No. 69

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Tuesday, September 3, 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 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—present

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

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

Brunner—present Haveman—present 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—excused

Daley—present Jenkins—present Nathan—present 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—excused

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

Genetski—present

e/d/s = entered during session

Rep. Dave Pagel, from the 78th District, offered the following invocation:

“This is the day the Lord has made; let us rejoice and be glad in it! Lord God, we are grateful for the awesome responsibility of providing leadership for the people of Michigan, and we ask Your guidance over our thoughts, our attitudes, and our actions. May You be glorified, may Michigan prosper, and may Michigan continue to be a great home for our families, our schools, our businesses and farms, and for visitors from all over the world. We ask Your blessings on our efforts and give You praise. Amen.”

______

The Speaker assumed the Chair.

______

Rep. Rutledge moved that Reps. Stallworth and Zemke be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Cavanagh, Santana, Callton, Yonker, MacMaster, Slavens, Hovey-Wright, Segal, Kandrevas, McCann, Lipton, Darany, Smiley, Brown, Brunner, Rutledge, Switalski, Kosowski, Barnett, Zemke, Durhal, Banks, McBroom and Roberts offered the following resolution:

House Resolution No. 196.

A resolution to implore the Michigan Department of Treasury to conduct a financial review of the Michigan Catastrophic Claims Association (MCCA) to consider the appointment of an emergency financial manager.

Whereas, The Michigan Catastrophic Claims Association (MCCA) is an insurance fund that provides for the care of Michigan drivers who are catastrophically injured in an auto accident. The MCCA reimburses no-fault auto insurers for all benefits that exceed $530,000, spreading costs among all motorists, since every Michigan driver is required by law to carry valid insurance. The MCCA has raised its annual rates from $5.60 to $175.00 per insured vehicle since 2000 – an increase of over 2,489 percent; and

Whereas, The MCCA just mandated a 6% increase beginning July 1, 2013 that forces every driver to pay $186.00 per vehicle, the highest amount ever levied. MCCA is a creature of statute, framed and granted authority by the legislature of the State of Michigan. The MCCA is responsible for charging only what is necessary and “sufficient to cover the expected losses and expenses of the association that the association will likely incur during the period for which the premium is applicable”, MCL 500.3104(7)(d); and

Whereas, The total number of accidents and the severity of injuries in these accidents has been declining every year. There is currently over $14 billion in the MCCA reserves and this fund grows every year. Michigan drivers pay these fee increases without knowing if they are truly justifiable. The MCCA Board is not required to make their finances open to the public for accountability and scrutiny. MCCA decisions are made outside of the Open Meetings Act and the Freedom of Information Act even though these decisions effect every driver in the State of Michigan; and

Whereas, The proponents of changing our auto-no fault law consistently make the claim that the current law is “broken” and “unsustainable” and that insurance companies cannot maintain the level of benefits for drivers and those suffering long-term catastrophic injuries in auto accidents; and

Whereas, On October 11, 2011 the Michigan Association of Insurance Agents (MAIA) testified before the House Insurance Committee on the financial stability of the MCCA and that the MAIA “believes there is significant concern for the financial integrity of the MCCA”. On July 1, 2012, when the MCCA instituted its largest increase in history of 20% (the CPI over the same period was .05%) the fund balance was over $13 billion.

Whereas, On March 21, 2013, the Director of the Department of Insurance and Financial Services (DIFS), Kevin Clinton, testified before the House Insurance Committee and there is a projected deficit of $2 billion related to existing claims. He also testified that in 30 years the fund’s investments have grown commensurate with the rate of the Standard and Poor’s index. The Standard and Poor’s index is up 17.27% year to date. The MCCA fund should have grown at least $2,400,000,000 based on the growth in the Standard and Poor’s gains, thereby eliminating the 30 year projected “unfunded liability” in nine months; but the MCCA, in spite of growth in the market, without reasoning, analysis, supportive data, or figures ignores the over funding, as they still raised assessments on consumers by 11% to manufacture a crisis for political purposes; and

Whereas, On Thursday, April 25, 2013, the Director of DIFS, Kevin Clinton, testified before the House Insurance Committee that Michigan’s Auto No-Fault System is unsustainable because the MCCA is unsustainable and that deficiencies within the MCCA hurt insurance company ratings. He also testified on Thursday, April 25, 2013 that based on current investment return of 7.6% at present value the deficit is $2 billion, but that if you didn’t reduce to the present value that the deficit would be $56 billion; which is more than the cumulative deficits of all municipalities and school districts in Michigan combined. When an Emergency Financial Manager was ordered by the governor Flint had a $7 million deficit with long term unfunded liabilities of $115 million, Ecorse had a $9 million deficit, Allen Park had a deficit of $6.8 million, Benton Harbor had a deficit of $10 million and Detroit’s deficit was $300 million with unfunded liabilities of $14 billion; and

Whereas, These arguments for change are based on the belief that a financial emergency exists in the auto insurance industry and the MCCA. Financial information regarding the MCCA is not public and these claims are impossible to verify. Michigan’s Emergency Financial Manager law exists theoretically to assist institutions created by state statute suffering from a financial emergency and to help them get their finances in order; now, therefore, be it

Resolved by the House of Representatives, That we implore the Michigan Department of Treasury to conduct a financial review of the Michigan Catastrophic Claims Association (MCCA) to consider the appointment of an emergency financial manager; and be it further

Resolved that a copy of this resolution be transmitted to the State Treasurer.

The resolution was referred to the Committee on Insurance.

Reps. Hobbs, Zemke, Singh, Irwin, Dillon, Tlaib, Faris, Townsend, Schor, Segal, McCann, Lipton, Hovey-Wright, Slavens, Switalski, Robinson, Barnett, Roberts, Knezek, Cavanagh, Geiss, Greimel and Durhal offered the following resolution:

House Resolution No. 197.

A resolution to urge the Congress of the United States to support marriage equality and repeal the Defense of Marriage Act.

Whereas, The Defense of Marriage Act (DOMA) forbids the federal government from recognizing same-sex marriages. The act specifically defines marriage as “a legal union between one man and one woman as husband and wife.” All federal departments must adhere to this definition; and

Whereas, The Defense of Marriage Act is an unprecedented encroachment on state authority. Throughout our country’s history, the right to marry has been an aspect of family and marital law within the control of the states. Twelve states and the District of Columbia have legalized same-sex marriages. In addition, some Native American tribes also permit or recognize such marriages. The deference traditionally accorded to state determinations of marital status should be reinstated, and state laws respected, as required by the principles of federalism enshrined in the U.S. Constitution; and

Whereas, It is unfair and unconstitutional to deny certain married couples the rights, privileges, and benefits afforded other married couples. The Fourteenth Amendment of the U.S. Constitution guarantees every American equal protection under the law. Yet, the Defense of Marriage Act withholds more than 1,000 rights and protections from same-sex married couples, such as parenting rights, medical decision-making power, protections for bi-national couples, social security benefits, and tax exemptions upon the death of a spouse; and

Whereas, The majority of Americans favor the recognition of same-sex marriages. A recent Gallup poll indicated that 53 percent of Americans now support same-sex married couples having the same rights as other married couples. In Michigan, recent polling indicates that same-sex marriage is now supported by 57 percent of voters, cutting across party lines. Support nationally and in Michigan has doubled over a little more than a decade and is projected to grow even more; and

Whereas, The time has come to recognize marriage equality for all Americans. Married couples, whether of the same sex or opposite sex, share the same love and commitment to each other. They have the same needs for the legal rights and protections provided under federal law. In a country built on the pillars of liberty and justice for all, it is intolerable that our federal government continues to discriminate against one class of married couples; now, therefore, be it

Resolved by the House of Representatives, That we urge the Congress of the United States to support marriage equality and repeal the Defense of Marriage Act; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, 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 Judiciary.

Reps. Roberts, Brown, Durhal, Heise and Slavens offered the following resolution:

House Resolution No. 198.

A resolution to memorialize the United States Congress to oppose the construction of an underground nuclear waste repository in Ontario, Canada and to urge Canadian officials to find alternatives to Ontario Power Generation’s proposal to bury nuclear waste in the Great Lakes Basin.

Whereas, Ontario Power Generation is proposing to construct an underground, long-term burial facility for all of Ontario’s low- and intermediate-level radioactive waste, some of which is highly radioactive and much of which will remain toxic for over 100,000 years, at the Bruce Nuclear Generating Station. This site, less than a mile inland from the shore of Lake Huron and about 440 yards below the lake level, is approximately 120 miles upstream from the main drinking water intakes for Southeast Michigan; and

Whereas, Lake Huron and the other Great Lakes are critically important resources to both the United States and Canada. The Great Lakes contain 95 percent of North America’s surface fresh water and provide drinking water to tens of millions of people. Pristine water is important not only for public health but also for fishing, boating, recreation, tourism, and agriculture in Michigan and throughout the region. Agriculture, commercial and sport fisheries, shipping, recreation, and tourism are important components of the Great Lakes economy; and

Whereas, The threat of radioactive water could be devastating to Michigan’s tourism and agriculture industries. With roughly 96 million travelers coming to Michigan each year, many potential tourists may be discouraged from a trip to the Great Lakes, creating severe economic hardships for the state’s vast tourist destinations. Michigan’s agriculture industry, which adds more than $91.4 billion to the state economy annually, is dependent on Great Lakes water for irrigation. Polluted water used for irrigation could contaminate agricultural crops and livestock in the state and cause serious harm to the well-being of the general public; and

Whereas, Placing a permanent nuclear waste burial facility so close to the Great Lakes is ill-advised. The potential damage to the Great Lakes from any leak or breach of radioactivity far outweighs any benefits that could be derived from burying radioactive waste at this site. The ecology of the Lakes, which is valuable beyond measure to the health and economic well-being of this entire region, should not be placed at risk by storing radioactive waste so close to the shoreline; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Congress to oppose the construction of an underground nuclear waste repository in Ontario, Canada, and we urge Canadian officials to find alternatives to Ontario Power Generation’s proposal to bury nuclear waste in the Great Lakes basin; and be it further

Resolved, That copies of this resolution be transmitted to the Prime Minister of Canada, the Premier of Ontario, the President of the Canadian Nuclear Safety Commission, the Chairman of the United States Nuclear Regulatory Commission, 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 Energy and Technology.

Rep. Shirkey offered the following resolution:

House Resolution No. 199.

A resolution to urge the state of Illinois to recognize Michigan concealed pistol license holders as being automatically legal to carry concealed handguns in the state of Illinois.

Whereas, The Illinois Legislature recently enacted House Bill 183, the Firearm Concealed Carry Act, authorizing appropriately licensed Illinois residents to carry concealed handguns. Illinois has now joined with 49 states that issue concealed carry licenses to qualified residents, creating an opportunity for citizens throughout the country to preserve their right to self-defense regardless of the state in which they travel; and

Whereas, Illinois’ new law provides for a non-resident Illinois concealed carry license if the non-resident’s home state’s concealed carry license laws are “substantially similar” to Illinois’ law, but many have interpreted the language to read that all out-of-state residents would still have to apply for a separate non-resident license. The Illinois State Police will have to review Michigan’s Concealed Pistol License (CPL) law to determine if it is substantially similar. However, Illinois is in a position to automatically recognize the existing CPL licenses of Michigan residents in order to enhance safety and eliminate burdensome and unnecessary over-regulation; and

Whereas, Michigan’s CPL law provides appropriate safety measures to ensure those not qualified to carry concealed pistols do not receive a license. Michigan law requires an applicant to be lawfully able to possess, sell, or purchase a firearm and reflects, via a thorough background check, whether the applicant has or has not been convicted of felonies or other serious crimes; and

Whereas, Despite many aspects of Michigan’s CPL law being substantially similar to Illinois law, Michigan license holders would still likely need to apply for a separate Illinois non-resident license and pay a substantial fee. As is the case in most reciprocity agreements throughout the nation, Illinois could allow Michigan CPL holders to carry legally in the state of Illinois without obtaining an additional non-resident license, as Michigan allows Illinois license holders to carry in Michigan; now, therefore, be it

Resolved by the House of Representatives, That in the spirit of cooperation and reciprocity, we respectfully urge the state of Illinois to recognize lawful Michigan concealed pistol license holders as being automatically legal to carry concealed handguns in their state; and be it further

Resolved, That copies of this resolution be transmitted to the President of the Illinois Senate, the Speaker of the Illinois House of Representatives, the Illinois Attorney General and the director of the Illinois State Police.

The resolution was referred to the Committee on Judiciary.

Reps. Abed, Cochran, Brown, Hovey-Wright, Roberts, Brinks, Denby, Durhal, Glardon, Kowall, Schor, Segal, Slavens and Stanley offered the following resolution:

House Resolution No. 200.

A resolution to declare July 22-28, 2013, as Farmers Market Week in the state of Michigan.

Whereas, Farmers markets are essential to the vitality of Michigan farms and are part of the cultural tradition of our state; and

Whereas, Farmers markets provide Michigan communities with an open space to gather, lifting community morale and enhancing civic pride; and

Whereas, Our state is home to more than 300 farmers markets and growing; and

Whereas, In Michigan, over 112 farmers’ markets now participate in the Supplemental Nutrition Assistance Program, thereby increasing access to fresh, healthy foods to all citizens of the state; and

Whereas, In Michigan, over 94 farmers markets participate in the Double Up Food Bucks program, further increasing and advocating for healthy foods for all Michiganders; and

Whereas, Farmers markets help increase public awareness of the unique agricultural diversity of Michigan and the benefits of buying local and preserving state traditions; and

Whereas, It is befitting for the citizens of Michigan to recognize the continued contribution of farmers markets to local consumers, as well as their positive impact on the economy of the state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare July 22-28, 2013, as Farmers Market Week in the state of Michigan. We urge all the citizens to recognize this event and participate fittingly in its observance.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Darany, Durhal, Roberts and Slavens offered the following resolution:

House Resolution No. 201.

A resolution to urge the Food and Drug Administration to adopt final regulations pertaining to mobile medical applications.

Whereas, Mobile health-related applications offer many benefits to American health consumers. These mobile medical applications can enhance communication between patients and their doctors; help patients understand the impact of diet, exercise and medication compliance on their health; save money by reducing periods of illness; and facilitate proactive data collection; and

Whereas, The manufacturers, distributers, and developers of mobile medical applications need regulatory certainty in order to develop safe and effective mobile applications. The Food and Drug Administration (FDA) has signaled that mobile medical applications will fall under the agency’s authority to regulate medical devices. On July 21, 2011, the FDA issued draft guidelines on how the administration intends to apply its regulatory authority; and

Whereas, Two years later, in 2013, the FDA has yet to promulgate final regulations. Thus, application developers are unable to create mobile medical applications with confidence. They could be subject to indeterminate regulations at any given time, which may retroactively affect an application that has already been developed and distributed; and

Whereas, Due to the rapid growth and potential of the mobile medical application market, it is necessary that the FDA issue its final guidance as soon as possible to ensure public safety and continued development of this market. A final set of guidelines will provide certainty to all mobile medical application developers, help bring these applications to market, and allow American health consumers to access the many benefits of these applications; now, therefore, be it

Resolved by the House of Representatives, That we urge the Food and Drug Administration to adopt final regulations pertaining to mobile medical applications; and be it further

Resolved, That copies of this resolution be transmitted to the Commissioner of the Food and Drug Administration, 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 Health Policy.

Reps. Nesbitt, Brown, Cotter, Denby, Durhal, Kowall, O’Brien, Price, Roberts, Segal and Slavens offered the following resolution:

House Resolution No. 202.

A resolution to declare August 2013 as Spinal Muscular Atrophy Awareness Month in the state of Michigan.

Whereas, Spinal muscular atrophy (SMA) kills more children than any other genetic disease; and

Whereas, SMA causes degeneration in voluntary muscle movement for those impacted by the disease, eventually impacting their ability to walk, sit, crawl, stand, breathe, eat, and even swallow; and

Whereas, One in every 40 people, or nearly 10 million Americans, unknowingly carries the gene responsible for SMA. Few have any known family history; and

Whereas, SMA is a pan-ethnic disease that does not discriminate based on race, ethnicity, or gender; and

Whereas, SMA does not impact the mind. Children with SMA are bright, sensitive, and playful in spite of their failing bodies; and

Whereas, Most children impacted by SMA succumb to the disease before their second birthday; and

Whereas, There is currently no treatment and no cure for SMA, but the National Institutes of Health selected SMA as the disease closest to treatment of more than 600 neurological disorders; and

Whereas The nation’s leading researchers signed a statement stressing that, with adequate resources, a viable treatment or cure is attainable in as little as five years; and

Whereas, SMA research is considered a “model” approach, with the potential of benefiting millions of people impacted by other diseases, including ALS/Lou Gehrig’s disease, Alzheimer’s, Parkinson’s, Duchenne muscular dystrophy, Fragile X, and Tay Sachs, among others; and

Whereas, Increased awareness of SMA will lead to increased knowledge and increased support for both disease research and families affected by the disease, hopefully leading to a cure; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare August 2013 as Spinal Muscular Atrophy Awareness Month in the state of Michigan. We encourage greater awareness and research for this devastating disease.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Zemke, Driskell, Singh, Schor, Irwin, Knezek, Hovey-Wright, Kivela, Banks, Geiss, LaVoy, Stanley, Segal, Brown, Dillon, Rutledge, Faris, Townsend, Switalski, Brinks, Kosowski, Barnett, Greimel, Tlaib, Cavanagh, Abed, Robinson, Olumba, Roberts, Callton, Denby, Rogers, McBroom, LaFontaine, Foster, Zorn, Heise, Hooker, Howrylak, McCready, Crawford, VerHeulen, Outman, Lipton, Forlini, Muxlow, Haveman, Lamonte, Lane, Brunner, Smiley, Stallworth, Durhal, Nathan, Pagel, Kesto, Jacobsen, Haugh and Slavens offered the following resolution:

House Resolution No. 203.

A resolution to urge the United States Congress to adopt legislation to change the manner in which sexual assaults are reported within the military.

Whereas, The United States is facing an epidemic of rape and sexual assault in the military. The U.S. Department of Defense estimates that there were 26,000 incidences of sexual assault in 2012; and

Whereas, These incidences are often unreported, with fewer than 15 percent of military sexual assaults communicated to proper authorities. As a result, sexual assaults have a profound impact on individual morale and unit cohesion; and

Whereas, Every sexual assault in the military must be reported to the victim’s immediate supervisor, who then reports the assault up the chain of command. Because assailants may be of higher rank than their victims, many victims are forced to report their rapes to the rapist. The victims can never remain truly anonymous because of the current manner in which assaults are reported and handled. Therefore, anyone who reports an assault is open to revenge, threats, and punishment; and

Whereas, The Sexual Assault Training Oversight and Prevention (STOP) Act (H.R. 1593) would take the reporting, oversight, investigation, and victim care out of the hands of the normal chain of command and place jurisdiction in the hands of an autonomous oversight and response office. This office would be comprised of civilian and military experts; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States Congress to adopt legislation to change the manner in which sexual assaults are reported within the military; and be it further

Resolved, That copies of this resolution be transmitted to 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 Military and Veterans Affairs.

Reps. Brown, Durhal, Glardon, Kowall, Price, Roberts and Slavens offered the following resolution:

House Resolution No. 204.

A resolution to urge the Congress of the United States to maintain funding levels for the Great Lakes Restoration Initiative.

Whereas, The Great Lakes are one of the most important water systems in the world and the economic backbone for an entire region. These inland seas hold nearly 20 percent of the world’s and 90 percent of the United States’ surface freshwater. They supply drinking water to more than 30 million people in two countries: eight states and two Canadian provinces. They support billion dollar boating, fishing, and tourism industries that all rely on clean water and healthy habitats; and

Whereas, For the last four years, the federal government has invested through the Great Lakes Restoration Initiative (GLRI) more than $1.3 billion to revitalize the Great Lakes. This funding has supported long overdue efforts to clean up toxic “hot spots,” reduce polluted runoff, restore wetlands and other habitats, and combat invasive species. While a significant investment, it represents only a small portion of the estimated $26 billion needed to restore and protect the Great Lakes; and

Whereas, The Great Lakes Restoration Initiative is not only an investment in the future ecological health of the Great Lakes, but also an investment in the economic health of the region. It has been estimated that the full $26 billion investment in the Great Lakes would generate $50 billion in long-term economic benefits and $30 to $50 billion in short-term economic activity in the region; and

Whereas, Despite the needs and economic benefits, Congress has proposed to slash by up to 80 percent the funding for the Great Lakes Restoration Initiative. This short-sighted reduction would stymie ongoing efforts to improve the health of the Great Lakes and to promote economic growth and development. The Michigan House of Representatives stands united with the Great Lakes Legislative Caucus, a bipartisan group of state legislators from the eight Great Lakes states, in opposing these cuts; now, therefore, be it

Resolved by the House of Representatives, That we urge the Congress of the United States to maintain funding levels for the Great Lakes Restoration Initiative; and be it further

The resolution was referred to the Committee on Natural Resources.

Rep. McMillin offered the following resolution:

House Resolution No. 205.

A resolution to urge the Congress of the United States and the U.S. Attorney General to prosecute Director of National Intelligence James Clapper for lying to Congress about the National Security Agency’s collection of data on U.S. citizens.

Whereas, On March 12, Director of National Intelligence James Clapper lied to Congress while under oath. In response to a direct question from the Senate Intelligence Committee about whether the National Security Agency (NSA) collected “any type of data at all on millions or hundreds of millions of Americans,” Director Clapper responded, “no,” or at least “not wittingly.” Since then, security leaks have revealed that the NSA gathers information on phone calls made by roughly 150 million U.S. citizens; and

Whereas, Our nation was founded and has thrived by maintaining a system of checks and balances that help prevent abuses of power and retain public confidence in our government. The ability of Congress to oversee the executive branch’s implementation of our nation’s laws is one of the fundamental checks in our democratic system; and

Whereas, Effective congressional and public oversight cannot occur if the information presented to Congress cannot be trusted. This trust is particularly important in the realm of national security where Congress, by necessity, must accept many things simply based on the word of our intelligence officials. Lying under oath should not be tolerated and allowed to go unpunished; now, therefore, be it

Resolved by the House of Representatives, That we urge the Congress of the United States and the U.S. Attorney General to prosecute Director of National Intelligence James Clapper for lying to Congress about the National Security Agency’s collection of data on U.S. citizens; and be it further

Resolved, That copies of this resolution be transmitted to the Attorney General of the United States, 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 Criminal Justice.

Reps. Kelly, Brown, Denby, Durhal, Glardon, Goike, Heise, Kowall, MacGregor and O’Brien offered the following resolution:

House Resolution No. 206.

A resolution to declare September 11-17, 2013, as Patriot Week in the state of Michigan.

Whereas, We recognize that understanding American history and America’s first principles are indispensable to the survival of our republic as a free people. In great reverence to the victims of the attacks on September 11, 2001, we acknowledge that American citizens must take time to honor the first principles, founders, documents, and symbols of their history; and

Whereas, The events that led to the signing of The Constitution of the United States of America by the delegates of the Constitutional Convention on September 17, 1787, have significance for every American. This historical occasion is honored in public schools across the nation on September 17 of each year as Constitution Day; and

Whereas, Revolution, the rule of law, social compact, equality, unalienable rights, and limited government are the first principles upon which America was founded and flourishes; and

Whereas, Exceptional, visionary, and indispensable Americans such as Thomas Paine, Patrick Henry, John Adams, John Marshall, George Washington, Abraham Lincoln, Frederick Douglass, Martin Luther King, Jr., Cesar Chavez, Elizabeth Cady Stanton, Susan B. Anthony, Thomas Jefferson, and James Madison founded and advanced the United States; and

Whereas, The Declaration of Independence, the Constitution and the congressional resolution forwarding the Constitution to the states, Marbury v Madison, Seneca Falls Declaration of Sentiments and Resolutions, the Gettysburg Address, the Emancipation Proclamation, Brown v Board of Education, the Civil Rights Act of 1964, and the “I Have A Dream” speech are key documents that embody America’s first principles and have advanced American liberty; and

Whereas, The Bennington Flag, the original Betsy Ross American flag, the current American Flag, the Suffragist Flag, the Fort Sumter Flag, the Gadsden Flag, and the flag of the state of Michigan are fundamental physical symbols of American history and freedom that should be studied and remembered by each American citizen; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 11-17, 2012, as Patriot Week in the state of Michigan. We recognize that each generation needs to renew the spirit of America based on America’s first principles, historical figures, founding documents, and symbols of America. The citizens, schools and other educational institutions, government agencies, municipalities, and nonprofit, religious, labor, community, and business organizations are urged to recognize and participate in Patriot Week by honoring and celebrating so that all may offer the reverence that is due to our free republic.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Santana, Brown, Durhal, Heise, Price, Roberts and Slavens offered the following resolution:

House Resolution No. 207.

A resolution to commemorate the 312th anniversary of the founding of the city of Detroit.

Whereas, The city of Detroit was founded in 1701 by Antoine de La Mothe Cadillac as Fort Ponchartrain as a French settlement on the Detroit River; and

Whereas, Detroit is the largest city in Michigan, home to more than 700,000 people, and the seat of Wayne County. It was also the capital of Michigan from 1805 to 1847; and

Whereas, Detroit has a long and storied history, from its part in the fur trade to the birth of the auto industry. It has been called the “Paris of the Midwest” for its rich architecture and the “Arsenal of Democracy” for its instrumental efforts during World War II; and

Whereas, Detroit has suffered through hardships, but remains a vibrant city. It has beloved sports teams, cultural institutions, and a growing business sector. Detroiters, along with the city itself, are known for their resilience, as encapsulated in the city’s motto, speramus meliora, resurget cineribus, meaning “we hope for better things, it will rise from the ashes”; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 312th anniversary of the founding of the city of Detroit.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Lyons, Brown, Cotter, Denby, Durhal, Goike, Heise, Hooker, Kowall, MacGregor, O’Brien, Price, Slavens, Stanley and Yonker offered the following resolution:

House Resolution No. 208.

A resolution to commemorate the life of President Gerald R. Ford and the indelible contributions he made to Michigan and to the United States of America.

Whereas, All American Presidents affect the history of the United States, but President Gerald Rudolph Ford leaves a legacy of leadership and service that will endure for years to come; and

Whereas, Gerald R. Ford is the only person from the state of Michigan to have served as President of the United States; and

Whereas, Gerald R. Ford graduated from the University of Michigan with academic and athletic excellence; and

Whereas, Gerald R. Ford attended Yale University Law School and graduated in the top 25 percent of his class while also working as a football coach; and

Whereas, Gerald R. Ford joined the United States Navy Reserves in 1942 and served valiantly on the U.S.S. Monterey in the Philippines during World War II; and

Whereas, The U.S.S. Monterey earned 10 battle stars, awarded for participation in battle while Gerald R. Ford served on the ship; and

Whereas, Gerald R. Ford was released to inactive duty in 1946 with the rank of Lieutenant Commander; and

Whereas, Gerald R. Ford was elected to the House of Representatives in 1948, where he served with distinction and integrity for 25 years; and

Whereas, Gerald R. Ford’s contributions to the foreign operations and defense subcommittees of the Committee on Appropriations earned him a reputation as a ‘congressman’s congressman’; and

Whereas, President Lyndon Johnson appointed Gerald R. Ford to the Warren Commission in 1963 to investigate the assassination of President John F. Kennedy; and

Whereas, Gerald R. Ford served as minority leader of the House of Representatives from 1965 to 1973; and

Whereas, Gerald R. Ford served as the 38th President of the United States from August 1974 to January 1977, taking office at a dark hour in the history of the United States and returning the faith of the people of the United States in the Presidency through his wisdom, courage, and integrity; and

Whereas, The Presidency of Gerald R. Ford is remembered for restoring trust and openness to the Presidency; and

Whereas, Speaker of the U.S. House of Representatives Thomas P. “Tip” O’Neill concluded: “God has been good to America, especially during difficult times. At the time of the Civil War, he gave us Abraham Lincoln. And at the time of Watergate, he gave us Gerald Ford—the right man at the right time who was able to put our nation back together again.”; and

Whereas, President Gerald R. Ford followed a steady, sensible course to cope with the nation’s economic problems and during his Administration halted double-digit inflation and lowered unemployment; and

Whereas, President Gerald R. Ford worked to solidify President Nixon’s accomplishments in China, brought representatives of Israel and Egypt to the conference table, and provided developmental assistance to poor countries; and

Whereas, Under Gerald R. Ford’s leadership in 1975, the United States signed the Final Act of the Conference on Security and Cooperation in Europe, commonly known as the ‘Helsinki Agreement’, which ratified post-World War II European borders and supported human rights; and

Whereas, Also under Gerald R. Ford’s leadership in 1975, the Operation Babylift evacuated children from South Vietnam to the United States and other countries at the end of the Vietnam War; and

Whereas, Gerald R. Ford, together with his beloved wife, Betty Ford, was awarded the Congressional Gold Medal in 1999 in recognition of dedicated public service and outstanding humanitarian contributions to the people of the United States; and

Whereas, Gerald R. Ford received the Medal of Freedom in 1999, the nation’s highest civilian award, for his role in guiding the nation through the turbulent times of Watergate, the resignation of President Nixon, and the end of the Vietnam War, and for restoring integrity and public trust to the Presidency; and

Whereas, After leaving the Presidency, Gerald R. Ford was an international ambassador of American goodwill, a noted scholar and lecturer, and a strong supporter of the Gerald R. Ford School of Public Policy at the University of Michigan, which was named for the former President in 1999; and

Whereas, President Gerald R. Ford died on December 26, 2006, leaving Americans for generations to come with a legacy of unparalleled honesty, integrity, and dedication of purpose; and

Whereas, The aircraft carrier CVN-78 has been named the USS Gerald R. Ford in fitting tribute to President Ford’s extraordinary service to the Navy and to America; and

Whereas, In further tribute to his extraordinary service to America, a statue of President Ford was presented by the state of Michigan to the National Statuary Hall Collection and now stands in the Rotunda of the U.S. Capitol; and

Whereas, President Gerald R. Ford would have been 100 years old on July 14, 2013; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the life of President Gerald R. Ford and the indelible contributions he made to Michigan and to the United States of America.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Haveman, Lyons, Tlaib, VerHeulen, Bolger, Brinks, Victory, Price, Yonker and Muxlow offered the following resolution:

House Resolution No. 209.

A resolution to memorialize the Kingdom of the Netherlands to strongly reconsider the proposed closing of the Dutch Consulate General Office in Chicago and to retain a strong diplomatic presence in the Midwest region of the United States for generations to come.

Whereas, For over 400 years, the Kingdom of the Netherlands and the United States have had a strong diplomatic, cultural, and economic relationship. This relationship helped to establish the Dutch Consulate General Office in Chicago which provides a wide array of consular services to a fourteen-state region, including Michigan; and

Whereas, In June 2013, the Dutch Minister of Foreign Affairs announced a modernization of the Dutch Foreign Service plan which includes the proposed closing of five consulate general offices around the world including Chicago, Osaka, Munich, Milan, and Antwerp; and

Whereas, The Midwest region is home to over one million Americans of Dutch ancestry, and the state of Michigan is honored to be the home to over a half million of those citizens. The significant size of the Dutch descendant population makes it very special from an ethnic and cultural point of view and also makes the relationship between the Midwest region of the United States and the Kingdom of the Netherlands one of critical importance to foster. So significant is the Dutch influence in Michigan that a large number of cities in Western Michigan were founded and named by Dutch immigrants; and

Whereas, In April 2013, the Lieutenant Governor of Michigan, state legislative leaders, and many members of Michigan’s business, educational, and cultural community attended the state’s first trade mission to the Netherlands which was instituted with the assistance of the Dutch Consulate General in Chicago and the West Michigan Global Initiative. The trade mission was instrumental in expanding the political and business ties of both regions in order to build on an already strong relationship foundation; and

Whereas, Dutch exports to the Midwest region of the United States are three times the size of those exports sent to Canada or India. In terms of economic relations with the Netherlands, the Midwest is critical. A full twenty-seven percent of Dutch exports to the U.S. are destined for Illinois, Ohio, and Michigan. For Michigan, the Netherlands is a significantly strong and growing export market; and

Whereas, So important is the relationship with the Netherlands, that the Michigan Legislature has formed a bi-partisan Legislative Dutch Caucus. Its members actively support economic and culture engagement with the Kingdom of the Netherlands and strongly encourage the Netherlands to maintain a diplomatic mission and presence in Michigan and the Midwest region; and

Whereas, The closure of the Dutch Consulate General Office in the Midwest region would have a negative effect on the growing economic activity and the special relationship that exists between Michigan and the Kingdom of the Netherlands. The state of Michigan offers its assistance to find a solution that will allow the special relationship which exists to continue to flourish; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Kingdom of the Netherlands to strongly reconsider the proposed closing of the Dutch Consulate General Office in Chicago and furthermore request that the Kingdom of the Netherlands retain a strong diplomatic presence in the Midwest region of the United States for generations to come; and be it further

Resolved, That copies of this resolution be transmitted to the members of the Michigan congressional delegation, the Dutch Minister of Foreign Affairs, and the States-General of the Netherlands.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Roberts, Brown, Denby, Durhal, Heise and Slavens offered the following concurrent resolution:

House Concurrent Resolution No. 7.

A concurrent resolution to memorialize the United States Congress to oppose the construction of an underground nuclear waste repository in Ontario, Canada and to urge Canadian officials to find alternatives to Ontario Power Generation’s proposal to bury nuclear waste in the Great Lakes basin.

Whereas, Ontario Power Generation is proposing to construct an underground long-term burial facility for all of Ontario’s low- and intermediate-level radioactive waste—some of which is highly radioactive and much of which will remain toxic for over 100,000 years—at the Bruce Nuclear Generating Station. This site, less than a half mile inland from the shore of Lake Huron and about 440 yards below the lake level, is approximately 120 miles upstream from the main drinking water intakes for Southeast Michigan; and

Whereas, Lake Huron and the other Great Lakes are critically important resources to both the United States and Canada. The Great Lakes contain 95 percent of North America’s surface fresh water, providing drinking water to tens of millions of people. Pristine water is important not only for public health but also for agriculture, commercial and sport fishing, boating, recreation, and tourism in Michigan and throughout the region. These industries are all important components of the Great Lakes economy; and

Whereas, The threat of radioactive water could be devastating to Michigan’s tourism and agriculture industries. Roughly 96 million travelers come to Michigan each year, and many potential tourists may be discouraged from a trip to the Great Lakes, creating severe economic hardship for the state’s vast tourist destinations. Michigan’s agriculture industry, which adds more than $91.4 billion to the state economy annually, is dependent on Great Lakes water for irrigation. Polluted water used for irrigation could contaminate agricultural crops and livestock in the state and cause serious harm to the well-being of the general public; and

Resolved by the House of Representatives (the Senate concurring), That we memorialize the United States Congress to oppose the construction of an underground nuclear waste repository in Ontario, Canada; and be it further

Resolved, That we urge Canadian officials to find alternatives to Ontario Power Generation’s proposal to bury nuclear waste in the Great Lakes basin; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, the Chairman of the United States Nuclear Regulatory Commission, the Canadian Prime Minister, the Premier of Ontario, and the President of the Canadian Nuclear Safety Commission.

The concurrent resolution was referred to the Committee on Energy and Technology.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Messages from the Senate

House Bill No. 4714, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 105, 105a, 106, 107, 108, and 109c (MCL 400.105, 400.105a, 400.106, 400.107, 400.108, and 400.109c), section 105 as amended by 1980 PA 321, section 105a as added by 1988 PA 438, sections 106 and 107 as amended by 2006 PA 144, and section 109c as amended by 1994 PA 302, and by adding sections 105c and 105d.

The Senate has substituted (S-9) the bill.

The Senate has passed the bill as substituted (S-9) and amended the title to read as follows:

A bill to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending sections 105, 105a, 106, 107, 108, and 109c (MCL 400.105, 400.105a, 400.106, 400.107, 400.108, and 400.109c), section 105 as amended by 1980 PA 321, section 105a as added by 1988 PA 438, sections 106 and 107 as amended by 2006 PA 144, and section 109c as amended by 1994 PA 302, and by adding sections 105c, 105d, 105e, and 105f.

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 (S-9) made to the bill by the Senate,

The substitute (S-9) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 265 Yeas—75

Abed Foster Lane Santana

Banks Geiss LaVoy Schmidt

Barnett Glardon Lipton Schor

Bolger Greimel Lori Segal

Brinks Haines Lyons Shirkey

Brown Haugh McCann Singh

Brunner Haveman McCready Slavens

Callton Hobbs Nathan Smiley

Cavanagh Hovey-Wright O’Brien Stamas

Clemente Irwin Oakes Stanley

Cochran Jacobsen Olumba Switalski

Crawford Kandrevas Pagel Talabi

Darany Kesto Poleski Tlaib

Denby Kivela Price Townsend

Dillon Knezek Pscholka Walsh

Driskell Kosowski Roberts Yanez

Durhal Kowall Robinson Yonker

Faris LaFontaine Rogers Zorn

Forlini Lamonte Rutledge

Nays—32

Bumstead Graves Lauwers Nesbitt

Cotter Heise Leonard Outman

Daley Hooker Lund Pettalia

Dianda Howrylak MacGregor Potvin

Farrington Jenkins MacMaster Rendon

Franz Johnson McBroom Somerville

Genetski Kelly McMillin VerHeulen

Goike Kurtz Muxlow Victory

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.

______

Rep. Dianda, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

Today, I voted against expanding Medicaid because I believe that our people cannot afford to pay what the State of Michigan is asking for health insurance. Republican lawmakers proposed that people who earn between 100 and 133 percent of federal poverty level pay 5 percent of their income until 2017. After that, these folks would have to pay 7 percent of their earnings as a Medicaid premium. To put that in perspective, a single person who makes $13,000 would have to contribute $910 annually in order to receive Medicaid after 2017. Some of the people in my district struggle to make ends meet on minimum wage jobs or doing seasonal work. It’s not right to demand so much from those who need to spend their earnings on food, housing, family and gas.”

Rep. Nesbitt, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

I understand that, with respect to a recent inquiry by the Chairman of the House Michigan Competitiveness Committee, Kathleen Sebelius, the Secretary of the federal Department of Health and Human Services, responded with a letter dated August 12, 2013. We all have copies of the letter, which I and many of my colleagues have read with great interest. Despite the assurance by the Secretary that Michigan would face no financial penalty and no reduction to the federal matching dollar rates otherwise available to Michigan if we expand Medicaid coverage and later drop that expanded coverage, I remain opposed to this bill for several reasons.”

Messages from the Governor

The following veto message from the Governor was received and read:

Executive Office, Lansing, June 28, 2013

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Ladies and Gentlemen:

Today I am returning to you Enrolled House Bill 4085 without signature. Enrolled House Bill 4085 mirrors the language of Enrolled Senate Bill 150 (which is tie barred to Enrolled House Bill 4082) and Enrolled Senate Bill 342 (which is tie barred to Enrolled Senate Bill 341). Any one of these bills would amend the Income Tax Act to allow an income-tax form donation to the ALS of Michigan (“Lou Gehrig’s disease”) fund, the Amber Alert Fund, and the Michigan Alzheimer’s Association Fund.

It is important that this amendment to the Income Tax Act be enacted promptly, in order to be sure the State is ready and able to accept Michiganders donations in the next tax season. To that end, I have signed the legislation necessary to ensure that all three funds are created and that the new tax forms offer that donation opportunity.

It is my understanding that there was some concern that duplicate bills were necessary to properly carry out the intent of this bill package. This is not the case. Only one version of the amendment that is intended by Enrolled Senate Bill 150, Enrolled Senate Bill 342, and Enrolled House Bill 4085 needed to be presented to me; I have signed both Enrolled Senate Bills 150 and 342 only to ensure the tie-bars present in those bills did not inadvertently prevent execution of the bills’ purpose. To avoid further confusion and unnecessary duplication, however, I am choosing to return to you Enrolled House Bill 4085 without my signature.

Sincerely,

Rick Snyder

Governor

The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,

Rep. Stamas moved that the bill be re-referred to the Committee on Tax Policy.

The motion prevailed.

______

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

Motions and Resolutions

Rep. Stamas moved that when the House adjourns today it stand adjourned until Wednesday, September 4, at 10:00 a.m.

The motion prevailed.

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 Wednesday, August 28:

House Bill Nos. 4927 4928 4929 4930 4931 4932 4933 4934 4935 4936 4937

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Tuesday, August 27, 2013

Present: Reps. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Kesto, Oakes, Robinson, Kivela and Banks

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, September 3, 2013

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

Absent: Reps. Pettalia and Stallworth

Excused: Reps. Pettalia and Stallworth

Messages from the Senate

Senate Bill No. 389, entitled

A bill to amend 2001 PA 181, entitled “An act to authorize the board of a school district to award high school diplomas to World War II veterans and Korean conflict veterans under certain circumstances; and to prescribe duties and responsibilities of certain state officers and officials,” by amending section 1 (MCL 35.341), as amended by 2003 PA 203.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Knezek and Schor introduced

House Bill No. 4938, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 523 (MCL 168.523), as amended by 2012 PA 523.

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

Reps. Knezek and Heise introduced

House Bill No. 4939, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2011 PA 196.

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

Rep. Kurtz introduced

House Bill No. 4940, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 12b (MCL 722.632b), as added by 2012 PA 593.

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

Announcements by the Clerk

August 28, 2013

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

Performance audit of the International Registration Plan Audit Section, Internal Security Division, Department of State, August 2013.

Gary L. Randall

Clerk of the House

______

Rep. Johnson moved that the House adjourn.

The motion prevailed, the time being 2:55 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, September 4, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives

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