No. 23

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

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

12:00 Noon.

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—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—excused 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—e/d/s Tlaib—present

Dillon—present Kesto—present Outman—present Townsend—present

Driskell—present Kivela—present Pagel—present VerHeulen—present

Durhal—present 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. Joe Haveman, from the 90th District, offered the following invocation:

“Almighty God, thank Thee for the job of this day.

May we find gladness in all its toil and difficulty,

its pleasure and success,

and even in its failure and sorrow.

We would look always away from ourselves,

and behold the glory and the need of the world

that we may have the will and the strength to bring

the gift of gladness to others;

that with them we stand to bear

the burden and heat of the day

and offer Thee the praise of work well done.

Amen.”

______

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

The motion prevailed.

Motions and Resolutions

Reps. VerHeulen, Barnett, Brown, Darany, Geiss, Haines, Heise, Howrylak, Lori, Poleski and Slavens offered the following resolution:

House Resolution No. 50.

A resolution to declare March 25-29, 2013, as Graduate Education Week in the state of Michigan.

Whereas, A graduate education attracts students from across the nation and world to Michigan universities for advanced training; and

Whereas, In graduate certificate, masters, specialist, and doctoral programs across the state, graduate educators are providing access to cutting edge knowledge and analytic skills essential to ensuring that Michigan workers are among the most productive, creative, and innovative in the world; and

Whereas, Graduate students make vital contributions to the teaching and research that underpins our new knowledge-based economy and supports community engagement while serving as teaching and research assistants; and

Whereas, Michigan graduate students continue to change the way we fuel Michigan’s economy by stimulating entrepreneurship, improving the quality of life, researching renewable energy sources, water quality, new technologies, agricultural productivity, transportation enhancements, sustainability, management of natural resources, disease prevention, medical innovations, healthcare delivery mechanisms, unique health care issues for children, and the elderly; and

Whereas, Michigan teachers and faculty with advanced degrees are creating learning environments that assist Michigan’s children, young adults, and lifetime learners to become more productive and informed citizens who are able to meet Michigan’s workforce needs; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 25-29, 2013, as Graduate Education Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Talabi, Durhal, Rutledge, Barnett, Lipton, Banks, Zemke, Kandrevas, Slavens, Segal, Stanley, Cochran, Driskell, Dianda, Ananich, Brunner, Stallworth, Singh, Irwin, Nathan, Clemente, Hovey-Wright, Santana, Oakes and Darany offered the following concurrent resolution:

House Concurrent Resolution No. 3.

A concurrent resolution to memorialize Congress to expand the use of Food Assistance Program dollars to include personal hygiene products and home cleaning supplies.

Whereas, The Supplemental Food and Nutrition Program (SNAP) provides low-income households throughout the country with access to nutritious food. However, these households, like everyone, also have a great need for personal hygiene products and home cleaning supplies that are prohibited from being purchased with the food assistance program’s Electronic Benefits Transfer Card (EBT); and

Whereas, Personal hygiene products and cleaning supplies are important staples in every household. They are a necessary part of the preparation for attending school, going to work, and looking for work. Such items are basic necessities for daily living and should be regarded as an allowable purchase with food assistance benefits; and

Whereas, Michigan’s decision to retroactively end cash assistance after 48 months, has resulted in the loss of financial resources for thousands of poor and disenfranchised recipients, and adds yet another challenge to their already precarious lives. Many will lose the purchasing power for such basic home sanitation and personal hygiene needs that most of us take for granted. Expansion of SNAP benefits to include such purchases would provide much needed help. Without these products, health problems may occur that could cause additional costs and hardships for the family; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialized Congress to expand the Supplemental Food Assistance Program (SNAP) to include personal hygiene products and home cleaning supplies beginning with the current SNAP authorization; 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 concurrent resolution was referred to the Committee on Families, Children, and Seniors.

______

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

Third Reading of Bills

House Bill No. 4094, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 40109a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 22 Yeas—108

Abed Geiss Lamonte Roberts

Ananich Genetski Lane Robinson

Banks Glardon Lauwers Rogers

Barnett Goike LaVoy Rutledge

Bolger Graves Leonard Santana

Brinks Greimel Lipton Schmidt

Brown Haines Lori Schor

Brunner Haugh Lund Segal

Bumstead Haveman Lyons Shirkey

Callton Heise MacGregor Singh

Cavanagh Hobbs MacMaster Slavens

Clemente Hooker McBroom Smiley

Cochran Hovey-Wright McCann Somerville

Cotter Howrylak McCready Stallworth

Crawford Irwin McMillin Stamas

Daley Jacobsen Muxlow Stanley

Darany Jenkins Nesbitt Switalski

Denby Johnson O’Brien Talabi

Dianda Kandrevas Oakes Tlaib

Dillon Kelly Outman Townsend

Driskell Kesto Pagel VerHeulen

Durhal Kivela Pettalia Victory

Faris Knezek Poleski Walsh

Farrington Kosowski Potvin Yanez

Forlini Kowall Price Yonker

Foster Kurtz Pscholka Zemke

Franz LaFontaine Rendon Zorn

Nays—0

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Senate Bill No. 48, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending sections 2 and 22 (MCL 287.1102 and 287.1122).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 23 Yeas—56

Bolger Genetski Lori Potvin

Brown Glardon Lund Price

Brunner Goike Lyons Pscholka

Bumstead Graves MacGregor Rendon

Cotter Haveman MacMaster Rogers

Daley Hooker McBroom Schmidt

Denby Jenkins McMillin Shirkey

Dianda Johnson Muxlow Somerville

Dillon Kelly Nesbitt Stamas

Farrington Kivela O’Brien VerHeulen

Forlini Kurtz Outman Victory

Foster LaFontaine Pagel Walsh

Franz Lauwers Pettalia Yonker

Geiss Leonard Poleski Zorn

Nays—52

Abed Faris Kosowski Schor

Ananich Greimel Kowall Segal

Banks Haines Lamonte Singh

Barnett Haugh Lane Slavens

Brinks Heise LaVoy Smiley

Callton Hobbs Lipton Stallworth

Cavanagh Hovey-Wright McCann Stanley

Clemente Howrylak McCready Switalski

Cochran Irwin Oakes Talabi

Crawford Jacobsen Roberts Tlaib

Darany Kandrevas Robinson Townsend

Driskell Kesto Rutledge Yanez

Durhal Knezek Santana Zemke

In The Chair: Cotter

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to regulate the ownership, possession, and care of certain large carnivores; to prohibit the ownership and possession of certain large carnivores; to impose fees; to prescribe the powers and duties of certain governmental entities and officials and of certain veterinarians; and to prescribe penalties and provide remedies,”

The House agreed to the full title.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Schor, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Thank you Mr. Speaker. As you might know, there is a zoo in Lansing called the Potter Park Zoo, which is one of only four AZA-certified zoos in Michigan.

I met with them recently, and they raised objections to this bill which I thought appropriate to share with this body. They are joined in these objections by the Detroit Zoo and Binder Park Zoo.

Allowing the handling of small bears can result in serious health and safety issues for Michigan residents. It is extremely stressful for bear cubs to be prematurely removed from their mothers - a common practice to facilitate public handling. This stress can cause them to lash out at whoever is being pictured with them which is why this practice is currently illegal.

Keep in mind that that a healthy, nine-month-old bear cub can weigh 65 pounds, and this bill allows the bear cubs being handled to be at least 90 pounds.

I understand that this bill is just for one ranch. So let’s look at that ranch. Governor Snyder’s Department of Natural Resources just 5 months ago cited this ranch with several violations of law. They include:

- illegally breeding bears on three different occasions

- Illegally purchasing and receiving bear cubs on 11 different occasions

- Not having locked animal enclosures

- Not notifying visitors that there are dangerous large carnivores on the property

- not microchipping the bears

So this bill will make it illegal for that ranch, with all those serious violations, to be made legal.

Supporters would say that this bill creates jobs. I want to help create jobs just like anyone else, but not while putting our residents, especially our youth, at risk.”

______

Rep. Olumba entered the House Chambers.

House Bill No. 4050, entitled

A bill to amend 1994 PA 204, entitled “The children’s ombudsman act,” by amending sections 5a, 6, 7, 8, and 9 (MCL 722.925a, 722.926, 722.927, 722.928, and 722.929), section 5a as added and sections 6, 7, 8, and 9 as amended by 2004 PA 560.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 24 Yeas—108

Abed Geiss Lamonte Rendon

Ananich Genetski Lane Roberts

Banks Glardon Lauwers Rogers

Barnett Goike LaVoy Rutledge

Bolger Graves Leonard Santana

Brinks Greimel Lipton Schmidt

Brown Haines Lori Schor

Brunner Haugh Lund Segal

Bumstead Haveman Lyons Shirkey

Callton Heise MacGregor Singh

Cavanagh Hobbs MacMaster Slavens

Clemente Hooker McBroom Smiley

Cochran Hovey-Wright McCann Somerville

Cotter Howrylak McCready Stallworth

Crawford Irwin McMillin Stamas

Daley Jacobsen Muxlow Stanley

Darany Jenkins Nesbitt Switalski

Denby Johnson O’Brien Talabi

Dianda Kandrevas Oakes Tlaib

Dillon Kelly Olumba Townsend

Driskell Kesto Outman VerHeulen

Durhal Kivela Pagel Victory

Faris Knezek Pettalia Walsh

Farrington Kosowski Poleski Yanez

Forlini Kowall Potvin Yonker

Foster Kurtz Price Zemke

Franz LaFontaine Pscholka Zorn

Nays—1

Robinson

In The Chair: Cotter

The question being on agreeing to the title of the bill,

Rep. Stamas moved to amend the title to read as follows:

The motion prevailed.

The House agreed to the title as amended.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4080, entitled

A bill to authorize the state administrative board to convey certain parcels of state-owned property in Chippewa county; to prescribe conditions for the conveyance; and to provide for certain powers and duties of certain state departments in regard to the property.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 25 Yeas—108

Abed Geiss Lamonte Rendon

Ananich Genetski Lane Roberts

Banks Glardon Lauwers Rogers

Barnett Goike LaVoy Rutledge

Bolger Graves Leonard Santana

Brinks Greimel Lipton Schmidt

Brown Haines Lori Schor

Brunner Haugh Lund Segal

Bumstead Haveman Lyons Shirkey

Callton Heise MacGregor Singh

Cavanagh Hobbs MacMaster Slavens

Clemente Hooker McBroom Smiley

Cochran Hovey-Wright McCann Somerville

Cotter Howrylak McCready Stallworth

Crawford Irwin McMillin Stamas

Daley Jacobsen Muxlow Stanley

Darany Jenkins Nesbitt Switalski

Denby Johnson O’Brien Talabi

Dianda Kandrevas Oakes Tlaib

Dillon Kelly Olumba Townsend

Driskell Kesto Outman VerHeulen

Durhal Kivela Pagel Victory

Faris Knezek Pettalia Walsh

Farrington Kosowski Poleski Yanez

Forlini Kowall Potvin Yonker

Foster Kurtz Price Zemke

Franz LaFontaine Pscholka Zorn

Nays—1

Robinson

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Stamas moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

The motion prevailed, a majority of the members present voting therefor.

______

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 Thursday, March 7:

House Bill Nos. 4372 4373 4374 4375 4376 4377 4378 4379 4380 4381 4382 4383 4384

Senate Bill Nos. 246 247 248 249 250

Senate Joint Resolution P

The Clerk announced that the following Senate bill had been received on Thursday, March 7:

Senate Bill No. 233

Reports of Standing Committees

The Committee on Tourism, by Rep. Pettalia, Chair, reported

House Bill No. 4262, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 226, 227, and 231 (MCL 750.226, 750.227, and 750.231), section 227 as amended by 1986 PA 8 and section 231 as amended by 2006 PA 401.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 4, following line 26, by inserting:

“Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.”.

The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Pettalia, Goike, Crawford, Genetski, Rendon, Pagel, Kosowski and Kivela

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 7, 2013

Present: Reps. Pettalia, Goike, Crawford, Genetski, Rendon, Pagel, Kosowski, Brunner and Kivela

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 6, 2013

Present: Reps. Lyons, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price, Yonker, Lipton, Knezek, Brinks, Stallworth, Lamonte and Abed

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Poleski, Chair, of the Committee on Financial Liability Reform, was received and read:

Meeting held on: Thursday, March 7, 2013

Present: Reps. Poleski, Victory, Denby, McMillin, Schmidt, Shirkey, Callton, Cavanagh, Talabi, Irwin and Robinson

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Price, Chair, of the Committee on Local Government, was received and read:

Meeting held on: Thursday, March 7, 2013

Present: Reps. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Rutledge, Banks and Talabi

Absent: Rep. Stanley

Excused: Rep. Stanley

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 7, 2013

Present: Reps. Lund, Leonard, Denby, Cotter, Glardon, Goike, LaFontaine, Lyons, Nesbitt, O’Brien, Segal, Lipton, Abed and Cochran

Absent: Rep. Olumba

Excused: Rep. Olumba

Messages from the Senate

Senate Bill No. 233, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects and for certain state departments and agencies for the fiscal year ending September 30, 2013; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Slavens, Hovey-Wright, Knezek and Kosowski introduced

House Bill No. 4385, entitled

A bill to create the foster care parents bill of rights; to ensure that foster care parents have certain rights; and to establish the rights and responsibilities of certain state departments and agencies.

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

Reps. Switalski, Dillon, Roberts, Irwin, Tlaib, Faris, Talabi, Stallworth, Greimel, Lipton, Knezek, Hobbs, Hovey-Wright, Singh and Zemke introduced

House Bill No. 4386, entitled

A bill to amend 1964 PA 154, entitled “Minimum wage law of 1964,” by amending section 4 (MCL 408.384), as amended by 2006 PA 81.

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

Rep. Crawford introduced

House Bill No. 4387, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2003 PA 299.

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

Reps. Pscholka, Kelly, Somerville, Haveman, Heise, Johnson, Farrington, Poleski, Jenkins, Rendon, Lori, Forlini, Bumstead, Graves, Schmidt, Daley, Shirkey, Cotter, Franz, MacGregor and Foster introduced

House Bill No. 4388, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57b (MCL 400.57b), as amended by 2011 PA 131.

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

Reps. Goike, Lane, Kelly, Lauwers, Victory, Glardon, Schmidt, Daley, Zorn, Jacobsen, Heise and Yonker introduced

House Bill No. 4389, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending the title and section 25 (MCL 247.675), the title as amended by 2010 PA 135 and section 25 as amended by 1993 PA 20.

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

Reps. Stamas, Kelly, McCready, Schmidt, Graves, Foster, Pettalia, Potvin, Lund, Rendon, Yanez, Lamonte, Victory, Lauwers and Knezek introduced

House Bill No. 4390, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” (MCL 125.3101 to 125.3702) by adding section 204a.

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

Reps. Singh, Schor, Slavens, Knezek, Kosowski, Robinson, Cavanagh, Irwin and Oakes introduced

House Bill No. 4391, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 272 (MCL 206.272), as amended by 2011 PA 38.

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

Rep. Haugh introduced

House Bill No. 4392, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 411 (MCL 339.411), as amended by 2008 PA 309; and to repeal acts and parts of acts.

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

Reps. Pagel, Jacobsen, Price, Outman, VerHeulen, Victory and Cotter introduced

House Bill No. 4393, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 312, 386, 641, and 646a (MCL 168.312, 168.386, 168.641, and 168.646a), sections 312 and 646a as amended by 2006 PA 647, section 386 as added by 2012 PA 586, and section 641 as amended by 2005 PA 71.