No. 59

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Wednesday, June 22, 2011.

1:30 p.m.

The House was called to order by the Speaker.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genetski—present Lindberg—present

e/d/s = entered during session

Rep. Rick Olson, from the 55th District, offered the following invocation:

“Let us give thanks for the simple opportunity to be alive, to live in a free country, and to serve the people of Michigan in a capacity that few people ever get to experience.

Please give us the strength and wisdom to do what is right for the people of the state of Michigan and to discuss the serious issues of the day in a civil fashion even when we may disagree.

Help us represent the general interest of the people in this great state of Michigan, and neither the special interests that constantly tuck on our shirt sleeves nor purely partisan positions.

Let us go forth to do our duties to the best of our individual and collective abilities. Amen.”

Motions and Resolutions

Reps. McBroom, Rendon, Daley, Goike, Outman, Kurtz, Nesbitt, Johnson, Denby, LaFontaine, Glardon, Segal, Santana, Talabi, Ananich, Cavanagh, Hovey-Wright, Oakes, Brunner, Smiley, Byrum, Barnett, Constan, Crawford, Darany, Heise, Horn, Huuki, Kandrevas, LeBlanc, Lindberg, Liss, Poleski, Slavens and Tyler offered the following resolution:

House Resolution No. 104.

A resolution to declare June 22, 2011, as Dairy Foods Awareness Day in the state of Michigan.

Whereas, The mission of the Michigan Dairy Foods Association is to support and promote activities designed to improve and maintain the general well-being of the dairy processing industry; and

Whereas, The Michigan Dairy Foods Association is a trade and membership service organization representing all aspects of the dairy processing industry in Michigan. The association’s primary purposes are to assure that a strong environment exists for the creation and maintenance of sound public policy as it relates to all aspects of the dairy processing industry in Michigan, to enhance the position, prestige, and competitive ability of the association’s members, and to provide educational programs to enhance members’ abilities to process and market fine dairy products, packaged waters, and juices in Michigan and throughout the world; and

Whereas, Dairy Foods Awareness Day was established by the Michigan Dairy Foods Association to demonstrate the importance of the dairy processing industry in Michigan and to promote the 3-A-Day concept of three servings of calcium-rich dairy products per day, which helps ensure a healthy diet. We salute the people of the Michigan Dairy Foods Association for their efforts to expand our awareness and knowledge of the dairy processing industry; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 22, 2011, as Dairy Foods Awareness Day in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the organizers of Dairy Foods Awareness Day as evidence of our esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Foster, Hughes, Price, Barnett, Constan, Crawford, Darany, Denby, Heise, Horn, Huuki, Kandrevas, LeBlanc, Lindberg, Liss, Poleski, Slavens and Tyler offered the following resolution:

House Resolution No. 105.

A resolution to declare August 2011 as Camping and Recreational Vehicle Month in the state of Michigan.

Whereas, Michigan has been welcoming campers to its woodlands, freshwater shoreline and inland lakes and streams in two distinct peninsulas, nestled in the middle of the Great Lakes region, for generations; and

Whereas, Michigan has more than 950 licensed private recreational vehicle parks and campgrounds, with more than 111,000 licensed camp sites, and more than 160 county or government operated campgrounds with over 14,700 sites from rustic to full-service around the state; and

Whereas, Michigan is home to 98 state parks and recreation areas and 133 state forest campgrounds under the auspices of the Michigan Department of Natural Resources, as well as 7 forests, parks, and lakeshores in Michigan under the jurisdiction of the U.S. Forest Service, collectively offering 15,000 sites on state and federal lands designated for camping; and

Whereas, Camping is a key contributor to the state’s overall tourism industry of more than $17 billion dollars, offering a true “Pure Michigan” experience; and

Whereas, Camping also encourages visitors and locals alike to partake in activities such as boating, fishing, hunting, snowmobiling, paddling, pedaling, geocaching, nature watching, photography, and other outdoor activities, which also highlight Michigan’s great outdoors; and

Whereas, Michigan boasts two non-profit organizations, the Association of RV Parks and Campgrounds of Michigan and the Michigan Association of Recreational Vehicles and Campgrounds, which equally promote and support private campground and RV parks throughout the state particularly by the distribution of hundreds of thousands of free camping directories at RV and outdoor shows, at statewide chambers of commerce, libraries, lawmakers offices, RV sales businesses, campgrounds and Michigan Travel Information Centers; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare August 2011 as Camping and Recreational Vehicle Month in the state of Michigan. We encourage all citizens to take advantage of our great state’s array of sun, freshwater coastline, woodlands, soft breezes and fresh air where the temperate climate allows for great camping and outdoor recreation.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Oversight, Reform, and Ethics, by Rep. McMillin, Chair, reported

House Bill No. 4458, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2009 PA 210.

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. McMillin, Jacobsen, Denby, Price and Bledsoe

Nays: None

The Committee on Oversight, Reform, and Ethics, by Rep. McMillin, Chair, reported

House Bill No. 4572, entitled

A bill to limit a public employer’s expenditures for health insurance benefits; and to provide for exceptions.

With the recommendation that the substitute (H-7) 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. McMillin, Jacobsen, Denby and Price

Nays: Rep. Bledsoe

The Committee on Oversight, Reform, and Ethics, by Rep. McMillin, Chair, reported

House Bill No. 4770, entitled

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

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. McMillin, Jacobsen, Denby and Price

Nays: Reps. Bledsoe and Brown

The Committee on Oversight, Reform, and Ethics, by Rep. McMillin, Chair, reported

House Bill No. 4771, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 2011 PA 25.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. McMillin, Jacobsen, Denby and Price

Nays: Reps. Bledsoe and Brown

The Committee on Oversight, Reform, and Ethics, by Rep. McMillin, Chair, reported

Senate Joint Resolution C, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 9 to article XI, to provide for establishing uniform cost allocation requirements for health benefits for public employers.

With the recommendation that the substitute (H-2) be adopted and that the joint resolution then be adopted.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. McMillin, Jacobsen, Denby and Price

Nays: Rep. Bledsoe

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. McMillin, Chair, of the Committee on Oversight, Reform, and Ethics, was received and read:

Meeting held on: Tuesday, June 21, 2011

Present: Reps. McMillin, Jacobsen, Denby, Price, Bledsoe and Brown

The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported

House Bill No. 4716, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 36a (MCL 117.36a), as amended by 2011 PA 36.

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. Ouimet, Pettalia, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Townsend, Rutledge and Lane

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 21, 2011

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

The Committee on Banking and Financial Services, by Rep. Knollenberg, Chair, reported

Senate Bill No. 398, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204 and 3205e (MCL 600.3204 and 600.3205e), section 3204 as amended by 2009 PA 29 and section 3205e as added by 2009 PA 31.

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. Knollenberg, Lyons, Farrington, Foster, Huuki, Olson, Pettalia, Womack, Switalski, Clemente and Stanley

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Knollenberg, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Wednesday, June 22, 2011

Present: Reps. Knollenberg, Lyons, Farrington, Foster, Huuki, Olson, Pettalia, Womack, Switalski, Clemente and Stanley

The Committee on Agriculture, by Rep. Daley, Chair, reported

House Bill No. 4567, entitled

A bill to amend 1988 PA 466, entitled “Animal industry act,” (MCL 287.701 to 287.746) by adding section 26a.

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. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Rendon, Santana, Brunner, Talabi, Hovey-Wright and Segal

Nays: None

The Committee on Agriculture, by Rep. Daley, Chair, reported

Senate Bill No. 46, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” (MCL 125.3101 to 125.3702) by adding section 513.

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. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Rendon, Santana, Brunner, Talabi, Hovey-Wright and Segal

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 22, 2011

Present: Reps. Daley, Denby, Kurtz, Tyler, Glardon, Johnson, LaFontaine, McBroom, Rendon, Santana, Brunner, Talabi, Hovey-Wright and Segal

Absent: Reps. Outman and Oakes

Excused: Reps. Outman and Oakes

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

House Bill No. 4700, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1255a.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Scott, Hooker, Crawford, McMillin, Franz, Heise, Hughes, Nesbitt, O’Brien, Price, Shaughnessy, Yonker, Darany and Rutledge

Nays: None

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

House Bill No. 4752, entitled

A bill to amend 2007 PA 106, entitled “Public employees health benefit act,” by amending sections 5 and 15 (MCL 124.75 and 124.85).

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 22, 2011

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

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

House Bill No. 4744, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 513a.

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. Crawford, Yonker, Opsommer, Daley, Stamas, Shirkey, Franz, McBroom, Rendon, Melton, Haugh, Byrum, Slavens and Womack

Nays: Rep. McMillin

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

Senate Bill No. 331, entitled

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

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. Crawford, Yonker, Opsommer, Daley, Stamas, Shirkey, Franz, McBroom, Rendon, Melton and Haugh

Nays: Reps. McMillin and Womack

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

House Resolution No. 96.

A resolution to memorialize Congress to modernize the Toxic Substances Control Act (TSCA).

(For text of resolution, see House Journal No. 50, p. 1340.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Crawford, Yonker, Opsommer, Daley, Stamas, Shirkey, Franz, McBroom, Rendon, Melton, Haugh and Womack

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Crawford, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, June 22, 2011

Present: Reps. Crawford, Yonker, Opsommer, Daley, McMillin, Stamas, Shirkey, Franz, McBroom, Rendon, Melton, Haugh, Byrum, Slavens and Womack

The Committee on Government Operations, by Rep. Stamas, Chair, reported

House Bill No. 4792, entitled

A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 63 (MCL 38.1063), as amended by 2002 PA 97.

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. Stamas, Nesbitt, McMillin, Barnett and Kandrevas

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stamas, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Wednesday, June 22, 2011

Present: Reps. Stamas, Nesbitt, McMillin, Barnett and Kandrevas

The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

House Bill No. 4759, entitled

A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 2 (MCL 207.842), as amended by 2008 PA 500.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente, Melton and Olumba

Nays: None

The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

House Bill No. 4781, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2011 PA 14.

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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville and Zorn

Nays: Reps. Switalski, Bledsoe, Haugh, Barnett, Clemente, Melton and Olumba

The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

House Bill No. 4782, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 29 (MCL 421.29), as amended by 2008 PA 480.

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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville and Zorn

Nays: Reps. Switalski, Bledsoe, Haugh, Barnett, Clemente, Melton and Olumba

The Committee on Commerce, by Rep. Wayne Schmidt, Chair, reported

House Bill No. 4788, 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 2 (MCL 207.552), as amended by 2010 PA 273.

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. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Haugh, Barnett, Clemente and Melton

Nays: Rep. Shirkey

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 22, 2011

Present: Reps. Wayne Schmidt, Tyler, Gilbert, Knollenberg, Denby, Lund, Shirkey, Farrington, Glardon, Shaughnessy, Somerville, Zorn, Switalski, Bledsoe, Haugh, Barnett, Clemente, Melton and Olumba

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

House Bill No. 4731, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 321 (MCL 600.321), as amended by 2007 PA 64.

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

Nays: Rep. Dillon

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

House Bill No. 4734, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2008 PA 277.

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

Nays: None

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

House Bill No. 4747, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 2009 PA 137.

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

Nays: Reps. LeBlanc, Bauer, Durhal and Lindberg

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

House Bill No. 4748, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2009 PA 136.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 3, line 12, by striking out “600,000” and inserting “650,000”.

2. Amend page 3, line 13, after “to” by striking out “600,000” and inserting “650,000”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka and Potvin

Nays: Reps. Durhal and Lindberg

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

House Bill No. 4775, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 60101, 60102, 60104, 60105, 60106, 60107, and 60108 (MCL 324.60101, 324.60102, 324.60104, 324.60105, 324.60106, 324.60107, and 324.60108), as added by 1995 PA 57; and to repeal acts and parts of acts.

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

Nays: None

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

House Bill No. 4787, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 408 (MCL 484.1408), as amended by 2010 PA 284.

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. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, Potvin, LeBlanc, Ananich, Bauer, Dillon, Durhal, Lindberg and McCann

Nays: None

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

Senate Bill No. 138, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Moss, Haveman, Agema, Genetski, Kowall, Lori, Rogers, Bumstead, Cotter, Forlini, Goike, Jenkins, MacGregor, MacMaster, Poleski, Pscholka, LeBlanc, Ananich, Bauer, Dillon, Durhal and McCann

Nays: Reps. Potvin and Tlaib

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 22, 2011

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

Absent: Rep. Jackson

Excused: Rep. Jackson

______

The Speaker called the Speaker Pro Tempore to the Chair.

The Speaker laid before the House

House Resolution No. 96.

A resolution to memorialize Congress to modernize the Toxic Substances Control Act (TSCA).

(For text of resolution, see House Journal No. 50, p. 1340.)

(The resolution was reported by the Committee on Regulatory Reform on June 22.)

The question being on the adoption of the resolution,

The resolution was adopted.

Rep. Barnett moved that her name be removed as co‑sponsor of the resolution.

The motion prevailed.

Messages from the Governor

The following line items veto from the Governor was received and read:

Executive Office, Lansing, June 21, 2011

Michigan House of Representatives

State Capitol

Lansing, MI 48909-7536

Ladies and Gentlemen:

Today I have signed Enrolled House Bill 4526, which makes appropriations for various departments and agencies, the judicial branch and the legislative branch for the fiscal year ending September 30, 2012. I have, however, disapproved items pursuant to Section 19 of Article V of the Michigan Constitution of 1963. The specific vetoes are detailed in the attached copy of the bill that has been filed with the Secretary of State.

I have disapproved the following appropriations:

• Precollege engineering appropriation contained in section 1053 (Article VIII), within the Department of Treasury, Michigan Strategic Fund. This proposed appropriation deviates from my original fiscal year 2012 spending recommendation that eliminated state funding, as these programs are available in only two locations in the state and receive support from other contributors.

• Special adoption subsidy proposed appropriation of $4,250,000 contained in section 556(2) (Article X), within the Department of Human Services. I object to this item for several reasons. Federal regulations prohibit an adoption subsidy rate that exceeds the rate paid while the child is in foster care; this policy would, therefore, create ongoing obligations at 100 percent general fund cost. In fact, the general fund burden will increase each year as additional children are adopted, since children can receive adoption subsidies until age 19. Furthermore, the revenue used to create the special subsidy for fiscal year 2012 is only available on a one-time basis.

• Study of mental health illnesses in juvenile justice facilities contained in section 717 (Article X). requiring the Department of Human Services to expend funds for a contract with the Michigan Public Health Institute. I disapprove of this item as it requires the department to contract with a specific vendor.

• Surface mining industry proposed appropriation of $80,000 contained in section 342 (Article XII), within the Department of Licensing and Regulatory Affairs. I disapprove of this item as it singles out a specific industry for preferential treatment.

In providing direction to departments in implementing appropriations contained in Enrolled House Bill 4526, I note the following:

• To the extent the following boilerplate sections modify or amend the provisions of existing statutes, these sections are in contravention of Section 25 of Article IV of the Michigan Constitution of 1963 and unenforceable: section 803 (Article I); section 927 (Article V); section 943 (Article VIII); section 727 (Article XII); section 218 (Article XIII); and section 218 (Article XVI).

• To the extent the following boilerplate sections impose conditions with no appropriations included in part 1 of the related Article, the provisions appear to be outside the scope of the title and object of Enrolled House Bill 4526 and are in contravention of Section 24 of Article IV of the Michigan Constitution of 1963 and unenforceable: section 804 (Article I) and section 927 (Article V).

Enrolled House Bill 4526 also contains numerous boilerplate sections that include statements of legislative intent. We will take these legislative preferences into consideration as departments and agencies implement the appropriations. However, these legislative intent statements do not impose conditions on appropriations and are non-binding upon departments and agencies implementing the appropriations.

I thank the Legislature for adopting this omnibus appropriation bill and for presenting Enrolled House Bill 4526 less than four months from the date I originally outlined my spending plan. Much has been achieved in a very short time and I commend the Legislature on its work. I look forward to continued cooperation as we move forward with Michigan’s reinvention.

Respectfully,

Rick Snyder

Governor

The bill was signed by the Governor June 21, 2011, at 3:15 p.m.

The bill was filed with the Secretary of State June 21, 2011, at 4:02 p.m. and assigned Public Act No. 63, I.E.

The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,

Rep. Stamas moved that the disapproved line items be re-referred to the Committee on Appropriations.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4419, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2009 PA 210.

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

Roll Call No. 208 Yeas—110

Agema Gilbert Lipton Pscholka

Ananich Glardon Liss Rendon

Barnett Goike Lori Rogers

Bauer Haines Lund Rutledge

Bledsoe Hammel Lyons Santana

Bolger Haugh MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Scott

Bumstead Hobbs McCann Segal

Byrum Hooker McMillin Shaughnessy

Callton Horn Meadows Shirkey

Cavanagh Hovey-Wright Melton Slavens

Clemente Howze Moss Smiley

Constan Hughes Muxlow Somerville

Cotter Huuki Nathan Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Genetski Lindberg

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. 4394, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 27c.

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

Roll Call No. 209 Yeas—92

Agema Franz Lane Poleski

Ananich Geiss LeBlanc Potvin

Barnett Genetski Lindberg Price

Bauer Gilbert Liss Pscholka

Bledsoe Glardon Lori Rendon

Bolger Goike Lund Rogers

Brown Haines Lyons Rutledge

Brunner Haugh MacGregor Schmidt, R.

Bumstead Haveman MacMaster Schmidt, W.

Byrum Heise McBroom Scott

Callton Hooker McCann Segal

Cavanagh Horn McMillin Shaughnessy

Clemente Howze Melton Shirkey

Cotter Hughes Moss Slavens

Crawford Huuki Muxlow Somerville

Daley Jacobsen Nesbitt Stamas

Damrow Jenkins O’Brien Switalski

Darany Johnson Oakes Tlaib

Denby Kandrevas Olson Townsend

Dillon Knollenberg Opsommer Tyler

Farrington Kowall Ouimet Walsh

Forlini Kurtz Outman Yonker

Foster LaFontaine Pettalia Zorn

Nays—18

Constan Irwin Olumba Stanley

Durhal Jackson Santana Stapleton

Hammel Lipton Smiley Talabi

Hobbs Meadows Stallworth Womack

Hovey-Wright Nathan

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Reps. Damrow, Farrington, Glardon, Haines, Horn, LeBlanc, Liss, Muxlow, O’Brien, Opsommer, Price, Yonker and Zorn were named co‑sponsors of the bill.

House Bill No. 4727, entitled

A bill to amend 1978 PA 90, entitled “Youth employment standards act,” by amending section 4 (MCL 409.104), as amended by 2010 PA 221.

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

Roll Call No. 210 Yeas—110

Agema Gilbert Lipton Pscholka

Ananich Glardon Liss Rendon

Barnett Goike Lori Rogers

Bauer Haines Lund Rutledge

Bledsoe Hammel Lyons Santana

Bolger Haugh MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Scott

Bumstead Hobbs McCann Segal

Byrum Hooker McMillin Shaughnessy

Callton Horn Meadows Shirkey

Cavanagh Hovey-Wright Melton Slavens

Clemente Howze Moss Smiley

Constan Hughes Muxlow Somerville

Cotter Huuki Nathan Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Genetski Lindberg

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. 4639, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3206 and 3209 (MCL 700.3206 and 700.3209), section 3206 as amended by 2008 PA 41 and section 3209 as added by 2006 PA 299.

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

Roll Call No. 211 Yeas—110

Agema Gilbert Lipton Pscholka

Ananich Glardon Liss Rendon

Barnett Goike Lori Rogers

Bauer Haines Lund Rutledge

Bledsoe Hammel Lyons Santana

Bolger Haugh MacGregor Schmidt, R.

Brown Haveman MacMaster Schmidt, W.

Brunner Heise McBroom Scott

Bumstead Hobbs McCann Segal

Byrum Hooker McMillin Shaughnessy

Callton Horn Meadows Shirkey

Cavanagh Hovey-Wright Melton Slavens

Clemente Howze Moss Smiley

Constan Hughes Muxlow Somerville

Cotter Huuki Nathan Stallworth

Crawford Irwin Nesbitt Stamas

Daley Jackson O’Brien Stanley

Damrow Jacobsen Oakes Stapleton

Darany Jenkins Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Womack

Franz Lane Potvin Yonker

Geiss LeBlanc Price Zorn

Genetski Lindberg

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. 4746, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205).

The bill was read a third time.

The question being on the passage of the bill,

Rep. Franz moved to substitute (H-3) the bill.

The motion was seconded and the substitute (H-3) 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. 212 Yeas—85

Agema Haines Liss Potvin

Ananich Hammel Lori Price

Bledsoe Haugh Lund Pscholka

Bolger Haveman Lyons Rendon

Bumstead Heise MacGregor Rogers

Cavanagh Hobbs MacMaster Santana

Clemente Hooker McBroom Schmidt, R.

Cotter Horn McCann Schmidt, W.

Crawford Howze McMillin Scott

Daley Hughes Melton Segal

Damrow Huuki Moss Shaughnessy

Denby Jackson Muxlow Shirkey

Dillon Jacobsen Nesbitt Somerville

Durhal Jenkins O’Brien Stallworth

Farrington Johnson Oakes Stamas

Forlini Knollenberg Olson Stanley

Foster Kowall Olumba Stapleton

Franz Kurtz Opsommer Talabi

Genetski LaFontaine Outman Walsh

Gilbert Lane Pettalia Yonker

Glardon Lindberg Poleski Zorn

Goike

Nays—25

Barnett Darany Lipton Smiley

Bauer Geiss Meadows Switalski

Brown Hovey-Wright Nathan Tlaib

Brunner Irwin Ouimet Townsend

Byrum Kandrevas Rutledge Tyler

Callton LeBlanc Slavens Womack

Constan

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. 4780, entitled

A bill to amend 1964 PA 282, entitled “An act to divide the state into 15 congressional districts; to prescribe the powers and duties of certain state departments and officers; and to repeal acts and parts of acts,” by amending the title and sections 3 and 5 (MCL 3.53 and 3.55), the title as amended and sections 3 and 5 as added by 2001 PA 115, and by adding sections 1a and 4a; 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. 213 Yeas—63

Agema Goike Lori Potvin

Bolger Haines Lund Price

Bumstead Haveman Lyons Pscholka

Callton Heise MacGregor Rendon

Cotter Hooker MacMaster Rogers

Crawford Horn McBroom Schmidt, W.

Daley Hughes Moss Scott

Damrow Huuki Muxlow Shaughnessy

Denby Jacobsen Nesbitt Shirkey

Farrington Jenkins O’Brien Somerville

Forlini Johnson Olson Stamas

Foster Kandrevas Opsommer Tyler

Franz Knollenberg Ouimet Walsh

Geiss Kowall Outman Yonker

Gilbert Kurtz Pettalia Zorn

Glardon LaFontaine Poleski

Nays—47

Ananich Durhal Lipton Segal

Barnett Genetski Liss Slavens

Bauer Hammel McCann Smiley

Bledsoe Haugh McMillin Stallworth

Brown Hobbs Meadows Stanley

Brunner Hovey-Wright Melton Stapleton

Byrum Howze Nathan Switalski

Cavanagh Irwin Oakes Talabi

Clemente Jackson Olumba Tlaib

Constan Lane Rutledge Townsend

Darany LeBlanc Santana Womack

Dillon Lindberg Schmidt, R.

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 1964 PA 282, entitled “An act to divide the state into 15 congressional districts; to prescribe the powers and duties of certain state departments and officers; and to repeal acts and parts of acts,” by amending the title and sections 3 and 5 (MCL 3.53 and 3.55), the title as amended and sections 3 and 5 as added by 2001 PA 115, and by adding sections 1a and 4a.

The motion prevailed.

The House agreed to the title as amended.

Reps. Segal, Hammel, Constan, Slavens, Byrum, Bledsoe, Oakes, Hovey-Wright, Stanley, McCann, Rutledge, Dillon, Brunner and Smiley having reserved the right to explain their protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted ‘no’ on House Bill 4780 because, among a number of other reasons, the process leading up to passage of the bill and the plan itself violates the Voting Rights Act of 1965 and is otherwise illegal.

The Republican majority introduced House Bill 4780 on Thursday, June 16th, without any information describing the Congressional plan that is before us today. Just yesterday, HB 4780 was substituted with the actual Congressional plan. That bill is 191 pages long. Today, without giving us more than a day to analyze this bill, I have been asked to vote on it.

A number of nonpartisan organizations testified in committee yesterday asking the Republican majority to slow down this process so the public has an opportunity to weigh in on the newly-drawn lines. Democrats and the nonpartisan organizations asked for more time so a meaningful analysis of this plan can occur, an analysis that would include a thorough understanding of the implications of these new lines on Michigan’s citizens and communities, and to ensure the plan is compliant with state and federal law. The Republican majority has not provided the time, analysis, or assurance that the plan is legal.

In fact, the staff members provided by the Republican majority to testify on HB 4780 were unable to answer a number of questions about how this plan complies with state and federal law. Basic questions regarding Apol standards such as how municipal breaks will be calculated were not answered. In addition, there is not an explanation of how municipal breaks are calculated in the bill. An explanation of how municipal breaks were calculated 10 years ago under the last redistricting plan are included in law but they will now be gutted.

The Republicans also failed to answer federal law questions that are critical to determining whether the plans will pass muster under the VRA, one of our most sacred civil rights statutes representing electoral equality and democracy. Democratic members of the Redistricting and Elections Committee repeatedly asked the Republican Chair and staff members how they determined whether the percentages in the majority minority were in compliance with the VRA. The Republicans failed to answer that question. The Republican Chair and Republican staff members also failed to answer the question of whether the percentages of African American voters in the majority minority districts would provide African American voters the opportunity to elect representatives of their choice—a critical determination under the United States Supreme Court holding in Thornburg v. Giggles and Bartlett v. Strickland.

Lastly, just by looking at the Congressional plan is it obvious there are legal concerns with this gerrymandered plan. District 14, for example, snakes around Wayne and Oakland Counties in Southeastern Michigan. As was pointed out in committee by a representative of a nonpartisan organization, the oddly-shaped districts in the Congressional plan would be a concern under the holding in the United States Supreme Court holding in Shaw v. Reno. In that case, the opinion concluded that a citizen in a racially gerrymandered district could state a claim under the 14th Amendment if they could feasibly allege that traditional districting principles, such as respect for political subdivisions, compactness, and contiguity, had been set aside in deference to considerations of the racial makeup of the district. The opinion expressed concern over the ‘dramatically irregular’ and ‘bizarre’ shape of the districts. I express similar concerns over the bizarrely-shaped districts in the Congressional plan before us today.

Finally, the $30,000 appropriation contained in this legislation is unacceptable because there is over $333,000 left in the fund that we set aside last year for the costs associated with the redistricting process.

The redistricting process involves decisions that will have a long-lasting impact on our state. This should not be a partisan issue. Instead of drawing fair lines that follow community and county boundaries, this plan draws gerrymandered districts to benefit Republican incumbents and violates state and federal laws, including the Voting Rights Act. I cannot support this plan.”

Reps. Irwin, Lipton, Townsend, Lindberg, Hobbs, Barnett, Womack, Darany, Switalski, Olumba, Talabi and Howze having reserved the right to explain their protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted ‘no’ on House Bill 4780 because it is a partisan and gerrymandered plan. It is not a fair plan that would provide meaningful representation to the citizens of Michigan. The people of Michigan deserve Congressional districts produced by the State Legislature and signed by the Governor that will ensure fair representation in keeping with Michigan’s history of competitive districts that respect communities of interest. The people of Michigan deserve to choose their Representatives in Congress, not the other way around. This map clearly was drawn to let the Republican Representatives choose their voters.

Never before in Michigan’s history have districts zigged-zagged all over a geographic region for partisan advantage. The two Detroit districts are no longer centered in Detroit. The Voting Rights Act can be adhered to without undermining Detroit-based districts. For example, District 14 starts at the edge of River Rouge, sweeps over the Pointes, loops west to Southfield and Farmington Hills, before heading north and using a small stretch of land at Sylvan Lake to get to Pontiac. The district is over 50 miles long but at some points less than half a mile wide.

District 11, previously a Western Wayne and Western Oakland County district now starts in Canton and stretches all the way over and around Pontiac, cutting through a slice of Rochester Hills to connect to Troy before looping around to capture Birmingham and Bloomfield Hills. By taking in Farmington, it’s literally only a couple of blocks wide at one point.

As a result, Oakland County, the 2nd largest county in the state, is divided into four different districts. None of the four districts are wholly contained within Oakland County—leaving the potential that not one of the four is actually represented by a member of Congress who lives in Oakland County.

The Republican map reduces the number of competitive districts. Clearly, the Republican majority created this plan solely to strengthen the partisan make-up of the Congressional Republican incumbents. By reducing competitive districts, this map disenfranchises independent voters – by making primaries the key elections and making general elections irrelevant.

Through the Apol Standards, Michigan has a tradition of respecting city and county lines in re-districting. This map ignores that tradition to seek partisan advantage for Republican incumbents.

For example, in Oakland County, the City of Farmington is an ‘island’ surrounded by Farmington Hills. For the first time, Republicans use a narrow path to cut through to the City of Farmington and separate it from Farmington Hills. Similarly, the City of Bloomfield Hills is separated from Bloomfield Township. Rochester Hills is split up simply to allow the Republicans to make their gerrymander contiguous.

In the space of 18 miles, a voter could go through 8 Congressional districts. Driving south from Orion in the 8th District, you then enter the 11th Congressional district in Auburn Hills before passing into the 14th District in Pontiac. You will then enter the 9th District in Bloomfield Township before re-entering the 11th District in Bloomfield Hills before entering the 9th District again before going through the 14th District again in Southfield before finally entering the 13th District in Detroit.

If you drove on Woodward from Pontiac to Detroit you would start in the 14th District, and drive through the 9th District in Bloomfield Township. You would then enter the 11th district while driving through Bloomfield Hills, drive through the 9th again in Bloomfield Township. You then re-enter the 11th in Birmingham before re-entering the 9th district in Royal Oak. When you hit 8 mile you would enter the 14th district again until you got downtown when you entered the 13th district. You would then arrive at the Detroit River Waterfront, 24 miles later, in the same district you left, the 14th district. On this straightforward drive on Woodward you pass through the 14th District 3 times, the 9th District 3 times, the 11th District twice, and the 13th District once.

Finally, the $30,000 appropriation contained in this legislation is unacceptable because there is over $333,000 left in the fund that we set aside last year for the costs associated with the redistricting process.

The redistricting process involves decisions that will have a long-lasting impact on our state. This should not be a partisan issue. Instead of drawing fair lines that follow community and county boundaries, this plan draws gerrymandered districts to benefit Republican incumbents. I cannot support it.”

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

“Mr. Speaker and members of the House:

I voted ‘no’ on House Bill 4780 because, among a number of other reasons, the process leading up to passage of the bill and the plan itself violates the Voting Rights Act of 1965 and is otherwise illegal.

The Republican majority introduced House Bill 4780 on Thursday, June 16th, without any information describing the Congressional plan that is before us today. Just yesterday, HB 4780 was substituted with the actual Congressional plan. That bill is 191 pages long. Today, without giving us more than a day to analyze this bill, I have been asked to vote on it.

A number of nonpartisan organizations testified in committee yesterday asking the Republican majority to slow down this process so the public has an opportunity to weigh in on the newly-drawn lines. Democrats and the nonpartisan organizations asked for more time so a meaningful analysis of this plan can occur, an analysis that would include a thorough understanding of the implications of these new lines on Michigan’s citizens and communities, and to ensure the plan is compliant with state and federal law. The Republican majority has not provided the time, analysis, or assurance that the plan is legal.

In fact, the staff members provided by the Republican majority to testify on HB 4780 were unable to answer a number of questions about how this plan complies with state and federal law. Basic questions regarding Apol standards such as how municipal breaks will be calculated were not answered. In addition, there is not an explanation of how municipal breaks are calculated in the bill. An explanation of how municipal breaks were calculated 10 years ago under the last redistricting plan are included in law but they will now be gutted.

The Republicans also failed to answer federal law questions that are critical to determining whether the plans will pass muster under the VRA, one of our most sacred civil rights statutes representing electoral equality and democracy. Democratic members of the Redistricting and Elections Committee repeatedly asked the Republican Chair and staff members how they determined whether the percentages in the majority minority were in compliance with the VRA. The Republicans failed to answer that question. The Republican Chair and Republican staff members also failed to answer the question of whether the percentages of African American voters in the majority minority districts would provide African American voters the opportunity to elect representatives of their choice—a critical determination under the United States Supreme Court holding in Thornburg v. Giggles and Bartlett v. Strickland.

Lastly, just by looking at the Congressional plan is it obvious there are legal concerns with this gerrymandered plan. District 14, for example, snakes around Wayne and Oakland Counties in Southeastern Michigan. As was pointed out in committee by a representative of a nonpartisan organization, the oddly-shaped districts in the Congressional plan would be a concern under the holding in the United States Supreme Court holding in Shaw v. Reno. In that case, the opinion concluded that a citizen in a racially gerrymandered district could state a claim under the 14th Amendment if they could feasibly allege that traditional districting principles, such as respect for political subdivisions, compactness, and contiguity, had been set aside in deference to considerations of the racial makeup of the district. The opinion expressed concern over the ‘dramatically irregular’ and ‘bizarre’ shape of the districts. I express similar concerns over the bizarrely-shaped districts in the Congressional plan before us today.

Finally, the $30,000 appropriation contained in this legislation is unacceptable because there is over $333,000 left in the fund that we set aside last year for the costs associated with the redistricting process.

The redistricting process involves decisions that will have a long-lasting impact on our state. This should not be a partisan issue. Instead of drawing fair lines that follow community and county boundaries, this plan draws gerrymandered districts to benefit Republican incumbents and violates state and federal laws, including the Voting.”

Rep. Santana, 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:

With all do respect to this Honorable body. I stand with my Democratic colleagues against the Congressional maps as presented by the Republican members. These maps gerrymander on the basis that Oakland County now has 4 Congressional Representatives. The maps as drawn dilute the Majority Minority districts of Detroit by pushing members into areas well outside of the City of Detroit.”

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

“Mr. Speaker and members of the House:

I voted ‘no’ on House Bill 4780 because, among a number of other reasons, the process leading up to passage of the bill and the plan itself violates the Voting Rights Act of 1965 and is otherwise illegal.

A number of nonpartisan organizations testified in committee yesterday asking the Republican majority to slow down this process so the public has an opportunity to weigh in on the newly-drawn lines. Democrats and the nonpartisan organizations asked for more time so a meaningful analysis of this plan can occur, an analysis that would include a thorough understanding of the implications of these new lines on Michigan’s citizens and communities, and to ensure the plan is compliant with state and federal law. The Republican majority has not provided the time, analysis, or assurance that the plan is legal.

In fact, the staff members provided by the Republican majority to testify on HB 4780 were unable to answer a number of questions about how this plan complies with state and federal law. Basic questions regarding Apol standards such as how municipal breaks will be calculated were not answered. In addition, there is not an explanation of how municipal breaks are calculated in the bill. An explanation of how municipal breaks were calculated 10 years ago under the last redistricting plan are included in law but they will now be gutted.

The Republicans also failed to answer federal law questions that are critical to determining whether the plans will pass muster under the VRA, one of our most sacred civil rights statutes representing electoral equality and democracy. Democratic members of the Redistricting and Elections Committee repeatedly asked the Republican Chair and staff members how they determined whether the percentages in the majority minority were in compliance with the VRA. The Republicans failed to answer that question. The Republican Chair and Republican staff members also failed to answer the question of whether the percentages of African American voters in the majority minority districts would provide African American voters the opportunity to elect representatives of their choice—a critical determination under the United States Supreme Court holding in Thornburg v. Giggles and Bartlett v. Strickland.

Lastly, just by looking at the Congressional plan is it obvious there are legal concerns with this gerrymandered plan. District 14, for example, snakes around Wayne and Oakland Counties in Southeastern Michigan. As was pointed out in committee by a representative of a nonpartisan organization, the oddly-shaped districts in the Congressional plan would be a concern under the holding in the United States Supreme Court holding in Shaw v. Reno. In that case, the opinion concluded that a citizen in a racially gerrymandered district could state a claim under the 14th Amendment if they could feasibly allege that traditional districting principles, such as respect for political subdivisions, compactness, and contiguity, had been set aside in deference to considerations of the racial makeup of the district. The opinion expressed concern over the ‘dramatically irregular’ and ‘bizarre’ shape of the districts. I express similar concerns over the bizarrely-shaped districts in the Congressional plan before us today.”

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

“Mr. Speaker and members of the House:

I voted ‘no’ on House Bill 4780 because it is a partisan and gerrymandered plan. It is not a fair plan that would provide meaningful representation to the citizens of Michigan. The people of Michigan deserve Congressional districts produced by the State Legislature and signed by the Governor that will ensure fair representation in keeping with Michigan’s history of competitive districts that respect communities of interest. The people of Michigan deserve to choose their Representatives in Congress, not the other way around. This map clearly was drawn to let the Republican Representatives choose their voters.

Never before in Michigan’s history have districts zigged-zagged all over a geographic region for partisan advantage. The two Detroit districts are no longer centered in Detroit. The Voting Rights Act can be adhered to without undermining Detroit-based districts. For example, District 14 starts at the edge of River Rouge, sweeps over the Pointes, loops west to Southfield and Farmington Hills, before heading north and using a small stretch of land at Sylvan Lake to get to Pontiac. The district is over 50 miles long but at some points less than half a mile wide.

District 13 currently houses the largest concentration of Hispanic voters at 42%, but this map dilutes their voice by cutting the district housing the larger portion of Hispanic’s in half.