Pagel Wittenberg
Durhal Kelly Pettalia Yanez
Farrington Kesto Phelps Yonker
Forlini Kivela Poleski Zemke
Nays—8
Brunner Faris Greimel Pagan
Driskell Gay-Dagnogo Irwin Robinson
In The Chair: Leonard
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 4553, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f, 9m, and 9n (MCL 211.9f, 211.9m, and 211.9n), sections 9f and 9m as amended by 2014 PA 87 and section 9n as amended by 2013 PA 154.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Maturen moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4554, entitled
A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending sections 3, 5, and 7 (MCL 211.1053, 211.1055, and 211.1057).
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Tax Policy,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Maturen moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4555, entitled
A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending sections 3, 5, and 7 (MCL 211.1073, 211.1075, and 211.1077).
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Tax Policy,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Yonker moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4556, entitled
A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 5, 13, 14, 17, 19, and 20 (MCL 123.1345, 123.1353, 123.1354, 123.1357, 123.1359, and 123.1360).
The bill was read a second time.
Rep. Yonker moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4557, entitled
A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 11a (MCL 207.561a), as added by 2012 PA 397.
The bill was read a second time.
Rep. Townsend moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4558, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3 (MCL 205.93), as amended by 2014 PA 80.
The bill was read a second time.
Rep. Townsend moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Nesbitt moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Franz to the Chair.
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 Friday, May 15:
House Bill Nos. 4598 4599 4600 4601 4602 4603 4604 4605 4606 4607 4608 4609 4610 4611
4612 4613 4614 4615 4616
Senate Bill Nos. 331 332 333 334 335 336 337
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, May 19, for his approval of the following bills:
Enrolled House Bill No. 4076 at 9:33 a.m.
Enrolled House Bill No. 4162 at 9:35 a.m
Enrolled House Bill No. 4163 at 9:37 a.m.
The Clerk announced that the following Senate bills had been received on Tuesday, May 19:
Senate Bill Nos. 144 329
Messages from the Senate
House Bill No. 4017, entitled
A bill to amend 2000 PA 92, entitled “Food law,” (MCL 289.1101 to 289.8111) by amending the title and by adding section 5104.
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.
Senate Bill No. 144, entitled
A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1109, 2129, and 3115 (MCL 289.1109, 289.2129, and 289.3115), section 1109 as amended by 2012 PA 178 and section 2129 as amended by 2014 PA 516.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Senate Bill No. 329, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 644f (MCL 168.644f), as amended by 2012 PA 276.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Elections.
Messages from the Governor
The following message from the Governor was received and read:
May 18, 2015
Gary Randall
Clerk
Michigan House of Representatives
State Capitol
Lansing, Michigan 48909-7509
Dear Mr. Randall:
Attached is a copy of my Special Message on Criminal Justice to the Regular Session of the 98th Michigan Legislature. This message transmitting information on the affairs of state and recommending measures I consider necessary and desirable is presented to the Michigan House of Representatives pursuant to Section 17 of Article V of the Michigan Constitution of 1963.
Sincerely,
Rick Snyder
Governor
May 18, 2015
A Special Message from Governor Rick Snyder:
Criminal Justice
To Michiganders and the Michigan Legislature:
I. Introduction
We see it in the news every day—our criminal justice system in action—police apprehending suspects, juries delivering verdicts, and judges imposing sentences. We hear the tragic stories of victims, and we await punishment of the guilty. But there is much more to our criminal justice system that too often goes overlooked. There are important steps we can take to help victims, prevent crimes before they occur, and provide better outcomes for Michigan.
Let there be no doubt: Protecting the public is the primary purpose of our criminal justice system. Safety and security are essential to a strong economy and a free society. Our system can protect public safety by deterring crime and separate dangerous individuals from society at large. But if we focus on crime and punishment alone, we ignore the opportunity to help break the cycle of crime that plagues too many communities.
We know that most criminals who go to prison will be released one day after they complete their sentence. Wouldn’t it be better for Michigan if they return to their communities, earn a job, and be productive members of society—instead of turning back to a life of crime? There are many examples of individuals who have committed crimes and then turned their lives around to earn places of respect within their communities. Let’s reform our criminal justice system to produce more of those success stories and bring individuals back into the river of opportunity. We’ll do it by imposing the right sanctions while also providing appropriate treatment and training to offenders. Along the way, we must work to ensure that our system is aligned with the needs of employers so that offenders are put into the best position to find meaningful work when they’re released from prison.
To be sure, the criminal justice system is expensive, costing Michigan taxpayers billions of dollars each year. The annual budget of the Department of Corrections alone is over two billion dollars and our county governments spend millions more. We have a responsibility to spend intelligently on programs that work to promote public safety and reform offenders so that we provide the best customer service to Michigan residents. If we want to know what programs actually work, then we need to collect data and devote our resources to proven measures. Finally, we should allocate our resources to address the root causes of criminal behavior, such as mental health issues, substance abuse, child neglect and truancy, which can prevent crimes from happening in the first place.
II. Protecting Crime Victims
There is no amount of money and no form of punishment that can truly make a crime victim whole. Victims suffer the most from crime, and for some, their wounds may never heal. In protecting the public, we must be cognizant of the effects of crime on those victims and take steps to minimize the damaging impacts to the fullest extent possible.
1. Notification of Victim’s Rights
Michigan citizens victimized by crime should be made aware of their special statutory and constitutional rights in a clear and uncomplicated format. We should deliver the initial notice of rights, along with notification of court hearings, expeditiously and in a manner best suited to the victim. While many crime victims prefer to receive their initial notice of rights by mail, many now would rather receive this information electronically, which is both faster and more cost-effective. We should work to make this option available to crime victims statewide.
2. Making Life Safer for Domestic Violence Victims
There are two significant steps Michigan can take to help protect victims of domestic violence. First, I am calling on our Legislature to enact a law that would require law enforcement agencies to provide service of personal protection orders (PPOs) free of charge, thereby eliminating financial barriers for victims who need the assistance of the court system to avoid threats of violence.
To qualify for federal funding, states must certify that petitioners for civil personal protection orders do not “bear the costs” of serving an order. Currently, Michigan satisfies the federal requirement by allowing PPOs to be served by any “legally competent adult.” While relying on the free service provided by a friend or family member may work in most cases, it does not work for every victim and may cause additional safety concerns. Michigan should join the majority of states in using funds collected from PPO violators to fund free personal service of PPOs by law enforcement.
Second, I call on the Legislature to pass pending bills that would permit a survivor of domestic violence, sexual assault, human trafficking, or stalking to apply to have an address designated by the Attorney General to serve as the victim’s address for receiving mail. Allowing perpetrators to have access to a victim’s identifying or location information creates additional opportunity for harmful contact for survivors and their family members that can be avoided.
And as we stand guard against domestic violence, we must also confront violence on our campuses. I will be hosting a summit to raise awareness of this issue and to discuss how we can work together to prevent these crimes.
3. New Tools to Combat Cybercrime
More must be done to help victims of computer crimes. Improving upon the ability of police officers, prosecutors, jurors and judges to understand the significance of cyber-related evidence will help the successful investigation and fair adjudication of cybercrimes, including those related to child sexually abusive materials, stalking, accessing a computer with intent to defraud, point-of-sale attacks, financial institution penetration, unlawful use of a computer system and traditional hacking. These matters often involve complex enterprises that cross traditional geographic boundaries. We need to examine the possibility of expanding venue to allow these cases to be litigated anywhere in the state.
I am directing the Michigan State Police (MSP) to create a joint forensic team and work with the Michigan Department of Technology, Management and Budget (DTMB) where appropriate to aid in the detection and investigation of cybercrimes in Michigan. If venue for cybercrime is expanded statewide, then law enforcement and the legal community will be able to focus resources in a targeted court or courts, which in turn will develop the expertise necessary to effectively combat cybercrime. My office and the joint forensic team, along with a task force of key stakeholders, will work with the Michigan Supreme Court to pilot a “cybercrime court” by coordinating and concentrating state resources to prosecute cybercrime in a small number of venues. This will allow all involved parties to more quickly develop best practices for investigating and prosecuting cybercrime. The task force will also review the criminal laws to determine whether any changes should be made to facilitate the prosecution of cybercrimes.
4. Restitution for Victims of Crime
When a crime occurs, one of the most important things we can do to support crime victims is to require the perpetrator to pay restitution to the victim. Under Michigan law, the collection of restitution for victims is the responsibility of local courts. No statewide department or agency is legally responsible for tracking the enforcement of restitution orders. As a result, we lack reliable information about how frequently restitution is actually paid. To address this shortcoming, I have tasked the Michigan Department of Corrections (MDOC) to take steps to ensure that we are successfully collecting restitution from probationers, prison inmates, and parolees.
III. Law Enforcement
Local and state police are the front lines of our criminal justice system. They are our first responders, they put their lives on the line every day, and we are thankful for the work they do. We are also greatly appreciative of corrections, probation and parole officers who also risk their safety in our prisons, jails and in the field. As our nation is in the midst of a challenging conversation about law enforcement, I’m proud to say that Michigan is leading by example.
The MSP has helped reduce violent crime in some of our state’s most violent cities, and they’re doing it by building strong relationships and working with the communities they serve. Through the Secure Cities Partnership, state police work with local law enforcement and community organizations in Flint, Detroit, Pontiac and Saginaw to reduce crime and improve the quality of life. Today, preliminary data shows that violent crime is down from 2012 numbers by over 10% in Detroit, nearly 38% in Flint, nearly 10% in Pontiac, and over 30% in Saginaw.
There is more, though, we can do to ensure our law enforcement officers continue to provide excellent service to the communities they have sworn to protect, including achieving greater racial and gender diversity in recruitment, engaging in partnerships with our communities, and using the latest technology to increase transparency and protect both law enforcement officers and citizens.
1. Diversity in Recruitment
Those who enforce our laws and work in our jails and prisons should reflect the diversity of the communities that they serve. To achieve that goal, we must continue expanding racial and gender diversity among our law enforcement and corrections professionals.
This year, I have personally called on ministers and community leaders to recommend potential trooper candidates who would serve their neighborhoods, cities and state. I renew that call today, but even more work needs to be done to raise awareness among minorities and women about the exciting and rewarding opportunities awaiting them in law enforcement.
The MSP has done great work in increasing their recruiting outreach efforts with more recruiters, updated training and new technology and tactics to reach more diverse candidates. The department expanded entry-level testing from Lansing, Detroit and Marquette to also include Saginaw, Muskegon, Flint, and Kalamazoo. And since 2012, the MSP has participated in 363 recruiting events or job fairs around the state, with nearly three-quarters of these events in urban areas.
In an effort to reach potential applicants earlier in life, the MSP is including a recruiting message during youth outreach efforts, including the Michigan Youth Leadership Academy (a mentoring program for youth from distressed communities) and a variety of education programs for elementary students across the state. In addition, the MSP is establishing a cadet program for young men and women between 14-18 years of age to enhance community engagement and increase opportunities for youth involvement with the MSP. The cadet program will first be piloted in Saginaw, but may be adapted for implementation in other Secure Cities Partnership areas.
MSP recruiters are also expanding community partnerships to improve recruitment. They have turned to college and university placement offices to work with student athletes, criminal justice majors and other fields of study where candidates have a desire to serve others. I am also asking our MSP to continue to engage their outreach activities with our Armed Forces and to seek qualified Military Police and Law Enforcement personnel who are being released from active duty to consider careers in the MSP.
2. Engaging with Our Communities
Mothers, fathers, children, ministers, teachers, doctors, nurses and business owners of every race and creed must be able to trust those who police their streets. Likewise, our police must know that they have cooperative partners in the community so they can do their jobs effectively. I am proud to report that the MSP is already leading efforts to engage with community leaders in order to strengthen these partnerships.
In coordination with the Office of Urban and Metropolitan Initiatives, the MSP has organized three public safety community forums to increase police-community relations. A forum was held in Flint on September 30, 2013, with approximately 150 attendees; in Saginaw on February 10, 2014, with approximately 100 attendees; and in Inkster on October 9, 2014 with approximately 100 attendees. Forums are currently being planned for this summer in Muskegon Heights and Benton Harbor.
Community Action United Team In Our Neighborhoods (CAUTION). The MSP has established Community Action United Team In Our Neighborhoods (CAUTION)—a statewide partnership with clergy of all faiths to offer support in critical incidents. Under this program, a city’s clergy are part of a quick response team that provides a calming influence and is a liaison between law enforcement and the community. CAUTION members are trained to help diffuse crises, to provide information to their community and to foster improved communications between citizens and law enforcement.
CAUTION was first rolled out in Flint and Saginaw, and today there are approximately 35 CAUTION-trained clergy in these cities. By this summer, CAUTION programs will be established in Inkster, Muskegon Heights, and Benton Harbor. Those members are encouraged to host small community meetings attended by law enforcement to maintain an open dialog where concerns and questions can be discussed.
Advocates and Leaders for Police and Community Trust (ALPACT). Nearly 20 years ago, Advocates and Leaders for Police and Community Trust (ALPACT) was formed in Southeast Michigan with leaders and members of the community, civil rights and civil liberties organizations, and leaders from law enforcement. Members meet regularly to examine issues affecting police and community relations, including community perceptions of discriminatory enforcement of laws, racial profiling, and use of force by police officers. ALPACT members work together to explore strategies to increase opportunities for community partnering and to build stronger foundations for higher levels of community trust of law enforcement.
In 2011, the Michigan Department of Civil Rights (MDCR) began expanding the successful ALPACT model to other cities across the state, including in Grand Rapids, Benton Harbor, Flint and Saginaw. Today, the excellent staff at MDCR is working to start ALPACT organizations in four or five more cities. In addition, the MSP Recruiting and Selection Section personnel along with several MSP post commanders attend ALPACT meetings in Detroit, Flint, Saginaw, and Grand Rapids. I’m calling for ALPACT and CAUTION members to work together and coordinate their efforts to foster even greater communication and collaboration among law enforcement and community leaders across our state.
3. Body Cameras for Law Enforcement
Body cameras and other video recording technologies have emerged as valuable tools for law enforcement because they offer the potential to protect both citizens and officers with increased transparency and accountability. The MSP is supportive of these technologies and is working to pilot-test body camera capabilities. The pilot will help identify a camera that fits the MSP’s needs and assist in developing policies to govern use.
In deployment of this technology, we want to be mindful of officer and citizen privacy. Additionally, we need to make sure appropriate policies and procedures are in place and officers are trained to properly use the technology. Under my direction, the Council on Law Enforcement and Reinvention (CLEAR) has convened a working group on body cameras, and I look forward to receiving and reviewing their recommendations, which are expected by this summer.
IV. Smarter Use of Jails and Prisons
Imprisonment plays an important role in our criminal justice system both by deterring crime and separating wrongdoers from society. But putting people in jail or prison is not always the best answer for all criminal behavior.
It is unwise to send an individual to jail or prison when an alternative sentence, such as probation with treatment of underlying problems like substance abuse, would better protect our communities at lower cost. Likewise, keeping an individual in prison longer than is necessary wastes taxpayer dollars that could be better spent preventing crimes from happening in the first place. At present we have approximately 43,000 incarcerated persons in the Michigan prison system. The average annual cost to the state for housing a prisoner is approximately $35,000.
I am calling for commonsense reforms to ensure that our jails and prisons are used efficiently and appropriately to best serve the public interest and reduce the cost of incarcerating so many people.
1. Pretrial Reform: Better Results, Saving Money
Approximately sixty percent of those housed in our county jails have not been convicted of a crime. Many are held before trial even if they don’t pose a serious risk of flight or threat to public safety. As they sit in jail awaiting trial, they risk losing their jobs, their homes, and even their veteran’s benefits. It’s costly for counties to house people in jail, and it’s costly for those individuals. There are steps we can take to identify those who do not need to be held in custody, saving money and achieving better results.
Before a defendant goes to trial, risk assessment tools can help judges identify low-risk offenders as they decide whether to release them without bonds, or with pretrial supervision in the form of weekly check-ins and electronic monitoring (which in some cases may be paid for by the defendant).
Kent County has done a great job implementing these tools. In Kent, the average stay in jail during the pretrial phase is 75% less than the average of comparable counties without similar programs. This saves money and it improves outcomes for defendants. At sentencing, those who were released from pretrial detention and complied with all of the conditions of release typically receive less harsh sentences than those who have been locked in jail for the entire pretrial phase and have not had an opportunity to show good public behavior to the sentencing judge. In this way, smart pretrial practices lead to better outcomes both before and after sentencing.
I encourage all Michigan counties to consider the benefits of devoting resources to engaging in smart pretrial reform using proven risk assessment tools.
2. Diversion: Tools to Help Offenders Succeed
Under the right circumstances, diverting a person convicted of a crime away from a prison sentence and into a treatment program is better for the public and the offender. For example, if mental health or substance abuse leads someone to crime, then treating those problems can improve their lives and prevent them from committing new crimes. Some diversion programs can be designed so the offender can avoid having a permanent criminal record if they complete the program. That makes it easier for them to return to their community as a productive, employable person.
Prosecutors and judges will not opt for diversion if they can’t access treatment programs that make sense for eligible defendants. We should take steps to ensure that they have the necessary tools to permit diversion when appropriate. Effective treatment programs are expensive, but it is money well spent if offenders turn their lives around. Money we save with criminal justice reforms should be reinvested back into the “front end” of the process to fund treatment programs that will reduce the impact of crime by preventing it before it happens.
Michigan already has some diversion programs in place, administered as stand-alone programs or through problem-solving courts. These courts address substance and alcohol abuse, domestic violence issues, veterans’ issues, and others. Their hallmark is substantial involvement from engaged judges, frequent interaction between the offender and the judge for monitoring, encouragement when things are going well and immediate consequences when they are not. There are also other resources from probation officers, other court officers, and coordination with other service providers to help give the offender every reasonable opportunity to succeed. We should expand the capacity for all courts to implement these processes through better coordination of already available services, partnerships between MDOC and the Michigan Department of Health and Human Services (DHHS), and to remove administrative burdens that otherwise restrict where resources can be placed. Our goal is for as many courts and judges as possible to have the resources of our highly successful problem-solving courts.
It’s a tragedy when Michigan’s youth turn to crime, and it’s an even greater tragedy when they exit our criminal justice system as adults with no good future at all. The Holmes Youthful Trainee Act (HYTA) was enacted in the 1960s to give young offenders between the ages of 17 and 20 an opportunity to plead guilty to their crime and successfully complete a term of supervision or incarceration. In exchange, their offense does not appear on their criminal record. Under HYTA, courts can hold offenders accountable while giving them a second chance to move forward with their lives. Thousands of trainees complete a HYTA sentence each year, which may consist of probation, jail, or time in prison. That’s a good result for our youth and our communities.
I intend to sign three new bills that will expand the use of HYTA, while increasing the public safety aspects of this law and reducing the number of non-violent young offenders entering Michigan’s prison system. These bills will expand HYTA eligibility from an offender’s 21st birthday until their 24th birthday, allowing 21- through 23-year olds to plead guilty to a HYTA offense with the consent of the prosecuting attorney. They also require that a HYTA trainee be in school, working, or actively looking for work to maintain this special status.
It is important that the use of HYTA prison be reserved for those cases where it is necessary to protect public safety. The new legislation will allow the courts to continue to use prison as an option in certain HYTA cases, but will reduce the maximum sentence by one year, while excluding certain non-violent youthful offenders from being housed in prison under HYTA. The legislative package also includes a new provision that will require that HYTA status automatically be revoked if the offender commits a subsequent serious offense. This provision will help ensure that this law is about providing a second chance to youthful offenders, not providing unlimited chances to those that continue to break the law.
3. Criminal Trials
The criminal justice system can only work properly when we have confidence that just verdicts are being reached, resulting in convictions for the appropriate crime when supported by the evidence after a fair trial. Competent and well-trained prosecutors and criminal defense attorneys are necessary to ensure that the system works as intended.
Right to Counsel for Low-Income Michiganders. In 2013, I signed Public Acts 93 and 94, to create the permanent Michigan Indigent Defense Commission (MIDC). This legislation marked an important first step for reform so that Michigan may guarantee the constitutional right to counsel for low-income individuals facing criminal charges. The MIDC has started its work to collect data and establish minimum standards to regulate and make the state’s indigent criminal defense systems more efficient. As these standards are enacted, additional funding from the state will be needed in the form of grants administered by the MIDC so that courts may meet the standards and reform our indigent defense system to protect our communities, our tax dollars and the constitutional rights of all Michiganders. I look forward to working with the Legislature to ensure the ongoing success of the Commission’s efforts and I am excited to watch Michigan become the model for other states to follow.
Training Funds. Our criminal justice system functions best when prosecutors and defense attorneys are well-trained in best practices and the latest developments in criminal law. In recent years, public funds available to support training for the prosecutors and public defenders who serve the public in our criminal courts has been steadily declining. And this funding is scheduled to be eliminated next year. Training is important because it prevents mistakes from happening. Accordingly, we need to investigate ways to ensure that necessary training for prosecutors and public defenders continues.
Helping Exonerees. While we have confidence in our criminal justice system, we know that even the best systems have flaws. Unfortunately, there are instances when innocent people are convicted of crimes they did not commit. Michigan has seen 55 exonerations since 1989 listed on The University of Michigan Law School’s National Registry of Exonerations. Many of those individuals found themselves behind bars because of false accusations, perjured testimony, mistaken identification, or ineffective assistance of counsel. In each case, those individuals were exonerated and set free. As we work to ensure that mistakes like these do not occur in the future, we should also acknowledge that wrongfully accused individuals face unique challenges. Though we can never fully repay them for their hardships, I am calling for legislation that will help exonerees get back on their feet after a wrongful conviction.
4. Sentencing Reform
In a report commissioned by the Legislature and the Governor’s Office, the Justice Center of the Counsel of State Governments (CSG) concluded—after an intensive review of Michigan’s criminal sentencing system—that “Michigan can improve its sentencing system to achieve more consistency and predictability in sentencing outcomes, stabilize and lower costs for the state and counties, and direct resources to reduce recidivism and improve public safety.” In 2014 our Legislature enacted some of the policy changes recommended in the report. I urge the Legislature to make additional reforms this term.
One reform enacted into law last year was the creation of the Criminal Justice Policy Commission. Most states that have sentencing guidelines also have a sentencing commission to provide ongoing recommendations to the Legislature about the effectiveness and appropriateness of the sentencing guidelines, which may need to be adjusted from time to time as public attitudes shift, new crimes are created, and jails and prisons become more or less crowded. Effective this year, Michigan will have a 17-member Criminal Justice Policy Commission to play this important role. The Commission is charged with the responsibility to collect and analyze data relevant to sentencing practices in Michigan and to make policy recommendations to the Legislature about the sentencing guidelines. Additionally, the Commission is empowered to make recommendations to the Legislature about any law, rule, or policy that effects incarceration in Michigan. I am hopeful that the Commission will be able to provide valuable insight to the Legislature leading to the kinds of reforms recommended by CSG and I look forward to receiving the Commission’s recommendations for reform.
5. Probation & Parole Reform
Most individuals convicted of crimes do not go to prison but instead are sentenced to probation. This allows these individuals the opportunity to reform their behavior without the major disruption of prison incarceration. But too many probationers end up in prison serving long detentions as sanctions for violations, including technical violations. Michigan spends $250 million annually to confine revoked probationers in prison for sanction periods that average 25 to 37 months. Likewise, our counties spend $57 million annually for probationers revoked to jails for an average sanction period of seven months. The number of revoked probationers returned to prison has been steadily increasing for the past five years.
To address the growing cost of revoking probation, the CSG report recommended that Michigan incorporate swift and certain principles in community supervision and set clear parameters around the length of confinement as a response to probation violations. Short and certain periods of detention ordered in response to probation violations are equally or more effective than long probation revocations at much lower cost. Accordingly, I am calling on the Legislature to address the problem of unregulated and inconsistent probation violation sanctions. Placing a 30-day cap on sanctions for the most common kinds of probation violations would save millions every year. These savings could be reinvested in substance abuse and mental health treatment to further reduce the incidence of crime and increase public safety.
Also as a result of the work done by the CSG group in 2014, the Legislature has considered a proposal that would have instituted presumptive parole at the earliest release date for inmates determined to have a high probability of success. This reform would result in significant savings without having a substantial negative impact on the rate of recidivism. Money saved paroling those prisoners with a high probability of success could be reinvested at the front end of the criminal justice system with additional resources devoted to treatment to address the root causes of crime and have a much greater positive impact on public safety.
6. Overcriminalization
Michigan’s criminal code is one of the longest in the nation with more than 3,000 separate crimes in statute. Most of these crimes have not undergone review since their enactment. The result is a steady increase in the number of criminal laws that impact Michigan’s residents and the penalties that can result. Between 2008 and 2013, Michigan enacted an average of 45 new laws each year, and the average minimum prison sentence increased 8.5 months between 2006 and 2014. These trends cost taxpayers tens of millions of dollars per year and have resulted in nearly 1% of Michigan’s residents being under the supervision of the MDOC at any given time.
Discussions have already begun in the Legislature about eliminating redundant and outdated crimes. The initial recommendations include many laws that have not been enforced in decades. Under our criminal code today, accepting a challenge to a duel is punishable by up to one year in jail. Posting reproachful or contemptuous language about a person who refuses a duel, on the other hand, is a six-month misdemeanor. Other Michigan crimes include singing the Star Spangled Banner with “embellishments,” and promoting walkathons that last more than 12 hours.
The work to clean up Michigan’s criminal code must continue. Consideration should also be given to the penalties currently in place for a number of laws that are being routinely enforced. Low-level felonies should be reviewed to determine if they are more appropriately classified as misdemeanors and misdemeanors should be reviewed to determine if they should be civil infractions that would not result in a criminal record.
7. Healthcare Costs
One of the biggest cost drivers in our corrections system is health care, and, like health care outside prison walls, some individuals can drive the overall spending in the system. In prison, these can include elderly individuals who have severe and expensive health conditions, like cancer, and in many cases will die behind the prison walls from their illnesses. Now these can be individuals who have committed horrible crimes and they should not be paroled, but their illnesses have left them debilitated and they require constant expensive care, which is funded solely by our general fund. As such, I want to partner with the Legislature to examine this unique issue to try to make reforms that can save taxpayers resources by trying to find the best unique setting or settings for these individuals.
Additionally, within the next month we will be rebidding our prison health care services. Today mental health and physical health services are managed separately, but we will now insist that we integrate care behind the walls. This reform combined with the ability to enroll these individuals into health care programs, like Healthy Michigan, when they leave prison will ensure that there is a continuum of care for these individuals so they can have access to health care services that will aid in their transition to society.
V. Reforming Prison Inmates for Successful Reentry into Society
Most offenders who enter prison will eventually be released back into society. It is in everyone’s best interest to use the time prisoners spend in prison to train them in skills that will help them find employment. A prisoner released from confinement without any skills or ability to earn an honest living is more likely to commit additional crimes than a prisoner who has the ability to secure employment and be productive. For vocational training of prisoners to work, it must be designed to provide inmates with skills that are in demand in Michigan. By devoting resources to smart reentry programs, we can substantially improve the likelihood that persons released from prison will not return.
1. Prisoner Reentry
For too many ex-offenders, returning to prison is the norm, not the exception. Three of every ten offenders released from prison in Michigan are likely to return within three years. While we’ve made improvements with our prisoner reentry programs, we can do better. Recidivism is costly. Victims suffer at the hands of criminals who re-offend; families of those offenders suffer as their loved ones return to prison; and all of us pay the price of incarcerating repeat offenders over again. In total, recidivism costs the MDOC over $150 million per year. If the recidivism rate dropped from 29% down to 24%, Michigan would be in a position to close a prison, which would save tax payers approximately $35 million per year.
Myriad factors contribute to an ex-offender’s return to crime, but one key factor is whether they have a job. Today, Michigan’s economy is on the upswing as more and better jobs are being created. Our unemployment rate is at its lowest level since 2001 and 400,000 private sector jobs have been created since December 2010. Meanwhile, there are 95,000 available jobs in Michigan on MiTalent.org . Our economy is growing, and employers need skilled employees. As offenders serve their time and pay their debt to society, let’s work to make sure they’re qualified for employment when they leave prison.
Some Michigan companies have recognized the benefit of viewing ex-offenders as a source of skilled, motivated workers. Cascade Engineering and Butterball Farms have set the tone in West Michigan by hiring many of these returning citizens. And Sakthi Automotive is now leading the way in Southeast Michigan. The MDOC first engaged with Sakthi Automotive to highlight its vocational CNC and machining programs, which are producing employees ready to work on the first day. Sakthi interviewed ten parolees and hired four on the spot. Within the first week, these four employees were producing parts 30% faster than employees hired off the street. Now Sakthi has asked for thirty additional resumes and plans to hire twenty more workers trained by the MDOC. This is a success story for the individual workers, the company, and all of Michigan. Rather than by relying on government benefits or resorting to new criminal activity, these returning citizens have reentered the mainstream of the river of opportunity.
Despite these success stories, vocational training in prison too often falls short. We can do better. That’s why I’m calling for reform in our reentry system and a smarter effort to educate prisoners, connect them with job opportunities, and prepare them for life outside the prison walls.
The first step to reducing recidivism and preparing offenders for the workforce is to build an infrastructure for success through which we systematically identify the skills that are needed for the jobs that are available and create the capacity to train prisoners for employment. To that end, I’m directing the newly created Talent Investment Agency (TIA) to provide quarterly job-demand data to the MDOC and work with employers to identify specific occupational demands that aren’t being met by our existing workforce.
I’m also calling for TIA and the MDOC, together, to:
• Bring local employment service activities into the prison system as the entry point in connecting career pathways.
• Create partnerships with private industry to design and support targeted vocational training;
• Partner with the Michigan’s Career Tech Prep and TIA to develop contextualized education programs for inmates, allowing offenders to prepare for GED completion while learning valuable vocational skills; and provide wraparound services to hire ex-offenders, including the placement of a parole officer at a workplace if a sufficient number of ex-offender employees are present.
Though offenders today may receive education and job training in our corrections facilities, the MDOC does not have systems in place to ensure that prisoners are preparing for a successful re-entry from day one or that training is completed before offenders are released. In addition to current intake practices, all incoming prisoners should receive a standardized employment skill and aptitude assessment during intake so we know what skills they have, what skills they need, and how to put them on the right track. That assessment should be used to create an individual employment plan to be reviewed with each inmate. The MDOC should also make all reasonable efforts to place inmates in a facility where the needed and appropriate training is available.
We should also take steps to improve the quality of training so inmates are truly prepared for real-world employment and life outside prison—that means hands-on skilled trades training and learning what it means to earn a wage, keep a job, pay bills, find housing, follow the law, and understand that actions have consequences.
The MDOC and TIA should work to develop partnerships with employers to provide qualified inmates who have completed vocational training with opportunities to actually work in a skilled trade and earn a market-rate wage that could go toward victim restitution. Doing so would help inmates develop a work ethic while helping to repay victims and society. The job of putting an offender on the right track doesn’t end when they leave the prison walls. In addition to finding employment, they need proper legal documents like Social Security cards, suitable housing, transportation and access to health care—the absence of which could increase the odds that ex-offenders return to a life of crime, harming victims and costing taxpayers. To help an offender smoothly transition back to society, I’m directing MDOC to ensure that prisoners have all vital documents necessary to begin employment at the day of release. The process for collecting these documents should begin at intake. The MDOC should also connect ex-offenders with all necessary and available services upon release, such as Medicaid or VA services.
2. Certificate of Employability
Many parolees with job skills and a desire to work are still finding it difficult to secure employment upon release from prison. Last year, Michigan enacted a Certificate of Employability law that will help qualified parolees secure employment within their communities. Now all parolees leaving prison receive a document to share with potential employers that describes their offense and the steps they took while incarcerated to prepare for release and employment. This document, which contains information about the offender’s educational and vocational programming, their behavior in prison, and reports from their supervisors, will allow employers to better ascertain the qualifications of offenders lacking a work history or references from their time prior to incarceration. This information will help guide the hiring decisions of employers and hopefully help eliminate the stigma of hiring returning citizens.
Certain qualified parolees also receive a second document, called a “Certificate of Employability,” which is issued only to those parolees who have successfully completed a vocational skills program, maintained an exemplary conduct record while in prison, and completed a nationally recognized job skills assessment at a level where a National Career Readiness Certificate can be issued. Under the new law, an employer that hires a parolee with a “Certificate of Employability” is protected from lawsuits related to the hiring of an employee with a criminal record.
3. Prison Rape Elimination Act
While we work to make prisoners’ time behind bars more productive, it is imperative that we also take the steps necessary to make Michigan’s prisons as safe as possible. In 2014, pursuant to the Prison Rape Elimination Act (PREA), the Department of Justice promulgated national standards to move American prisons toward a goal of zero tolerance for prison rape. Like the majority of other states, Michigan is committed to becoming PREA compliant. Rape and abuse in our prisons cannot be tolerated. Last week I certified to the Department of Justice that Michigan will continue working towards the national zero tolerance standard. Over the past year, the MDOC has taken a number of steps toward PREA compliance. It has moved all male prisoners under the age of 18 to a single facility where they live and complete programming with sight and sound separation from adult prisoners. This allows the MDOC to protect this population while focusing on their specific needs, such as GED completion. The MDOC has begun screening all offenders to ensure that prisoners that may pose a threat to other prisoners are not housed with prisoners that could be victimized. In total, the MDOC has invested over $10 million in physical plant upgrades and staff training to become compliant with PREA. This training now totals more than 70,000 hours for staff that has direct contact with prisoners in MDOC facilities.
VI. Ensuring a Juvenile Justice System that Works for Michigan’s Children
The best opportunity to secure Michigan’s communities is to secure the future of Michigan’s children. More than any other type of offender, it is critical that we work to divert juveniles from the criminal justice system, properly assess the risks and needs of juvenile offenders to ensure the right type and amount of treatment, treat the underlying causes of their behavior, and invest in high-quality, community-based treatment that will better prepare young offenders for long-term success.
Michigan’s juvenile justice system is largely run at the county level. As a result, we have essentially 83 different juvenile justice systems in Michigan. This provides many benefits, such as promoting innovation and allowing local decision-makers to invest in treatment that makes the most sense for their residents. But this system also poses challenges for consistency and accountability of treatment programs statewide.
Removing a juvenile offender from their home and community to place them in a residential treatment facility should be a last resort. Diversion programs keep children out of the juvenile justice system entirely by avoiding an adjudication that would result in a criminal record. Likewise, community-based programming—where available—is generally more effective and less expensive than residential placement. Accordingly, I call on the Legislature to consider amending the Juvenile Diversion Act to encourage diversion as the default placement when appropriate based on needs and risk assessments.
We know that a number of youth do not receive the most appropriate placements or the right type or amount of treatment. It is not uncommon for Michigan youth to experience multiple failed placements, resulting in less effective and costlier treatment. Failed placements can be detrimental and disruptive to youth, contributing to additional misconduct. It is crucial that we use the tools at our disposal to properly treat juvenile offenders the first time they come into contact with the system.
We can be more successful at diversion and placement in treatment programs by using high quality assessments to identify and treat underlying issues that, left untreated, are likely to result in continued criminal behavior. For this reason, it is imperative that quality assessments guide treatment and placement decisions for juvenile offenders. While many counties are using quality assessments to guide treatment, others are not. Too often, placement decisions are driven by anecdotal experience or the cost of treatment. Improper placements lead to poor outcomes for our youth and waste money.
A number of best-practice and evidence-based assessment tools exist that can guide treatment decisions. Use of these assessment tools results in more appropriate placements at the outset. Accordingly, I encourage all counties to use best-practice or evidence-based assessment tools to guide placement decisions. To assist in these efforts, I am asking the DHHS to work with local stakeholders to identify a list of best practice and evidence based tools that counties can adopt. Tools like the Michigan Juvenile Justice Assessment System (MJJAS), currently used by the department, are evidence-based and can be made available to counties at no cost. It is not essential that all counties use the same assessment tool, but it is critical that quality assessments are being used to determine treatment.
Quality treatment options must also be available to support the needs identified when a juvenile is assessed. Unfortunately, that is not the case today. Some counties may have only a handful of juvenile offenders in a given year and as a result are unable to maintain high quality community-based and in-home treatment programs. This is more often the case in our rural communities. Other counties may face fiscal challenges that make it difficult for them to commit funds to the start-up costs necessary install new treatment systems. In order to ensure a basic standard of quality care across Michigan, we must acknowledge the gaps of service that exist. As a state, we should take steps to ensure that all treatment programs—especially those which are funded in part by the state—meet basic quality standards. At a minimum, all programming for youthful offenders should be evidence-based or based on promising practices. That is why I am tasking the DHHS to work with local courts and counties to identify gaps in service in our state and to design a grant program that would allow for the development of a more robust network of community-based programs and in-home care in these areas. I applaud the Legislature for their previous work in this area and look forward to partnering to continue the work.
Finally, we need to do a better job tracking outcomes in the juvenile justice system to understand what approaches to juvenile justice produce the best results. State and county partners invest significant funds into the juvenile justice system each year. Both are working toward the same outcomes, increased public safety and rehabilitated young offenders. However, it is currently not possible to measure the efficacy of juvenile justice programming on recidivism, education outcomes or community public safety. This must change. I am tasking the DHHS to develop and include quality metrics in all future juvenile justice provider contracts, including but not limited to (1) recidivism, (2) number of placements, (3) length of stay, and (4) cost. Additionally, I’m tasking the DHHS to work with the State Court Administrative Office and the Michigan County Court Administrators to develop recommendations related to sharing of county juvenile justice data related to outcomes.
These changes are important because of the people that they affect, people like Alex and his family. Alex was in high school when he was arrested for shoplifting. An assessment showed that he wasn’t a safety risk and that he had a number of issues that needed to be addressed. He was referred to counseling and numerous community-based programs. He was angry at first and informed the counselor that she would get rid of him like everyone else had. Alex did his best to push the counselor away, refusing to complete his treatment requirements, twice. He waited to be kicked out of the program and in some counties he would have been. But the counselor refused to give up on Alex. Together they identified a new set of treatment programs and goals, including a shoplifting remediation program, employment and steps to reconcile with those he’d hurt. This time, Alex completed the treatment. Since his completion, he has rebuilt a relationship with his mom, maintained employment and is doing great.
Alex’s story could have been different if there was no assessment and no available treatment. Thankfully, many counties have already begun the hard work to improve our juvenile justice system and Livingston County, where Alex is from, is one of those counties. By developing a consistent process for quality assessments, investing in proven programs that take a whole-family approach and building strong local partnerships, Livingston has demonstrated how common-sense reforms and strong partnerships can make a big difference.
The results have been dramatic. The number of days Livingston County youth were placed out of home was reduced from 12,827 days in 2011 to 4,393 days in 2014, for a 66% reduction. This means youth and families are receiving the support and treatment they need while still in their home, family, neighborhood and school. The resulting savings to both county and state have also been impressive. The annual cost reduction in Livingston County in 2014, as compared to 2011, was over $900,000, with the state and county sharing equally in the savings. The cumulative savings in just the first three years was over $2.1 million.
We must continue to innovate, invest and work together to improve long-term outcomes for our juveniles and our communities.
Truancy Update. One of the most important risk factors for youth and crime is school attendance. Numerous studies have shown that being absent from school as a child greatly increases the likelihood of committing crimes as an adult. In my 2012 message on public safety I called on state government and community partners to address the problem of truancy. Significant progress has been made on the issue since then. Among other collaborative efforts to combat truancy, the Pathways to Potential program within the DHHS has placed “Success Coaches” in 219 schools to address barriers to self-sufficiency, with a special focus on reducing absenteeism. In the 2013-2014 school year, schools with Success Coaches in the Pathways to Potential program saw an average decrease in chronic absenteeism of 33.91%. In large measure, these good results have been achieved simply by paying attention to when and why kids miss school and then helping families address the underlying barriers to school attendance. If we can keep kids in school, we’re keeping them out of prison. That makes for a stronger community, too.
Michigan can strengthen our efforts to combat truancy by enacting legislation that will establish a statewide definition of truancy, place an emphasis on early intervention into absenteeism, and reform zero tolerance policies that sometimes do more harm than good. Too often, zero tolerance laws have the unintended effect of taking our children out of school and putting them into the juvenile justice system.
VII. Preventing Crime with Stronger Communities
In this message, I have called for reforms to our criminal justice system so we can more effectively protect victims and prevent criminals from committing new crimes. That is what the criminal justice system is designed to do—police apprehend suspects, prosecutors charge the accused, judges and juries find guilt, and prisons punish, detain and attempt to reform the guilty.
Though our system is intended to deter crime by swiftly and justly punishing the guilty, crime remains. We see a cycle of violence where many of our children go from the classroom to the prison cell, never knowing what it means to lead a productive life. The consequences are plain to see in Michigan’s most challenged cities. No matter how good our criminal justice system is, if we don’t solve the root causes of crime, crimes will continue to occur.
The criminal justice system can only do so much—usually only after a crime occurs. That doesn’t mean we shouldn’t work to make our criminal justice system better. Working together, we can achieve great results. But if we care about preventing someone from committing their first crime, we have to change the environment that leads them to it. At the state level, we have undertaken efforts to make that environment better. With the Healthy Michigan Plan, nearly 600,000 low-income Michiganders now have access to health care that they didn’t have before, including treatment for mental health. This removes one more barrier for our fellow citizens to find a job, and that means less of a reason to turn to crime.
We also know that highly concentrated poverty is correlated to crime in our communities. The Michigan State Housing Development Authority, working with the federal government, has undertaken an initiative to decrease the concentration of poverty by encouraging those with housing vouchers to choose better neighborhoods. If recipients exercise that choice, they will have an opportunity to live in more stable communities with better outcomes—hopefully resulting in less crime.
In 2012, the Department of Natural Resources created the Summer Youth Employment Initiative to engage at-risk youth, ages 16 to 19 years old, in the four urban areas in Michigan with the highest crime rate—Flint, Saginaw, Pontiac and Detroit. This program exposes youngsters to the great outdoors, gives them work experience, and provides them direction. It’s one way to help mentor our youth so they focus on positive goals instead of reverting to crime. After the first two summers, nearly 40 percent of the participants have secured employment or gone on to college.
We all have a role to play, and I am calling on our state departments to consider how they can better serve their customers – and our state – by helping to improve the environment in our communities so that together we can break the cycle of crime before it starts.
VIII. Conclusion
When a crime is committed, it is up to the criminal justice system to step in and fulfill its obligation of protecting the public, punishing the guilty and reforming offenders so they do not commit crimes again.
We can make that system smarter and better when we can treat the causes of crime. With successful implementation of the recommended reforms, we can make Michigan stronger and a safer place to live.
The message was referred to the Clerk.
Communications from State Officers
The following communication from the Department of Treasury was received and read:
May 6, 2015
Please find attached one copy of the Personal Property Audit Annual Report for the period January 1, 2014 through December 31, 2014. The report is required by Public Act 59 of 2013, 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.
Sincerely,
David A. Buick, Administrator
Assessment and Certification Division
Bureau of Local Government Services
The communication was referred to the Clerk.
Introduction of Bills
Reps. Faris, Chirkun, Greig, Singh, Irwin, Geiss and Hoadley introduced
House Bill No. 4617, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11518 (MCL 324.11518).
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Reps. Guerra, Moss, Neeley, Phelps, Wittenberg, Brinks, Durhal, Sarah Roberts, Kelly, Maturen, Chirkun, Faris, Rutledge, Glenn and Barrett introduced
House Bill No. 4618, entitled
A bill to amend 1974 PA 370, entitled “Vietnam veteran era bonus act,” by amending sections 2, 7, and 11 (MCL 35.1022, 35.1027, and 35.1031), sections 2 and 11 as amended by 1980 PA 194.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Gamrat, Courser, Glenn and Lucido introduced
House Bill No. 4619, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2012 PA 555, and by adding section 261e.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Pagel introduced
House Bill No. 4620, entitled
A bill to amend 1973 PA 186, entitled “Tax tribunal act,” by amending section 35a (MCL 205.735a), as amended by 2008 PA 125.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Pagel introduced
House Bill No. 4621, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Hovey-Wright, Plawecki, Chirkun, Greig, Darany, Faris, Cochran, Chang, Geiss, Irwin, Smiley, Sarah Roberts and Brinks introduced
House Bill No. 4622, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2950a (MCL 600.2950a), as amended by 2010 PA 19.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Lane introduced
House Bill No. 4623, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 2012 PA 523.
The bill was read a first time by its title and referred to the Committee on Elections.
Rep. Lane introduced
House Bill No. 4624, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 163, 193, 224, and 254 (MCL 168.163, 168.193, 168.224, and 168.254), as amended by 2012 PA 276.
The bill was read a first time by its title and referred to the Committee on Elections.
Rep. Lane introduced
House Bill No. 4625, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 107a.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Rep. Lane introduced
House Bill No. 4626, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 107b.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Rep. Lane introduced
House Bill No. 4627, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2012 PA 48.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Lane introduced
House Bill No. 4628, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2111f.
The bill was read a first time by its title and referred to the Committee on Insurance.
Announcements by the Clerk
May 14, 2015
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit report on the Michigan Youth Challenge Academy, Department of Military and Veterans Affairs, May 2015.
Gary L. Randall
Clerk of the House
______
Rep. Love moved that the House adjourn.
The motion prevailed, the time being 5:05 p.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Wednesday, May 20, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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