No. 91

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Tuesday, November 8, 2011.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

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

Agema—present Gilbert—excused Lindberg—present Pscholka—present

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

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

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

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

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

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

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

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

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

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

Cavanagh—present Hovey-Wright—present Meadows—present Slavens—present

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

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

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

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

Daley—present Jackson—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—excused Talabi—present

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

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

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

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

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

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

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

Genetski—present

e/d/s = entered during session

Rep. Phil Cavanagh, from the 17th District, offered the following invocation:

“Heavenly Father, Guide us as we stand in these chambers to make the best decisions for those who are affected the most. We must be the voice of the voiceless.

May we be ever mindful of all whom we represent. The haves and the have nots-the skilled and unskilled, the young and the elderly, the givers and takers.

May we not be so absorbed in ourselves and our responsibilities that we forget our families that we leave behind each day.

Bless our leaders, both nationally and our state elected leaders and local leaders. May we all be mindful of our responsibilities to every citizen in this state.

Amen.”

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The Speaker assumed the Chair.

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

The motion prevailed.

Rep. Stamas moved that Rep. Gilbert be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Liss, Haines, Hovey-Wright, Howze, Rutledge, Ananich, Brunner, Smiley, Nathan, Lane, Stapleton, Tlaib, Bauer, Lindberg, McCann, Yonker, Darany, Olson, Womack, Brown, Barnett, Constan, Crawford, Denby, Geiss, Heise, Kandrevas, Knollenberg, Lori, O’Brien, Price, Segal and Slavens offered the following resolution:

House Resolution No. 150.

A resolution to declare November 13-19, 2011, as Nurse Practitioner Week in the state of Michigan.

Whereas, There are more than 148,000 licensed nurse practitioners in the United States with over 4,100 in Michigan providing high-quality, cost-effective, patient-centered, personalized healthcare for nearly half a century; and

Whereas, Nurse practitioners have advanced education (most have master’s degrees and many have doctorates) and advanced clinical training beyond their initial registered nurse preparation; and

Whereas, Nurse practitioners order, perform and interpret diagnostic tests, diagnose and treat acute and chronic conditions, and prescribe medications and other treatments; and

Whereas, Nurse practitioners are truly partners in the healthcare of their patients, so that in addition to clinical services, nurse practitioners focus on health promotion, disease prevention and health education and counseling, guiding patients to make smarter health and lifestyle choices; and

Whereas, The excellence, safety, and cost-effectiveness of the care provided by nurse practitioners is established and well-documented; and

Whereas, Nurse practitioners provide healthcare to people of all ages and in diverse settings such as private office practices, hospitals, long-term care facilities, schools, state and local health departments, managed care facilities, and retail-based clinics; and

Whereas, More than 18 percent of nurse practitioners practice in rural settings with populations of less than 25,000; and

Whereas, It is documented that patients of nurse practitioners are given more personal time and attention than they traditionally receive from other healthcare providers; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare November 13-19, 2011, as Nurse Practitioner Week in the state of Michigan. We recognize the many contributions that this dedicated group of healthcare professionals makes to the health and well-being of the people in the communities they serve in this great state and throughout the country.

The resolution was referred to the Committee on Health Policy.

Reps. Ananich, Hovey-Wright, Haines, Liss, Brunner, Smiley, Nathan, Lane, Stapleton, Tlaib, Bauer, Lindberg, McCann, Yonker, Darany, Olson, Womack, Brown, Barnett, Constan, Denby, Geiss, Heise, Kandrevas, Knollenberg, Lori, Price, Segal and Slavens offered the following resolution:

House Resolution No. 151.

A resolution to declare November 14-18, 2011, as School Psychologists Week in the state of Michigan.

Whereas, Children have a natural desire and propensity to learn and the inalienable right to an education and it is imperative that society invests in education to adequately support the needs of children and youth; and

Whereas, This year’s theme: “Every link matters. Make a connection” helps our students and school focus on creating positive connections within the school community, their academics, and their lives; and

Whereas, Children’s mental health is closely linked to their successful learning and development, including their ability to compete for good jobs when they reach adulthood. Schools must apply sound psychological principles to instruction and learning, cultivate children’s intellectual, social, and emotional development, meet the needs of culturally diverse student populations and promote prevention and early intervention; and

Whereas, Schools must ensure a safe healthy learning environment for all children and be able to recognize and respond to their emotional and psychological needs, including those caused by personal or societal crises; and

Whereas, Appropriate prevention and early intervention strategies and adequate support services minimize negative outcomes, such as academic failure, social and emotional difficulties, behavioral problems, bullying and school violence, mental health problems, suicide, and dropping out; and

Whereas, School psychologists are specially trained to help parents and educators identify and reduce risk factors, create effective caring schools, access helpful community resources, and implement research-driven prevention and intervention strategies to foster healthy child development and academic success; and

Whereas, School psychologists do important work delivering needed mental health services and academic support in the natural context of school where children are comfortable and familiar. It is appropriate to recognize the important vital role that school psychologists play in the personal and academic development of Michigan’s children; and

Whereas, The Michigan Association of School Psychologists has lent their expertise to state policymakers on issues important to children and families such as parental involvement in education, the appropriate use of psychotropic medications, the prevention of bullying, and access to special education services; now, therefore, be it

Resolved by the Michigan House of Representatives, That the members of this legislative body declare November 14-18, 2011, as School Psychologists Week in the state of Michigan. We urge all of our citizens to observe this occasion; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Association of School Psychologists.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Slavens, Barnett, Bauer, Constan, Crawford, Darany, Geiss, Heise, Hooker, Kandrevas, Knollenberg, Kurtz, Liss, Lori, O’Brien, Price and Segal offered the following resolution:

House Resolution No. 152.

A resolution to declare November 2011 as Adoption Awareness Month in the state of Michigan.

Whereas, Children thrive in loving families where they are nurtured, comforted, and protected; and

Whereas, It is important to recognize the valuable contributions of individuals who travel the rewarding journey of adoption by providing love, guidance, and hope for children whose lives have been filled with change and uncertainty; and

Whereas, We are committed to working as a partner with social service agencies, organizations in communities, and child advocates to help recruit and support adoptive families who make a difference in developing positive outcomes for our children; and

Whereas, Finding nurturing permanent homes for waiting children is a worthy objective to work toward throughout the year. During November, special efforts are made to instill a greater perception of the need for adoptive families; and

Whereas, Communities across the nation observe National Adoption Month to raise awareness and encourage citizens to become involved in the lives of these youth as adoptive parents, volunteers, or mentors. We understand the importance of adoption and honor those who provide children with a loving home; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare November 2011 as Adoption Awareness Month in the state of Michigan. We call upon all citizens to observe this occasion.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Johnson, Barnett, Constan, Darany, Geiss, Heise, Hooker, Knollenberg, Liss, Price and Slavens offered the following resolution:

House Resolution No. 153.

A resolution to encourage Michigan schools to offer foreign language classes in elementary school.

Whereas, Aided by 21st century technology and media, the international business and social world is getting smaller every day. There is an increasing demand for multilingual workers, not only in the corporate world, but also for jobs as mechanics, social workers, and medical professionals. Michigan needs more foreign language speakers to be competitive in a global economy; and

Whereas, Compared with adults or even teenagers, the brains of young children are more able to absorb the complexities of a second language. Learning a second language at a young age improves achievement in other academic areas, as well as increasing cognitive ability in general. It enhances thinking processes such as listening ability, memory, creativity, and critical thinking. Studies have shown that students with more years of foreign language study score higher on math and verbal SAT tests; and

Whereas, Young foreign language learners gain insight into their own language and culture, begin to look beyond their customary boarders, and develop an early understanding of relationships among different cultures and languages. All students can benefit from foreign language study regardless of academic goals, ethnic background, socioeconomic status, or learning style; and

Whereas, According to the U.S. Department of Education, more than 200 million children in China are studying English in primary school, but only 24,000 students in U.S. schools are learning Chinese. Learning a second or even a third foreign language is compulsory for students in China, the European Union, Thailand, and many other countries. It is important to provide an uninterrupted sequence of foreign language study in grades K-12 to gain the level of proficiency needed to communicate with people around the world in other languages; now, therefore, be it

Resolved by the House of Representatives, That we encourage Michigan schools to offer foreign language classes in elementary school; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan State Board of Education and the Michigan Superintendent of Public Instruction.

The resolution was referred to the Committee on Education.

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The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

House Bill No. 4691, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1307a (MCL 600.1307a), as amended by 2004 PA 12.

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

Roll Call No. 459 Yeas—102

Agema Genetski LeBlanc Pscholka

Ananich Glardon Lindberg Rendon

Barnett Goike Lipton Rogers

Bauer Haines Liss Rutledge

Bledsoe Hammel Lori Santana

Bolger Haugh Lund Schmidt, R.

Brown Haveman Lyons Schmidt, W.

Brunner Heise MacGregor Scott

Byrum Hobbs MacMaster Segal

Callton Hooker McCann Shaughnessy

Cavanagh Horn McMillin Slavens

Clemente Hovey-Wright Meadows Smiley

Constan Howze Moss Somerville

Cotter Hughes Muxlow Stallworth

Crawford Huuki Nesbitt Stamas

Daley Irwin O’Brien Stanley

Damrow Jackson Oakes Stapleton

Darany Jacobsen Olson Switalski

Denby Jenkins Opsommer Talabi

Dillon Johnson Ouimet Tlaib

Durhal Kandrevas Outman Townsend

Farrington Knollenberg Pettalia Tyler

Forlini Kowall Poleski Walsh

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zorn

Geiss Lane

Nays—5

Bumstead Nathan Shirkey Womack

McBroom

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. Ananich, Bauer, Bledsoe, Brown, Byrum, Constan, Cotter, Darany, Denby, Dillon, Durhal, Geiss, Haugh, Howze, Irwin, Jackson, Knollenberg, Lane, Liss, Lyons, McCann, Meadows, O’Brien, Oakes, Potvin, Price, Santana, Slavens, Smiley, Somerville, Stallworth, Stanley, Tlaib, Tyler and Walsh were named co‑sponsors of the bill.

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Rep. McBroom, 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 believe this legislation is completely unnecessary and even hindering to our civic duties. Latitude is already granted to judges in excusing potential jurors who are nursing or have other caretaker type obligations: MCL 600.1335(1) provides: ‘The chief judge of the court to which a person is returned as a juror may excuse the person from serving when it appears that... the health of the juror or that of a member of his or her family requires his or her absence from court.’ Having seen first hand that the amount of time that is necessary for nursing varies from highly intensive to even once a day or less I do not believe this blanket exemption should be put in place replacing the aforementioned eligibility for an excuse from service. Thank you.”

Rep. Shirkey, 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 choose to vote no on this bill because current law already covers this need. Those who have family members who are dependent upon them may request and be granted being excused from Jury Duty. Nursing mothers clearly fall into this category.”

House Bill No. 4115, entitled

A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 64b (MCL 41.64b), as added by 1989 PA 77.

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

Roll Call No. 460 Yeas—107

Agema Genetski Lindberg Rendon

Ananich Glardon Lipton Rogers

Barnett Goike Liss Rutledge

Bauer Haines Lori Santana

Bledsoe Hammel Lund Schmidt, R.

Bolger Haugh Lyons Schmidt, W.

Brown Haveman MacGregor Scott

Brunner Heise MacMaster Segal

Bumstead Hobbs McBroom Shaughnessy

Byrum Hooker McCann Shirkey

Callton Horn McMillin Slavens

Cavanagh Hovey-Wright Meadows Smiley

Clemente Howze Moss Somerville

Constan Hughes Muxlow Stallworth

Cotter Huuki Nathan Stamas

Crawford Irwin Nesbitt Stanley

Daley Jackson O’Brien Stapleton

Damrow Jacobsen Oakes Switalski

Darany Jenkins Olson Talabi

Denby Johnson Opsommer Tlaib

Dillon Kandrevas Ouimet Townsend

Durhal Knollenberg Outman Tyler

Farrington Kowall Pettalia Walsh

Forlini Kurtz Poleski Womack

Foster LaFontaine Potvin Yonker

Franz Lane Price Zorn

Geiss LeBlanc Pscholka

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.

Second Reading of Bills

House Bill No. 4754, entitled

A bill to amend 1976 PA 295, entitled “State transportation preservation act of 1976,” by amending section 10 (MCL 474.60), as amended by 2011 PA 29.

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