No. 31
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
97th Legislature
REGULAR SESSION OF 2013
House Chamber, Lansing, Wednesday, April 10, 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—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—present 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
Pastor Peter Gelatt, Pastor of Liberty Baptist Church in Lake George, offered the following invocation:
“Heavenly Father,
We come to You today with thankful hearts for Your goodness and blessing on our state and country. We know, and acknowledge that our liberty and freedoms came not from the decision of rulers or even the will of the people, but were endowed by You. Your fertile soil of liberty has been tracked and traced from the descendants of Abraham thousand of years ago to this time, this hour. May we not take these freedoms for granted but stand up for them, cherish them and use them to bring honor and praise to You.
Now today, Father God, I ask for the needs of this honorable body. As our elected representatives they have a heavy burden every day. Lord, I pray that they would humbly seek Your face and Word for wisdom. You have said ‘If any man lacks wisdom’ You would abundantly give it. May their hearts be open to Your leading and will. Lord, I also ask that You would give them courage to stand against that which is wrong and evil in Your sight.
Lord, I also ask today for their vision. Heavenly Father, may these honorable men and women know and believe that You established this governing authority. May they be good stewards of this responsibility. Create in them a desire to honor You.
In Psalm 33:12, You tell us, Father, ‘Blessed is the nation whose God is the Lord.’ Heavenly Father, restore our hearts, restore our faith, restore our state and our country.
In the name of Jesus Christ, our Saviour and Lord,
Amen.”
______
Rep. Hobbs moved that Rep. Nathan be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Slavens, Rutledge, Tlaib, Roberts, Greimel, Haugh, Darany, Knezek, Kandrevas, Brown, Cochran, Brinks, Segal, Hobbs, Barnett, Durhal, Geiss, Heise, Hovey-Wright, Howrylak, Irwin, Lamonte, Lori, Poleski, and Talabi offered the following resolution:
House Resolution No. 86.
A resolution to declare April 2013 as Animal Cruelty Prevention Month in the state of Michigan.
Whereas, The citizens of Michigan are concerned with the humane treatment of animals; and
Whereas, The kind and humane treatment of animals has a strong correlation to the kind and humane treatment of people; and
Whereas, Animal cruelty is proven to directly parallel violent and criminal acts on people; and
Whereas, The vigorous enforcement of existing animal cruelty laws will help eliminate cruelty to all animals wild or tame; and
Whereas, The state of Michigan would like to commend the local law enforcement agencies and various animal welfare organizations for taking the necessary steps in investigating, alleviating, and prosecuting animal abuse cases; and
Whereas, The citizens of Michigan are encouraged to learn to recognize animal cruelty and report any suspected abuse to their local enforcement agencies; and
Whereas, Any and all animals should be treated with kindness, consideration, and respect; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 2013 as Animal Cruelty Prevention Month in the state of Michigan .
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Slavens, Tlaib, Roberts, Greimel, Haugh, Darany, Kandrevas, Knezek, Brown, Cochran, Brinks, Segal, Barnett, Crawford, Durhal, Geiss, Heise, Hovey-Wright, Irwin, Lamonte, Lori, Poleski, and Talabi offered the following resolution:
House Resolution No. 87.
A resolution to declare April 15, 2013, as Robotics Day in the state of Michigan.
Whereas, Robotics has matured into an all-encompassing and enabling technology that, as a pillar of 21st-century innovation, is positioned to fuel a broad array of next generation products and applications, transform our society, and become as ubiquitous over the next several decades as desktop and mobile computing technology is today; and
Whereas, The emerging market for service robotics in various sectors, including healthcare, national defense, homeland security, energy, manufacturing, logistics, transportation, agriculture, education, consumer goods, and others, is expected to grow at a compound annual growth rate of nearly 20 percent over the next few years to become a worldwide $27 billion industry; and
Whereas, Robotics is a critical technology capable in the near term of contributing to the economic recovery by creating new jobs, increasing productivity, improving quality, and increasing worker safety, and equally capable over time of addressing the longer term labor and healthcare issues; and
Whereas, Robotics technology holds tremendous potential for reducing the cost of healthcare delivery, stimulating the discovery and development of new procedures and treatments for a wide variety of diseases and disorders, improving the standard and accessibility of care, providing individuals with disabilities, especially injured veterans, with greater independence and dignity, and enhancing overall patient health outcomes; and
Whereas, Robotics technology is proving essential to our national defense and homeland security by enabling the ongoing development and fielding of unmanned air, ground, and maritime systems that today help keep our nation’s war-fighters and protectors out of harm’s way, and in the long run will serve as a highly effective force multiplier; and
Whereas, Robotics is a key transformative technology that can revolutionize manufacturing by enabling small and mid sized companies to cost effectively combine highly skilled workers and highly adaptable, precise, and reliable equipment to create and make high value products in high-stakes industries; and
Whereas, Robotics is rapidly proving to be one of the most effective, compelling, and engaging means for teaching and reinforcing fundamental science, technology, engineering, and mathematics (STEM) concepts as well as inspiring youth to pursue STEM-related careers thereby helping to create a highly skilled, 21st-century American workforce; and
Whereas, America’s ability to maintain its leadership position and be both globally competitive and cooperative in a wide range of rapidly emerging markets is being currently challenged by other regions, including the European Union, Korea, and Japan, who have committed to making multi-billion dollar, long-term investments in further developing and commercializing robotics technology; and
Whereas, There is a strong need to recognize America’s leadership in robotics technology, educate the public on robotics technology’s broad potential, growing importance, and future impact on society, underscore the need for increased investment in robotics technology research and development, and inspire youth to pursue careers in robotics and other STEM-related fields; and
Whereas, The second week in April each year is designated as `National Robotics Week’, recognizing the accomplishments of Isaac Asimov, who immigrated to America, taught science, wrote science books for children and adults, first used the term robotics, developed the Three Laws of Robotics, and died in April 1992; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 15, 2013, as Robotics Day in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Slavens, Rutledge, Tlaib, Roberts, Greimel, Haugh, Darany, Knezek, Kandrevas, Brown, Cochran, Brinks, Segal, Barnett, Durhal, Geiss, Heise, Hovey-Wright, Irwin, Lamonte, Lori, and Talabi offered the following resolution:
House Resolution No. 88.
A resolution to declare April 22-26, 2013, as Public School Volunteer Week in the state of Michigan.
Whereas, Parent and community involvement is a significant factor in the success of schools; and
Whereas, During the past decade, school systems throughout the country have accepted the services of dedicated volunteers to assist professional educators, and these volunteers have offered their time, encouragement, and meaningful contact with students; and
Whereas, By becoming a volunteer, parents and community members are providing an invaluable contribution to the education of our students; and
Whereas, Volunteers are called upon to assist teachers and staff with the day-to-day activities involved in providing a balanced education for our students and are an important part of a team that strives to ensure that each and every one of our students succeeds; and
Whereas, During the school year, countless volunteers are spending innumerable hours serving schools throughout Michigan as chaperones, mentors, after-school tutors, club leaders, booster club members, PTA and PTO members, guest speakers, classroom helpers, athletics coaches, and in countless other ways; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 22-26, 2013, as Public School Volunteer Week in the state of Michigan. We urge all citizens to join in this observance.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Outman, Hobbs, Barnett, Brown, Crawford, Darany, Durhal, Geiss, Haines, Heise, Hooker, Hovey-Wright, Howrylak, Irwin, Kelly, Lamonte, Lori, Roberts, Slavens, and Talabi offered the following resolution:
House Resolution No. 89.
A resolution to declare April 2013 as Autism Awareness Month in the state of Michigan.
Whereas, There are 1.5 million Americans living with the effects of autism spectrum disorder; and
Whereas, Autism is four times more likely to occur in boys than in girls; and
Whereas, Autism is the result of a neurological disorder that affects the normal functioning of the brain, impacting development in the areas of social interaction and communication skills; and
Whereas, Autism knows no racial, ethnic, social boundaries, family income, lifestyle, or educational levels, and can affect any family and any child; and
Whereas, The demands of living with a person with autism are great and families frequently experience significant financial costs for specialized education and support services. The uniqueness of each individual with autism makes the experience of living with autism different for each family; and
Whereas, Autism is a lifelong condition and the necessary support and treatment changes as people on the spectrum move through major life phases. Their quality of life depends not only upon the foundation that is provided in childhood, but on ongoing supports that are specific to the educational, medical, social, recreational, family, and employment needs of the individual; and
Whereas, Early intervention services are the primary therapeutic option for young people with autism and that early intervention significantly improves the outcome for people with autism and can reduce the level of funding and services needed to treat people with autism later in life; and
Whereas, The Michigan Developmental Disabilities Council supports people with developmental disabilities, including those with autism, to achieve their life’s dreams and ensure that all citizens of Michigan have the opportunities and support to achieve their full potential; and
Whereas, New opportunities are being created through collaborative efforts of family members, professionals, and all levels of government to bring about significant changes in the public perception of young people and adults with developmental disabilities, including those with autism, opening new doors to independent and productive lives; and
Whereas, On March 23, 2007, Congress designated April as National Autism Awareness Month, supporting efforts to increase funding for research into the causes and treatment of autism and to improve training and support for individuals with autism and those who care for individuals with autism; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 2013 as Autism Awareness Month in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Tlaib, Darany, Slavens, Nathan, Roberts, Santana, Robinson, Banks, Abed, Zemke, Kosowski, Dillon, Kivela, Dianda, Switalski, Yanez, Hobbs, Knezek, Greimel, Kesto, Haveman, Cavanagh, Durhal, Walsh, Schor, Barnett, Geiss, Singh, Heise, LaVoy, Stanley, Ananich, Brunner, Rutledge, Faris, Lane, Oakes, Brown, Hovey-Wright, Irwin, Lamonte, Lori, Segal, and Talabi offered the following resolution:
House Resolution No. 90.
A resolution to declare April 2013 as Arab-American Heritage Month in the state of Michigan.
Whereas, The legislature recognizes the tremendous contributions that the Arab-American community of Michigan has made throughout the entire state; and
Whereas, Since the early 1900’s, several different populations and groups from Arab countries have migrated to and flourished in this state; and
Whereas, Michigan is home to the highest concentration of Arab-Americans in the United States; and
Whereas, The Arab-American community of southeastern Michigan is known for its diversity, institutional leadership, and cultural outreach, and is widely considered a center of Arab-American culture in the United States; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 2013 as Arab-American Heritage Month in the state of Michigan; and be it further
Resolved, That we recognize the great contribution to science, academics, medicine, education, business, and social justice that the Arab-American community of Michigan has made throughout the entire state.
The question being on the adoption of the resolution,
The resolution was adopted.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Third Reading of Bills
House Bill No. 4167, entitled
A bill to regulate amateur mixed martial arts; to create the mixed martial arts commission and establish its powers and duties; to provide certain powers and duties for certain state agencies and departments; to license and regulate promoters of amateur mixed martial arts contests and events; to assess certain fees and fines; to establish the amateur mixed martial arts fund and provide for the use of the money in the fund; to authorize the promulgation of rules; and to provide penalties and remedies.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Santana moved to amend the bill as follows:
1. Amend page 12, line 17, after “professional” by inserting “and an ambulance”.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 68 Yeas—106
Abed Goike LaVoy Robinson
Ananich Graves Leonard Rogers
Banks Greimel Lipton Rutledge
Barnett Haines Lori Santana
Bolger Haugh Lund Schmidt
Brinks Haveman Lyons Schor
Brown Heise MacGregor Segal
Bumstead Hobbs MacMaster Shirkey
Callton Hooker McBroom Singh
Cavanagh Hovey-Wright McCann Slavens
Clemente Howrylak McCready Smiley
Cochran Irwin McMillin Somerville
Cotter Jacobsen Muxlow Stallworth
Crawford Jenkins Nesbitt Stamas
Daley Johnson O’Brien Stanley
Darany Kandrevas Oakes Switalski
Denby Kelly Olumba Talabi
Dianda Kesto Outman Tlaib
Dillon Kivela Pagel Townsend
Driskell Knezek Pettalia VerHeulen
Durhal Kosowski Poleski Victory
Faris Kowall Potvin Walsh
Farrington Kurtz Price Yanez
Forlini LaFontaine Pscholka Yonker
Foster Lamonte Rendon Zemke
Geiss Lane Roberts Zorn
Glardon Lauwers
Nays—3
Brunner Franz Genetski
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to regulate amateur mixed martial arts; to establish the powers and duties of the Michigan unarmed combat commission under this act; to provide certain powers and duties for certain state agencies and departments; to license and regulate promoters of amateur mixed martial arts contests and events; to assess certain fees and fines; to establish the amateur mixed martial arts fund and provide for the use of the money in the fund; to authorize the promulgation of rules; and to provide penalties and remedies.
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.
Reps. Bumstead, Cavanagh, Clemente, Cochran, Cotter, Darany, Denby, Dianda, Dillon, Driskell, Durhal, Geiss, Greimel, Hobbs, Hooker, Jacobsen, Kandrevas, Kivela, Knezek, Kosowski, Lamonte, LaVoy, Lyons, McCann, Muxlow, Outman, Pagel, Potvin, Pscholka, Rendon, Robinson, Rutledge, Shirkey, Singh, Talabi, VerHeulen, Victory, Walsh, Yanez, Yonker and Zorn were named co‑sponsors of the bill.
House Bill No. 4166, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 69 Yeas—106
Abed Goike LaVoy Robinson
Ananich Graves Leonard Rogers
Banks Greimel Lipton Rutledge
Barnett Haines Lori Santana
Bolger Haugh Lund Schmidt
Brinks Haveman Lyons Schor
Brown Heise MacGregor Segal
Bumstead Hobbs MacMaster Shirkey
Callton Hooker McBroom Singh
Cavanagh Hovey-Wright McCann Slavens
Clemente Howrylak McCready Smiley
Cochran Irwin McMillin Somerville
Cotter Jacobsen Muxlow Stallworth
Crawford Jenkins Nesbitt Stamas
Daley Johnson O’Brien Stanley
Darany Kandrevas Oakes Switalski
Denby Kelly Olumba Talabi
Dianda Kesto Outman Tlaib
Dillon Kivela Pagel Townsend
Driskell Knezek Pettalia VerHeulen
Durhal Kosowski Poleski Victory
Faris Kowall Potvin Walsh
Farrington Kurtz Price Yanez
Forlini LaFontaine Pscholka Yonker
Foster Lamonte Rendon Zemke
Geiss Lane Roberts Zorn
Glardon Lauwers
Nays—3
Brunner Franz Genetski
In The Chair: Walsh
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.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Cotter to the Chair.
House Bill No. 4081, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2012 PA 154.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 70 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 Olumba Townsend
Driskell Kesto Outman VerHeulen
Durhal Kivela Pagel Victory
Faris Knezek Pettalia Walsh
Farrington Kosowski Potvin Yanez
Forlini Kowall Price Yonker
Foster Kurtz Pscholka Zemke
Franz LaFontaine Rendon Zorn
Nays—1
Poleski
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.
Reps. Abed, Banks, Barnett, Brown, Brunner, Cochran, Cotter, Darany, Denby, Dianda, Driskell, Durhal, Faris, Farrington, Franz, Geiss, Glardon, Greimel, Haines, Jenkins, Kivela, Knezek, Kosowski, Kowall, Kurtz, Lane, Lauwers, LaVoy, McCann, McCready, Muxlow, O’Brien, Oakes, Outman, Potvin, Rendon, Rutledge, Schor, Slavens, Smiley, Talabi, Townsend, VerHeulen, Victory, Yanez and Zemke were named co‑sponsors of the bill.
______
Rep. Poleski, 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:
I have consistently objected to income tax checkoffs. In my opinion, an income tax return is an inappropriate method of collecting a charitable contribution.
My objection to checkoffs does not reflect my view of the fine charities, which are excellent without exception.
Thank you, Mr. Speaker, for this opportunity to explain my No vote on these bills.”
House Bill No. 4082, entitled
A bill to establish the Michigan Alzheimer’s association fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 71 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 Olumba Townsend
Driskell Kesto Outman VerHeulen
Durhal Kivela Pagel Victory
Faris Knezek Pettalia Walsh
Farrington Kosowski Potvin Yanez
Forlini Kowall Price Yonker
Foster Kurtz Pscholka Zemke
Franz LaFontaine Rendon Zorn
Nays—1
Poleski
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.
______
Rep. Poleski, 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:
I have consistently objected to income tax checkoffs. In my opinion, an income tax return is an inappropriate method of collecting a charitable contribution.
My objection to checkoffs does not reflect my view of the fine charities, which are excellent without exception.
Thank you, Mr. Speaker, for this opportunity to explain my No vote on these bills.”
House Bill No. 4084, entitled
A bill to establish the ALS of Michigan (“Lou Gehrig’s disease”) fund in the department of treasury; to provide for the distribution of the money from the funds; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 72 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 Olumba Townsend
Driskell Kesto Outman VerHeulen
Durhal Kivela Pagel Victory
Faris Knezek Pettalia Walsh
Farrington Kosowski Potvin Yanez
Forlini Kowall Price Yonker
Foster Kurtz Pscholka Zemke
Franz LaFontaine Rendon Zorn
Nays—1
Poleski
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.
Reps. Banks, Brinks, Brown, Brunner, Bumstead, Callton, Cotter, Crawford, Daley, Darany, Denby, Dianda, Driskell, Durhal, Faris, Foster, Franz, Geiss, Genetski, Glardon, Graves, Greimel, Haugh, Haveman, Hobbs, Hovey-Wright, Howrylak, Jacobsen, Jenkins, Kelly, Kesto, Kivela, Knezek, Kosowski, Kowall, Kurtz, Lane, Lauwers, LaVoy, Lori, Lyons, MacGregor, McCann, Muxlow, O’Brien, Outman, Pettalia, Potvin, Pscholka, Rendon, Rogers, Schor, Slavens, Smiley, Stamas, Stanley, Switalski, Talabi, VerHeulen, Walsh and Yanez were named co‑sponsors of the bill.
______
Rep. Poleski, 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:
I have consistently objected to income tax checkoffs. In my opinion, an income tax return is an inappropriate method of collecting a charitable contribution.
My objection to checkoffs does not reflect my view of the fine charities, which are excellent without exception.
Thank you, Mr. Speaker, for this opportunity to explain my No vote on these bills.”
House Bill No. 4085, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2012 PA 154.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 73 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 Olumba Townsend
Driskell Kesto Outman VerHeulen
Durhal Kivela Pagel Victory
Faris Knezek Pettalia Walsh
Farrington Kosowski Potvin Yanez
Forlini Kowall Price Yonker
Foster Kurtz Pscholka Zemke
Franz LaFontaine Rendon Zorn
Nays—1
Poleski
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.
______
Rep. Poleski, 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:
I have consistently objected to income tax checkoffs. In my opinion, an income tax return is an inappropriate method of collecting a charitable contribution.
My objection to checkoffs does not reflect my view of the fine charities, which are excellent without exception.
Thank you, Mr. Speaker, for this opportunity to explain my No vote on these bills.”
House Bill No. 4026, entitled
A bill to amend 1846 RS 12, entitled “Of certain state officers,” (MCL 14.28 to 14.35) by adding section 32a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 74 Yeas—109
Abed Genetski Lane Roberts
Ananich Glardon Lauwers Robinson
Banks Goike LaVoy Rogers
Barnett Graves Leonard Rutledge
Bolger Greimel Lipton Santana
Brinks Haines Lori Schmidt
Brown Haugh Lund Schor
Brunner Haveman Lyons Segal
Bumstead Heise MacGregor Shirkey
Callton Hobbs MacMaster Singh
Cavanagh Hooker McBroom Slavens
Clemente Hovey-Wright McCann Smiley
Cochran Howrylak McCready Somerville
Cotter Irwin McMillin Stallworth
Crawford Jacobsen Muxlow Stamas
Daley Jenkins Nesbitt Stanley
Darany Johnson O’Brien Switalski
Denby Kandrevas Oakes Talabi
Dianda Kelly Olumba Tlaib
Dillon Kesto Outman Townsend
Driskell Kivela Pagel VerHeulen
Durhal Knezek Pettalia Victory
Faris Kosowski Poleski Walsh
Farrington Kowall Potvin Yanez
Forlini Kurtz Price Yonker
Foster LaFontaine Pscholka Zemke
Franz Lamonte Rendon Zorn
Geiss
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.
Second Reading of Bills
House Bill No. 4139, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by repealing chapter XII (MCL 772.1 to 772.15).
The bill was read a second time.
Rep. McMillin moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 123, entitled
A bill to amend 1999 PA 203, entitled “The convention facility authority act,” by amending sections 3, 5, and 8 (MCL 141.1403, 141.1405, and 141.1408).
The bill was read a second time.
Rep. Foster moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
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
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 Wednesday, April 10:
House Bill Nos. 4494 4495 4496 4497 4498 4499 4500 4501 4502 4503 4504 4505 4506 4507
4508 4509 4510 4511 4512 4513 4514 4515 4516 4517 4518 4519 4520 4521
4522 4523
House Joint Resolutions Q R
Senate Bill Nos. 287 288 289
Reports of Standing Committees
The Committee on Oversight, by Rep. McMillin, Chair, reported
House Bill No. 4138, entitled
A bill to prohibit any agency of this state, any political subdivision of this state, any employee of any agency of this state or any political subdivision of this state, or any member of the Michigan national guard from assisting an agency of the armed forces of the United States in the investigation, prosecution, or detainment of any citizen of the United States under certain circumstances.
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. McMillin, Kelly, O’Brien, Leonard, Townsend and Robinson
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. McMillin, Chair, of the Committee on Oversight, was received and read:
Meeting held on: Tuesday, April 9, 2013
Present: Reps. McMillin, Kelly, O’Brien, Leonard, Townsend and Robinson
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
House Bill No. 4135, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2012 PA 524.
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. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, Haugh and Townsend
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Farrington, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, April 10, 2013
Present: Reps. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, Haugh, LaVoy and Townsend
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Daley, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, April 10, 2013
Present: Reps. Daley, Denby, Kurtz, Glardon, Johnson, McBroom, Outman, Rendon, Victory, Lauwers, Pagel, Brunner, Smiley, Hovey-Wright and Geiss
Absent: Reps. Ananich and LaVoy
Excused: Reps. Ananich and LaVoy
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Foster, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Wednesday, April 10, 2013
Present: Reps. Foster, Zorn, Haines, Schmidt, Farrington, Glardon, Johnson, Somerville, Outman, Kelly, Leonard, Switalski, Barnett, Townsend, Santana, Oakes, Driskell and Yanez
Absent: Rep. Nesbitt
Excused: Rep. Nesbitt
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lyons, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, April 10, 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. Callton, Chair, of the Committee on Financial Services, was received and read:
Meeting held on: Wednesday, April 10, 2013
Present: Reps. Callton, Somerville, Farrington, Pettalia, Kelly, Johnson, Stanley, Lamonte and Oakes
Absent: Reps. Lyons, Nathan and Lane
Excused: Reps. Lyons, Nathan and Lane
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Shirkey, Chair, of the Committee on Michigan Competitiveness, was received and read:
Meeting held on: Wednesday, April 10, 2013
Present: Reps. Shirkey, Yonker, Haines, Cotter, Foster, Franz, Goike, Lauwers, Leonard, Pagel, Clemente, Townsend, Schor, Santana and Segal
Messages from the Senate
House Bill No. 4123, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2977.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Notices
April 9, 2013
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48913
Dear Mr. Clerk:
Pursuant to MCL 397.14, I am appointing Majority Floor Leader Jim Stamas to the Library of Michigan Board of Trustees for the term ending December 31, 2014.
Respectfully,
Jase Bolger, Speaker
Michigan House of Representatives
Explanation of “No” Votes
Rep. Geiss, having reserved the right to explain his protest against the passage of House Bill No. 4369, made the following statement:
“Mr. Speaker and members of the House:
Let the record show that I was on the Conference Committee when the House passed the Race to the Top legislation in 2009. I was honored to work on the necessary solutions to failing schools, providing a pathway to identify the worst performing schools and provide four key turn-around models to address failing academic scores.
Unfortunately, the plan put in place in 2009, namely PA 204 of 2009, which I voted for, is now being modified without fully understanding what is working and what is not.
Unfortunately in Lansing, the practice of legislative schizophrenia is practiced. No plan is allowed to work its way towards implementation and analysis. Instead, legislation is constantly modified, changed, and manipulated in such a way that true data analysis cannot be conducted. If we do not move in a methodic manner, how are we going to understand what is the relationship between high achieving students and the inputs which lead to their success? For this reason, I voted against HB 4369 today.”
Introduction of Bills
Rep. Haines introduced
House Bill No. 4524, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16221 (MCL 333.16221), as amended by 2012 PA 501, and by adding section 16221a.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Graves introduced
House Bill No. 4525, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16c and 17d of chapter XVII (MCL 777.16c and 777.17d), section 16c as amended by 2012 PA 534 and section 17d as amended by 2012 PA 456.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. Barnett and Schmidt introduced
House Bill No. 4526, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” (MCL 450.1101 to 450.2098) by adding chapter 9A.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Schmidt and Barnett introduced
House Bill No. 4527, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending sections 105, 106, 202, 211, and 911 (MCL 450.1105, 450.1106, 450.1202, 450.1211, and 450.1911), section 105 as amended by 2001 PA 57, section 106 as amended by 2006 PA 68, section 202 as amended by 1989 PA 121, section 211 as amended by 2008 PA 402, and section 911 as amended by 2007 PA 182.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Kesto, Tlaib, Crawford, McCready, Cavanagh, Zemke, Hovey-Wright, Lauwers and McBroom introduced
House Bill No. 4528, entitled
A bill to amend 2004 PA 161, entitled “Michigan immigration clerical assistant act,” by amending the title and sections 3, 13, 17, and 21 (MCL 338.3453, 338.3463, 338.3467, and 338.3471); 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. McMillin, Lipton, Heise, Lyons, Haveman, Yonker, Muxlow, Walsh, Callton, Cavanagh, Roberts, Townsend, Darany, Irwin, Singh, Howrylak, Somerville, Dillon, Hovey-Wright, Brown, Ananich, Hobbs, Durhal, Switalski and Oakes introduced
House Bill No. 4529, entitled
A bill to create the Michigan indigent defense commission and to provide for its powers and duties; to provide indigent defendants in criminal cases with effective assistance of counsel; to provide standards for the appointment of legal counsel; and to provide for certain appropriations and grants.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. McMillin, Lipton, Heise, Lyons, Haveman, Yonker, Muxlow, Walsh, Callton, Cavanagh, Roberts, Townsend, Darany, Irwin, Singh, Howrylak, Somerville, Dillon, Hovey-Wright, Brown, Ananich, Hobbs, Durhal, Switalski and Oakes introduced
House Bill No. 4530, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter XV (MCL 775.16), as amended by 1980 PA 506.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. Cotter, Lauwers, MacMaster, Potvin, Shirkey, McMillin, Zorn, Bumstead, Daley, Lyons, MacGregor, Howrylak, Price and Oakes introduced
House Bill No. 4531, entitled
A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 9 (MCL 432.9), as amended by 1996 PA 167.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Price introduced
House Bill No. 4532, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 832, 859, and 1427 (MCL 600.832, 600.859, and 600.1427), section 859 as amended by 2005 PA 326.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Price, Jenkins, Kowall, Haines and Victory introduced
House Bill No. 4533, entitled
A bill to amend 2010 PA 347, entitled “Girl scouts of Michigan fund act,” by amending sections 3 and 4 (MCL 206.923 and 206.924).
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Muxlow and Santana introduced
House Bill No. 4534, entitled
A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Santana and Muxlow introduced
House Bill No. 4535, entitled
A bill to require individuals convicted of animal abuse offenses to register; to provide for the powers and duties of certain state and local governmental officers and entities; to impose fees; to prescribe penalties and provide remedies; and to require the promulgation of rules.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Announcements by the Clerk
The Clerk received the following dissent on House Bill No. 4167, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Once again, on HB 4167, immediate effect was ordered without a bona fide vote. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4166, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Once again, on HB 4166, immediate effect was ordered without a bona fide vote. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4081, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Once again, on HB 4081, immediate effect was ordered without a bona fide vote. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4082, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Once again, on HB 4082, immediate effect was ordered without a bona fide vote. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4084, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Once again, on HB 4084, immediate effect was ordered without a bona fide vote. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4085, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Once again, on HB 4085, immediate effect was ordered without a bona fide vote. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4026, from Rep. Irwin:
I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Once again, on HB 4026, immediate effect was ordered without a bona fide vote. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
______
Rep. Poleski moved that the House adjourn.
The motion prevailed, the time being 3:10 p.m.
Associate Speaker Pro Tempore Cotter declared the House adjourned until Thursday, April 11, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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