No. 11

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Thursday, February 7, 2013.

10:00 a.m.

The House was called to order by Associate Speaker Pro Tempore O’Brien.

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

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

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

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

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

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

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

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

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

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

Callton—present Hobbs—present McBroom—excused 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—excused 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—excused

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. Kevin Cotter, from the 99th District, offered the following invocation:

“Dear Lord and heavenly Father, we ask that You would be with us in this chamber today and every day. We thank You for the tremendous blessings and privileges that You have bestowed upon each one of us. We thank You for the opportunity to serve Your people of this great state of Michigan. With Your grace, please help us to always remember that it is a privilege and honor to serve Your people.

We thank You for the many freedoms that we enjoy and we ask for Your loving guidance to help us always remain humble and thankful. We pray for the people of Michigan, and all people of this world. May we all live in peace with our neighbors and make the most of the short time that we have on this earth.

Lord, today we are especially mindful of the many sacrifices made by our brave men and women in uniform. We pray for them and their families and ask for the comfort and healing that can only come from You. All this I pray in the name of Your son Jesus Christ, amen.”

______

The Speaker assumed the Chair.

______

Rep. Stamas moved that Reps. Denby, McBroom and Walsh be excused from today’s session.

The motion prevailed.

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

The motion prevailed.

______

The Speaker called Associate Speaker Pro Tempore Cotter to the Chair.

Motions and Resolutions

Reps. Haveman, Outman, McCann, Jenkins, Segal, O’Brien, Dillon, Abed, Poleski, Genetski, Barnett, Brown, Crawford, Geiss, Howrylak, Irwin, Lori, Lund and Talabi offered the following resolution:

House Resolution No. 23.

A resolution to commemorate the Michigan Intercollegiate Athletic Association on its 125th anniversary.

Whereas, The Michigan Intercollegiate Athletic Association (MIAA) was founded on March 24, 1888, with representation from four colleges – Albion College, Olivet College, Hillsdale College and Michigan Agricultural College (now Michigan State University); and

Whereas, The first athletic event in the MIAA’s history, known as Field Day, was held from May 31-June 2, 1888, with competition in track and field, baseball and tennis. Today, the Field Day name lives on as the conference’s championship event in track and field; and

Whereas, This year marks the 125th year of continuous athletic competition in the conference, making the MIAA America’s oldest collegiate athletic conference; and

Whereas, Nine member colleges, seven in Michigan and two in northern Indiana, now make up the MIAA – Adrian College, Albion College, Alma College, Calvin College, Hope College, Kalamazoo College, Olivet College, Saint Mary’s College (Indiana) and Trine University (Indiana); and

Whereas, Over the years, the MIAA has grown and expanded to include both men’s and women’s sports, with hundreds of student-athletes competing in 20 sports, 10 for men and 10 for women; and

Whereas, The MIAA has produced 20 NCAA team national champions and 95 individual national champions at the Division III level; and

Whereas, MIAA student-athletes have excelled in the classroom as well as on the athletic field, with more than 940 student-athletes earning at least a 3.5 grade-point average while earning a varsity letter during the 2011-12 academic year; and

Whereas, More than 250 MIAA student-athletes have been recognized as Academic All-Americans by the College Sports Information Directors of America and 75 student-athletes have gone on to receive NCAA Postgraduate Scholarships; and

Whereas, MIAA student-athletes compete for the “love of the game” without the benefit of athletic scholarships and more than 80 percent of MIAA student-athletes come from Michigan high schools; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the Michigan Intercollegiate Athletic Association on its 125th anniversary.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Brinks, Barnett, Brown, Dillon, Geiss, Irwin, Roberts, Segal and Talabi offered the following resolution:

House Resolution No. 24.

A resolution to demand quality health care for residents of the Grand Rapids Home for Veterans.

Whereas, The men and women who serve our country deserve our utmost respect and gratitude. After their service is complete, all veterans still need support. So many of them make the ultimate sacrifice for our country or are injured in the line of duty. Many of the men and women returning home from duty face challenges with physical disabilities and mental health. All veterans are entitled to the best care we can give them; and

Whereas, The state of Michigan has cut millions in funding from the Grand Rapids Home for Veterans. As a result, more than 140 employees of the veterans home are being laid off and replaced with lower-paid contract workers. The state should not try to save money at the expense of providing quality care for veterans; and

Whereas, The company contracted to provide the replacement employees has a questionable track record. There are reported instances of negligence and the company fails to require adequate experience from its employees. It is likely that the quality of care our servicemen and women receive will suffer as a result of this action by the state; now, therefore, be it

Resolved by the House of Representatives, That we demand the best possible health care for veterans in the Grand Rapids Home for Veterans and all other veterans health facilities in the state; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Military and Veterans Affairs and the Office of Public Protection and Resources in the State Budget Office of the Department of Technology, Management, and Budget.

The resolution was referred to the Committee on Government Operations.

______

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 resolutions had been printed and placed upon the files of the members on Thursday, February 7:

House Bill Nos. 4191 4192 4193 4194 4195 4196 4197 4198 4199 4200 4201 4202 4203

House Joint Resolutions I J

Senate Bill Nos. 153 154 155 156 157 158 159 160 161 162 163 164

Notices

February 7, 2013

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

Pursuant to MCL 3.1022, I am appointing Rep. Wayne Schmidt to the Midwest Interstate Passenger Rail Commission for the term from January 15, 2013 to December 31, 2014.

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Introduction of Bills

Rep. Glardon introduced

House Bill No. 4204, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding sections 2a and 76.

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

Rep. Ananich introduced

House Bill No. 4205, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 402.

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

Rep. Santana introduced

House Bill No. 4206, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter II (MCL 762.11), as amended by 2004 PA 239.

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

Reps. Farrington, Howrylak and Rendon introduced

House Bill No. 4207, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 32 (MCL 24.232), as amended by 2011 PA 270.

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

Reps. Zorn, LaVoy, Jenkins, Kurtz and Somerville introduced

House Bill No. 4208, entitled

A bill to amend 1986 PA 59, entitled “Resort district rehabilitation act,” by amending sections 2 and 6 (MCL 125.2202 and 125.2206).

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

Reps. Zorn, Kowall, Poleski, Price, Rendon, O’Brien, Somerville, Johnson, Goike and Kurtz introduced

House Bill No. 4209, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 448 and 451 (MCL 750.448 and 750.451), section 448 as amended by 2002 PA 45 and section 451 as amended by 2002 PA 44.

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

Reps. Kowall, Zorn, Poleski, Price, Rendon, O’Brien, Somerville, Johnson, Goike and Kurtz introduced

House Bill No. 4210, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2010 PA 361.

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

______

Rep. Stanley moved that the House adjourn.

The motion prevailed, the time being 10:45 a.m.

Associate Speaker Pro Tempore Cotter declared the House adjourned until Tuesday, February 12, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

128 JOURNAL OF THE HOUSE [February 7, 2013] [No. 11

No. 11] [February 7, 2013] JOURNAL OF THE HOUSE 129

130 JOURNAL OF THE HOUSE [February 7, 2013] [No. 11