No. 6

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Tuesday, January 25, 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—excused 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

Rev. Kenneth D. Lueke, Pastor of Our Savior Lutheran Church in Bad Axe, offered the following invocation:

“In the name of the Father and of the Son and of the Holy Spirit. Amen.

O God, our heavenly Father. Your mercies are new to us every morning, and You give to us, and to all people life and breath and all good things.

We thank You for those here gathered, called by You through the citizens of Michigan to serve in this House of Representatives. We pray, O Lord, that You would grant to them wisdom and strength to carry out their duties with honor and integrity.

Guide them in their work and give them courage combined with compassion. Help them to passionately believe in, and debate that for which they stand, but to do so with respect, not rancor. Guard and defend them against all trials and temptations. Preserve and protect them from discouragement or cynicism, which all too easily can affect those who serve the public. Bless their families and keep that connection with their families strong and secure.

Give to each of these men and women, dear God, true humility – the humility of Christ who gave His life for all - that they may gladly and willingly serve all the people of Michigan, and through their efforts, provide a climate which allows everyone to prosper according to the gifts and abilities You give. Uphold each of the members of the House of Representatives, the Senate, our Governor and Lt. Governor, our judges and all others who serve in the various offices of our State so that, when they have reached the end of their service, they may have nothing for which to be ashamed.

Bless our State, and our Nation with honest industry, truthful education, and an honorable way of life. When prosperous times return, may our hearts be thankful, and in these troubled times, do not let our trust in You fail. Watch over and protect the members of our Armed Forces and their families and help us honor their service and sacrifice. Give them Your peace and blessing and, according to Your will, may they soon come home. Give to each of us a renewed sense of unity, peace, and strength, that together we may stand up for that which is good, right and true in Your eyes, and according to Your Word.

All this we pray, through Jesus Christ our Lord. Amen.”

______

Rep. Lund moved that Rep. Muxlow be excused from today’s session.

The motion prevailed.

Motions and Resolutions

By unanimous consent the House considered House Resolution No. 13 out of numerical order.

Reps. Cotter, Clemente, Constan, Denby, Dillon, Forlini, Franz, Geiss, Goike, Haines, Heise, Horn, Huuki, Kandrevas, LaFontaine, LeBlanc, Liss, Lund, MacMaster, Poleski, Shaughnessy, Slavens, Stapleton and Tyler offered the following resolution:

House Resolution No. 13.

A resolution to declare January 30-February 5, 2011, as Catholic Schools Week in the state of Michigan.

Whereas, There are 59,857 students attending 246 Catholic elementary and high schools throughout our great state; and

Whereas, The Constitution of Michigan states that “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged”; and

Whereas, Catholic schools provide young people with a strong foundation of values and academic skills needed to become responsible citizens of our state and nation; and

Whereas, The Catholic Church sees the parents as the primary educators and that parental supervision and involvement play a major role in the education of students; and

Whereas, Catholic schools believe that teaching morals and values is essential to the complete education of the student since every member of society continually makes moral decisions; and

Whereas, Catholic schools educate many students who are non-Catholic and many students who are economically disadvantaged; and

Whereas, Catholic school educators are dedicated to producing academically-strong students who also commit themselves to service; and

Whereas, January 30-February 5, 2011, has been designated as Catholic Schools Week, with the theme “Catholic Schools-A+ For America,” as denoted by the National Catholic Educational Association (NCEA) and the United States Conference of Catholic Bishops; and

Whereas, The dividends of a Catholic school education: faith, knowledge, morals and discipline last a lifetime; and

Whereas, The common good of the state of Michigan is strengthened through the existence of Catholic schools; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 30-February 5, 2011, as Catholic Schools Week in the state of Michigan, due to the great accomplishments and contributions of Catholic schools in and to our state; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Catholic Conference with our highest esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

______

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

The motion prevailed.

Reps. Somerville and Muxlow offered the following resolution:

House Resolution No. 12.

A resolution to call on the Governor to instruct all state departments to identify areas to reduce spending by 15 percent.

Whereas, Departments should make their decisions based upon measures of workload, need, and efficiency of activities; and

Whereas, An administrative review can include prioritization, revision, consolidation, and deletion of activities; and

Whereas, The people of Michigan seek a smaller and more efficient government; now, therefore, be it

Resolved by the House of Representatives, That we call on the Governor to instruct all state departments to identify areas to reduce spending by 15 percent; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor.

The resolution was referred to the Committee on Government Operations.

Reps. Rendon, Goike, Heise, Horn, Huuki, LeBlanc, Lund, MacMaster, Pscholka and Shaughnessy offered the following concurrent resolution:

House Concurrent Resolution No. 2.

A concurrent resolution to express opposition to the imposition of a ban of firearm hunting and snowmobiling in certain areas of the Huron-Manistee National Forest.

Whereas, In compliance with a U.S. Sixth Circuit Court of Appeals decision, the U.S. Forest Service is revisiting its 2006 Land and Resource Management Plan for the Huron-Manistee National Forest. Currently, the Forest Service allows firearm hunting and snowmobiling in all of the forest. However, a Michigan attorney has sued the Forest Service in an effort to stop firearm hunting and snowmobiling in all primitive areas and semi-primitive non-motorized management areas; and

Whereas, The 2006 Land and Resource Management Plan was available for and received extensive public comment before being implemented. Yet the public’s access to 70,000 acres of public land is being threatened by one individual’s preference; and

Whereas, The desire to pursue quiet recreational activities in the primitive and semi-primitive areas of the forest does not preclude hunting. Many hunters enjoy the quiet and solitude of the forest when hunting. Additionally, snowmobiles operating in a forest of this size rarely impose on the enjoyment of the forest by others. Given the size of the forest, a snowmobile operator can ride many miles without ever encountering another person and it is likely that others enjoying the forest in winter would not encounter a snowmobile;

Whereas, The Federal Land Policy and Management Act provides the Forest Service the authority to determine where hunting may or may not occur on public lands. This authority should be left to the Forest Service, rather than the political bias of individuals. Wildlife managers and experts should have the final say in how the public land is used; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we oppose the imposition of a ban of firearm hunting and snowmobiling in certain areas of the Huron-Manistee National Forest; and be it further

Resolved, That copies of this resolution be transmitted to the Chief of the U.S. Forest Service and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Thursday, January 20:

Senate Bill Nos. 1 2 3 4 5 6 7 8 9 10 11 12 13 14

15 16 17 18 19 20 21 22 23 24 25 26 27 28

29 30 31 32 33 34 35 36 37 38 39 40 41 42

43 44 45

Senate Joint Resolutions A B C

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, January 21:

House Bill Nos. 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122

4123 4124 4125 4126 4127 4128

Senate Bill Nos. 46 47 48 49 50 51 52 53 54 55

Reports of Standing Committees

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

House Bill No. 4093, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending the title and sections 11 and 18 (MCL 432.11 and 432.18), the title as amended by 1996 PA 95 and sections 11 and 18 as amended by 2004 PA 383, and by adding section 45.

With the recommendation that the bill be referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

Favorable Roll Call

To Report Out:

Yeas: Reps. Kurtz, O’Brien, Haines, Heise, Hooker, Rendon, Slavens, Lane and Stapleton

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Kurtz, Chair, of the Committee on Families, Children, and Seniors, was received and read: