No. 29
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
97th Legislature
REGULAR SESSION OF 2013
House Chamber, Lansing, Thursday, March 21, 2013.
12:00 Noon.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Abed—present Genetski—present Lauwers—present Roberts—present
Ananich—present Glardon—present LaVoy—present Robinson—present
Banks—present Goike—present Leonard—present Rogers—present
Barnett—present Graves—present Lipton—present Rutledge—present
Bolger—present Greimel—present Lori—present Santana—present
Brinks—present Haines—present Lund—present Schmidt—present
Brown—present Haugh—present Lyons—present Schor—present
Brunner—present Haveman—present MacGregor—present Segal—present
Bumstead—present Heise—present MacMaster—present Shirkey—present
Callton—present Hobbs—present McBroom—present Singh—present
Cavanagh—present Hooker—present McCann—present Slavens—present
Clemente—present Hovey-Wright—present McCready—present Smiley—present
Cochran—present Howrylak—present McMillin—present Somerville—present
Cotter—present Irwin—present Muxlow—present Stallworth—present
Crawford—present Jacobsen—present Nathan—present Stamas—present
Daley—present Jenkins—present Nesbitt—present Stanley—present
Darany—present Johnson—present O’Brien—present Switalski—present
Denby—present Kandrevas—present Oakes—present Talabi—present
Dianda—present Kelly—present Olumba—e/d/s Tlaib—present
Dillon—present Kesto—present Outman—present Townsend—present
Driskell—present Kivela—present Pagel—present VerHeulen—present
Durhal—present Knezek—present Pettalia—present Victory—present
Faris—present Kosowski—present Poleski—present Walsh—present
Farrington—present Kowall—present Potvin—present Yanez—present
Forlini—present Kurtz—present Price—present Yonker—present
Foster—present LaFontaine—present Pscholka—present Zemke—present
Franz—present Lamonte—present Rendon—present Zorn—present
Geiss—present Lane—present
e/d/s = entered during session
Fr. Don Klingler, Retired Priest of Saint Margaret’s Church in Otsego, offered the following invocation:
“Heavenly Father, as we gather together this day to begin another day of service to the people of Michigan, we ask that You always be here with Your Presence to remind us of the important truths of living a well grounded life with You as its center. So we ask for the following graces:
1. To remember that we are Your sons and daughters and that every person we encounter is my ‘brother’ or my ‘Sister’.
2. To recognize You in the many ‘God-Moments’ of our day when, because You passionately love us, You reveal Your Presence in another’s kind act to us.…in a smile…in hearing another say ‘I forgive you’…in a sunrise, a sunset, and in the many other ways You desire to show us Your love.
3. To work together for the people of Michigan…to put aside our differences and while trying to be faithful to our respective Parties, to nevertheless, work together to promote the overall good of all our wonderful people.
4. To live out Your primary command to love our God with all our heart and our neighbor as ourselves.
5. To love passionately first God, then our neighbor, our family, our vocation, our calling, our fellow Michiganders by living as best as we can the PRESENT MOMENT (because every moment is Your gift to us) by not worrying about what happened in the past nor worrying about the future (both can be a waste of time)…but by living passionately Your gift of this present moment by doing the best we can and offering it to You.
We conclude by praying: ‘DEAR LORD AND SAVOR WHO SUFFERED SO MUCH FOR US, ON THAT FIRST GOOD FRIDAY…WE LOVE YOU AND GIVE OURSELVES TO YOU. BE WITH EACH OF US NOW AS WE BEGIN THESE IMPORTANT SESSIONS.
GOD LOVE AND BLESS YOU! You are always in my prayers!”
Motions and Resolutions
Reps. Forlini, Pscholka, Bumstead, Kowall, Faris, Lauwers, Outman, Goike, Lane, Brown, Segal, Barnett, Cotter, Crawford, Darany, Denby, Durhal, Geiss, Haines, Heise, Hooker, Hovey-Wright, Lori, Slavens and Talabi offered the following resolution:
House Resolution No. 75.
A resolution to encourage the Secretary of Defense to restore the Tuition Assistance Program for those military personnel currently serving.
Whereas, The federal sequestration policy that went into effect on March 1 will force the U.S. Department of Defense to cut $46 billion in spending by October. One of the casualties of the cuts is the military Tuition Assistance Program for active-duty and reserve members of the armed forces attending school. The Army, Air Force, Marine Corps, and Coast Guard have suspended enrollment of new applicants for the rest of the fiscal year. Troops currently taking classes and pursuing degrees will not have the assistance to complete their programs; and
Whereas, Service members took 870,000 courses and earned 50,000 degrees, diplomas, and certificates last year. Coursework taken while serving provides personal and professional development and ensures that the United States is defended by the most highly skilled armed forces in the world. The Tuition Assistance Program is touted by military recruiters, and many young men and women enlist because of the promised benefit of education assistance. Cutting the program takes away an opportunity for our troops to further their education and use it to support their families and contribute to their communities; and
Whereas, Our troops are serving in harm’s way, some losing friends or returning with physical or emotional scars. They deserve our thanks for their sacrifice, not broken promises. They have earned the chance to finish their studies and graduate with a quality education that will facilitate the transition to the civilian workforce. Our servicemen and women should not be victims of the dysfunction in Washington; now, therefore, be it
Resolved by the House of Representatives, That we encourage the Secretary of Defense to restore the Tuition Assistance Program for those military personnel currently serving; and be it further
Resolved, That copies of this resolution be transmitted to the United States Secretary of Defense, the Secretary of the Army, the Secretary of the Air Force, the Commandant of the Marine Corps, and the Commandant of the Coast Guard.
The resolution was referred to the Committee on Military and Veterans Affairs.
Reps. Franz, Barnett, Brown, Cotter, Crawford, Darany, Denby, Durhal, Geiss, Haines, Heise, Hooker, Hovey-Wright, Howrylak, Lori, Poleski, Roberts, Slavens and Talabi offered the following resolution:
House Resolution No. 76.
A resolution to declare March 21, 2013, as Paralyzed Veterans Awareness Day in the state of Michigan.
Whereas, Throughout the course of American history, courageous men and women have taken up arms to secure, defend, and maintain the principles on which our nation’s freedoms depend; and
Whereas, The willingness of our veterans to give freely and unselfishly of themselves, even their lives, to defend our democratic principles and safeguard our liberty, gives this great nation continued strength and vitality; and
Whereas, Our hearts and thoughts on this special day also turn to those who have been paralyzed. Their sacrifices and hardships endure daily and earn the honor and compassion of a grateful nation; and
Whereas, The members of the House of Representatives, seeking to convey a gratitude to those brave men and women on behalf of an appreciative state, recognize the challenges that these individuals endure on a daily basis. In the expression of that gratitude, we see the need to recognize these individuals; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare March 21, 2013, as Paralyzed Veterans Awareness Day in the state of Michigan. We urge citizens to use this opportunity to recognize the service and sacrifice of our paralyzed veterans and their future challenges.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Potvin, Barnett, Brown, Cotter, Crawford, Darany, Denby, Durhal, Geiss, Haines, Heise, Hovey-Wright, Howrylak, Lori, Poleski, Roberts, Slavens and Talabi offered the following resolution:
House Resolution No. 77.
A resolution to declare April 2013 as Military Child Month in the state of Michigan.
Whereas, The members of the Michigan Legislature consider it a great privilege to recognize this occasion and proudly extend tribute to all the military children for their sacrifices and contributions to their families as this body demonstrates Michigan’s unconditional support for members of the Armed Forces; and
Whereas, More than 20,000 of Michigan’s children and youth have been directly affected by the military deployment of at least one parent; and
Whereas, These children and youth are a source of pride and honor to this state, and it is only fitting that their contributions are recognized, their spirits are celebrated and Michigan’s men and women in uniform know that while they are taking care of us, we are taking care of their children and youth; and
Whereas, More than 500 brave men and women of the Michigan Army and Air National Guard are currently deployed overseas primarily to Afghanistan, but also to Kuwait, Liberia, Germany and other locations around the globe, demonstrating their courage and commitment to freedom; and
Whereas, No one feels the effect of deployments more than the children of deployed members of the armed forces, leaving them without a parent who mentors, counsels, teaches and loves, as these daily struggles and personal sacrifices too often go unnoticed; and
Whereas, The children of military parents are frequently transferred from one school system to another, often in different states, and are unable to become rooted in a single community. This volatility in their young lives can make learning an especially challenging process for they must regularly reorient themselves to new environments and continue to find new friends while leaving others behind; and
Whereas, The recognition of a month of the military child will allow us to pay tribute to military children and youth for their commitments, their struggles and their unconditional support of our troops. Because when parents serve in the military, their kids are heroes too; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 2013 as Military Child Month in the state of Michigan. We urge all residents and business and government leaders to observe the month with appropriate ceremonies and activities that honor, support, and thank military children; and be it further
Resolved, That a copy of this resolution be transmitted to Michigan Department of Military and Veterans Affairs and the Michigan office for the Military Interstate Children’s Compact Commission as evidence of the highest esteem given by the members of the Michigan Legislature.
The question being on the adoption of the resolution,
The resolution was adopted.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Messages from the Senate
House Bill No. 4399, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32514 (MCL 324.32514), as added by 1995 PA 59.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (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. 52 Yeas—104
Abed Franz Lamonte Pscholka
Ananich Geiss Lane Rendon
Banks Genetski Lauwers Robinson
Barnett Glardon LaVoy Rogers
Bolger Goike Leonard Rutledge
Brinks Graves Lipton Santana
Brown Greimel Lori Schmidt
Brunner Haines Lund Schor
Bumstead Haugh Lyons Segal
Callton Haveman MacGregor Shirkey
Cavanagh Heise MacMaster Singh
Clemente Hobbs McBroom Slavens
Cochran Hooker McCann Smiley
Cotter Hovey-Wright McCready Somerville
Crawford Howrylak McMillin Stallworth
Daley Jacobsen Muxlow Stamas
Darany Jenkins Nathan Stanley
Denby Johnson Nesbitt Switalski
Dianda Kelly O’Brien Talabi
Dillon Kesto Oakes Townsend
Driskell Kivela Outman VerHeulen
Durhal Knezek Pagel Victory
Faris Kosowski Pettalia Walsh
Farrington Kowall Poleski Yonker
Forlini Kurtz Potvin Zemke
Foster LaFontaine Price Zorn
Nays—5
Irwin Roberts Tlaib Yanez
Kandrevas
In The Chair: Walsh
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
House Bill No. 4274, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 402d.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 53 Yeas—102
Abed Franz LaFontaine Rendon
Ananich Geiss Lamonte Roberts
Banks Genetski Lane Rogers
Barnett Glardon Lauwers Rutledge
Bolger Graves LaVoy Santana
Brinks Greimel Leonard Schmidt
Brown Haines Lipton Schor
Brunner Haugh Lori Segal
Bumstead Haveman Lyons Shirkey
Callton Heise MacGregor Singh
Cavanagh Hobbs MacMaster Slavens
Clemente Hooker McCann Smiley
Cochran Hovey-Wright McCready Stallworth
Cotter Howrylak Muxlow Stamas
Crawford Irwin Nathan Stanley
Daley Jacobsen Nesbitt Switalski
Darany Jenkins O’Brien Talabi
Denby Johnson Oakes Tlaib
Dianda Kandrevas Outman Townsend
Dillon Kelly Pagel VerHeulen
Driskell Kesto Pettalia Victory
Durhal Kivela Poleski Walsh
Faris Knezek Potvin Yanez
Farrington Kosowski Price Zemke
Forlini Kowall Pscholka Zorn
Foster Kurtz
Nays—7
Goike McBroom Robinson Yonker
Lund McMillin Somerville
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4275, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2212c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 54 Yeas—101
Abed Franz LaFontaine Rendon
Ananich Geiss Lamonte Roberts
Banks Genetski Lane Rogers
Barnett Glardon Lauwers Rutledge
Bolger Graves LaVoy Santana
Brinks Greimel Leonard Schmidt
Brown Haines Lipton Schor
Brunner Haugh Lori Segal
Bumstead Haveman Lyons Shirkey
Callton Heise MacGregor Singh
Cavanagh Hobbs MacMaster Slavens
Clemente Hooker McCann Smiley
Cochran Hovey-Wright McCready Stallworth
Cotter Irwin Muxlow Stamas
Crawford Jacobsen Nathan Stanley
Daley Jenkins Nesbitt Switalski
Darany Johnson O’Brien Talabi
Denby Kandrevas Oakes Tlaib
Dianda Kelly Outman Townsend
Dillon Kesto Pagel VerHeulen
Driskell Kivela Pettalia Victory
Durhal Knezek Poleski Walsh
Faris Kosowski Potvin Yanez
Farrington Kowall Price Zemke
Forlini Kurtz Pscholka Zorn
Foster
Nays—8
Goike Lund McMillin Somerville
Howrylak McBroom Robinson Yonker
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Olumba entered the House Chambers.
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 Wednesday, March 20:
House Bill Nos. 4480 4481 4482 4483 4484 4485 4486
The Clerk announced that the following Senate bill had been received on Thursday, March 21:
Senate Bill No. 264
Reports of Standing Committees
The Committee on Judiciary, by Rep. Cotter, Chair, reported
House Bill No. 4139, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by repealing chapter XII (MCL 772.1 to 772.15).
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. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton and Irwin
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cotter, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Thursday, March 21, 2013
Present: Reps. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Pettalia, Chair, of the Committee on Tourism, was received and read:
Meeting held on: Thursday, March 21, 2013
Present: Reps. Pettalia, Goike, Crawford, Genetski, Rendon, Pagel, Kosowski, Brunner and Kivela
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Poleski, Chair, of the Committee on Financial Liability Reform, was received and read:
Meeting held on: Thursday, March 21, 2013
Present: Reps. Poleski, Victory, Denby, McMillin, Schmidt, Shirkey, Callton, Cavanagh, Talabi, Irwin and Robinson
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nesbitt, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Thursday, March 21, 2013
Present: Reps. Nesbitt, Shirkey, Farrington, Franz, Price, Schmidt, Zorn, Graves, Hobbs, LaVoy, Yanez and Lamonte
Absent: Reps. Jacobsen, Outman, Pettalia, Lauwers, Stallworth, Nathan, Lane and Brunner
Excused: Reps. Jacobsen, Outman, Pettalia, Lauwers, Stallworth, Nathan, Lane and Brunner
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lund, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, March 21, 2013
Present: Reps. Lund, Leonard, Denby, Cotter, Glardon, Goike, LaFontaine, Lyons, Nesbitt, O’Brien, Segal, Lipton, Abed, Cochran and Hovey-Wright
Messages from the Senate
House Bill No. 4398, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32513 (MCL 324.32513), as amended by 2012 PA 247.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4400, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30104 (MCL 324.30104), as amended by 2011 PA 218.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Concurrent Resolution No. 5.
A concurrent resolution prescribing the legislative schedule.
(For text of resolution, see House Journal No. 28, p. 356.)
The Senate has adopted the concurrent resolution and named Senators Booher, Kowall and Pappageorge as co‑sponsors.
The concurrent resolution was referred to the Clerk for record.
Introduction of Bills
Reps. Oakes, Tlaib, Lane, Cavanagh, Brunner, Daley, McBroom, Denby, Foster and Slavens introduced
House Bill No. 4487, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 7 (MCL 125.1657), as amended by 2008 PA 226.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Stallworth, Hobbs, Banks, Talabi, Durhal, Ananich, Knezek, Tlaib, Nathan and Santana introduced
House Bill No. 4488, entitled
A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending section 10 (MCL 207.630), as amended by 2010 PA 207.
The bill was read a first time by its title and referred to the Committee on Local Government.
Reps. Stallworth, Hobbs, Durhal, LaVoy and Santana introduced
House Bill No. 4489, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3112 (MCL 324.3112), as amended by 2005 PA 33.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Reps. Stallworth, Hobbs, Townsend, Banks, Talabi, Durhal, Ananich, Knezek, Stanley, Tlaib, Nathan and Oakes introduced
House Bill No. 4490, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1310 and 1311 (MCL 380.1310 and 380.1311), section 1310 as amended by 2000 PA 230 and section 1311 as amended by 2008 PA 1.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. McMillin, Goike, McBroom, Callton, Yonker, Daley, Robinson, Foster, Lori, Howrylak and Olumba introduced
House Bill No. 4491, entitled
A bill to amend 1990 PA 271, entitled “Limousine transportation act,” by amending section 5 (MCL 257.1905).
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Olumba, McMillin, Howrylak and Yonker introduced
House Bill No. 4492, entitled
A bill to prohibit a municipality from prohibiting or imposing certain regulations or conditions on the operation of jitneys; and to impose certain requirements for the operator of a jitney.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Kesto, McCready, Dillon, LaVoy, Bumstead, Haines, Crawford, Johnson, Callton, VerHeulen, Outman, Daley, Hooker, McCann, Yonker, Schmidt, Olumba, Zemke and Ananich introduced
House Bill No. 4493, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2 and 3 (MCL 722.622 and 722.623), section 2 as amended by 2004 PA 563 and section 3 as amended by 2008 PA 510.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Announcements by the Clerk
March 15, 2013
Received from the Michigan Law Revision Commission the 2011 Annual Report to the Legislature, pursuant to Article IV, Section 15 of the Michigan Constitution.
Gary L. Randall
Clerk of the House
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4277, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2010 PA 279.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 55 Yeas—109
Abed Genetski Lauwers Roberts
Ananich Glardon LaVoy Robinson
Banks Goike Leonard Rogers
Barnett Graves Lipton Rutledge
Bolger Greimel Lori Santana
Brinks Haines Lund Schmidt
Brown Haugh Lyons Schor
Brunner Haveman MacGregor Segal
Bumstead Heise MacMaster Shirkey
Callton Hobbs McBroom Singh
Cavanagh Hovey-Wright McCann Slavens
Clemente Howrylak McCready Smiley
Cochran Irwin McMillin Somerville
Cotter Jacobsen Muxlow Stallworth
Crawford Jenkins Nathan Stamas
Daley Johnson Nesbitt Stanley
Darany Kandrevas O’Brien Switalski
Denby Kelly Oakes Talabi
Dianda Kesto Olumba Tlaib
Dillon Kivela Outman Townsend
Driskell Knezek Pagel VerHeulen
Durhal Kosowski Pettalia Victory
Faris Kowall Poleski Walsh
Farrington Kurtz Potvin Yanez
Forlini LaFontaine Price Yonker
Foster Lamonte Pscholka Zemke
Franz Lane Rendon Zorn
Geiss
Nays—1
Hooker
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Hooker, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on issuing conditional liquor licenses. This would allow expansion of these licenses before the proper licensing process has been completed.”
House Bill No. 4376, entitled
A bill to amend 1943 PA 148, entitled “Proprietary schools act,” by amending section 2a (MCL 395.102a), as amended by 2009 PA 212; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 56 Yeas—109
Abed Genetski Lane Rendon
Ananich Glardon Lauwers Roberts
Banks Goike LaVoy Rogers
Barnett Graves Leonard Rutledge
Bolger Greimel Lipton Santana
Brinks Haines Lori Schmidt
Brown Haugh Lund Schor
Brunner Haveman Lyons Segal
Bumstead Heise MacGregor Shirkey
Callton Hobbs MacMaster Singh
Cavanagh Hooker McBroom Slavens
Clemente Hovey-Wright McCann Smiley
Cochran Howrylak McCready Somerville
Cotter Irwin McMillin Stallworth
Crawford Jacobsen Muxlow Stamas
Daley Jenkins Nathan Stanley
Darany Johnson Nesbitt Switalski
Denby Kandrevas O’Brien Talabi
Dianda Kelly Oakes Tlaib
Dillon Kesto Olumba Townsend
Driskell Kivela Outman VerHeulen
Durhal Knezek Pagel Victory
Faris Kosowski Pettalia Walsh
Farrington Kowall Poleski Yanez
Forlini Kurtz Potvin Yonker
Foster LaFontaine Price Zemke
Franz Lamonte Pscholka Zorn
Geiss
Nays—1
Robinson
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4377, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 303a and 411 (MCL 339.303a and 339.411), section 303a as amended by 2006 PA 489 and section 411 as amended by 2008 PA 309; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 57 Yeas—95
Abed Franz Kurtz Poleski
Ananich Genetski LaFontaine Potvin
Bolger Glardon Lamonte Price
Brinks Goike Lane Pscholka
Brown Graves Lauwers Rendon
Brunner Greimel Leonard Rogers
Bumstead Haines Lipton Rutledge
Callton Haugh Lori Schmidt
Cavanagh Haveman Lund Schor
Clemente Heise Lyons Segal
Cochran Hobbs MacGregor Shirkey
Cotter Hooker MacMaster Slavens
Crawford Hovey-Wright McBroom Smiley
Daley Howrylak McCann Somerville
Darany Jacobsen McCready Stamas
Denby Jenkins McMillin Stanley
Dianda Johnson Muxlow Tlaib
Dillon Kandrevas Nesbitt Townsend
Driskell Kelly O’Brien VerHeulen
Durhal Kesto Oakes Victory
Faris Kivela Olumba Walsh
Farrington Knezek Outman Yonker
Forlini Kosowski Pagel Zorn
Foster Kowall Pettalia
Nays—15
Banks LaVoy Santana Talabi
Barnett Nathan Singh Yanez
Geiss Roberts Stallworth Zemke
Irwin Robinson Switalski
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4378, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 411 and 601 (MCL 339.411 and 339.601), section 411 as amended by 2008 PA 309 and section 601 as amended by 2008 PA 319; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 58 Yeas—110
Abed Genetski Lauwers Roberts
Ananich Glardon LaVoy Robinson
Banks Goike Leonard Rogers
Barnett Graves Lipton Rutledge
Bolger Greimel Lori Santana
Brinks Haines Lund Schmidt
Brown Haugh Lyons Schor
Brunner Haveman MacGregor Segal
Bumstead Heise MacMaster Shirkey
Callton Hobbs McBroom Singh
Cavanagh Hooker McCann Slavens
Clemente Hovey-Wright McCready Smiley
Cochran Howrylak McMillin Somerville
Cotter Irwin Muxlow Stallworth
Crawford Jacobsen Nathan Stamas
Daley Jenkins Nesbitt Stanley
Darany Johnson O’Brien Switalski
Denby Kandrevas Oakes Talabi
Dianda Kelly Olumba Tlaib
Dillon Kesto Outman Townsend
Driskell Kivela Pagel VerHeulen
Durhal Knezek Pettalia Victory
Faris Kosowski Poleski Walsh
Farrington Kowall Potvin Yanez
Forlini Kurtz Price Yonker
Foster LaFontaine Pscholka Zemke
Franz Lamonte Rendon Zorn
Geiss Lane
Nays—0
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 411 (MCL 339.411), as amended by 2008 PA 309; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4379, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 50703, 50706, 51101, and 51103 (MCL 324.50703, 324.50706, 324.51101, and 324.51103), sections 50703 and 50706 as added by 1995 PA 57 and sections 51101 and 51103 as amended by 2006 PA 383.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 59 Yeas—105
Abed Genetski Lane Pscholka
Ananich Glardon Lauwers Rendon
Banks Goike LaVoy Rogers
Barnett Graves Leonard Rutledge
Bolger Greimel Lipton Santana
Brinks Haines Lori Schmidt
Brown Haugh Lund Schor
Brunner Haveman Lyons Segal
Bumstead Heise MacGregor Shirkey
Callton Hobbs MacMaster Singh
Cavanagh Hooker McBroom Slavens
Clemente Hovey-Wright McCann Smiley
Cochran Howrylak McCready Somerville
Cotter Jacobsen McMillin Stallworth
Crawford Jenkins Muxlow Stamas
Daley Johnson Nathan Stanley
Darany Kandrevas Nesbitt Switalski
Denby Kelly O’Brien Talabi
Dianda Kesto Oakes Townsend
Dillon Kivela Olumba VerHeulen
Driskell Knezek Outman Victory
Durhal Kosowski Pagel Walsh
Faris Kowall Pettalia Yanez
Farrington Kurtz Poleski Yonker
Forlini LaFontaine Potvin Zemke
Foster Lamonte Price Zorn
Franz
Nays—5
Geiss Roberts Robinson Tlaib
Irwin
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4380, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as added by 2006 PA 378.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 60 Yeas—105
Abed Genetski Lane Pscholka
Ananich Glardon Lauwers Rendon
Banks Goike LaVoy Rogers
Barnett Graves Leonard Rutledge
Bolger Greimel Lipton Santana
Brinks Haines Lori Schmidt
Brown Haugh Lund Schor
Brunner Haveman Lyons Segal
Bumstead Heise MacGregor Shirkey
Callton Hobbs MacMaster Singh
Cavanagh Hooker McBroom Slavens
Clemente Hovey-Wright McCann Smiley
Cochran Howrylak McCready Somerville
Cotter Jacobsen McMillin Stallworth
Crawford Jenkins Muxlow Stamas
Daley Johnson Nathan Stanley
Darany Kandrevas Nesbitt Switalski
Denby Kelly O’Brien Talabi
Dianda Kesto Oakes Townsend
Dillon Kivela Olumba VerHeulen
Driskell Knezek Outman Victory
Durhal Kosowski Pagel Walsh
Faris Kowall Pettalia Yanez
Farrington Kurtz Poleski Yonker
Forlini LaFontaine Potvin Zemke
Foster Lamonte Price Zorn
Franz
Nays—5
Geiss Roberts Robinson Tlaib
Irwin
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4381, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 303a and 411 (MCL 339.303a and 339.411), section 303a as amended by 2006 PA 489 and section 411 as amended by 2008 PA 309; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 61 Yeas—105
Abed Genetski Lane Pscholka
Ananich Glardon Lauwers Rendon
Banks Goike LaVoy Rogers
Barnett Graves Leonard Rutledge
Bolger Greimel Lipton Santana
Brinks Haines Lori Schmidt
Brown Haugh Lund Schor
Brunner Haveman Lyons Segal
Bumstead Heise MacGregor Shirkey
Callton Hobbs MacMaster Singh
Cavanagh Hooker McBroom Slavens
Clemente Hovey-Wright McCann Smiley
Cochran Howrylak McCready Somerville
Cotter Jacobsen McMillin Stallworth
Crawford Jenkins Muxlow Stamas
Daley Johnson Nathan Stanley
Darany Kandrevas Nesbitt Switalski
Denby Kelly O’Brien Talabi
Dianda Kesto Oakes Townsend
Dillon Kivela Olumba VerHeulen
Driskell Knezek Outman Victory
Durhal Kosowski Pagel Walsh
Faris Kowall Pettalia Yanez
Farrington Kurtz Poleski Yonker
Forlini LaFontaine Potvin Zemke
Foster Lamonte Price Zorn
Franz
Nays—5
Geiss Roberts Robinson Tlaib
Irwin
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4392, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 411 (MCL 339.411), as amended by 2008 PA 309; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 62 Yeas—105
Abed Genetski Lamonte Price
Ananich Glardon Lane Pscholka
Banks Goike Lauwers Rendon
Barnett Graves LaVoy Roberts
Bolger Greimel Leonard Rogers
Brinks Haines Lipton Rutledge
Brown Haugh Lori Santana
Brunner Haveman Lund Schmidt
Bumstead Heise Lyons Schor
Callton Hobbs MacGregor Segal
Cavanagh Hooker MacMaster Shirkey
Clemente Hovey-Wright McBroom Smiley
Cochran Howrylak McCann Somerville
Cotter Irwin McCready Stallworth
Crawford Jacobsen McMillin Stamas
Daley Jenkins Muxlow Stanley
Darany Johnson Nathan Switalski
Denby Kandrevas Nesbitt Talabi
Dianda Kelly O’Brien Tlaib
Dillon Kesto Oakes Townsend
Driskell Kivela Olumba VerHeulen
Durhal Knezek Outman Victory
Faris Kosowski Pagel Walsh
Farrington Kowall Pettalia Yanez
Forlini Kurtz Poleski Yonker
Foster LaFontaine Potvin Zorn
Franz
Nays—5
Geiss Singh Slavens Zemke
Robinson
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4264, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 174a (MCL 750.174a), as amended by 2012 PA 172.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 63 Yeas—102
Abed Geiss Lauwers Pscholka
Ananich Genetski LaVoy Rendon
Banks Glardon Leonard Roberts
Barnett Goike Lipton Rogers
Bolger Graves Lori Rutledge
Brinks Greimel Lund Schmidt
Brown Haines Lyons Schor
Brunner Haugh MacGregor Segal
Bumstead Heise MacMaster Shirkey
Callton Hobbs McBroom Singh
Cavanagh Hooker McCann Slavens
Clemente Hovey-Wright McCready Smiley
Cochran Jacobsen McMillin Somerville
Cotter Jenkins Muxlow Stamas
Crawford Johnson Nathan Stanley
Daley Kandrevas Nesbitt Switalski
Darany Kelly O’Brien Tlaib
Denby Kesto Oakes Townsend
Dianda Kivela Olumba VerHeulen
Dillon Knezek Outman Victory
Driskell Kosowski Pagel Walsh
Faris Kowall Pettalia Yanez
Farrington Kurtz Poleski Yonker
Forlini LaFontaine Potvin Zemke
Foster Lamonte Price Zorn
Franz Lane
Nays—8
Durhal Howrylak Robinson Stallworth
Haveman Irwin Santana Talabi
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4127, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 6b (MCL 765.6b), as amended by 2008 PA 192.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 64 Yeas—109
Abed Genetski Lane Rendon
Ananich Glardon Lauwers Roberts
Banks Goike LaVoy Rogers
Barnett Graves Leonard Rutledge
Bolger Greimel Lipton Santana
Brinks Haines Lori Schmidt
Brown Haugh Lund Schor
Brunner Haveman Lyons Segal
Bumstead Heise MacGregor Shirkey
Callton Hobbs MacMaster Singh
Cavanagh Hooker McBroom Slavens
Clemente Hovey-Wright McCann Smiley
Cochran Howrylak McCready Somerville
Cotter Irwin McMillin Stallworth
Crawford Jacobsen Muxlow Stamas
Daley Jenkins Nathan Stanley
Darany Johnson Nesbitt Switalski
Denby Kandrevas O’Brien Talabi
Dianda Kelly Oakes Tlaib
Dillon Kesto Olumba Townsend
Driskell Kivela Outman VerHeulen
Durhal Knezek Pagel Victory
Faris Kosowski Pettalia Walsh
Farrington Kowall Poleski Yanez
Forlini Kurtz Potvin Yonker
Foster LaFontaine Price Zemke
Franz Lamonte Pscholka Zorn
Geiss
Nays—1
Robinson
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4177, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 316 (MCL 750.316), as amended by 2006 PA 415.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 65 Yeas—110
Abed Genetski Lauwers Roberts
Ananich Glardon LaVoy Robinson
Banks Goike Leonard Rogers
Barnett Graves Lipton Rutledge
Bolger Greimel Lori Santana
Brinks Haines Lund Schmidt
Brown Haugh Lyons Schor
Brunner Haveman MacGregor Segal
Bumstead Heise MacMaster Shirkey
Callton Hobbs McBroom Singh
Cavanagh Hooker McCann Slavens
Clemente Hovey-Wright McCready Smiley
Cochran Howrylak McMillin Somerville
Cotter Irwin Muxlow Stallworth
Crawford Jacobsen Nathan Stamas
Daley Jenkins Nesbitt Stanley
Darany Johnson O’Brien Switalski
Denby Kandrevas Oakes Talabi
Dianda Kelly Olumba Tlaib
Dillon Kesto Outman Townsend
Driskell Kivela Pagel VerHeulen
Durhal Knezek Pettalia Victory
Faris Kosowski Poleski Walsh
Farrington Kowall Potvin Yanez
Forlini Kurtz Price Yonker
Foster LaFontaine Pscholka Zemke
Franz Lamonte Rendon Zorn
Geiss Lane
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4369, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 3, 4, 5, 11a, 501, 502, 654, 921, 1147, 1212, 1228, 1229, and 1280c (MCL 380.3, 380.4, 380.5, 380.11a, 380.501, 380.502, 380.654, 380.921, 380.1147, 380.1212, 380.1228, 380.1229, and 380.1280c), section 3 as amended by 2007 PA 45, sections 4 and 5 as amended by 2011 PA 232, section 11a as amended by 2010 PA 91, sections 501 and 502 as amended by 2011 PA 277, section 1147 as amended by 2012 PA 198, section 1212 as amended by 2003 PA 299, section 1228 as added by 1995 PA 289, section 1229 as amended by 2011 PA 105, and section 1280c as amended by 2011 PA 8, and by adding section 1701b and part 7c.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Lyons moved to amend the bill as follows:
1. Amend page 44, line 15, after “(7)” by inserting “BEGINNING JANUARY 1, 2014, THE STATE SCHOOL REDESIGN OFFICER HAS THE POWER AND DUTY TO ISSUE ORDERS PLACING PUBLIC SCHOOLS THAT ARE ON THE LIST REQUIRED UNDER SUBSECTION (1) IN THE STATE REFORM DISTRICT AND UNDER THE CONTROL OF THE ACHIEVEMENT AUTHORITY AS PROVIDED UNDER THIS SUBSECTION. IF THE STATE SCHOOL REDESIGN OFFICER DETERMINES THAT HE OR SHE WILL ISSUE AN ORDER PLACING A PUBLIC SCHOOL IN THE STATE REFORM DISTRICT AND UNDER THE CONTROL OF THE ACHIEVEMENT AUTHORITY FOR A SCHOOL YEAR, THE STATE SCHOOL REDESIGN OFFICER SHALL ISSUE THAT ORDER AND NOTIFY THE SCHOOL BOARD OR BOARD OF DIRECTORS OPERATING THE PUBLIC SCHOOL OF THAT ORDER DURING THE FIRST WEEK OF JANUARY OF THE CALENDAR YEAR IN WHICH THAT SCHOOL YEAR BEGINS.”.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Goike moved to amend the bill as follows:
1. Amend page 44, line 16, after “(16)” by inserting “AND SUBSECTIONS (19) TO (22)”.
2. Amend page 44, line 24, after “YEARS.” by inserting “HOWEVER, THE STATE SCHOOL REDESIGN OFFICER SHALL NOT ISSUE AN ORDER PLACING A PUBLIC SCHOOL IN THE STATE REFORM DISTRICT AND UNDER THE CONTROL OF THE ACHIEVEMENT AUTHORITY PURSUANT TO THIS SUBDIVISION UNTIL THE EXPIRATION OF 60 DAYS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBDIVISION.”.
3. Amend page 54, line 23, after “CENTER” by striking out “SCHOOL” and inserting “PROGRAM”.
4. Amend page 56, following line 22, by inserting:
“(19) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, AT ANY TIME BEFORE PLACEMENT OF A PUBLIC SCHOOL THAT IS OPERATED BY A SCHOOL DISTRICT AND IS INCLUDED ON THE LIST UNDER SUBSECTION (1) IN THE STATE REFORM DISTRICT AND UNDER THE CONTROL OF THE ACHIEVEMENT AUTHORITY, THE SCHOOL BOARD OF THE PUBLIC SCHOOL OR, FOR A QUALIFIED PUBLIC SCHOOL, THE CHANCELLOR, MAY REQUEST THE INTERMEDIATE SCHOOL DISTRICT IN WHICH THE PUBLIC SCHOOL IS LOCATED TO ASSUME WITH RESPECT TO THE PUBLIC SCHOOL THE FUNCTIONS AND RESPONSIBILITIES THAT THE ACHIEVEMENT AUTHORITY HAS UNDER THIS SECTION FOR A PUBLIC SCHOOL PLACED IN THE STATE REFORM DISTRICT AND UNDER THE CONTROL OF THE ACHIEVEMENT AUTHORITY. WITHIN 30 DAYS AFTER RECEIVING THE REQUEST, THE INTERMEDIATE SCHOOL DISTRICT SHALL DETERMINE WHETHER TO ASSUME THOSE FUNCTIONS AND RESPONSIBILITIES, AND SHALL HAVE 30 DAYS AFTER THE REQUEST IS RECEIVED TO APPROVE AND GIVE EFFECT TO AN AGREEMENT FOR THIS PURPOSE WITH THE SCHOOL BOARD OF THE PUBLIC SCHOOL. UPON THE AGREEMENT TAKING EFFECT WITHIN THIS TIME PERIOD, ALL OF THE FUNCTIONS AND RESPONSIBILITIES THAT THE ACHIEVEMENT AUTHORITY HAS UNDER THIS SECTION FOR A PUBLIC SCHOOL PLACED IN THE STATE REFORM DISTRICT AND UNDER THE CONTROL OF THE ACHIEVEMENT AUTHORITY ARE ASSUMED AND MAY BE EXERCISED BY THE INTERMEDIATE SCHOOL DISTRICT WITH RESPECT TO THE PUBLIC SCHOOL. BEGINNING ON THE EFFECTIVE DATE OF THE AGREEMENT, THE PUBLIC SCHOOL SHALL NOT BE PLACED IN OR BE A PART OF THE STATE REFORM DISTRICT AND UNDER THE CONTROL OF THE ACHIEVEMENT AUTHORITY UNLESS ANY OF THE FOLLOWING OCCUR:
(A) THE PUBLIC SCHOOL HAS APPEARED ON THE LIST UNDER SUBSECTION (1) FOR AT LEAST 3 CONSECUTIVE YEARS REPRESENTING 3 FULL SCHOOL YEARS AFTER THE INTERMEDIATE SCHOOL DISTRICT ASSUMED THE FUNCTIONS AND RESPONSIBILITIES UNDER THIS SUBSECTION WITH RESPECT TO THE PUBLIC SCHOOL.
(B) AT ANY TIME AFTER THE INTERMEDIATE SCHOOL DISTRICT ASSUMED THE FUNCTIONS AND RESPONSIBILITIES UNDER THIS SUBSECTION WITH RESPECT TO THE PUBLIC SCHOOL, THE INTERMEDIATE SCHOOL DISTRICT OR THE SCHOOL BOARD OF THE PUBLIC SCHOOL REQUESTS THE SUPERINTENDENT OF PUBLIC INSTRUCTION TO PLACE THE PUBLIC SCHOOL UNDER, OR RETURN THE PUBLIC SCHOOL TO, CONTROL OF THE STATE SCHOOL REDESIGN OFFICER UNDER THIS SECTION, OR, FOR A QUALIFIED PUBLIC SCHOOL, THE CHANCELLOR REQUESTS THAT THE QUALIFIED PUBLIC SCHOOL BE RETURNED TO THE STATE REFORM DISTRICT AND UNDER THE CONTROL OF THE ACHIEVEMENT AUTHORITY.
(C) FOR A PUBLIC SCHOOL THAT IS NOT A QUALIFIED PUBLIC SCHOOL AND THAT APPEARED ON THE LIST UNDER SUBSECTION (1) AT LEAST 3 CONSECUTIVE YEARS IMMEDIATELY PRECEDING THE DATE ON WHICH THE INTERMEDIATE SCHOOL DISTRICT ASSUMED FUNCTIONS AND RESPONSIBILITIES UNDER THIS SUBSECTION, OR SEPTEMBER 1, 2015, WHICHEVER IS LATER, THE STATE SCHOOL REDESIGN OFFICER DETERMINES THAT INSUFFICIENT PROGRESS IS BEING MADE AT THAT PUBLIC SCHOOL.
(20) IF A PUBLIC SCHOOL UNDER THE SUPERVISION OF AN INTERMEDIATE SCHOOL DISTRICT UNDER SUBSECTION (19) ACHIEVES SUFFICIENT IMPROVEMENT WHILE UNDER THE SUPERVISION OF THE INTERMEDIATE SCHOOL DISTRICT, AS EVIDENCED BY IT NOT APPEARING ON THE LIST UNDER SUBSECTION (1) FOR 3 CONSECUTIVE YEARS FOLLOWING THE ASSUMPTION OF FUNCTIONS AND RESPONSIBILITIES BY THE INTERMEDIATE SCHOOL DISTRICT UNDER SUBSECTION (19), THE SCHOOL BOARD OF THE PUBLIC SCHOOL OR FOR A QUALIFIED PUBLIC SCHOOL, THE SCHOOL BOARD OF THE SCHOOL DISTRICT IN WHICH THE QUALIFIED PUBLIC SCHOOL IS LOCATED, MAY ADOPT A RESOLUTION DIRECTING THE INTERMEDIATE SCHOOL DISTRICT TO RETURN THE PUBLIC SCHOOL TO THE CONTROL AND SUPERVISION OF THAT SCHOOL BOARD. UPON RECEIVING SUCH A RESOLUTION, THE INTERMEDIATE SCHOOL BOARD SHALL RETURN THE PUBLIC SCHOOL TO THE CONTROL AND SUPERVISION OF THAT SCHOOL BOARD. IF THE PUBLIC SCHOOL FAILS TO ACHIEVE SUFFICIENT IMPROVEMENT WHILE UNDER THE SUPERVISION OF THE INTERMEDIATE SCHOOL DISTRICT, AS DETERMINED BY THE STATE SCHOOL REDESIGN OFFICER, ALL OF THE FOLLOWING APPLY:
(A) FOR A PUBLIC SCHOOL THAT IS NOT A QUALIFIED PUBLIC SCHOOL, THE STATE SCHOOL REDESIGN OFFICER SHALL ISSUE AN ORDER PLACING THE PUBLIC SCHOOL UNDER THE CONTROL OF THE STATE SCHOOL REDESIGN OFFICER.
(B) FOR A PUBLIC SCHOOL THAT IS A QUALIFIED PUBLIC SCHOOL, THE STATE SCHOOL REDESIGN OFFICER SHALL ISSUE AN ORDER PLACING THE PUBLIC SCHOOL WITHIN THE STATE REFORM DISTRICT AND UNDER THE CONTROL OF THE ACHIEVEMENT AUTHORITY.
(C) THE INTERMEDIATE SCHOOL DISTRICT MAY NOT EXERCISE THE FUNCTIONS AND RESPONSIBILITIES PROVIDED UNDER SUBSECTION (19) WITH RESPECT TO THAT PUBLIC SCHOOL.
(21) AN INTERMEDIATE SCHOOL DISTRICT MAY NOT ENTER INTO AN INTERGOVERMENTAL AGREEMENT TO JOINTLY EXERCISE FUNCTIONS AND RESPONSIBILITIES OR A CONTRACT TO TRANSFER FUNCTIONS AND RESPONSIBILITIES OF AN INTERMEDIATE SCHOOL DISTRICT UNDER SUBSECTIONS (19) AND (20).
(22) AS USED IN SUBSECTIONS (19) AND (20), “QUALIFIED PUBLIC SCHOOL” MEANS A PUBLIC SCHOOL OPERATED BY A SCHOOL DISTRICT THAT IS SUBJECT TO AN ORDER ISSUED BY THE STATE SCHOOL REDESIGN OFFICER PLACING THE PUBLIC SCHOOL IN THE STATE REFORM DISTRICT AND UNDER THE CONTROL OF THE ACHIEVEMENT AUTHORITY AND THAT HAS BEEN WITHIN THE STATE REFORM DISTRICT FOR LESS THAN 1 YEAR.” and renumbering the remaining subsections.
The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Johnson moved to amend the bill as follows:
1. Amend page 59, following line 2, by inserting:
“(25) EMPLOYEES OF A PUBLIC SCHOOL AT THE TIME IT IS PLACED IN THE STATE REFORM DISTRICT AND UNDER THE CONTROL OF THE EDUCATION ACHIEVEMENT AUTHORITY, AND WHO ARE HIRED BY THE EDUCATION ACHIEVEMENT AUTHORITY, WILL CONTINUE TO BE MEMBERS OF THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM UNDER THE MICHIGAN PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1301 TO 38.1437, IF THE PUBLIC SCHOOL WAS OPERATED BY A REPORTING UNIT OF THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM UNDER THAT ACT.” and renumbering the remaining subsection.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 66 Yeas—57
Bolger Heise Lund Potvin
Callton Hooker Lyons Price
Cotter Howrylak MacGregor Pscholka
Crawford Jacobsen MacMaster Rendon
Daley Jenkins McBroom Rogers
Denby Johnson McCready Schmidt
Farrington Kelly McMillin Shirkey
Forlini Kesto Muxlow Somerville
Foster Kowall Nesbitt Stamas
Franz Kurtz O’Brien VerHeulen
Genetski LaFontaine Olumba Victory
Goike Lauwers Outman Walsh
Graves Leonard Pagel Yonker
Haines Lori Poleski Zorn
Haveman
Nays—53
Abed Driskell Kosowski Schor
Ananich Durhal Lamonte Segal
Banks Faris Lane Singh
Barnett Geiss LaVoy Slavens
Brinks Glardon Lipton Smiley
Brown Greimel McCann Stallworth
Brunner Haugh Nathan Stanley
Bumstead Hobbs Oakes Switalski
Cavanagh Hovey-Wright Pettalia Talabi
Clemente Irwin Roberts Tlaib
Cochran Kandrevas Robinson Townsend
Darany Kivela Rutledge Yanez
Dianda Knezek Santana Zemke
Dillon
In The Chair: Walsh
The House agreed to the title of the bill.
______
Rep. Townsend, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
Mr. Speaker, I rise in opposition to HB 4369, legislation that would codify and expand an experimental approach to intervening in troubled schools before we have any results on whether this experiment is working. Why are we doing this?
Everyone in this chamber would acknowledge that our most precious asset is our children. We all know that our first job is to safeguard our children and provide for their future. Yet in this House today, the majority is saying, ‘let’s wing it,’ when it comes to our children’s education. Mr. Speaker, I submit that our children’s education and their future is too precious for us to double down on the Educational Achievement Authority before we have any data on its effectiveness.
But even if there were clear evidence that the EAA’s educational strategies were effective, there is no reason why these approaches cannot be used in community-based public schools. Why do we need to create a new statewide bureaucracy to implement reforms in our public school system? This heavy-handed top down approach is not necessary and not likely to achieve its goals.
I can only conclude that a priority other than the best interest of our students is at work in this legislation. In pushing this legislation, the Republican majority is putting politics above our kids. For this reason, and for the others I have cited, I urge my colleagues to vote no on this legislation.”
Rep. Schor, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
Mr. Speaker, I would like to speak today about the effect this legislation will have on my schools and the students in my school district in the Lansing Public Schools.
Lansing is unique. Eastern High School in the Lansing School District is home to students speaking dozens of languages because they are recent immigrants. Walk the halls and listen to international students from the Congo, Burma, Nepal - the world. Eastern must teach these students to learn a new language and then teach them how to learn. These kids are great and want to learn and be productive students here in Michigan. In Lansing, diversity is an asset. But to the state and the EAA, those new students must pass the same tests given to other more naturally privileged kids - or our Lansing students are considered a failure.
Governor Snyder talks about the need for immigrants here in Michigan and the importance of having communities that are welcoming to all in order to attract talent and bring jobs to Michigan. Well I say to my colleagues, I agree with the Governor. When these children come to America, we need those students to succeed and lead, but the road to success can be bumpy. Lansing knows how to embrace diversity and make students successful - but it takes time, and it takes an investment - not fewer resources directed toward education and schools being taken over under this legislation.
Lansing does have students with challenges. We have a wide variety of socio-economic backgrounds…some middle class and some lower income working families. Our new Superintendent and our school board is working through those problems to help our students. They have priority schools, and have chosen the transformation model - one of the four allowed under the race to the top legislation. Now this legislation will have them taken over by an unaccountable authority. Eastern High School replaced its principal and has complied with the eleven other requirements. The problem is not that the school district is missing the mark…it is that the mark keeps changing!
Lansing schools are complying with current law and helping more and more students succeed, and now the law is poised to change again. EAA does not use the same metrics or assessment instruments to determine student achievement as do the schools that are currently identified as Priority. The EAA reform model is not comprehensive nor does it consider the ‘whole child,’ as it only focuses on content mastery. There are no options for extra-curricular activities like sports, band, orchestra, visual/performing arts, career/technical education, special education, English-language learners, etc. EAA is not required to employ highly qualified teachers like No Child Left Behind is. Under No Child Left Behind, all public schools are required to use highly qualified teachers. So again we are asking for something different from our schools and our children.
Additionally, the No Child Left Behind Act already has in place the provision for state-takeover of schools by the Michigan Department of Education and the State Board of Education, who are elected representatives of the public. This EAA legislation will create a parallel educational bureaucracy when we already have a state education agency. So, we know the State Department of Education is accountable to the people and the elected school board. And to the US Department of Education is, too, because it is required to follow NCLB requirements. But we don’t know who the EAA is accountable to.
This bill also fails to include an in-depth audit of existing issues in the school buildings and districts with concerning performances, and it takes away our local communities’ ability to establish education policy, direct curriculum, and manage community resources. Even worse, it allows for these activities without providing any substantive local controls to establish standards, create missions and goals, monitor performance, or audit the finances of new schools created by HB 4369.
I am also greatly disappointed that the Republican majority in the Michigan House of Representatives REJECTED several common-sense amendments that attempted to fix some of the many problems in this bill. Those amendments include:
- require EAA schools to have the same testing standards as public schools
- require parent groups at EAA schools
- require the EAA to hold monthly public meetings just like public school boards
- limit the terms of EAA members to 4 years
- prohibit EAA schools from converting schools to for-profit charters
- put the EAA under the State Board of Education
- require the State School Board to decide which schools are EAA schools
- require EAA be subject to FOIA
- add a sunset to the legislation
- prevent court shopping
- do an educational and organizational audit
Instead of passing this legislation, we need to focus on helping our local schools do better. This legislation is not good for the students or parents in Lansing or in other schools, and I hope you will join me in voting to reject it.”
______
Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Stamas moved that when the House adjourns today it stand adjourned until Tuesday, April 9, at 1:30 p.m.
The motion prevailed.
Messages from the Senate
Senate Bill No. 264, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301, 3109c, 30105, and 32512a (MCL 324.1301, 324.3109c, 324.30105, and 324.32512a), section 1301 as amended by 2012 PA 249, section 3109c as added by 2006 PA 97, section 30105 as amended by 2009 PA 120, and section 32512a as amended by 2012 PA 247, and by adding sections 30106b and 32515a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Announcements by the Clerk
The Clerk received the following dissent on House Bill No. 4274, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4275, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4277, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4376, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4377, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4378, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4379, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4380, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4381, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4392, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4264, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
______
Rep. Price moved that the House adjourn.
The motion prevailed, the time being 7:35 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, April 9, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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