No. 6

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Tuesday, January 29, 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—present Greimel—present Lori—present Santana—present

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

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

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

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

Callton—present Hobbs—present McBroom—present Singh—present

Cavanagh—present Hooker—present McCann—present Slavens—present

Clemente—present Hovey-Wright—present McCready—present Smiley—present

Cochran—present Howrylak—present McMillin—present Somerville—present

Cotter—present Irwin—present Muxlow—present Stallworth—present

Crawford—present Jacobsen—present Nathan—present Stamas—present

Daley—present Jenkins—present Nesbitt—present Stanley—present

Darany—present Johnson—present O’Brien—present Switalski—present

Denby—present Kandrevas—present Oakes—present Talabi—present

Dianda—present Kelly—present Olumba—excused Tlaib—present

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

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

Durhal—excused Knezek—present Pettalia—present Victory—present

Faris—present Kosowski—present Poleski—present Walsh—present

Farrington—present Kowall—present Potvin—present Yanez—present

Forlini—present Kurtz—present Price—present Yonker—present

Foster—present LaFontaine—present Pscholka—present Zemke—present

Franz—present Lamonte—present Rendon—present Zorn—present

Geiss—present Lane—present

e/d/s = entered during session

Rev. Steve Vander West, Pastor of Grant Community Church in Grant, offered the following invocation:

“Dear Heavenly Father, the Bible says Your mercies are new every morning. It tells us Your anger lasts a moment, and Your favor lasts a lifetime. Lord, help us to be found in Your favor. Today as we start a new session of congress we ask that Your presence resides in and over this chamber. That when topics are brought here this coming year that we respect each other, remembering we are all created in Your image. And Lord often topics seem urgent, we are at a time in not only our state but also our nation, when we struggle with economic issues, when we struggle with issues regarding safety in our schools and other public venues, places that have come under attack by evil that we never thought we would experience in our lifetime, help us and give us wisdom as we struggle through these difficult, urgent issues. But heavenly Father let us not allow those urgent issues to take place or precedence over the important issues. Many times when we live busy lives and we are in positions of leadership that can happen. And the urgent replaces the important. Help us, remind us of the important, that we have other important roles outside of these walls that we each must fulfill, assigned by You; whether that is the role of a husband or wife, parent or child, remind us Lord that those roles carry with them eternal significance.

In our age when many people look to governing agencies to provide for them—to solve the problems of our state our or country remind us that it is the family that makes a state great or a nation strong. I pray for these men and women of the House today Lord, that they might be a representative of not just a district or a locality but that they might represent what a father or mother or husband or wife might look like; one that would be pleasing to You. Empower them to have strong families, place Your hedge of protection around them so that they might lead effectively with a servant’s heart not just here but in their families as well.

Lord You have given us so much and we are so thankful, help us to respond to Your blessings by being good stewards of our talents and our time and our treasures.

Blessings and honor, power and strength all come from You.

We pray these things in the name of Your son Jesus. Amen.”

______

The Speaker assumed the Chair.

______

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

The motion prevailed.

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

The motion prevailed.

Motions and Resolutions

Reps. Schor, Hovey-Wright, Knezek, Slavens, Segal, Faris, Rutledge, Abed, Brown, Zemke, Driskell, Kivela, Robinson, Cavanagh, Barnett, Darany and Tlaib offered the following resolution:

House Resolution No. 17.

A resolution to urge the Governor to accept increased Medicaid funding available under the Affordable Care Act.

Whereas, The federal Affordable Care Act contains provisions that allow states to expand their Medicaid program to cover additional individuals. The Supreme Court ruling on June 28, 2012, upheld most of the provisions of the law, except the fiscal penalty for states that do not expand Medicaid to populations under 133% of the Federal Poverty Level (FPL); and

Whereas, In Michigan, over 600,000 uninsured adults would be eligible for Medicaid if the state opts to participate in the expansion offered under the Affordable Care Act. According to projections in a House Fiscal Agency memorandum, the state would save about $200 million in the first year. New federal revenue to the state would range from $1.9 billion to $2.2 billion per year over a ten-year period, for a total of over $20.5 billion; and

Whereas, Medicaid expansion also has the potential to offer much needed fiscal relief to hospitals who bear the financial burden of uncompensated care for the uninsured. It is estimated that coverage for approximately one-third of Michigan’s uninsured would be provided by Medicaid expansion with a projected reduction of $300 million in uncompensated care costs. This funding could provide much needed fiscal stabilization for Michigan hospitals; and

Whereas, Michigan has an opportunity to provide health security that can improve the lives of thousands of Michigan residents in a cost effective way. This substantial federal investment can reap additional benefits by providing a sorely needed stimulus to Michigan’s economy; now, therefore, be it

Resolved by the House of Representatives, That we urge the Governor to accept increased Medicaid funding available to states under the Affordable Care Act; 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 Financial Liability Reform.

______

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 Friday, January 25:

House Bill Nos. 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106

Senate Bill Nos. 68 69 70 71 72 73 74 75 76 77 78 79 80 81

Senate Joint Resolutions F G H I

The Clerk announced that the following Senate bill had been received on Tuesday, January 29:

Senate Bill No. 44

Reports of Standing Committees

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, January 29, 2013

Present: Reps. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Zorn, Graves, Lauwers, Stallworth, Nathan, Lane, Brunner, Yanez and Lamonte

Absent: Reps. Schmidt, Hobbs and LaVoy

Excused: Reps. Schmidt, Hobbs and LaVoy

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, January 29, 2013

Present: Reps. Haines, Callton, Crawford, Genetski, Shirkey, Foster, Hooker, Yonker, Zorn, Graves, Kesto, Darany, Knezek, Ananich, Segal and Brinks

Absent: Rep. Stallworth

Excused: Rep. Stallworth

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, January 29, 2013

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

Absent: Rep. Schmidt

Excused: Rep. Schmidt

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, January 29, 2013

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

Absent: Rep. Haugh

Excused: Rep. Haugh

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, January 29, 2013

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

Absent: Reps. Yonker, Haugh and Stanley

Excused: Reps. Yonker, Haugh and Stanley

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, January 29, 2013

Present: Reps. Lund, Jacobsen, Shirkey and Greimel

Absent: Rep. Hobbs

Excused: Rep. Hobbs

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, January 29, 2013

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

Messages from the Senate

Senate Bill No. 44, entitled

A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 8 (MCL 28.728), as amended by 2011 PA 18.

The Senate has passed the bill.

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

Notices

January 29, 2013

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

I hereby make the following changes to the House Standing Committees for the 2013-2014 Legislative Session:

Agriculture

Remove Rep. LaFontaine

Add Rep. Kurtz

Judiciary

Remove Rep. Price

Remove Rep. Kosowski

Add Rep. LaFontaine

Add Rep. Cavanagh as MVC

Military and Veterans Affairs

Remove Rep. Cavanagh

Add Rep. Kosowski

Tax Policy

Remove Rep. Lund

Add Rep. Price

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Messages from the Governor

The following message from the Governor was received and read:

January 22, 2013

Mr. Gary Randall

Clerk of the House

House of Representatives

Capitol Building

Lansing, Michigan 48909

Dear Mr. Randall:

In accordance with Section 14 of Article V of the Michigan Constitution of 1963, I write to advise the House of Representatives that the following commutations were granted during 2012:

Tracy Lynn Snay — The commutation was granted on March 16, 2012, for medical reasons and was based on the affirmative recommendation of the Michigan Parole Board.

Peter Bahri — The commutation was granted on May 11, 2012, for medical reasons and was based on the affirmative recommendation of the Michigan Parole Board.

Sincerely,

Richard D. Snyder

Governor

The message was referred to the Clerk.

The following message from the Governor was received January 25, 2013 and read:

EXECUTIVE ORDER

No. 2013 - 3

STATE OF ENERGY EMERGENCY

WAIVER OF REGULATIONS RELATING TO MOTOR CARRIERS AND DRIVERS TRANSPORTING PROPANE

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, Section 3 of 1982 PA 191, MCL 10.83, authorizes the Governor to declare a State of Energy Emergency upon notification of an impending energy emergency by the Energy Advisory Committee, or upon the Governor’s own initiative, if the Governor finds that an energy emergency exists or is imminent; and

WHEREAS, pipeline repairs at the propane terminal in Rapid River, Michigan, supply shortages in Wisconsin, and increased demand for propane due to excessively cold weather in Wisconsin and the Upper Peninsula of Michigan, have resulted in longer driving distances, wait times, and working hours for propane transporters, causing drivers to reach maximum weekly driving and on-duty limits more quickly than normal; and

WHEREAS, this situation has affected the availability of propane supplies in some areas of the Upper Peninsula, creating temporary shortages and shipment delays that may potentially impact the health, safety, and economic well-being of the citizens of Michigan who depend on this product, and the ability of transporters to supply the product in accordance with federal motor carrier regulations and requirements; and

WHEREAS, the longer driving distances, wait times, and working hours are making it difficult for propane transporters to meet demand and comply with federal and state hours-of-service regulations and requirements contained within 49 CFR Part 395, and adopted in Public Act 181 of 1963, MCL 480.11a; and

WHEREAS, it is in the best interests of the state of Michigan to provide for the safe transportation of propane within this state, and that appropriate measures be taken in response to an imminent energy emergency to assure that propane supplies will remain sufficient to protect the health, safety, and welfare of Michigan residents and visitors; and

WHEREAS, under Section 4 of 1982 PA 191, MCL 10.84, during a declared State of Energy Emergency, the Governor may, by executive order, suspend a statute, order, rule of a state agency, or specific provision of a statute, rule, or order if strict compliance with the statute, order, rule, or a specific provision of the statute, rule, or order will prevent, hinder, or delay necessary action in coping with the energy emergency; and

WHEREAS, Federal Motor Carrier Safety Administration regulations found at 49 CFR 390.23, and Michigan Public Act 181 of 1963, MCL 480.11a, provide the Governor with the authority to exempt motor carriers and drivers transporting propane within Michigan from the hours-of-service regulations and requirements specified in 49 CFR Part 395 and MCL 480.11a, to address transportation needs arising from the impact of this energy emergency;

NOW, THEREFORE, I, RICHARD D. SNYDER, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and 1982 PA 191, MCL 10.81 to 10.87, order the following:

1. A State of Energy Emergency is declared in the state of Michigan.

2. Motor carriers and drivers transporting propane within Michigan to address propane supply needs arising from the terminal shutdowns in Rapid River, Wisconsin, and Rapid River, Michigan, are exempt from compliance with MCL 480.11a and any other applicable state statute, order, or rule substantially similar to MCL 480.11a, and 49 CFR Part 395. Any such provision of a state statute, order, or rule is suspended. This exemption and suspension applies to all highways in Michigan, including the national system of interstate and defense highways.

3. This order applies only to propane. No other petroleum products are covered by the exemption and suspension under this Order.

4. Nothing in this Order shall be construed as an exemption from applicable controlled substances and alcohol use and testing requirements (49 CFR Part 382 and any similar state statute, order, or rule), the commercial driver’s license requirements (49 CFR Part 383 and any similar state statute, order, or rule), the financial responsibility requirements (49 CFR Part 387 and any similar state statute, order, or rule), applicable size and weight requirements, or any portion of federal and state regulations not specifically identified.

5. Motor carriers or drivers currently subject to an out-of-service order are not eligible for the exemption and suspension until the out-of-service order expires or the conditions for rescission have been satisfied.

6. The Federal Motor Carrier Safety Administration and Michigan Department of State Police require that drivers for motor carriers operating under the Declaration of Energy Emergency must have a copy of the Declaration of Energy Emergency in their possession.

7. The Commercial Vehicle Enforcement Division of the Michigan Department of State Police shall coordinate state compliance with this Order.

This Order is effective upon filing and remains in effect until it is rescinded or 11:59:59 p.m. EDT, Sunday, February 3, 2013, whichever first occurs.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this Twenty-Fifth day of January in the Year of Our Lord, Two Thousand and Thirteen.

RICHARD D. SNYDER

GOVERNOR

BY THE GOVERNOR:

RUTH A. JOHNSON

SECRETARY OF STATE

The message was referred to the Clerk.

Introduction of Bills

Reps. LaFontaine, Johnson, Price, Walsh, Leonard, Lund, Lauwers, Heise, Pagel, Rendon, Graves, O’Brien, Goike, Farrington and Forlini introduced

House Bill No. 4107, entitled

A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 23c (MCL 38.1023c), as amended by 1998 PA 501.

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

Reps. Johnson, LaFontaine, Price, Walsh, Leonard, Lund, Lauwers, Heise, Pagel, Rendon, Graves, O’Brien, Goike, Farrington and Forlini introduced

House Bill No. 4108, entitled

A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending sections 50b and 79 (MCL 38.1050b and 38.1079), section 50b as amended by 1998 PA 501 and section 79 as amended by 2011 PA 200.

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

Reps. LaFontaine, Johnson, Price, Walsh, Leonard, Lund, Heise, Lauwers, Pagel, Rendon, Graves, O’Brien, Goike, Farrington and Forlini introduced

House Bill No. 4109, entitled

A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 22c (MCL 38.1022c), as amended by 2002 PA 97.

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

Reps. Glardon, Franz, Pettalia, MacGregor, Callton, Goike, Hovey-Wright, Santana, Lyons, Rutledge, Brunner and Kivela introduced

House Bill No. 4110, 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. Haveman introduced

House Bill No. 4111, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.