No. 7

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Wednesday, January 30, 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—excused

Brown—present Haugh—excused 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—excused 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—present Zorn—present

Geiss—present Lane—present

e/d/s = entered during session

Pastor Chris Martin, Pastor of Cathedral of Faith Church in Flint, offered the following invocation:

“Dear Heavenly Father,

We thank You for Your grace and mercy. Without You, we can’t do anything. In You we live and move and have our being. I humbly ask You to send Your anointing in this place. Give these legislators the humility and sincere love to do their jobs to the best of their ability. I pray for their strength both physically and mentally. I pray for mutual respect and cooperation. In Jesus’s name. Amen.”

______

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

The motion prevailed.

Rep. Hobbs moved that Reps. Haugh, Durhal and Olumba be excused from today’s session.

The motion prevailed.

______

The Speaker called Associate Speaker Pro Tempore O’Brien to the Chair.

Motions and Resolutions

Reps. Shirkey, MacMaster, Crawford and Poleski offered the following resolution:

House Resolution No. 18.

A resolution to reaffirm the right to keep and bear arms under the Michigan Constitution, the supremacy of the Second Amendment over the Commerce Clause, the limitations of the Office of the President to ban firearms by use of executive order, and the intent of the Michigan Legislature to not recognize or enforce unconstitutional or otherwise unlawful firearm restrictions placed upon its citizens.

Whereas, Article I, Section 6 of the Michigan Constitution, clearly affirms a right to keep and bear arms. This provision prescribes that the primary purpose of the right to keep and bear arms is not related solely to hunting, but clearly allows Michigan citizen’s to be able to protect one’s self and family from the private lawlessness of other persons or potential tyranny of governments; and

Whereas, There are also federalism provisions under the United States Constitution that prohibit the federal government from contradicting those portions of Michigan’s firearms law that are clearly under direct state control. The Tenth Amendment guarantees to the states and their people all powers not granted to the federal government elsewhere in the United States Constitution; and

Whereas, Article I, Section 8 of the United States Constitution provides the federal government with the power to regulate commerce. However, this provision only empowers the government to regulate commerce between states and cannot be used to impose regulations onto firearms beyond this scope or that are at cross-purposes with the Second Amendment; and

Whereas, The President of the United States may not issue executive orders that would violate the separation‑of‑powers doctrine by inserting the executive branch into areas that are beyond presidential authority, within the arena of Congressional legislation, or otherwise incompatible with the express or implied will of Congress; and

Whereas, Several new federal laws or executive actions have been proposed that would overstep the bounds of both the Second Amendment, Michigan’s sovereign constitution, and its firearm laws; and

Whereas, It is not the intent of the Michigan legislature to pass laws that would prohibit, ban, or limit the sales of semi-automatic firearms, especially when based upon mere cosmetic reasons or misclassifications. Furthermore, it is not the intent of the Michigan Legislature to pass laws that would prohibit, ban, or limit the use of otherwise lawful ammunition, to mandate the use of “coded,” “serialized,” or “chipped” ammunition, to otherwise create databases of such ammunition, or to outlaw the ability of people to hand-load otherwise lawful ammunition. Furthermore, it is not the intent of the Michigan Legislature to regulate the family or private transfer or sale of firearms beyond what is currently required under law; and

Whereas, It is not the intent of the Michigan Legislature to pass laws that would mandate the use of so called “smart gun” technology that wirelessly or otherwise authenticates and enables a firearm to be used by only one person. Furthermore, it is not the intent of the Michigan Legislature to allow for licensing schemes for the purchase of firearms that would mandate facial recognition, iris scans, fingerprinting, or other advanced biometric technology. Furthermore, it is not the intent of the Michigan Legislature to pass laws that would infringe upon the ability of firearm owners to keep such weapons loaded and readily accessible within their homes, or that would allow for officials to inspect firearms within their homes without first obtaining a valid search warrant issued in conjunction with a lawful criminal investigation; and

Whereas, It is not the intent of the Michigan Legislature to direct health care professionals to make routine patient inquiries into firearm ownership, to disseminate such information to outside parties, or to prohibit firearm ownership to individuals based upon their reporting of the past use of pain killers or other medications for surgical recovery, dental procedures, and other legitimate medical purposes. Furthermore, it is not the intent of the Michigan Legislature to pass laws that would make firearm ownership or use dependent upon the purchase of personal insurance policies or other similar risk instruments; and

Whereas, It is however the intent of the Michigan Legislature to ensure that such firearm schemes are not imposed upon the citizens of Michigan by either the federal government or itself, and would view such infringements as violations of both the Second Amendment and the Michigan Constitution; now, therefore, be it

Resolved by the House of Representatives, That we reaffirm the right to keep and bear arms under the Michigan Constitution, the supremacy of the Second Amendment over the Commerce Clause, the limitations of the Office of the President to ban firearms by use of executive order, and the intent of the Michigan Legislature to not recognize or enforce unconstitutional firearm restrictions placed upon its citizens; 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, members of the Michigan congressional delegation, and the head of the Bureau of Alcohol, Tobacco, and Firearms.

The resolution was referred to the Committee on Judiciary.

______

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

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Wednesday, January 30:

House Bill Nos. 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120

4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131

House Joint Resolution C

Senate Bill Nos. 83 89 90 91 92 93 94 95 96 97 98 99 100 101

102 103 104 105 106 107 108

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, January 29, 2013

Present: Reps. McMillin, Kelly, O’Brien, Leonard and Robinson

Absent: Rep. Olumba

Excused: Rep. Olumba

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, January 29, 2013

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

Absent: Reps. Haveman and Durhal

Excused: Reps. Haveman and Durhal

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stamas, Chair, of the Committee on Military and Veterans Affairs, was received and read: