No. 9

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Tuesday, February 5, 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—excused 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—excused 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

Rep. Phil Cavanagh, from the 10th District, offered the following invocation:

“Heavenly Father, we are Your humble servants,

We come before You today in need of hope.

There are times when we feel helpless,

There are times when we feel weak.

Today, I pray for hope. We need hope for a better future. We need hope for a better life. We need hope for love and kindness.

Some say that the sky is at it’s darkest just before the light. The light is shining on this state. Continue to illuminate for all, especially those wanting of hope.

I pray that we are filled with Your wisdom. That we may bask in Your glory. That we may know that all is right in the world, as You have planned, and as You want it to be. Let us not deviate to drastically from this course.

Help us to see and follow Your light, and to live our lives in faith and glory.

In Your name I pray, Amen.”

______

Rep. Stamas moved that Reps. Bolger and Denby be excused from today’s session.

The motion prevailed.

Rep. Schor moved that Reps. Durhal and Olumba be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Tlaib, Robinson, Singh, Banks, Santana, Kandrevas, Zemke, Knezek, Clemente, Roberts, Darany, Switalski, Talabi, Cavanagh, Slavens, Lipton, Stallworth, Yanez and Barnett offered the following resolution:

House Resolution No. 20.

A resolution to request that Governor Snyder demand a full investigation by the Michigan Department of Community Health’s Crime Victims, EMS and Trauma Systems Division into emergency medical services (EMS) response and management in Detroit.

Whereas, On January 29, 2013, six- and four-year-old brothers had to be transported to the hospital by the Detroit Fire Department’s Rescue Squad. Over 15 minutes passed before an EMS ambulance was deployed. Despite the extraordinary efforts of fire personnel to save the lives of these children, the six-year-old boy died from smoke inhalation; and

Whereas, On July 7, 2012, a 15-year-old boy was shot on the southwest side of Detroit and no EMS were available, according to the EMS incident report. The victim had to be carried by his father and placed in the back seat of a Detroit Police Department vehicle to be transported to a nearby hospital. The boy did not survive; and

Whereas, The poor EMS response times in these tragedies are, unfortunately, not isolated incidents. Slow response times are a well-known fact in Detroit; and

Whereas, In situations where life and death hang in the balance and in a modern society, it is unacceptable that lives may be lost because EMS cannot respond quickly enough to emergencies. The problems with EMS response time—whether mismanagement, lack of resources, or other factors—must be identified and addressed before another tragedy occurs. Every incident must be documented, and EMS response times accurately recorded; and

Whereas, The Michigan Legislature has charged the Michigan Department of Community Health with ensuring that EMS provide safe care, treatment, and transportation in response to emergencies. It is imperative that the department exercise its oversight responsibilities to determine remedies and enforce changes to ensure that the residents of Detroit receive timely EMS response and to avoid future tragedies; now, therefore, be it

Resolved by the House of Representatives, That we request that Governor Snyder demand a full investigation by the Michigan Department of Community Health’s Crime Victims, EMS and Trauma Systems Division into emergency medical services (EMS) response and management in Detroit; and be it further

Resolved, That the results of the investigation be made public and any fraudulent or negligent conduct be referred to Michigan’s Attorney General; and be it further

Resolved, That copies of this resolution be transmitted to the Governor and the Director of the Michigan Department of Community Health.

The resolution was referred to the Committee on Local Government.

Reps. Townsend, Barnett, Cochran, Crawford, Heise, Hooker, Kowall, Kurtz, O’Brien, Poleski, Segal and Slavens offered the following resolution:

House Resolution No. 21.

A resolution to recognize the Michigan World War II Legacy Memorial and to acknowledge Michigan’s contributions during the Second World War.

Whereas, The effects of World War II were momentous, from the halt of tyranny that threatened the existence of freedom, the ushering in of the Atomic Age and the redrawing of international borders to the baby boomer generation, the G.I. Bill, the changing role of women and civil rights advances; and

Whereas, Michigan has an important history to share when it comes to World War II with more than 600,000 residents serving in the armed forces and countless others serving on the home front where Rosie the Riveter and the Arsenal of Democracy were born; and

Whereas, From the factories to the fields, Michigan supplied the war effort with everything from guns, tanks, bombers, planes and ships to livestock, crops and K-rations; and

Whereas, The Michigan World War II Legacy Memorial will provide a year-round, multi-purpose destination that will encourage visitors to commemorate those who served and celebrate our freedoms; and

Whereas, The Michigan World War II Legacy Memorial will provide an environment that will attract visitors of all ages to explore and learn and serve as an inspiration for future generations, reminding us all of the remarkable patriotism, sacrifices and extraordinary devotion to liberty that helped save the world from fascism; and

Whereas, After flying nearly 1,400 Michigan WWII veterans to Washington, D.C. free of charge to see the National WWII Memorial, Honor Flight Michigan Legacy, a 501(c)(3) non-profit organization, is proud to take on the new mission of leading the effort to bring The Michigan WWII Legacy Memorial to life; and

Whereas, Honor Flight Michigan Legacy is working with professional historians, educators, architects, designers and artists to build this memorial; and

Whereas, Michigan military organizations including the Veterans of Foreign Wars, The American Legion, and Jewish War Veterans enthusiastically support The Michigan World War II Legacy Memorial; and

Whereas, The Michigan World War II Legacy Memorial will reside in Memorial Park in the city of Royal Oak, Michigan in a location dedicated to the memory of those who served in World War II; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the Michigan World War II Legacy Memorial and acknowledge Michigan’s contributions during the Second World War.

The question being on the adoption of the resolution,

The resolution was adopted.

______

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 Friday, February 1:

House Bill Nos. 4149 4150 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 4162

4163 4164 4165 4166 4167

Senate Bill Nos. 125 126 127 128 129 130 131 132 133 134 135 136

Senate Joint Resolution L

The Clerk announced that the following Senate bills had been received on Tuesday, February 5:

Senate Bill Nos. 7 8

Reports of Standing Committees

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

House Bill No. 4045, entitled

A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending sections 3e and 3h (MCL 338.883e and 338.883h), section 3e as added by 1990 PA 246 and section 3h as added by 1992 PA 130.

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. Crawford, McBroom, McMillin, 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, February 5, 2013

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

Absent: Rep. Denby

Excused: Rep. Denby

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

House Bill No. 4153, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2012 PA 509.

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

Nays: None

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, February 5, 2013

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

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 5, 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. Haines, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Tuesday, February 5, 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. LaFontaine, Chair, of the Committee on Natural Resources, was received and read:

Meeting held on: Tuesday, February 5, 2013

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

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 5, 2013

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

Messages from the Senate

Senate Bill No. 8, entitled

A bill to amend 1963 PA 247, entitled “An act to define the term “newspaper” as used in the statutes of this state regarding publication of notices,” by amending section 1 (MCL 691.1051); and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 7, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 2133 (MCL 324.2133), as added by 1995 PA 60.

The Senate has passed the bill.

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

Notices

February 5, 2013

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

Pursuant to MCL 399.1, I am reappointing Mr. Joseph Calvaruso of Galesburg to the Michigan Historical Commission for the term from today to December 31, 2014.

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Communications from State Officers

The following communication from the Department of State Police was received and read:

January 31, 2013

Attached is the 2012 Annual Report for the Automobile Theft Prevention Authority (ATPA). This report conveys the activities of the ATPA for the preceding year and satisfies the reporting requirements of Public Act 174 of 1992, as amended. Copies of the ATPA’s Annual Report are transmitted to the Governor and the Legislature on or before February 1 of each year.

As a cost cutting measure, the report is being sent via e-mail and will also be accessible on the ATPA Web site located at: www.michigan.gov/atpa<http://www.michigan.gov/atpa> . A limited number of hard copies of the report are available and can be requested by calling (517) 241-1087.

Please direct any questions regarding the report to Mr. Tim Bailor, ATPA, at (517) 241-1086.

Mr. Dan Vartanian

Executive Director

Michigan Department of State Police

Auto Theft Prevention Authority

Grants and Community Services Division

The communication was referred to the Clerk.

Introduction of Bills

Reps. O’Brien, Lund, Cotter, Lyons, Haines, Lori, Jenkins, Shirkey, Kurtz, Lauwers, Schmidt, Graves, Rogers, Outman, Foster, Walsh, Price, Lipton, Haugh, Santana, Lane, Pscholka and Singh introduced

House Bill No. 4168, entitled

A bill to amend 1919 PA 339, entitled “Dog law of 1919,” by amending section 17 (MCL 287.277), as amended by 1998 PA 390.

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

Reps. Pagel, Kowall, Haines and Jacobsen introduced

House Bill No. 4169, entitled

A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 18a of chapter XIV (MCL 74.18a), as amended by 2003 PA 305.

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

Reps. Cotter, Kowall, Haines and Jacobsen introduced

House Bill No. 4170, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 21, 37, and 57 (MCL 389.21, 389.37, and 389.57), as amended by 2003 PA 306.

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

Reps. Jacobsen, Kowall and Haines introduced

House Bill No. 4171, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 24a, 30g, 307, 308, 323, 347, 355, 360, 426c, 426f, 426l, 792, 806, 809, 822, 823, 826, 866, 867, and 868 (MCL 168.24a, 168.30g, 168.307, 168.308, 168.323, 168.347, 168.355, 168.360, 168.426c, 168.426f, 168.426l, 168.792, 168.806, 168.809, 168.822, 168.823, 168.826, 168.866, 168.867, and 168.868), section 24a as amended by 2010 PA 52, section 307 as amended by 2010 PA 55, section 308 as added by 2003 PA 302, section 426f as amended by 1990 PA 32, sections 809 and 868 as amended by 1995 PA 261, section 826 as amended by 2003 PA 119, section 866 as amended by 2010 PA 53, and section 867 as amended by 1980 PA 200; and to repeal acts and parts of acts.

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

Reps. Price, MacMaster, Haveman, Pscholka, Bumstead, McMillin, Shirkey, Victory and Lund introduced

House Bill No. 4172, entitled

A bill to repeal 1965 PA 166, entitled “An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties,” (MCL 408.551 to 408.558).

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

Reps. MacGregor, MacMaster, Haveman, Price, Pscholka, Bumstead, McMillin, Shirkey, Victory and Lund introduced

House Bill No. 4173, entitled

A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending section 8 (MCL 125.1608), as amended by 2002 PA 357.

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

Reps. Jacobsen, MacMaster, Haveman, Price, Pscholka, Bumstead, McMillin, Shirkey, Victory and Lund introduced

House Bill No. 4174, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 503, 523, 553, and 1311e (MCL 380.503, 380.523, 380.553, and 380.1311e), sections 503, 523, and 553 as amended by 2011 PA 277 and section 1311e as amended by 2009 PA 205.

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

Rep. Somerville introduced

House Bill No. 4175, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531 (MCL 380.1531), as amended by 2007 PA 32; and to repeal acts and parts of acts.

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

Reps. Somerville and Muxlow introduced

House Bill No. 4176, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2012 PA 223.

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

Reps. Ananich and Walsh introduced

House Bill No. 4177, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 316 (MCL 750.316), as amended by 2006 PA 415.

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

Reps. Ananich, Knezek, Singh and Smiley introduced

House Bill No. 4178, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 674 and 907 (MCL 257.674 and 257.907), section 674 as amended by 2000 PA 268 and section 907 as amended by 2011 PA 159.

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

Reps. Pscholka, Pettalia, MacMaster, Forlini, Schor, Rendon, Price, Heise, Brown and Switalski introduced

House Bill No. 4179, entitled

A bill to amend 2008 PA 94, entitled “Water resource improvement tax increment finance authority act,” by amending sections 3 and 10 (MCL 125.1773 and 125.1780); and to repeal acts and parts of acts.

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

Reps. Switalski, Dillon and Slavens introduced

House Bill No. 4180, entitled

A bill to limit the compensation for positions in the executive branch of state government that are not a part of the classified service.

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

Reps. Switalski and Slavens introduced

House Bill No. 4181, entitled

A bill to establish the terms upon which health benefits may be provided to legislators.

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

Reps. Schor, Brown, Singh, Irwin, Switalski, Knezek, Slavens and Cavanagh introduced

House Bill No. 4182, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 275 and 675.

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

Reps. Schor, Brown, Cavanagh and Slavens introduced

House Bill No. 4183, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 20 (MCL 388.1620), as amended by 2012 PA 201.

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

Rep. Haines introduced

House Bill No. 4184, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7oo.

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

Rep. Haines introduced

House Bill No. 4185, entitled

A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties.

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

Reps. Oakes, Haveman, MacMaster, Muxlow, Santana, Kandrevas, McCann, Robinson, Hobbs, Geiss, Howrylak, Banks, Kowall, Dillon, Lipton, Cavanagh and O’Brien introduced

House Bill No. 4186, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending sections 1, 3, and 4 (MCL 780.621, 780.623, and 780.624), section 1 as amended by 2011 PA 64, section 3 as amended by 1994 PA 294, and section 4 as added by 1982 PA 495.

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

Reps. Johnson, Rendon, Heise, LaFontaine, McBroom, McMillin, Howrylak, Lauwers, Somerville, Haines, Haveman, Brunner, Brown, Hooker, Yonker, Muxlow, Kelly, Denby, Zorn, Franz, Potvin, Kurtz and Genetski introduced

House Bill No. 4187, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17014 and 17015 (MCL 333.17014 and 333.17015), section 17014 as amended by 2002 PA 685 and section 17015 as amended by 2012 PA 499.

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

Rep. Kelly introduced

House Bill No. 4188, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1177b.

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

Reps. Lipton, Haveman, MacMaster, Singh, Robinson, Cavanagh, Howrylak, Banks and Oakes introduced

House Bill No. 4189, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353.

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

Rep. Farrington introduced

House Bill No. 4190, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 41 (MCL 38.1341), as amended by 2012 PA 300.

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

Rep. Somerville introduced

House Joint Resolution F, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 12 and 13 of article IV, and by adding section 55 to article IV, to limit the legislative session, to reduce salaries of members of the legislature, and to reduce compensation of state legislators who have absences from legislative session.

The joint resolution was read a first time by its title and referred to the Committee on Government Operations.

Reps. Switalski, Dillon and Slavens introduced

House Joint Resolution G, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 12 of article IV, to eliminate the governor’s salary if the governor has $1,000,000.00 or more in annual outside income.

The joint resolution was read a first time by its title and referred to the Committee on Government Operations.

Reps. Switalski, Slavens and Ananich introduced

House Joint Resolution H, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 12 of article IV, to reduce salaries and expense allowances of members of the legislature.

The joint resolution was read a first time by its title and referred to the Committee on Government Operations.

______

Rep. Talabi moved that the House adjourn.

The motion prevailed, the time being 2:20 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, February 6, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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