No. 18

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Tuesday, February 26, 2013.

1:30 p.m.

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

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

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—excused Knezek—present Pettalia—present Victory—present

Faris—present Kosowski—present 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—excused Zorn—present

Geiss—present Lane—present

e/d/s = entered during session

Rep. Douglas A. Geiss, from the 12th District, offered the following invocation:

“Our Father, Who art in Heaven, hallowed be Thy name; Thy Kingdom come, Thy will be done on earth as it is in Heaven. Give us this day our daily bread; and forgive us our trespasses as we forgive those who trespass against us; and lead us not into temptation, but deliver us from evil. Amen.”

______

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

The motion prevailed.

Rep. Shirkey moved that Rep. Rendon be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Johnson, Darany, Denby, Geiss and Slavens offered the following resolution:

House Resolution No. 34.

A resolution to declare March 2013 as Red Cross Month in the state of Michigan.

Whereas, The Red Cross has over 700 chapters across the country that provide emergency assistance, disaster relief, and education to citizens in need; and

Whereas, The American Red Cross has evolved to be a charitable organization that is unmatched in terms of its volunteer support, its core membership, and its historic tradition as a force of goodwill and humanitarianism in the face of crisis; and

Whereas, More than one million Red Cross volunteers and 30,000 employees mobilize annually to provide relief to people affected by more than 67,000 disaster; and

Whereas, The American Red Cross supplies more than 40 percent of the blood supply in the United States; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2013 as Red Cross Month in the state of Michigan. We urge all citizens to observe this important occasion.

The question being on the adoption of the resolution,

Rep. Shirkey moved that consideration of the resolution be postponed for the day.

The motion prevailed.

Reps. Foster, Darany, Denby, Geiss, Howrylak and Slavens offered the following resolution:

House Resolution No. 35.

A resolution to declare March 2013 as Colorectal Cancer Awareness Month in the state of Michigan.

Whereas, Colorectal cancer is the second leading cause of cancer-related deaths in the United States; and

Whereas, It is estimated that as many as 60 percent of colorectal cancer deaths could be prevented if all men and women aged 50 years or older were screened routinely; and

Whereas, Screening tests can find colorectal cancer early when treatment works best; and

Whereas, Studies show that increased physical activity and maintaining a healthy weight may decrease the risk for colorectal cancer; and

Whereas, The U.S. Preventive Services Task Force (USPSTF) recommends screening for colorectal cancer for all people until they reach 75 years old and for some people when they are older than 75; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2013 as Colorectal Cancer Awareness Month in the state of Michigan. We urge all citizens to observe this important occasion.

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 4037, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2008 PA 36.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Military and Veterans Affairs,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 4287, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2011 PA 158.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4052, entitled

A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” by amending section 2 (MCL 492.102), as amended by 1995 PA 166.

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. Somerville moved to amend the bill as follows:

1. Amend page 4, line 13, after “OR” by inserting a comma and “SUBJECT TO SUBPARAGRAPH (iv),”.

2. Amend page 4, line 15, by striking out “A” and inserting “ANY OF THE FOLLOWING:

(i) A”.

3. Amend page 4, line 16, after “SHOVEL.” by striking out the balance of the line through “road” on line 17 and inserting:

“(ii) ROAD”.

4. Amend page 4, line 20, after “highway.” by striking out the balance of the line through “A” on line 21 and inserting:

“(iii) A”.

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

“(iv) A RECREATIONAL VEHICLE THAT DOES NOT HAVE ITS OWN MOTIVE POWER; IS SOLD BY A PERSON ENGAGED SOLELY IN THE BUSINESS OF SELLING, OFFERING FOR SALE, HIRING, OR LEASING RECREATIONAL VEHICLES THAT DO NOT HAVE THEIR OWN MOTIVE POWER; AND IS SOLD PURSUANT TO A RETAIL INSTALLMENT CONTRACT OR RETAIL CHARGE AGREEMENT THAT MEETS THE REQUIREMENTS OF THE RETAIL INSTALLMENT SALES ACT, 1966 PA 224, MCL 445.851 TO 445.873.”.

6. Amend page 5, line 17, after “EXCEPT” by striking out the balance of the subdivision and inserting “A PARK MODEL TRAILER AS DEFINED IN SECTION 38A OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.38A.”.

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

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

The motion prevailed.

House Bill No. 4053, entitled

A bill to amend 1966 PA 224, entitled “Retail installment sales act,” by amending section 2 (MCL 445.852), as amended by 1995 PA 167.

The bill was read a second time.

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

The motion prevailed.

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Rep. Shirkey 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, February 21:

Senate Bill Nos. 215 216

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, February 22:

House Bill Nos. 4298 4299 4300 4301 4302 4303 4304 4305 4306 4307 4308 4309

Reports of Standing Committees

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

House Bill No. 4051, entitled

A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending section 4a (MCL 445.574a), as amended by 2008 PA 384.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: Rep. Abed

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

House Bill No. 4092, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 19 of chapter XVII (MCL 777.19), as amended by 2000 PA 279.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: Rep. Abed

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

House Bill No. 4166, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

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

House Bill No. 4167, entitled

A bill to regulate amateur mixed martial arts; to create the mixed martial arts commission and establish its powers and duties; to provide certain powers and duties for certain state agencies and departments; to license and regulate promoters of amateur mixed martial arts contests and events; to assess certain fees and fines; to establish the amateur mixed martial arts fund and provide for the use of the money in the fund; to authorize the promulgation of rules; and to provide penalties and remedies.

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. Crawford, McBroom, Denby, McMillin, LaFontaine, 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, February 26, 2013

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

Absent: Rep. Rendon

Excused: Rep. Rendon

The Committee on Energy and Technology, by Rep. Nesbitt, Chair, reported

Senate Concurrent Resolution No. 5.

A concurrent resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.

(For text of concurrent resolution, see House Journal No. 16, p. 182.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Energy and Technology, by Rep. Nesbitt, Chair, reported

Senate Concurrent Resolution No. 6.

A concurrent resolution to memorialize the President and the Congress of the United States to support the continued and increased development and importation of oil derived from North American reserves and to urge the United States Secretary of State to approve the newly-routed Keystone XL pipeline application from TransCanada.

(For text of concurrent resolution, see House Journal No. 15, p. 170.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Schmidt, Zorn, Graves, Lauwers, Stallworth, LaVoy, Lane and Brunner

Nays: None

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, February 26, 2013

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

Absent: Rep. Hobbs

Excused: Rep. Hobbs

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: Thursday, February 21, 2013

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

Absent: Reps. Daley and Heise

Excused: Reps. Daley and Heise

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Haines, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Tuesday, February 26, 2013

Present: Reps. Haines, Callton, Crawford, Genetski, Shirkey, Foster, Hooker, Yonker, Zorn, Graves, Kesto, Darany, Knezek, Ananich, Segal, Stallworth and Brinks

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 26, 2013

Present: Reps. Lyons, Cotter, Heise, Callton, Outman, Yonker, Haugh, Lane and Schor

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, February 26, 2013

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

Absent: Rep. Rendon

Excused: Rep. Rendon

Introduction of Bills

Reps. Cotter, Walsh, Kelly and Kesto introduced

House Bill No. 4310, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 1204 and 1205 (MCL 339.1204 and 339.1205), section 1204 as amended by 2003 PA 57 and section 1205 as amended by 1997 PA 97.

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

Reps. Switalski, Robinson, Slavens, Talabi, Faris, Smiley, Brunner, Cochran, Stanley, Kandrevas, LaVoy, Clemente, Hovey-Wright, Irwin, Knezek, Roberts, Banks, Abed, Darany, Zemke, Nathan, Rutledge, Stallworth, Lamonte, Geiss, Kosowski, Singh, Kivela, Yanez, Dillon, Lipton, Tlaib, Lane, Townsend, Cavanagh, Durhal, Hobbs, Schor and Oakes introduced

House Bill No. 4311, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21525.

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

Reps. Oakes, Kelly, Ananich and Lane introduced

House Bill No. 4312, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 234a and 234b (MCL 750.234a and 750.234b), as amended by 2005 PA 303.

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

Reps. Oakes, Kelly, Ananich and Lane introduced

House Bill No. 4313, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2012 PA 124.

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

Reps. McMillin, MacMaster, Howrylak, Irwin, Robinson and Cavanagh introduced

House Bill No. 4314, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 10a.

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

Reps. McMillin, Lauwers, Kelly, Hooker, Heise, Somerville, MacMaster and Franz introduced

House Bill No. 4315, 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,” (MCL 460.1 to 460.11) by adding sections 10ff and 10gg.

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

Reps. Howrylak, Kelly, McMillin and Shirkey introduced

House Bill No. 4316, entitled

A bill to amend 1877 PA 164, entitled “An act to authorize cities, incorporated villages, and townships to establish and maintain, or contract for the use of, free public libraries and reading rooms; and to prescribe penalties and provide remedies,” by amending sections 10 and 10a (MCL 397.210 and 397.210a), as amended by 1994 PA 81.

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

Reps. Nathan, Tlaib, Stallworth, Talabi, Banks, Santana and Durhal introduced

House Bill No. 4317, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 471 (MCL 206.471), as amended by 2011 PA 38.

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

Rep. Johnson introduced

House Bill No. 4318, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 105 and 121 (MCL 389.105 and 389.121), as amended by 2012 PA 495.

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

Reps. Pscholka, MacMaster, MacGregor, Kandrevas, Jenkins, Lori, Rogers, Nesbitt, Bumstead, Ananich, Heise, Lyons and Potvin introduced

House Bill No. 4319, entitled

A bill to amend 1992 PA 234, entitled “The judges retirement act of 1992,” by amending the title and sections 105, 106, 111, 214, 214a, 217, 305, and 714 (MCL 38.2105, 38.2106, 38.2111, 38.2214, 38.2214a, 38.2217, 38.2305, and 38.2664), the title and sections 214, 217, 305, and 714 as amended by 2002 PA 95, section 105 as amended by 2008 PA 514, section 106 as amended by 1995 PA 193, and section 214a as added by 1999 PA 215, and by adding sections 214b, 309, and 310.

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

Reps. LaFontaine, Victory, McBroom, Goike, Foster, Pettalia, Rendon and Potvin introduced

House Bill No. 4320, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as added by 2006 PA 378.