No. 42

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Tuesday, May 7, 2013.

1:30 p.m.

The House was called to order by the Speaker.

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

Abed—present Genetski—present Lauwers—present Roberts—present

Ananich—present Glardon—present LaVoy—present Robinson—present

Banks—present Goike—present Leonard—present Rogers—present

Barnett—present Graves—present Lipton—present Rutledge—present

Bolger—present Greimel—present Lori—present Santana—present

Brinks—present Haines—present Lund—present Schmidt—present

Brown—present Haugh—present Lyons—present Schor—present

Brunner—present Haveman—present MacGregor—present Segal—present

Bumstead—present Heise—present MacMaster—present Shirkey—present

Callton—present Hobbs—present McBroom—present Singh—present

Cavanagh—present Hooker—present McCann—present Slavens—present

Clemente—present Hovey-Wright—present McCready—present Smiley—present

Cochran—present Howrylak—present McMillin—present Somerville—present

Cotter—present Irwin—present Muxlow—present Stallworth—present

Crawford—present Jacobsen—present Nathan—present Stamas—present

Daley—present Jenkins—present Nesbitt—present Stanley—present

Darany—present Johnson—present O’Brien—present Switalski—present

Denby—present Kandrevas—present Oakes—present Talabi—present

Dianda—present Kelly—present Olumba—present Tlaib—present

Dillon—present Kesto—present Outman—present Townsend—present

Driskell—present Kivela—present Pagel—present VerHeulen—present

Durhal—present Knezek—present Pettalia—present Victory—present

Faris—present Kosowski—excused Poleski—present Walsh—present

Farrington—present Kowall—present Potvin—present Yanez—present

Forlini—present Kurtz—present Price—present Yonker—present

Foster—present LaFontaine—present Pscholka—present Zemke—present

Franz—present Lamonte—present Rendon—present Zorn—present

Geiss—present Lane—present

e/d/s = entered during session

Rep. Sean McCann, from the 60th District, offered the following invocation:

“Let us pray together, each one of us, according to our individual beliefs.

Let us offer thanks for our good fortune, and blessings to all.

Let us be a source of hope for those in need, and contentment for those who are lonely.

Let us give gratitude for our opportunity to serve the people of the state of Michigan.

And let the feelings of love, kindness, and a well directed, yet gentle spirit always be reflected in our actions.

Amen.”

______

Rep. Hobbs moved that Rep. Kosowski be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Slavens, Segal, McCann, Knezek, Schor, Hovey-Wright, Abed, Brown, Brunner, Crawford, Darany, Durhal, Geiss, Howrylak, Irwin, LaVoy and Roberts offered the following resolution:

House Resolution No. 122.

A resolution to declare May 2013 as Brain Tumor Awareness Month in the state of Michigan.

Whereas, Each year, more than 66,000 people in the United States are diagnosed with primary malignant and non-malignant brain tumors; and

Whereas, Over 688,000 Americans are living with a primary brain tumor; and

Whereas, Brain tumors strike men, women, and children of any race, and at any age; and

Whereas, More so than any other cancer, brain tumors can have life-altering psychological, cognitive, behavioral, and physical effects; and

Whereas, The treatment of brain tumors is complicated by the fact that more than 120 different types of brain tumors exist; and

Whereas, Although a large number of promising treatments have been developed in recent years, the long-term survival rates have not improved greatly, and the cure rate for most brain tumors is significantly lower than that for many other types of cancer; and

Whereas, A need for greater public awareness of brain tumors exists, including awareness of the difficulties associated with research on brain tumors and the opportunities for advances in brain tumor research and treatment; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 2013 as Brain Tumor Awareness Month in the state of Michigan. We express support for those individuals who are battling brain tumors, and we honor and recognize the family, friends, and loved ones whom we have lost to brain cancer.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Slavens, Segal, McCann, Knezek, Schor, Hovey-Wright, Abed, Brown, Brunner, Crawford, Darany, Durhal, Geiss, Howrylak, Irwin, LaVoy, O’Brien, Poleski and Roberts offered the following resolution:

House Resolution No. 123.

A resolution to declare May 9, 2013, as Children’s Mental Health Awareness Day in the state of Michigan.

Whereas, Addressing the complex mental health needs of children, youth, and families today is fundamental to the future of Michigan; and

Whereas, Many children and adolescents face serious challenges to their mental health; and

Whereas, The mental health of children and adolescents substantially impacts their future quality of life and ability to contribute to society as adults; and

Whereas, Preventative measures, early identification, and early interventions for the mental health of children and adolescents are proven to be highly cost-effective and efficient measures that maximize their health status; and

Whereas, The Michigan Department of Community Health, the Association for Children’s Mental Health, Michigan health care providers, quality improvement partners, and consumer advocates, through their unique approach to serving children and adolescents, are effectively caring for the mental health needs of children, youth, and families in our community; and

Whereas, It is appropriate that a day should be set apart each year for the direction of our thoughts toward our children’s mental health and well-being; and

Whereas, This resolution calls attention to the importance of children’s mental health and well-being and observance of the annual National Children’s Mental Health Awareness Day on May 9; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 9, 2013, as Children’s Mental Health Awareness Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Glardon, Callton, Lane, Brown, Brunner, Crawford, Darany, Durhal, Geiss, Hovey-Wright, Hooker, Irwin, Kelly, LaVoy, O’Brien, Poleski, Roberts, Segal and Slavens offered the following resolution:

House Resolution No. 124.

A resolution to declare May 6-12, 2013, as Nurses Week in the state of Michigan.

Whereas, The nearly 146,488 nurses in Michigan comprise the largest group of health care professionals in the state; and

Whereas, Nurses provide the most direct and continuous care to populations of every age and in every environment of care; and

Whereas, Nursing has been proven to be an indispensable component in the delivery of safe, effective, quality care for patients in virtually every setting; and

Whereas, Nurses generate and use specialized knowledge, skill, and caring to improve the health status of the public; and

Whereas, Nurses volunteer countless hours to their professional and other organizations to address health, health policy, and professional issues; and

Whereas, Each year the demand for nursing services will increase because of the aging of the Michigan population, continuing expansion of life-sustaining technology, increasingly complex health care needs of Michigan citizens, and the explosive growth of residential and home care services; and

Whereas, The development and maintenance of a vital nursing workforce in Michigan is of concern to all of our residents; and

Whereas, National Nurses Week, beginning May 6, 2013, provides an excellent opportunity to extend our appreciation and gratitude to the nurses of Michigan who serve twenty-four hours a day, seven days a week throughout the state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 6-12, 2013, as Nurses Week in the state of Michigan. We ask that all residents of Michigan join in honoring the nurses who care for all of us. We also encourage all citizens to show appreciation for accomplishments in the field of nursing and efforts to improve the health of our state not just during this week, but at every opportunity throughout the year.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Franz, Kelly, Howrylak, Price, Poleski, MacMaster, Somerville, Kurtz, Genetski, Brown, Brunner, Crawford, Darany, Durhal, Geiss, Hovey-Wright, Hooker, Irwin, LaVoy, O’Brien, Roberts, Segal and Slavens offered the following resolution:

House Resolution No. 125.

A resolution to declare September 20, 2013 as POW/MIA Recognition Day in the state of Michigan.

Whereas, The United States has fought in many wars. Thousands of Americans who served in those wars were captured by the enemy or listed as missing in action; and

Whereas, It has always been the creed of those who wear a military uniform never to leave a fallen comrade on the battlefield. On this day we pay tribute to those who are missing in action or have been taken prisoner of war and never returned home; and

Whereas, To date, a total of 83,467 Americans are listed as prisoners of war or missing in action since World War II. This includes 73,681 in World War II, 7,951 in the Korean War, 1,657 in Vietnam, 127 in the Cold War, and 6 in Desert Storm and Iraqi Freedom; and

Whereas, We as a nation can never collectively rest until we account for all those men and women who made the ultimate sacrifice to their country; and

Whereas, We express our deepest gratitude to these patriots in both words and actions, knowing they were fighting to protect our rights and freedoms; and

Whereas, Many American prisoners of war were subjected to brutal and inhumane treatment by their enemy captors in violation of international codes and customs for the treatment of prisoners of war, and many such prisoners of war died from such treatment; and

Whereas, Their work will not be complete, nor will our commitment be fulfilled, until they come home; and

Whereas, The stark POW/MIA flag will fly proudly near the U.S. and state of Michigan flags on September 20, serving as a commanding reminder that the duty of those who are missing in action or prisoners of war is finished, but ours continues as we seek to find, repatriate, and honor these courageous men and women; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 20, 2013 as POW/MIA Recognition Day in the state of Michigan.

The resolution was referred to the Committee on Military and Veterans Affairs.

Reps. Darany, Brown, Brunner, Crawford, Durhal, Geiss, Hovey-Wright, Howrylak, Irwin, LaVoy, O’Brien, Roberts, Segal and Slavens offered the following resolution:

House Resolution No. 126.

A resolution to declare May 18-25, 2013, as Michigan Week in the state of Michigan.

Whereas, Michigan achieved statehood on January 26, 1837, becoming the 26th state of the United States of America; and

Whereas, The majestic state of Michigan is adorned with the riches of unspoiled nature including: the world’s longest freshwater coastline, bountiful lakes, shimmering beaches, miles and miles of cherry orchards, glorious sunrises and sunsets, daytime skies of the deepest blue, and nighttime skies that are scattered with stars; and

Whereas, Home to more than 100 public beaches and lighthouses, some of the highest freshwater sand dunes in the world, stunning multi-colored sandstone cliffs, and numerous maritime museums, the state of Michigan offers plenty of engaging sights and activities for everyone; and

Whereas, Michigan has an abundance of cultural assets, from museums, historic sites, and art festivals to theaters and libraries that make our communities distinct, diverse, and appealing; and

Whereas, Michigan embraces the nation’s most skilled, innovated, and resilient residents who have earned this state a place of respect and distinction on both the national and global scale, making it the best place in the world to live, work, and raise a family; and

Whereas, Since 1954, Michigan Week has inspired citizens to reflect on, explore, and celebrate the history, resources, and opportunities that set our state apart and to focus on the time-honored traditions and shared heritage that connect and define Michiganians; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 18-25, 2013, as Michigan Week in the state of Michigan. We promote state pride among citizens and celebrate the rich heritage and unique features that make Michigan special. We encourage citizens and businesses from every community in our great state to support and celebrate all that Michigan has to offer and to keep the spirit of Michigan Week alive all year long.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Stamas, Brown, Brunner, Crawford, Darany, Durhal, Geiss, Hooker, Hovey-Wright, Irwin, Lauwers, LaVoy, O’Brien, Poleski, Rendon, Roberts, Segal, Slavens, and Somerville offered the following resolution:

House Resolution No. 127.

A resolution to declare July 30, 2013, as Henry Ford Day in the state of Michigan.

Whereas, Henry Ford was born in Wayne County, Michigan, on July 30, 1863, in an area that later became Dearborn. He demonstrated early in his life a propensity for mechanical aptitude by repairing people’s watches and learning to fix steam engines and run mill operations; and

Whereas, Henry Ford focused on further innovations related to the internal combustion engine, including developing his own vehicle, the Quadricycle, and founding the Detroit Automobile Company in 1899; and

Whereas, Then 39-year-old Henry Ford and 11 associates, armed with little cash, some tools, a few blueprints and unbounded optimism, launched the Ford Motor Company on June 16, 1903, in a small converted wagon factory on a spur of the Michigan Central Railroad in Detroit; and

Whereas, He led the development of the first commercial automobile in 1903. This was the original 8-horsepower, 2-cylinder Model A vehicle with a 2-speed transmission, 28-inch wheels with wooden spokes and 3-inch tires; and

Whereas, Henry Ford and his engineers developed numerous models named after the letters of the alphabet between 1903 and 1908, with some of the models being only experimental and not available to the public; and

Whereas, Henry Ford introduced the Model T (also known as the “Tin Lizzie”) on October 1, 1908, which could be reconfigured by buyers to move cattle, haul freight, herd horses, and even mow lawns. Ford produced 10,660 Model T vehicles its first model year, an industry record; and

Whereas, Henry Ford led the development of the first moving assembly line in 1913, beginning a new era of industrial progress and growth; and

Whereas, Henry Ford established a new standard in 1914 by setting Ford’s minimum wage at $5 for an 8-hour workday, which replaced the prior $2.34 wage for a 9-hour day and helped develop a middle-class workforce that could afford to buy the products they made; and

Whereas, Henry Ford saw his automobiles as a way toward opening the highways to all mankind by exporting vehicles and operating or selling them in more than 30 countries, including China, Brazil and much of Europe. He was an early proponent of using renewable materials such as soybeans in car parts and fostered employment policies that created opportunities for those with physical or mental challenges; and

Whereas, Henry Ford, with an eye to simplicity, efficiency, and affordability, ordered in 1914 that the Model T use black paint exclusively because it dried faster than other colors. This allowed cars to be built daily at a lower cost, as Ford said the vehicle will be offered in “any color so long as it is black”; and

Whereas, The Rouge manufacturing complex allowed for the complete production of vehicles from raw materials processing to final assembly and was an icon of the 20th century; and

Whereas, Henry Ford, in response to consumer demand for more power, pioneered the first Ford vehicle with a V-8 engine block cast in 1 piece on March 9, 1932, and

Whereas, While Ford offered only 2 automotive brands (Ford and Lincoln) through 1937, Ford introduced the first Mercury in 1938 due to increased competition. This car, with a distinctive streamlined body style, a V-8 engine with more horsepower than a Ford, and hydraulic brakes, filled the void between the low-priced Ford and the high-priced Lincoln; and

Whereas, All civilian auto production in the United States ceased on February 10, 1942, by government decree and with Ford’s full support. Ford, under the control of the War Production Board, produced an extensive array of tanks, B-24 aircraft, armored cars, amphibious craft, gliders and other materials for the World War II war effort; and

Whereas, Henry Ford passed away on April 7, 1947, and to this day his legacy of innovation continues to inspire commitment to a strong business, great products, and a better world; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare July 30, 2013, as Henry Ford Day in the state of Michigan. We recognize his pioneering and uniquely American spirit and innovation that put the world on wheels, and honor his contribution to significant social and economic progress in the United States and many other nations. His legacy includes the moving assembly line to create automobiles for the masses, doubling of wages for his workers which in turn helped create a middle class that continues to be the backbone of America today, and successfully implementing sustainable materials to build and power his vehicles.

The question being on the adoption of the resolution,

Rep. Stamas moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 127.

A resolution to declare July 30, 2013, as Henry Ford Day in the state of Michigan.

Whereas, Henry Ford was born in Wayne County, Michigan, on July 30, 1863, in an area that later became Dearborn. He demonstrated early in his life a propensity for mechanical aptitude by repairing people’s watches and learning to fix steam engines and run mill operations; and

Whereas, Henry Ford focused on further innovations related to the internal combustion engine, including developing his own vehicle, the Quadricycle, and founding the Detroit Automobile Company in 1899; and

Whereas, Then 39-year-old Henry Ford and 11 associates, armed with little cash, some tools, a few blueprints and unbounded optimism, launched the Ford Motor Company on June 16, 1903, in a small converted wagon factory on a spur of the Michigan Central Railroad in Detroit; and

Whereas, He led the development of the company’s first commercial automobile in 1903. This was the original 8-horsepower, 2-cylinder Model A vehicle with a 2-speed transmission, 28-inch wheels with wooden spokes and 3-inch tires; and

Whereas, Henry Ford and his engineers developed numerous models named after the letters of the alphabet between 1903 and 1908, with some of the models being only experimental and not available to the public; and

Whereas, Henry Ford introduced the Model T (also known as the “Tin Lizzie”) on October 1, 1908, which could be reconfigured by buyers to move cattle, haul freight, herd horses, and even mow lawns. Ford produced 10,660 Model T vehicles its first model year, an industry record; and

Whereas, Henry Ford led the development of the first moving assembly line in 1913, beginning a new era of industrial progress and growth; and

Whereas, Henry Ford established a new standard in 1914 by setting Ford’s minimum wage at $5 for an 8-hour workday, which replaced the prior $2.34 wage for a 9-hour day and helped develop a middle-class workforce that could afford to buy the products they made; and

Whereas, Henry Ford saw his automobiles as a way toward opening the highways to all mankind by exporting vehicles and operating or selling them in more than 30 countries, including China, Brazil and much of Europe. He was an early proponent of using renewable materials such as soybeans in car parts and fostered employment policies that created opportunities for those with physical or mental challenges; and

Whereas, Henry Ford, with an eye to simplicity, efficiency, and affordability, ordered in 1914 that the Model T use black paint exclusively because it dried faster than other colors. This allowed cars to be built daily at a lower cost, as Ford said the vehicle will be offered in “any color so long as it is black”; and

Whereas, The Rouge manufacturing complex allowed for the complete production of vehicles from raw materials processing to final assembly and was an icon of the 20th century; and

Whereas, Henry Ford, in response to consumer demand for more power, pioneered the first Ford vehicle with a V-8 engine block cast in 1 piece on March 9, 1932, and

Whereas, While Ford offered only 2 automotive brands (Ford and Lincoln) through 1937, Ford introduced the first Mercury in 1938 due to increased competition. This car, with a distinctive streamlined body style, a V-8 engine with more horsepower than a Ford, and hydraulic brakes, filled the void between the low-priced Ford and the high-priced Lincoln; and

Whereas, All civilian auto production in the United States ceased on February 10, 1942, by government decree and with Ford’s full support. Ford, under the control of the War Production Board, produced an extensive array of tanks, B-24 aircraft, armored cars, amphibious craft, gliders and other materials for the World War II war effort; and

Whereas, Henry Ford passed away on April 7, 1947, and to this day his legacy of innovation continues to inspire commitment to a strong business, great products, and a better world; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare July 30, 2013, as Henry Ford Day in the state of Michigan. We recognize his pioneering and uniquely American spirit and innovation that put the world on wheels, and honor his contribution to significant social and economic progress in the United States and many other nations. His legacy includes the moving assembly line to create automobiles for the masses, doubling of wages for his workers which in turn helped create a middle class that continues to be the backbone of America today, and successfully implementing sustainable materials to build and power his vehicles.

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

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

House Bill No. 4297, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 74101, 74116, and 78119 (MCL 324.74101, 324.74116, and 324.78119), sections 74101 and 74116 as amended by 2010 PA 33 and section 78119 as added by 2010 PA 34.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Foster moved to amend the bill as follows:

1. Amend page 3, line 21, after “VEHICLES” by striking out the balance of the line through “78119(4)(B)” on line 25 and inserting “DESCRIBED IN SECTIONS 74116(4)(C) AND 78119(4)(B) WERE NOT EXEMPT UNDER THOSE PROVISIONS”.

2. Amend page 3, line 27, after “VEHICLES” by striking out the balance of the subdivision and inserting “DESCRIBED IN SECTIONS 74116(4)(C) AND 78119(4)(B).”.

3. Amend page 4, line 7, after “VEHICLES” by striking out “WITH MULTIYEAR REGISTRATIONS” and inserting “DESCRIBED IN SECTIONS 74116(4)(C) AND 78119(4)(B)”.

4. Amend page 4, line 9, after “YEAR” by striking out the balance of the line through “OR” on line 10.

The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 121 Yeas—107

Abed Genetski LaVoy Robinson

Ananich Glardon Leonard Rogers

Banks Goike Lipton Rutledge

Barnett Graves Lori Santana

Bolger Greimel Lund Schmidt

Brinks Haines Lyons Schor

Brown Haugh MacGregor Segal

Brunner Heise MacMaster Shirkey

Callton Hobbs McBroom Singh

Cavanagh Hooker McCann Slavens

Clemente Hovey-Wright McCready Smiley

Cochran Howrylak McMillin Somerville

Cotter Irwin Muxlow Stallworth

Crawford Jacobsen Nathan 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 Kowall Poleski Walsh

Farrington Kurtz Potvin Yanez

Forlini LaFontaine Price Yonker

Foster Lamonte Pscholka Zemke

Franz Lane Rendon Zorn

Geiss Lauwers Roberts

Nays—2

Bumstead Haveman

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 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2045, 74116, 74117, 74120, 78105, and 78119 (MCL 324.2045, 324.74116, 324.74117, 324.74120, 324.78105, and 324.78119), section 2045 as added by 2010 PA 32, sections 74116, 74117, and 74120 as amended by 2010 PA 33, and section 78105 as amended and section 78119 as added by 2010 PA 34.

The motion prevailed.

The House agreed to the title as amended.

House Bill No. 4439, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 805 (MCL 257.805), as added by 2010 PA 35.

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

Roll Call No. 122 Yeas—107

Abed Genetski LaVoy Robinson

Ananich Glardon Leonard Rogers

Banks Goike Lipton Rutledge

Barnett Graves Lori Santana

Bolger Greimel Lund Schmidt

Brinks Haines Lyons Schor

Brown Haugh MacGregor Segal

Brunner Heise MacMaster Shirkey

Callton Hobbs McBroom Singh

Cavanagh Hooker McCann Slavens

Clemente Hovey-Wright McCready Smiley

Cochran Howrylak McMillin Somerville

Cotter Irwin Muxlow Stallworth

Crawford Jacobsen Nathan 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 Kowall Poleski Walsh

Farrington Kurtz Potvin Yanez

Forlini LaFontaine Price Yonker

Foster Lamonte Pscholka Zemke

Franz Lane Rendon Zorn

Geiss Lauwers Roberts

Nays—2

Bumstead Haveman

In The Chair: Walsh

The House agreed to the title of the bill.

______

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 Friday, May 3:

House Bill Nos. 4657 4658 4659 4660 4661 4662 4663 4664 4665 4666 4667 4668 4669 4670

4671 4672 4673 4674 4675 4676 4677 4678 4679 4680 4681 4682 4683 4684

4685 4686 4687 4688 4689 4690 4691 4692 4693

Senate Bill Nos. 348 349

The Clerk announced the enrollment printing and presentation to the Governor on Monday, May 6, for his approval of the following bills:

Enrolled House Bill No. 4037 at 10:58 a.m.

Enrolled House Bill No. 4054 at 11:00 a.m.

The Clerk announced that the following Senate bills had been received on Tuesday, May 7:

Senate Bill Nos. 27 79 279

The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, May 7:

Senate Bill Nos. 350 351 352 353

Reports of Standing Committees

The Committee on Financial Liability Reform, by Rep. Poleski, Chair, reported

House Bill No. 4013, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106 (MCL 400.106), as amended by 2006 PA 144, and by adding section 106b.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Poleski, Victory, Denby, McMillin, Schmidt, Shirkey, Callton, Cavanagh, Talabi, Irwin and Robinson

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Poleski, Chair, of the Committee on Financial Liability Reform, was received and read:

Meeting held on: Thursday, May 2, 2013

Present: Reps. Poleski, Victory, Denby, McMillin, Schmidt, Shirkey, Callton, Cavanagh, Talabi, Irwin and Robinson

The Committee on Insurance, by Rep. Lund, Chair, reported

House Bill No. 4612, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending the title and sections 102, 3101, 3104, 3107, 3114, 3135, 3148, 3157, 3163, 3172, 3301, 3330, 4501, and 6107 (MCL 500.102, 500.3101, 500.3104, 500.3107, 500.3114, 500.3135, 500.3148, 500.3157, 500.3163, 500.3172, 500.3301, 500.3330, 500.4501, and 500.6107), the title as amended by 2002 PA 304, section 102 as amended by 2000 PA 252, section 3101 as amended by 2008 PA 241, section 3104 as amended by 2002 PA 662, section 3107 as amended by 2012 PA 542, section 3114 as amended by 2002 PA 38, section 3135 as amended by 2012 PA 158, section 3163 as amended by 2002 PA 697, sections 3172 and 3330 as amended by 2012 PA 204, section 4501 as amended by 2012 PA 39, and section 6107 as added by 1992 PA 174, and by adding sections 3104a, 3107c, and 3181 and chapter 63.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lund, Leonard, Denby, Cotter, Glardon, Goike, LaFontaine, Lyons, Nesbitt and O’Brien

Nays: Reps. Segal, Lipton, Abed, Cochran and Hovey-Wright

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 2, 2013

Present: Reps. Lund, Leonard, Denby, Cotter, Glardon, Goike, LaFontaine, Lyons, Nesbitt, O’Brien, Segal, Lipton, Abed, Cochran and Hovey-Wright

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

House Bill No. 4242, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 45 (MCL 24.245), as amended by 2011 PA 242.

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

1. Amend page 7, following line 10, by inserting:

“Enacting section 1. This amendatory act takes effect on the expiration of 90 days after the date it is enacted into law.”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Crawford, McBroom, Denby, McMillin, LaFontaine, Rendon, Yonker, Kelly, Kesto, Haugh, Abed, Stanley and Dianda

Nays: None

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

House Bill No. 4574, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1806 (MCL 339.1806), as amended by 1988 PA 463.

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

1. Amend page 4, following line 22, by inserting:

“Enacting section 1. This amendatory act takes effect upon the expiration of 90 days after the date it is enacted into law.”.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Crawford, McBroom, Denby, LaFontaine, Rendon, Yonker, Kelly, Kesto, Haugh, Abed, Stanley, Dianda and Schor

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 7, 2013

Present: Reps. Crawford, McBroom, Denby, McMillin, LaFontaine, Rendon, Yonker, Kelly, Kesto, Haugh, Abed, Stanley, Dianda, Nathan and Schor

The Committee on Transportation and Infrastructure, by Rep. Schmidt, Chair, reported

House Bill No. 4571, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Schmidt, Glardon, Daley, Heise, Jacobsen, O’Brien, Pettalia, Lauwers and McCready

Nays: Reps. Lane, Dianda, Rutledge, Driskell, Cochran and Smiley

The Committee on Transportation and Infrastructure, by Rep. Schmidt, Chair, reported

House Bill No. 4572, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ee.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Schmidt, Glardon, Daley, Heise, Jacobsen, O’Brien, Pettalia, Lauwers and McCready

Nays: Reps. Lane, Dianda, Rutledge, Driskell, Cochran and Smiley

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 7, 2013

Present: Reps. Schmidt, Glardon, Daley, Heise, Jacobsen, O’Brien, Pettalia, Lauwers, McCready, Lane, Dianda, Rutledge, Driskell, Cochran and Smiley

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

House Bill No. 4465, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2009 PA 205.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lyons, Franz, Crawford, Daley, Lund, McMillin, Hooker, Jacobsen, Price, Yonker and Abed

Nays: Reps. Brinks and Stallworth

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

House Bill No. 4466, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278b (MCL 380.1278b), as amended by 2010 PA 80.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lyons, Franz, Crawford, Daley, Lund, McMillin, Hooker, Jacobsen, Price, Yonker, Lamonte and Abed

Nays: Rep. Stallworth

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 7, 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. Nesbitt, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Tuesday, May 7, 2013

Present: Reps. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Schmidt, Zorn, Graves, Lauwers, Stallworth, Hobbs, Nathan, LaVoy, Lane, Brunner, Yanez and Lamonte

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaFontaine, Chair, of the Committee on Natural Resources, was received and read:

Meeting held on: Tuesday, May 7, 2013

Present: Reps. LaFontaine, Rendon, Goike, Johnson, McBroom, Victory, Smiley, Dianda and Kivela

Messages from the Senate

House Bill No. 4264, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 174a (MCL 750.174a), as amended by 2012 PA 172.

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

The House agreed to the full title.

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

Senate Bill No. 27, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537 (MCL 436.1537), as amended by 2011 PA 298.

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. 79, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 415.

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. 279, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537 (MCL 436.1537), as amended by 2011 PA 298.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Cotter, Graves, Johnson, McCready, Heise, Haines, MacMaster, Walsh, Howrylak, O’Brien, Hovey-Wright and Leonard introduced

House Bill No. 4694, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding a chapter heading and sections 1090, 1091, 1092, and 1093.

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

Reps. Haines, Cotter, Graves, Johnson, McCready, Heise, MacMaster, Walsh, Howrylak, O’Brien and Leonard introduced

House Bill No. 4695, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 1097 and 1098.

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

Reps. Walsh, Cotter, Graves, Johnson, McCready, Heise, Haines, MacMaster, Howrylak, O’Brien, Hovey-Wright and Leonard introduced

House Bill No. 4696, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 1094, 1095, and 1096.

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

Reps. O’Brien, Cotter, Graves, Johnson, McCready, Heise, Haines, MacMaster, Walsh, Howrylak, Hovey-Wright and Leonard introduced

House Bill No. 4697, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 1099 and 1099a.

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

Reps. Dianda, Brown, Cochran, Knezek, Kivela, Driskell, Brinks, Dillon, Lamonte, Ananich, Stallworth, Yanez, Abed, Roberts, Zemke, Lauwers, Daley, Rendon and Haugh introduced

House Bill No. 4698, entitled

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

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

Reps. Kowall, Cavanagh and Tlaib introduced

House Bill No. 4699, entitled

A bill to amend 2008 PA 429, entitled “Nonferrous metal regulatory act,” by amending the title and sections 1, 3, 5, 7, 9, 11, 13, 15, and 17 (MCL 445.421, 445.423, 445.425, 445.427, 445.429, 445.431, 445.433, 445.435, and 445.437).

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

Reps. Cavanagh, Tlaib and Kowall introduced

House Bill No. 4700, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 40a (MCL 791.240a), as amended by 2006 PA 532.

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

Reps. Kowall, Cavanagh and Tlaib introduced

House Bill No. 4701, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter II and section 4a of chapter XI (MCL 762.12 and 771.4a), section 12 of chapter II as amended and section 4a of chapter XI as added by 1994 PA 286.

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

Reps. Franz, Kurtz, Kelly, Ananich, LaVoy, Brown, Zorn, Outman, Cotter, MacMaster, Price and Stallworth introduced

House Bill No. 4702, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending section 6g (MCL 460.6g), as added by 1980 PA 470.

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

Rep. Farrington introduced

House Bill No. 4703, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” (MCL 567.221 to 567.265) by adding section 31a.

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

Reps. Pettalia, Schmidt, Foster and Bumstead introduced

House Bill No. 4704, entitled

A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” by amending sections 16 and 18 (MCL 141.436 and 141.438), as amended by 2000 PA 493.

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

Rep. McBroom introduced

House Bill No. 4705, entitled

A bill to amend 1993 PA 331, entitled “State education tax act,” (MCL 211.901 to 211.906) by adding section 5c.

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

Announcements by the Clerk

May 3, 2013

Received from the Auditor General a copy of the following audit report and/or report summary:

Financial audit of the State of Michigan 401K Plan for the fiscal years ended September 30, 2012 and September 30, 2011.

Gary L. Randall

Clerk of the House

______

Rep. Genetski moved that the House adjourn.

The motion prevailed, the time being 3:00 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, May 8, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

626 JOURNAL OF THE HOUSE [May 7, 2013] [No. 42

No. 42] [May 7, 2013] JOURNAL OF THE HOUSE 627

628 JOURNAL OF THE HOUSE [May 7, 2013] [No. 42

No. 42] [May 7, 2013] JOURNAL OF THE HOUSE 629

630 JOURNAL OF THE HOUSE [May 7, 2013] [No. 42

No. 42] [May 7, 2013] JOURNAL OF THE HOUSE 631

632 JOURNAL OF THE HOUSE [May 7, 2013] [No. 42

No. 42] [May 7, 2013] JOURNAL OF THE HOUSE 633

634 JOURNAL OF THE HOUSE [May 7, 2013] [No. 42

No. 42] [May 7, 2013] JOURNAL OF THE HOUSE 635

636 JOURNAL OF THE HOUSE [May 7, 2013] [No. 42

No. 42] [May 7, 2013] JOURNAL OF THE HOUSE 637

638 JOURNAL OF THE HOUSE [May 7, 2013] [No. 42