No. 54

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Thursday, June 9, 2011.

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.

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—excused Lyons—present Santana—present

Bolger—present Haugh—excused 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—excused Lindberg—present

e/d/s = entered during session

Rep. Chuck Moss, from the 40th District, offered the following invocation:

“Thank You Lord, for this day that reminds us that our weather is in Your keeping.

Thank You for the blessings of Summer, that we appreciate all the more after a long, hard winter.

Thank You for reminding us that for too many, food, warmth and shelter and employment are scarce blessings.

Thank You for the opportunity today for service, commitment, and the chance to make our Great state an even greater place.

On a day as cold as the last few were hot, back in 1961, John F. Kennedy concluded his inaugural address with these words:

With a good conscience our only sure reward,

with history the final judge of our deeds,

let us go forth to lead the land we love,

asking His blessing and His help,

but knowing that here on earth

Gods work must truly be our own.

Amen.”

______

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

The motion prevailed.

Rep. Segal moved that Reps. Hammel and Haugh be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Cotter, Horn, Huuki, Knollenberg, LeBlanc and Tyler offered the following resolution:

House Resolution No. 100.

A resolution to memorialize Congress and the U.S. Department of Agriculture to increase the flexibility of states to administer the Supplemental Nutrition Assistance Program.

Whereas, Through the various programs offered, including the School Lunch Program, the Supplemental Nutrition Assistance Program (SNAP), the Farmer’s Market Nutrition Program, and a host of other nutritional support endeavors, the federal government provides access to food for children and low-income people. The operation of these programs affects the lives of families and individuals at the state and local levels, therefore, state government should have more latitude and authority to tailor programs to meet the needs of individual communities. Because the quality of food available through the U.S. Department of Agriculture Food and Nutrition Assistance Programs is an important part of improving the health of low-income Americans of all ages, states need authority that extends beyond the waiver process to ensure that assistance is provided to those most in need; and

Whereas, While many strides have been made to increase the quality of food that is made available through the Nutrition Assistance Program, more needs to be done. With obesity rising to the forefront of public health concerns, especially among our young people, it is essential that we increase our efforts to improve the quality of food by promoting better nutrition choices among program recipients and increasing healthy food options in the National School Lunch or School Breakfast Programs; and

Whereas, SNAP statutes, regulations, and waivers offer states numerous policy options for the purpose of streamlining operations. However, states are restricted from having a voice that enables significant control over the distribution of SNAP funding where it may be most needed. It is essential that the Nutrition Assistance Program increase its efforts to ensure access to nutritious foods that will help address the burgeoning incidences of obesity and nutrition-related chronic disease in this country; now, therefore, be it

Resolved by the House of Representatives, That we urge Congress and the U.S. Department of Agriculture Food and Nutrition Assistance Program to increase the quality of food options through the Nutrition Assistance Programs and to offer states greater flexibility in the operation of SNAP, whether through block grants or the administration of the program; and be it further

Resolved, That copies of this resolution be transmitted to the Secretary of the United States Department of Agriculture, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Families, Children, and Seniors.

Reps. Haveman, Horn, Huuki, Knollenberg, LeBlanc and Tyler offered the following concurrent resolution:

House Concurrent Resolution No. 31.

A concurrent resolution to memorialize Congress and the U.S. Department of Agriculture to increase the flexibility of states to administer the Supplemental Nutrition Assistance Program.

Whereas, Through the various programs offered, including the School Lunch Program, the Supplemental Nutrition Assistance Program (SNAP), the Farmer’s Market Nutrition Program, and a host of other nutritional support endeavors, the federal government provides access to food for children and low-income people. The operation of these programs affects the lives of families and individuals at the state and local levels, therefore, state government should have more latitude and authority to tailor programs to meet the needs of individual communities. Because the quality of food available through the U.S. Department of Agriculture Food and Nutrition Assistance Programs is an important part of improving the health of low-income Americans of all ages, states need authority that extends beyond the waiver process to ensure that assistance is provided to those most in need; and

Whereas, While many strides have been made to increase the quality of food that is made available through the Nutrition Assistance Program, more needs to be done. With obesity rising to the forefront of public health concerns, especially among our young people, it is essential that we increase our efforts to improve the quality of food by promoting better nutrition choices among program recipients and increasing healthy food options in the National School Lunch or School Breakfast Programs; and

Whereas, SNAP statutes, regulations, and waivers offer states numerous policy options for the purpose of streamlining operations. However, states are restricted from having a voice that enables significant control over the distribution of SNAP funding where it may be most needed. It is essential that the Nutrition Assistance Program increase its efforts to ensure access to nutritious foods that will help address the burgeoning incidences of obesity and nutrition-related chronic disease in this country; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge Congress and the U.S. Department of Agriculture Food and Nutrition Assistance Program to increase the quality of food options through the Nutrition Assistance Programs and to offer states greater flexibility in the operation of SNAP, whether through block grants or the administration of the program; and be it further

Resolved, That copies of this resolution be transmitted to the Secretary of the United States Department of Agriculture, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Families, Children, and Seniors.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Second Reading of Bills

House Bill No. 4553, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2203 and 2205 (MCL 339.2203 and 339.2205), as amended by 2008 PA 490.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4584, entitled

A bill to amend 2010 PA 370, entitled “Michigan professional employer organization regulatory act,” by amending sections 7, 9, 15, 17, 19, 21, 23, and 27 (MCL 338.3727, 338.3729, 338.3735, 338.3737, 338.3739, 338.3741, 338.3743, and 338.3747).

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

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

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

The motion prevailed.

Senate Bill No. 226, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7b (MCL 722.627b), as added by 1997 PA 167.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 228, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7 (MCL 722.627), as amended by 2008 PA 300.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4666, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 36111 (MCL 324.36111), as amended by 2002 PA 75.

The bill was read a second time.

Rep. LaFontaine moved to amend the bill as follows:

1. Amend page 5, line 25, after “WAS” by striking out the balance of the line through “JANUARY” on line 26 and inserting “APPROVED OR REJECTED BY THE LOCAL GOVERNING BODY UNDER SECTION 36104 ON OR AFTER JULY”.

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

Rep. LaFontaine 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

Third Reading of Bills

House Bill No. 4625, entitled

A bill to amend 1937 (Ex Sess) PA 4, entitled “An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act,” by amending sections 1, 2, 3, and 3a of article II, sections 1, 2, and 3 of article III, and section 4 of article IV (MCL 38.81, 38.82, 38.83, 38.83a, 38.91, 38.92, 38.93, and 38.104), sections 1 and 2 of article II and section 2 of article III as amended and section 3a of article II and section 3 of article III as added by 1993 PA 59, section 1 of article III as amended by 1996 PA 282, and section 4 of article IV as amended by 1993 PA 60, and by adding sections 3b and 3c to article II and section 1a to article III; 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. 169 Yeas—70

Agema Haveman Lyons Price

Bolger Heise MacGregor Pscholka

Bumstead Hooker MacMaster Rendon

Callton Horn McBroom Rogers

Cavanagh Hughes McMillin Rutledge

Cotter Huuki Melton Schmidt, R.

Crawford Jackson Moss Schmidt, W.

Daley Jacobsen Muxlow Scott

Damrow Jenkins Nesbitt Shaughnessy

Denby Johnson O’Brien Shirkey

Farrington Knollenberg Olson Somerville

Forlini Kowall Opsommer Stamas

Foster Kurtz Ouimet Stapleton

Franz LaFontaine Outman Tyler

Gilbert Lane Pettalia Walsh

Glardon LeBlanc Poleski Yonker

Goike Lori Potvin Zorn

Haines Lund

Nays—37

Ananich Dillon Lipton Slavens

Barnett Durhal Liss Smiley

Bauer Geiss McCann Stallworth

Bledsoe Hobbs Meadows Stanley

Brown Hovey-Wright Nathan Switalski

Brunner Howze Oakes Talabi

Byrum Irwin Olumba Tlaib

Clemente Kandrevas Santana Townsend

Constan Lindberg Segal Womack

Darany

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 1937 (Ex Sess) PA 4, entitled “An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act,” by amending sections 1, 2, 3, and 3a of article II, sections 1, 2, and 3 of article III, and section 4 of article IV (MCL 38.81, 38.82, 38.83, 38.83a, 38.91, 38.92, 38.93, and 38.104), sections 1 and 2 of article II and section 2 of article III as amended and section 3a of article II and section 3 of article III as added by 1993 PA 59, section 1 of article III as amended by 1996 PA 282, and section 4 of article IV as amended by 1993 PA 60, and by adding sections 3b and 3c to article II, section 1a to article III, and section 1b to article IV; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Geiss, 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:

Today’s debate is based on rhetoric, not data or facts. Other speakers have talked about this package of bills without the data to support their points.

We have not just talked about reform, we worked in the last legislature on the Race to the Top package of bills. Part of this package of bills dealt with Teacher and Administrator Evaluation. The bills required the development of a system to evaluate student academic growth using local assessments and statewide tests. All teachers and administrators must be reviewed annually and given timely feedback.

The legislation also required that districts use data to: evaluate the effectiveness of teachers and school administrators, determine eligibility for promotion or retention, grant tenure and use during dismissal to help determine the effectiveness of teachers.

My simple question during this tenure debate has been, where is the data? Have the laws passed in December of 2009, a year and a half ago, been promulgated by the Department of Education? We don’t know. This was not covered during our debate and discussion.

How do we know what an ineffective teacher is? We are talking about ineffective teachers with no actual data, only horror stories that paint a misleading picture of the teaching profession as a whole.

Senate Bill 926 required that the Center for Educational Performance and Information to work with the Michigan Department of Education to create and implement a teacher identification system with the ability to match an individual teacher to the individual pupils that teacher has taught.

Again I ask, has this been implemented by the Department of Education? They have had 1 1/2 years to implement this. Have they done so? We do not know.

There is much we do not know because this information was never delved into during the committee process. Instead, stereotypes and innuendo were used to paint a negative view of our teachers in Michigan.

In closing, since we are discussing effectiveness and evaluations, let me give a 360 degree feedback on the committee process that developed these bills. Members should have been afforded equal opportunity to speak and discuss the merits of this legislation. Instead, during 5 months of Education committee hearings, those that espoused the views held by the majority were granted great latitude in their comments and follow-up questions. Those that did not, were quickly gaveled down or cut off without equal opportunity to participate in the debate.

This is not a bi-partisan process, and neither are these bills. I urge a no vote from my fellow members of the House.”

Rep. Womack, 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 support tenure reform but this effort requires more discussion and input. The current language of the bill is too ambiguous. There is no definition of effective or ineffective.”

Rep. Hovey-Wright, 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:

There is no doubt that the tenure system in Michigan needs to be reformed. The process needs to be more efficient and less costly for the district. Unfortunately these bills don’t’ fix tenure and go too far with issues not directly related getting rid of bad teachers. They do not define ‘ineffective’ or ‘effective’, they remove ‘reasonable and just cause’ for dismissal, remove protections that are needed to prevent arbitrary and capricious dismissals and attack collective bargaining rights of our teacher unions. We need to go back to the drawing board.”

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

“Mr. Speaker and members of the House:

I rise in opposition to the package of bills, HB 4625-4628.

I am not voting against these bills because I don’t support tenure reform or ending mandatory last-in-first-out policies. On the contrary, I support streamlining our tenure process and I voted yesterday in favor of the Brown substitute that would significantly reduce the time it takes to remove an ineffective teacher. I also believe we need to reform the last-in-first-out system in favor of an approach that focuses first and foremost on making sure that we have the highest quality teachers in the classroom.

Unfortunately, today we are being forced to vote on a package of bills that does not include a system of evaluating teacher and administrator performance. It’s not enough to eliminate LIFO, we must enact an evaluation bill that provides clear and practical criteria for judging the performance of teachers and administrators. Sole reliance on seniority for determining which teachers to retain or call back is bad policy. But eliminating LIFO without an alternative is not good enough for your kids and the hardworking teachers and administrators that we entrust to educate them.

I am also voting against the tenure and LIFO bills because they are tie-barred to a bill, HB 4628, that destroys collective bargaining rights for teachers. Educators deserve the same rights as members of other unions, whether public or private. Collective bargaining is a basic civil right and these constant attempts to erode employee rights are bad policy. I offered an amendment on the floor of the House to strike the tie-bar to HB 4628 but it was gaveled down by the majority without even a vote. So long as this tie-bar exists I cannot in good conscience support the LIFO and tenure bills in this package.

When will we work to pass good public policy without the things that are added simply to score political points? Reform should be about getting sufficient resources in the classroom and fostering accountability for our teachers and administrators. This package of bills fails to meet that standard. I stand ready to work with colleagues on both sides of the aisle to enact a package of bills that properly funds public education, streamlines the process for removing ineffective teachers, eliminates sole reliance on LIFO and establishes a basis for judging teacher and administrator effectiveness that focuses on student achievement.

Mr. Speaker, the bills we voted on today were all about partisan politics and disabling teacher unions. It is time to take the politics out of making education policy in Michigan and, instead, make decisions based on what is best for our kids and our state’s future.”

House Bill No. 4626, entitled

A bill to amend 1937 (Ex Sess) PA 4, entitled “An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act,” by amending section 4 of article I and sections 1 and 3 of article IV (MCL 38.74, 38.101, and 38.103), section 4 of article I and section 3 of article IV as amended by 2005 PA 124 and section 1 of article IV as amended by 2005 PA 136.

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

Roll Call No. 170 Yeas—61

Agema Haveman MacGregor Potvin

Bolger Heise MacMaster Price

Bumstead Horn McBroom Pscholka

Cotter Hughes McMillin Rendon

Crawford Huuki Melton Rogers

Daley Jacobsen Moss Schmidt, W.

Damrow Jenkins Muxlow Scott

Denby Johnson Nesbitt Shaughnessy

Farrington Knollenberg O’Brien Shirkey

Forlini Kowall Olson Somerville

Foster Kurtz Opsommer Stamas

Franz LaFontaine Ouimet Tyler

Gilbert Lori Outman Walsh

Glardon Lund Pettalia Yonker

Goike Lyons Poleski Zorn

Haines

Nays—46

Ananich Dillon Lindberg Segal

Barnett Durhal Lipton Slavens

Bauer Geiss Liss Smiley

Bledsoe Hobbs McCann Stallworth

Brown Hooker Meadows Stanley

Brunner Hovey-Wright Nathan Stapleton

Byrum Howze Oakes Switalski

Callton Irwin Olumba Talabi

Cavanagh Jackson Rutledge Tlaib

Clemente Kandrevas Santana Townsend

Constan Lane Schmidt, R. Womack

Darany LeBlanc

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 1937 (Ex Sess) PA 4, entitled “An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act,” by amending section 4 of article I, sections 1 and 3 of article IV, and section 2 of article V (MCL 38.74, 38.101, 38.103, and 38.112), section 4 of article I and section 3 of article IV as amended by 2005 PA 124 and section 1 of article IV as amended by 2005 PA 136.