No. 79

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Thursday, September 26, 2013.

12:00 Noon.

The House was called to order by the Speaker.

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

Abed—present Glardon—present Lauwers—present Roberts—present

Banks—present Goike—present LaVoy—present Robinson—present

Barnett—present Graves—present Leonard—present Rogers—present

Bolger—present Greimel—present Lipton—present Rutledge—excused

Brinks—present Haines—present Lori—present Santana—present

Brown—present Haugh—present Lund—present Schmidt—present

Brunner—present Haveman—excused Lyons—present Schor—present

Bumstead—present Heise—present MacGregor—present Segal—present

Callton—present Hobbs—present MacMaster—present Shirkey—present

Cavanagh—present Hooker—present McBroom—present Singh—present

Clemente—present Hovey-Wright—present McCann—present Slavens—present

Cochran—present Howrylak—present McCready—present Smiley—present

Cotter—present Irwin—present McMillin—present Somerville—present

Crawford—present Jacobsen—present Muxlow—present Stallworth—present

Daley—present Jenkins—present Nathan—excused Stamas—present

Darany—present Johnson—present Nesbitt—present Stanley—present

Denby—present Kandrevas—present O’Brien—present Switalski—present

Dianda—present Kelly—present Oakes—present Talabi—present

Dillon—present Kesto—present Olumba—present Tlaib—present

Driskell—present Kivela—present Outman—present Townsend—present

Durhal—present Knezek—present Pagel—present VerHeulen—present

Faris—present Kosowski—present Pettalia—present Victory—present

Farrington—present Kowall—present Poleski—present Walsh—present

Forlini—present Kurtz—present Potvin—present Yanez—present

Foster—present LaFontaine—present Price—present Yonker—present

Franz—present Lamonte—present Pscholka—present Zemke—present

Geiss—present Lane—present Rendon—present Zorn—present

Genetski—present

e/d/s = entered during session

Pastor Damon J. Milton, I, Pastor of Voice of Power Deliverance Ministry in Lansing, offered the following invocation:

“Eternal God, our Father, Creator, and Sustainer of all human kind. We now call upon Thee to grace us with Your Holy presence. We realize that without Your guidance, we will lose our way and without Your blessings, our endeavors will be futile. Look now upon this body as they endeavor to perform the task that is at hand.

We ask this favor in the precious name of Christ,

Amen.”

______

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

The motion prevailed.

Rep. Barnett moved that Reps. Nathan and Rutledge be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Roberts, Singh, Tlaib, Nathan, Barnett, Robinson, Lane, Darany, Banks, Zemke, Schor, McCann, Slavens, Segal, Stanley, LaVoy, Brown, Cochran, Townsend, Driskell, Abed, Lamonte, Knezek, Brinks, Dillon, Greimel, Switalski, Yanez, Goike, Callton, McCready, Kelly, Howrylak, Victory, Johnson, Crawford, Haines, Muxlow, Heise, Lori, Haugh and Geiss offered the following resolution:

House Resolution No. 228.

A resolution to declare September 26, 2013, as Brain Injury Association of Michigan Day in the state of Michigan.

Whereas, Brain injury and specifically, traumatic brain injury (TBI) has become recognized in recent years as one of the most significant chronic disease conditions that can potentially impact nearly every Michigan resident; and

Whereas, According to the federal Centers for Disease Control and Prevention (CDC), 1.7 million Americans sustain a TBI each year that results in 52,000 deaths, 275,000 hospitalizations, and nearly 1.4 million emergency department visits. It is estimated that over 98,000 Michigan residents currently live with disabilities resulting from a TBI; and

Whereas, TBI’s contribute to nearly a third or 30.5 percent of all injury-related deaths in the United States. Occurring every 23 seconds, this public health concern ranks as the leading cause of death and disability in children and young adults; and

Whereas, The state of Michigan has attained national recognition as a leading center of excellence in the field of brain injury treatment and rehabilitation as a result of the extensive number of rehabilitation centers, medical treatment facilities, care providers, programs, and professionals specializing in brain injury across the state; and

Whereas, The Brain Injury Association of Michigan, founded in 1981, serves as the primary conduit to resources for persons living with a brain injury, their families, and the treatment and rehabilitation professionals who serve them across the state; and

Whereas, The Brain Injury Association of Michigan has been dedicated to “creating a better future” through its mission “to improve the lives of those affected by brain injury and to reduce the incidence and impact of brain injury through education, advocacy, support, treatment services, and research; and

Whereas, The Association created one of the first educational brain injury conferences 33 years ago to provide education and support to persons with a brain injury, their family members, and professionals in the field of brain injury rehabilitation; and

Whereas, The Brain Injury Association of Michigan’s fall conference has become recognized as the largest and the preeminent brain injury educational conference in the nation drawing 900 participants each day during the two-day conference; and

Whereas, The Association’s fall conference attracts 146 exhibitors and provides 34 workshops divided among four tracks related to clinical, direct-care, research, and business-related workshops; as well as nationally recognized experts presenting at plenary sessions; and

Whereas, The Michigan Legislature desires to recognize and commend the Brain Injury Association of Michigan for its 33 years of service to the people of Michigan; and

Whereas, The Brain Injury Association of Michigan will be holding its 33rd annual conference on September 26 and 27, 2013; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 26, 2013, as Brain Injury Association of Michigan Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Second Reading of Bills

House Bill No. 4811, entitled

A bill to amend 2004 PA 363, entitled “Military family relief fund act,” by amending sections 2 and 4 (MCL 35.1212 and 35.1214).

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

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Franz moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4194, entitled

A bill to amend 1978 PA 30, entitled “An act to provide for the creation and use of budget stabilization funds by counties, cities, villages, and townships,” by amending section 3 (MCL 141.443).

The bill was read a second time.

Rep. Brunner moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Concurrent Resolution No. 11.

A concurrent resolution to authorize the State Board of Education and the Michigan Department of Education to move forward to expend resources to implement the use of the Common Core State Standards so long as the conditions of this resolution can be met.

(For text of concurrent resolution, see House Journal No. 78, p. 1477.)

With the recommendation that the following substitute (H-3) be adopted and that the concurrent resolution then be adopted.

Substitute for House Concurrent Resolution No. 11.

Whereas, Noting that the Tenth Amendment to the United States Constitution states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” and recognizing that there is no constitutional provision delegating the power to educate children to the federal government, the House declares that the federal government has no constitutional authority to dictate how children in the state of Michigan are to be educated; and

Whereas, Article IV, Section 231, of the FY 2013-14 Department of Education budget (Public Act 59 of 2013) states, “Funds appropriated in part 1 shall not be used to fund implementation of Common Core State Standards or Smarter Balanced Assessments unless an affirmative action of the legislature authorizing implementation of said standards or assessments is provided.”; and

Whereas, Article IX, Section 17, of the Michigan Constitution states, “No money shall be paid out of the state treasury except in pursuance of appropriations made by law.”; and

Whereas, Article VIII, Section 1, of the Michigan Constitution states, “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, Article VIII, Section 3, of the Michigan Constitution states, “Leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees, is vested in a state board of education. It shall serve as the general planning and coordinating body for all public education, including higher education, and shall advise the legislature as to the financial requirements in connection therewith.”; and

Whereas, The Common Core State Standards were adopted by the State Board of Education in June 2010; and

Whereas, Adopting high educational expectations and ensuring that all of our students are receiving a high-quality education to develop independent thought and compete globally through a transparent and accountable system is paramount. With the previously mentioned facts in mind, the House Subcommittee on Common Core State Standards has had dozens of hours of study and held extensive committee hearings with testimony from a diverse set of experts, educators, and the public to examine the Common Core State Standards adopted by the State Board of Education; and

Whereas, The extensive hearings led to this action by the House with a belief that education “standards” define minimum expectations of what students should know at the conclusion of a course of study but not the methods, curriculum, nor the entirety of what students are taught; and

Whereas, This House recognizes that a high-quality education to develop independent thought is an important part of being a successful person; and

Whereas, Michigan students compete nationally and internationally for work opportunities and better careers and, as such, a high-quality education is an important base for their success in this global competition; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we authorize, pursuant to Public Act 59 of 2013, the State Board of Education and the Michigan Department of Education to continue to implement the use of aspects of the Common Core State Standards as they are known today, so long as the conditions of this resolution are met; and be it further

Resolved, That any future education standards, or student assessment tools, approved by the State Board of Education shall be presented in a report or in testimony to the standing education committees of both chambers before final Board approval; and be it further

Resolved, That implementation of the Common Core State Standards by the State Board of Education and the Michigan Department of Education is contingent on the ability of Michigan to add or remove standards that are in the best interest of the students of Michigan, with no ramifications from the federal government; and be it further

Resolved, That the State Board of Education and the Michigan Department of Education may implement Common Core State Standards so long as such standards do not dictate curriculum or prescribe a particular method of instruction; and be it further

Resolved, That the State Board of Education and the Michigan Department of Education may implement Common Core State Standards so long as control over the creation and implementation of curriculum, textbooks, educational materials, and instructional methods shall remain under the control of the local school districts, and not the federal government; and be it further

Resolved, That the State Board of Education and the Michigan Department of Education may implement Common Core State Standards so long as the authority and flexibility, as permitted under Section 1278 of the Revised School Code, PA 451 of 1976, MCL 380.1278, to develop or adopt a different set of standards remains with locally elected school boards should they determine different standards, such as more rigorous expectations for their students, including teaching high school Euclidean Geometry and classic English literature, or different developmental standards for kindergarten through third grade; and be it further

Resolved, That the State Board of Education and the Michigan Department of Education may implement Common Core State Standards so long as, consistent with Section 1278 of the Revised School Code, PA 451 of 1976, MCL 380.1278, the core academic curriculum content standards shall not include attitudes, beliefs or value systems that are not essential in the legal, economic, and social structure of our society, and to the personal and social responsibility of its citizens, as determined by locally elected school boards; and be it further

Resolved, That the State Board of Education and the Michigan Department of Education may implement Common Core State Standards so long as Michigan’s students and parents are assured of the safety and security of their personally identifiable student information by knowing that no non-education related information on students or their families, including, but not limited to, religion, political affiliations or biometric data, will be collected, tracked, housed, reported, sold, or shared with the federal government or outside entities; and be it further

Resolved, That the State Board of Education and the Michigan Department of Education shall issue a full report, which is to be submitted to both chambers of the legislature by December 1, 2013. In preparation for receipt of this report, the State Board of Education may take steps to remove conflicts of interest and provide the State Board of Education and the Michigan Department of Education the necessary latitude and objectivity to develop their recommendation for Michigan’s student assessment tools. This report is to include a review of all available student assessment tools with a special emphasis on an assessment based on Michigan’s state standards and adaptation thereof. The report should also include information on how the assessments would be used, and the implementation costs for local school districts and the state of Michigan. This House is not committed to any specific assessment tool but intends to evaluate all assessment options in the FY 2014-15 school aid budget based on this report. Until that time, the Michigan Department of Education can continue to participate in the development of assessment options and recommendations only; and be it further

Resolved, That the state of Michigan, pursuant to Section 1279c of the Revised School Code, PA 451 of 1976, MCL 380.1279c, shall test only for proficiency in basic and advanced academic skills and subject matter, and testing shall not be used to measure pupils’ values or attitudes. Local school districts shall have the authority to align their locally developed or commercially available assessment tests to the set of standards that they use in their daily curriculum to better serve the students in their districts; and be it further

Resolved, That the Common Core curriculum is a minimum standard to prepare students to be college and career ready. Any test adopted as a measure of that readiness shall be taken by the Governor, leaders and membership of the legislature, state and local superintendents, principals, and boards of education. The results or refusal to take said tests shall be published by state and local media sources; and be it further

Resolved, That the Michigan Department of Education will provide an official way for parents, teachers, administrators, and the public to provide feedback on the implementation of the Common Core State Standards and appropriate assessment aligned with those standards. This can be an obvious placement on the Department website or a person specifically designated and responsible for following up on comments received. These comments will be considered as discussion continues regarding the standards and assessment; and be it further

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lyons, Crawford, Lund, Jacobsen, Price, Yonker, Lipton, Knezek, Brinks, Stallworth and Lamonte

Nays: Reps. Franz, Daley, Genetski, McMillin and Hooker

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 26, 2013

Present: Reps. Lyons, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price, Yonker, Lipton, Knezek, Brinks, Stallworth, Lamonte and Abed

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 26, 2013

Present: Reps. Cotter, Kesto, Heise, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente

Absent: Rep. Jacobsen

Excused: Rep. Jacobsen

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 26, 2013

Present: Reps. Pettalia, Goike, Genetski, Rendon, Pagel, Kosowski, Brunner and Kivela

Absent: Rep. Crawford

Excused: Rep. Crawford

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 26, 2013

Present: Reps. Pscholka, Kowall, Lori, Rogers, Stamas, Walsh, Bumstead, Forlini, MacGregor, MacMaster, Jenkins, Muxlow, Poleski, Potvin, McCready, Howrylak, VerHeulen, Tlaib, Brown, Durhal, McCann, Dillon, Kandrevas, Faris, Zemke, Singh and Olumba

Absent: Reps. Haveman and Roberts

Excused: Reps. Haveman and Roberts

Third Reading of Bills

House Bill No. 4949, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 62 (MCL 421.62), as amended by 2011 PA 269.

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

Roll Call No. 299 Yeas—102

Abed Genetski LaVoy Roberts

Banks Glardon Leonard Rogers

Barnett Goike Lipton Santana

Bolger Graves Lori Schmidt

Brinks Greimel Lund Schor

Brown Haines Lyons Segal

Brunner Haugh MacGregor Shirkey

Bumstead Heise MacMaster Singh

Callton Hobbs McBroom Slavens

Cavanagh Hooker McCann Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howrylak McMillin Stallworth

Cotter Jacobsen Muxlow Stamas

Crawford Jenkins Nesbitt Stanley

Daley Johnson O’Brien Switalski

Darany Kelly Oakes Talabi

Denby Kesto Olumba Tlaib

Dianda Kivela Outman Townsend

Dillon Knezek Pagel VerHeulen

Driskell Kosowski Pettalia Victory

Durhal Kowall Poleski Walsh

Faris Kurtz Potvin Yanez

Farrington LaFontaine Price Yonker

Forlini Lamonte Pscholka Zemke

Foster Lane Rendon Zorn

Franz Lauwers

Nays—4

Geiss Irwin Kandrevas Robinson

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 4950, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 20 (MCL 421.20), as amended by 2011 PA 269.

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

Roll Call No. 300 Yeas—103

Abed Genetski Lauwers Roberts

Banks Glardon LaVoy Rogers

Barnett Goike Leonard Santana

Bolger Graves Lipton Schmidt

Brinks Greimel Lori Schor

Brown Haines Lund Segal

Brunner Haugh Lyons Shirkey

Bumstead Heise MacGregor Singh

Callton Hobbs MacMaster Slavens

Cavanagh Hooker McBroom Smiley

Clemente Hovey-Wright McCann Somerville

Cochran Howrylak McCready Stallworth

Cotter Jacobsen McMillin Stamas

Crawford Jenkins Muxlow Stanley

Daley Johnson Nesbitt Switalski

Darany Kandrevas O’Brien Talabi

Denby Kelly Oakes Tlaib

Dianda Kesto Olumba Townsend

Dillon Kivela Outman VerHeulen

Driskell Knezek Pagel Victory

Durhal Kosowski Pettalia Walsh

Faris Kowall Poleski Yanez

Farrington Kurtz Potvin Yonker

Forlini LaFontaine Price Zemke

Foster Lamonte Pscholka Zorn

Franz Lane Rendon

Nays—3

Geiss Irwin Robinson

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 4951, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 54 (MCL 421.54), as amended by 2011 PA 269.

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

Roll Call No. 301 Yeas—103

Abed Genetski Lauwers Roberts

Banks Glardon LaVoy Rogers

Barnett Goike Leonard Santana

Bolger Graves Lipton Schmidt

Brinks Greimel Lori Schor

Brown Haines Lund Segal

Brunner Haugh Lyons Shirkey

Bumstead Heise MacGregor Singh

Callton Hobbs MacMaster Slavens

Cavanagh Hooker McBroom Smiley

Clemente Hovey-Wright McCann Somerville

Cochran Howrylak McCready Stallworth

Cotter Jacobsen McMillin Stamas

Crawford Jenkins Muxlow Stanley

Daley Johnson Nesbitt Switalski

Darany Kandrevas O’Brien Talabi

Denby Kelly Oakes Tlaib

Dianda Kesto Olumba Townsend

Dillon Kivela Outman VerHeulen

Driskell Knezek Pagel Victory

Durhal Kosowski Pettalia Walsh

Faris Kowall Poleski Yanez

Farrington Kurtz Potvin Yonker

Forlini LaFontaine Price Zemke

Foster Lamonte Pscholka Zorn

Franz Lane Rendon

Nays—3

Geiss Irwin Robinson

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 4952, 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 2011 PA 269.

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

Roll Call No. 302 Yeas—82

Abed Genetski Lane Pettalia

Bolger Glardon Lauwers Poleski

Brinks Goike LaVoy Potvin

Brown Graves Leonard Price

Brunner Greimel Lori Pscholka

Bumstead Haines Lund Rendon

Callton Haugh Lyons Rogers

Cavanagh Heise MacGregor Schmidt

Clemente Hooker MacMaster Segal

Cochran Howrylak McBroom Shirkey

Cotter Jacobsen McCann Slavens

Crawford Jenkins McCready Smiley

Daley Johnson McMillin Somerville

Darany Kelly Muxlow Stamas

Denby Kesto Nesbitt VerHeulen

Dianda Kivela O’Brien Victory

Driskell Kosowski Oakes Walsh

Farrington Kowall Olumba Yanez

Forlini Kurtz Outman Yonker

Foster LaFontaine Pagel Zorn

Franz Lamonte

Nays—24

Banks Hobbs Roberts Stanley

Barnett Hovey-Wright Robinson Switalski

Dillon Irwin Santana Talabi

Durhal Kandrevas Schor Tlaib

Faris Knezek Singh Townsend

Geiss Lipton Stallworth Zemke

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. 4953, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 32 (MCL 421.32), as amended by 2002 PA 192.

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

Roll Call No. 303 Yeas—103

Abed Genetski Lauwers Roberts

Banks Glardon LaVoy Rogers

Barnett Goike Leonard Santana

Bolger Graves Lipton Schmidt

Brinks Greimel Lori Schor

Brown Haines Lund Segal

Brunner Haugh Lyons Shirkey

Bumstead Heise MacGregor Singh

Callton Hobbs MacMaster Slavens

Cavanagh Hooker McBroom Smiley

Clemente Hovey-Wright McCann Somerville

Cochran Howrylak McCready Stallworth

Cotter Jacobsen McMillin Stamas

Crawford Jenkins Muxlow Stanley

Daley Johnson Nesbitt Switalski

Darany Kandrevas O’Brien Talabi

Denby Kelly Oakes Tlaib

Dianda Kesto Olumba Townsend

Dillon Kivela Outman VerHeulen

Driskell Knezek Pagel Victory

Durhal Kosowski Pettalia Walsh

Faris Kowall Poleski Yanez

Farrington Kurtz Potvin Yonker

Forlini LaFontaine Price Zemke

Foster Lamonte Pscholka Zorn

Franz Lane Rendon

Nays—3

Geiss Irwin Robinson

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 4954, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 26 (MCL 421.26), as amended by 2005 PA 16.

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

Roll Call No. 304 Yeas—103

Abed Genetski Lauwers Roberts

Banks Glardon LaVoy Rogers

Barnett Goike Leonard Santana

Bolger Graves Lipton Schmidt

Brinks Greimel Lori Schor

Brown Haines Lund Segal

Brunner Haugh Lyons Shirkey

Bumstead Heise MacGregor Singh

Callton Hobbs MacMaster Slavens

Cavanagh Hooker McBroom Smiley

Clemente Hovey-Wright McCann Somerville

Cochran Howrylak McCready Stallworth

Cotter Jacobsen McMillin Stamas

Crawford Jenkins Muxlow Stanley

Daley Johnson Nesbitt Switalski

Darany Kandrevas O’Brien Talabi

Denby Kelly Oakes Tlaib

Dianda Kesto Olumba Townsend

Dillon Kivela Outman VerHeulen

Driskell Knezek Pagel Victory

Durhal Kosowski Pettalia Walsh

Faris Kowall Poleski Yanez

Farrington Kurtz Potvin Yonker

Forlini LaFontaine Price Zemke

Foster Lamonte Pscholka Zorn

Franz Lane Rendon

Nays—3

Geiss Irwin Robinson

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Senate Bill No. 126, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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

Roll Call No. 305 Yeas—104

Abed Geiss Lane Rendon

Banks Genetski Lauwers Roberts

Barnett Glardon LaVoy Rogers

Bolger Goike Leonard Santana

Brinks Graves Lipton Schmidt

Brown Greimel Lori Schor

Brunner Haines Lund Segal

Bumstead Haugh Lyons Shirkey

Callton Heise MacGregor Singh

Cavanagh Hobbs MacMaster Slavens

Clemente Hooker McBroom Smiley

Cochran Hovey-Wright McCann Somerville

Cotter Howrylak McCready Stallworth

Crawford Jacobsen McMillin Stamas

Daley Jenkins Muxlow Stanley

Darany Johnson Nesbitt Switalski

Denby Kandrevas O’Brien Talabi

Dianda Kelly Oakes Tlaib

Dillon Kesto Olumba Townsend

Driskell Kivela Outman VerHeulen

Durhal Knezek Pagel Victory

Faris Kosowski Pettalia Walsh

Farrington Kowall Poleski Yanez

Forlini Kurtz Potvin Yonker

Foster LaFontaine Price Zemke

Franz Lamonte Pscholka Zorn

Nays—2

Irwin Robinson

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4229, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 20, 21f, 24c, 25e, 26a, 74, 95, 107, and 147a (MCL 388.1606, 388.1620, 388.1621f, 388.1624c, 388.1625e, 388.1626a, 388.1674, 388.1695, 388.1707, and 388.1747a), sections 6, 24c, 26a, 74, 95, 107, and 147a as amended and sections 21f and 25e as added by 2013 PA 60 and section 20 as amended by 2013 PA 97.

The Senate has amended the bill as follows:

1. Amend page 14, line 19, after “OR” by striking out “340.1682” and inserting “340.1862”.

2. Amend page 51, following line 12, following section 95, by inserting:

“Sec. 104b. (1) In order to receive state aid under this act, a district shall comply with this section and shall administer the Michigan merit examination to pupils in grade 11, and to pupils in grade 12 who did not take the complete Michigan merit examination in grade 11, as provided in this section.

(2) For the purposes of this section, the department of management and budget shall contract with 1 or more providers to develop, supply, and score the Michigan merit examination. The Michigan merit examination shall consist of all of the following:

(a) Assessment instruments that measure English language arts, mathematics, reading, and science and are used by colleges and universities in this state for entrance or placement purposes. This shall include a writing component in which the pupil produces an extended writing sample. The Michigan merit examination shall not require any other extended writing sample.

(b) One or more tests from 1 or more test developers that assess a pupil’s ability to apply at least reading and mathematics skills in a manner that is intended to allow employers to use the results in making employment decisions. The department of management and budget and the superintendent shall ensure that any test or tests selected under this subdivision have all the components necessary to allow a pupil to be eligible to receive the results of a nationally recognized evaluation of workforce readiness if the pupil’s test performance is adequate.

(d) Any other component that is necessary to obtain the approval of the United States department of education to use the Michigan merit examination for the purposes of the ~~federal~~ no child left behind act of 2001, Public Law 107-110.

(3) In addition to all other requirements of this section, all of the following apply to the Michigan merit examination:

(a) The department of management and budget and the superintendent shall ensure that any contractor used for scoring the Michigan merit examination supplies an individual report for each pupil that will identify for the pupil’s parents and teachers whether the pupil met expectations or failed to meet expectations for each standard, to allow the pupil’s parents and teachers to assess and remedy problems before the pupil moves to the next grade.

(b) The department of management and budget and the superintendent shall ensure that any contractor used for scoring, developing, or processing the Michigan merit examination meets quality management standards commonly used in the assessment industry, including at least meeting level 2 of the capability maturity model developed by the software engineering institute of Carnegie Mellon university for the first year the Michigan merit examination is offered to all grade 11 pupils and at least meeting level 3 of the capability maturity model for subsequent years.

(c) The department of management and budget and the superintendent shall ensure that any contract for scoring, administering, or developing the Michigan merit examination includes specific deadlines for all steps of the assessment process, including, but not limited to, deadlines for the correct testing materials to be supplied to schools and for the correct results to be returned to schools, and includes penalties for noncompliance with these deadlines.

(d) The superintendent shall ensure that the Michigan merit examination meets all of the following:

(i) Is designed to test pupils on grade level content expectations or course content expectations, as appropriate, in all subjects tested.

(ii) Complies with requirements of the no child left behind act of 2001, Public Law 107-110.

(iii) Is consistent with the code of fair testing practices in education prepared by the joint committee on testing practices of the American psychological association.

(iv) Is factually accurate. If the superintendent determines that a question is not factually accurate and should be excluded from scoring, the state board and the superintendent shall ensure that the question is excluded from scoring.

(4) A district shall include on each pupil’s high school transcript all of the following:

(a) For each high school graduate who has completed the Michigan merit examination under this section, the pupil’s scaled score on each subject area component of the Michigan merit examination.

(b) The number of school days the pupil was in attendance at school each school year during high school and the total number of school days in session for each of those school years.

(5) The superintendent shall work with the provider or providers of the Michigan merit examination to produce Michigan merit examination subject area scores for each pupil participating in the Michigan merit examination, including scaling and merging of test items for the different subject area components. The superintendent shall design and distribute to districts, intermediate districts, and nonpublic schools a simple and concise document that describes the scoring for each subject area and indicates the scaled score ranges for each subject area.

(6) The Michigan merit examination shall be administered each year after March 1 and before June 1 to pupils in grade 11. The superintendent shall ensure that the Michigan merit examination is scored and the scores are returned to pupils, their parents or legal guardians, and districts not later than the beginning of the pupil’s first semester of grade 12. The returned scores shall indicate at least the pupil’s scaled score for each subject area component and the range of scaled scores for each subject area. In reporting the scores to pupils, parents, and schools, the superintendent shall provide standards-specific, meaningful, and timely feedback on the pupil’s performance on the Michigan merit examination.

(7) A district shall administer the complete Michigan merit examination to a pupil only once and shall not administer the complete Michigan merit examination to the same pupil more than once. If a pupil does not take the complete Michigan merit examination in grade 11, the district shall administer the complete Michigan merit examination to the pupil in grade 12. If a pupil chooses to retake the college entrance examination component of the Michigan merit examination, as described in subsection (2)(a), the pupil may do so through the provider of the college entrance examination component and the cost of the retake is the responsibility of the pupil unless all of the following are met:

(a) The pupil has taken the complete Michigan merit examination.

(b) The pupil did not qualify for a Michigan promise grant under section 6 of the Michigan promise grant act, 2006 PA 479, MCL 390.1626, based on the pupil’s performance on the complete Michigan merit examination.

(c) The pupil meets the income eligibility criteria for free breakfast, lunch, or milk, as determined under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769i.

(d) The pupil has applied to the provider of the college entrance examination component for a scholarship or fee waiver to cover the cost of the retake and that application has been denied.

(e) After taking the complete Michigan merit examination, the pupil has not already received a free retake of the college entrance examination component paid for either by this state or through a scholarship or fee waiver by the provider.

(8) The superintendent shall ensure that the length of the Michigan merit examination and the combined total time necessary to administer all of the components of the Michigan merit examination are the shortest possible that will still maintain the degree of reliability and validity of the Michigan merit examination results determined necessary by the superintendent. The superintendent shall ensure that the maximum total combined length of time that schools are required to set aside for pupils to answer all test questions on the Michigan merit examination does not exceed 8 hours if the superintendent determines that sufficient alignment to applicable Michigan merit curriculum content standards can be achieved within that time limit.

(9) A district shall provide accommodations to a pupil with disabilities for the Michigan merit examination, as provided under section 504 of title V of the rehabilitation act of 1973, 29 USC 794; subtitle A of title II of the Americans with disabilities act of 1990, 42 USC 12131 to 12134; the individuals with disabilities education act amendments of 1997, Public Law 105-17; and the implementing regulations for those statutes. The provider or providers of the Michigan merit examination and the superintendent shall mutually agree upon the accommodations to be provided under this subsection.

(10) To the greatest extent possible, the Michigan merit examination shall be based on grade level content expectations or course content expectations, as appropriate. Not later than July 1, 2008, the department shall identify specific grade level content expectations to be taught before and after the middle of grade 11, so that teachers will know what content will be covered within the Michigan merit examination.

(11) A child who is a student in a nonpublic school or home school may take the Michigan merit examination under this section. To take the Michigan merit examination, a child who is a student in a home school shall contact the district in which the child resides, and that district shall administer the Michigan merit examination, or the child may take the Michigan merit examination at a nonpublic school if allowed by the nonpublic school. Upon request from a nonpublic school, the superintendent shall direct the provider or providers to supply the Michigan merit examination to the nonpublic school and the nonpublic school may administer the Michigan merit examination. If a district administers the Michigan merit examination under this subsection to a child who is not enrolled in the district, the scores for that child are not considered for any purpose to be scores of a pupil of the district.

(12) In contracting under subsection (2), the department of management and budget shall consider a contractor that provides electronically-scored essays with the ability to score constructed response feedback in multiple languages and provide ongoing instruction and feedback.

(13) The purpose of the Michigan merit examination is to assess pupil performance in mathematics, science, social studies, and English language arts for the purpose of improving academic achievement and establishing a statewide standard of competency. The assessment under this section provides a common measure of data that will contribute to the improvement of Michigan schools’ curriculum and instruction by encouraging alignment with Michigan’s curriculum framework standards and promotes pupil participation in higher level mathematics, science, social studies, and English language arts courses. These standards are based upon the expectations of what pupils should learn through high school and are aligned with national standards.

(14) FOR A PUPIL ENROLLED IN A MIDDLE COLLEGE PROGRAM, OTHER THAN A MIDDLE COLLEGE OPERATED AS A SHARED EDUCATIONAL ENTITY OR A SPECIALIZED SHARED EDUCATIONAL ENTITY, IF THE PUPIL RECEIVES AT LEAST 50% OF HIS OR HER INSTRUCTION AT THE HIGH SCHOOL WHILE IN GRADE 11, THE MICHIGAN MERIT EXAMINATION SHALL BE ADMINISTERED TO THE PUPIL AT THE HIGH SCHOOL AT WHICH THE PUPIL RECEIVES HIGH SCHOOL INSTRUCTION, AND THE DEPARTMENT SHALL INCLUDE THE PUPIL’S SCORES ON THE MICHIGAN MERIT EXAMINATION IN THE SCORES FOR THAT HIGH SCHOOL FOR ALL PURPOSES FOR WHICH A SCHOOL’S OR DISTRICT’S RESULTS ARE REPORTED. THE DEPARTMENT SHALL ALLOW THE MIDDLE COLLEGE PROGRAM TO USE A 5-YEAR GRADUATION RATE FOR DETERMINING ADEQUATE YEARLY PROGRESS. AS USED IN THIS SUBSECTION, “MIDDLE COLLEGE” MEANS A PROGRAM CONSISTING OF A SERIES OF COURSES AND OTHER REQUIREMENTS AND CONDITIONS, INCLUDING AN EARLY COLLEGE OR OTHER PROGRAM CREATED UNDER A MEMORANDUM OF UNDERSTANDING, THAT ALLOWS A PUPIL TO GRADUATE FROM HIGH SCHOOL WITH BOTH A HIGH SCHOOL DIPLOMA AND A CERTIFICATE OR DEGREE FROM A COMMUNITY COLLEGE OR STATE PUBLIC UNIVERSITY.

(15) ~~(14)~~ As used in this section:

(a) “English language arts” means reading and writing.

(b) “Social studies” means United States history, world history, world geography, economics, and American government.”.

3. Amend page 51, following line 12, by striking out all of section 95.

The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 6, 20, 21f, 24c, 25e, 26a, 74, 104b, 107, and 147a (MCL 388.1606, 388.1620, 388.1621f, 388.1624c, 388.1625e, 388.1626a, 388.1674, 388.1704b, 388.1707, and 388.1747a), sections 6, 24c, 26a, 74, 107, and 147a as amended and sections 21f and 25e as added by 2013 PA 60, section 20 as amended by 2013 PA 97, and section 104b as amended by 2008 PA 268.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Stamas moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendments made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 306 Yeas—106

Abed Genetski Lauwers Roberts

Banks Glardon LaVoy Robinson

Barnett Goike Leonard Rogers

Bolger Graves Lipton Santana

Brinks Greimel Lori Schmidt

Brown Haines Lund Schor

Brunner Haugh Lyons Segal

Bumstead Heise MacGregor Shirkey

Callton Hobbs MacMaster Singh

Cavanagh Hooker McBroom Slavens

Clemente Hovey-Wright McCann Smiley

Cochran Howrylak McCready Somerville

Cotter Irwin McMillin Stallworth

Crawford Jacobsen Muxlow Stamas

Daley Jenkins Nesbitt Stanley

Darany Johnson O’Brien Switalski

Denby Kandrevas Oakes Talabi

Dianda Kelly Olumba Tlaib

Dillon Kesto Outman Townsend

Driskell Kivela Pagel VerHeulen

Durhal Knezek Pettalia Victory

Faris Kosowski Poleski Walsh

Farrington Kowall Potvin Yanez

Forlini Kurtz Price Yonker

Foster LaFontaine Pscholka Zemke

Franz Lamonte Rendon Zorn

Geiss Lane

Nays—0

In The Chair: Walsh

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 11.

(For text of concurrent resolution, see House Journal No. 78, p. 1477.)

(The concurrent resolution was reported by the Committee on Education on September 26, with substitute (H-3).)

(For substitute, see today’s Journal, p. 1493.)

The question being on the adoption of the proposed substitute (H-3) recommended by the Committee,

Rep. Rogers moved to amend the substitute (H-3) as follows:

1. Amend the resolution, by striking out all of the eleventh Resolving clause.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the substitute (H- 3) previously recommended by the Committee on Education,

The substitute (H-3), as amended, was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the concurrent resolution,

Rep. Stamas demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 307 Yeas—85

Abed Greimel Lori Schmidt

Banks Haines Lund Schor

Barnett Haugh Lyons Segal

Bolger Heise MacGregor Shirkey

Brinks Hobbs McBroom Singh

Brown Hovey-Wright McCann Slavens

Brunner Irwin McCready Smiley

Cavanagh Jacobsen Muxlow Stallworth

Clemente Jenkins Nesbitt Stamas

Cochran Kandrevas O’Brien Stanley

Crawford Kelly Oakes Switalski

Darany Kesto Olumba Talabi

Denby Kivela Outman Tlaib

Dianda Knezek Pagel Townsend

Dillon Kosowski Poleski VerHeulen

Driskell Kowall Price Victory

Durhal LaFontaine Pscholka Walsh

Faris Lamonte Roberts Yanez

Foster Lane Robinson Yonker

Geiss LaVoy Rogers Zemke

Glardon Lipton Santana Zorn

Graves

Nays—21

Bumstead Franz Johnson McMillin

Callton Genetski Kurtz Pettalia

Cotter Goike Lauwers Potvin

Daley Hooker Leonard Rendon

Farrington Howrylak MacMaster Somerville

Forlini

In The Chair: Walsh

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, September 26:

House Bill Nos. 5006 5007

Senate Bill Nos. 541 542 543 544 545 546 547 548 549 550 551 552 553

The Clerk announced that the following Senate bills had been received on Thursday, September 26:

Senate Bill Nos. 311 397 398

Messages from the Senate

House Bill No. 4344, entitled

A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending section 2 (MCL 28.602), as amended by 2004 PA 379.

The Senate has amended the bill as follows:

1. Amend page 1, line 5, after “means” by striking out “either” and inserting “ANY”.

2. Amend page 2, following line 3, by inserting:

“(iii) A DETERMINATION BY THE COMMISSION THAT A PERSON SATISFIES ALL OF THE FOLLOWING CONDITIONS:

(A) THE PERSON IS THE CHIEF OF POLICE OF A POLICE DEPARTMENT OF A CITY WITH A POPULATION OF NOT LESS THAN 600,000 ACCORDING TO THE MOST RECENT DECENNIAL CENSUS.

(B) THE PERSON WAS EMPLOYED AS A LAW ENFORCEMENT OFFICER OF ANOTHER STATE WITHIN THE PREVIOUS 12 MONTHS, AND THAT STATE MAINTAINS STANDARDS SUBSTANTIALLY SIMILAR TO LAW ENFORCEMENT OFFICER MINIMUM STANDARDS.”.

The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 311, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending sections 1 and 2 (MCL 722.641 and 722.642), as amended by 2006 PA 236.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

Senate Bill No. 397, entitled

A bill to amend 2010 PA 275, entitled “Next Michigan development act,” by amending section 5 (MCL 125.2955).

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Commerce.

Senate Bill No. 398, entitled

A bill to amend 2010 PA 275, entitled “Next Michigan development act,” by amending section 4 (MCL 125.2954).

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Commerce.

Notices

Pursuant to Rule 41, the Speaker has made the following referral:

Senate Bill No. 227 referred to the Committee on Commerce.

Messages from the Governor

Date: September 25, 2013

Time: 2:45 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4284 (Public Act No. 117, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 81131 (MCL 324.81131), as amended by 2011 PA 107.

(Filed with the Secretary of State September 25, 2013, at 3:28 p.m.)

Date: September 25, 2013

Time: 2:47 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4299 (Public Act No. 118, I.E.), being

(Filed with the Secretary of State September 25, 2013, at 3:30 p.m.)

Introduction of Bills

Rep. Nesbitt introduced

House Bill No. 5008, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 623, 665, and 671 (MCL 206.623, 206.665, and 206.671), section 623 as amended by 2012 PA 414, section 665 as added by 2011 PA 38, and section 671 as amended by 2011 PA 313.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Rep. Farrington introduced

House Bill No. 5009, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 691 (MCL 206.691), as amended by 2012 PA 70.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Rep. Cotter introduced

House Bill No. 5010, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 625 and 663 (MCL 206.625 and 206.663), section 625 as amended by 2011 PA 175 and section 663 as amended by 2011 PA 308.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Rep. Haugh introduced

House Bill No. 5011, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 673 (MCL 206.673), as added by 2011 PA 181.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Kowall, Heise, Jenkins, Graves, Zorn, Pagel, O’Brien, Denby, Jacobsen, Lori, Rendon, Tlaib and Cavanagh introduced

House Bill No. 5012, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 451 (MCL 750.451), as amended by 2002 PA 44.

The bill was read a first time by its title and referred to the Committee on Criminal Justice.

Reps. Stamas, Cotter, O’Brien, Lund, LaFontaine, Foster, Johnson, Schmidt, Glardon, Kelly, Walsh, Brown, Price, Lauwers, Jacobsen and Farrington introduced

House Bill No. 5013, entitled

A bill to amend 2010 PA 297, entitled “Energy for economic development act of 2010,” by amending section 5 (MCL 460.995).

The bill was read a first time by its title and referred to the Committee on Energy and Technology.

Reps. Zorn, Johnson, Pagel, Yonker, VerHeulen, MacMaster, Kurtz, Graves, Daley, Lauwers, Rendon, Jenkins, LaFontaine, O’Brien, Lori, Denby, Price, Kowall and Howrylak introduced

House Bill No. 5014, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1024.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. Zorn, Johnson, Pagel, Yonker, VerHeulen, MacMaster, Kurtz, Graves, Daley, Lauwers, Rendon, Jenkins, LaFontaine, O’Brien, Lori, Denby, Price, Kowall and Howrylak introduced

House Bill No. 5015, entitled

A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” (MCL 431.301 to 431.336) by adding section 9b.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. Zorn, Johnson, Pagel, Yonker, VerHeulen, MacMaster, Kurtz, Graves, Daley, Lauwers, Rendon, Jenkins, LaFontaine, O’Brien, Lori, Denby, Price, Kowall and Howrylak introduced

House Bill No. 5016, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57v (MCL 400.57v), as added by 2012 PA 197.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. O’Brien, Bumstead, Foster, Rendon, Lane, Outman, Schmidt and Rogers introduced

House Bill No. 5017, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7ss (MCL 211.7ss), as added by 2012 PA 494.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Leonard, Johnson, Lauwers, Daley, Robinson, Somerville and MacGregor introduced

House Bill No. 5018, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2011 PA 64.

The bill was read a first time by its title and referred to the Committee on Criminal Justice.

Reps. Johnson, Leonard, Lauwers, Daley, Robinson, Somerville and MacGregor introduced

House Bill No. 5019, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 2012 PA 527.

The bill was read a first time by its title and referred to the Committee on Criminal Justice.

Announcements by the Clerk

The Clerk received the following dissent on House Bill Nos. 4950, 4951, 4952, 4953 and 4954 and Senate Bill No. 126, from Rep. Irwin:

I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.

Rep. Greimel moved that the House adjourn.

The motion prevailed, the time being 3:15 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, October 1, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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