No. 14

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Thursday, February 14, 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—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—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. Charles M. Brunner, from the 96th District, offered the following invocation:

“Ever-Loving and Bounteous God…We call upon You to be present to us as we begin our work.

We experience in the expanse of the state of Michigan that we are called to serve: two magnificent peninsulas replete with the splendor of Your beauty. In honoring the treasure of our State…we honor You who created it.

Our challenges are many: though You have blessed us with a more prosperous economy, there are still too many seeking the resources with which to feed, house and clothe those who are dear to them…and too many of our young must leave this bounteous state because there is no place for them to use their talents. There are some who fear that they must work until the day they die and others whose drooping spirits require hope.

Entrust O Blessed God to these Legislators the will and wisdom to bring that hope to the hopeless and compassion to those who feel lost and forgotten. O Blessed God…may these men and women who are called to serve our beloved State be beacons of light and love for the citizens of our State…may their cooperation and collaboration be examples for all the world to emulate.

Allow them…and all of us gratitude for the blessings that You bestow…and appreciation because for those whose days grow brighter.

Keep the good people of our state…and indeed in all our nation and world close to You. We bless You for the gift of this day to serve. Amen.”

______

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

The motion prevailed.

Motions and Resolutions

Reps. Foster, Geiss, Heise, Howrylak, Kowall and O’Brien offered the following resolution:

House Resolution No. 30.

A resolution to urge Congress to enact amendments to the federal Electronic Communications Privacy Act to require law enforcement authorities to have a warrant to access e-mail, no matter the age or location of the e-mail.

Whereas, the Electronic Communications Privacy Act (ECPA) allows law enforcement to access electronic information that is more than 180 days old and stored on a server with only a subpoena. A warrant is not needed if there are “reasonable grounds to believe” that the information would be useful in a law enforcement investigation. Thus, law enforcement are accessing users’ private information—including stored e-mails and backup files—without showing probable cause; and

Whereas, Warrants are required for e-mails and other electronic communications that are less than six months old. ECPA also covers phone calls and letters, which cannot be accessed without a warrant, no matter the amount of time that has elapsed; and

Whereas, More and more citizens rely on electronic mail communication to conduct both private and professional business. Our ability to store communications at locations other than where the communication originated, such as “in the cloud,” has contributed to new challenges in protecting individual’s privacy. ECPA fails to adequately protect Americans from unreasonable searches of their private information stored with cloud and mobile providers; and

Whereas, The 6th U.S. Circuit Court of Appeals has ruled that law enforcement must have a valid warrant to access e-mail stored on a provider’s server, no matter the age of the e-mail. However, rulings in the lower courts have limited jurisdiction. E-mail providers and storage location can be anywhere in the United States and possibly the world; and

Whereas, Google, Inc. has stated that it will not release any e-mails, regardless of age, without a warrant. Google officials note that the U.S. Constitution’s Fourth Amendment protects against unreasonable searches and seizures and that Amendment takes priority over ECPA;

Whereas, The United States Senate had before it an amendment last November that would have required warrants for all e-mail seizures. However, that amendment was stripped from the vehicle bill before passage; and

Whereas, The legislature finds that, in an era where technology dominates communication and increasingly more business-related and sensitive information is being stored via cloud-based email, more than ever, it is important for government to protect the rights of privacy and due process afforded to all of our state’s residents; now, therefore, be it

Resolved by the House of Representatives, That we urge Congress to enact amendments to the federal Electronic Communications Privacy Act to require law enforcement authorities to have a warrant to access e-mail, no matter the age or location of the e-mail; 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 resolution was referred to the Committee on Energy and Technology.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

House Bill No. 4153, entitled

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

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

Roll Call No. 5 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 Nathan Switalski

Denby Johnson Nesbitt Talabi

Dianda Kandrevas O’Brien Tlaib

Dillon Kelly Oakes 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: 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.

______

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

The motion prevailed.

Second Reading of Bills

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.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Justice (for amendment, see House Journal No. 10, p. 121),

The amendment was adopted, a majority of the members serving voting therefor.

Rep. McCann moved to amend the bill as follows:

1. Amend page 9, following line 9, following enacting section 1, by inserting:

“Enacting section 2. This amendatory act does not take effect unless House Bill No. 4199 of the 97th Legislature is enacted into law.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Barnett moved to amend the bill as follows:

1. Amend page 7, following line 14, by inserting:

“(5) SUBSECTION (4)(C)(i) TO (v) DOES NOT APPLY TO INDIVIDUALS WHO WERE REQUIRED TO BE REGISTERED UNDER THIS ACT BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.” and renumbering the remaining subsections.

The question being on the adoption of the amendment offered by Rep. Barnett,

Rep. Barnett demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Barnett,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 6 Yeas—11

Banks Haveman Irwin Robinson

Barnett Hobbs Lipton Talabi

Cavanagh Hovey-Wright Nathan

Nays—97

Abed Genetski Lauwers Roberts

Ananich Glardon LaVoy Rogers

Bolger Goike Leonard Rutledge

Brinks Graves Lori Santana

Brown Greimel Lund Schmidt

Brunner Haines Lyons Schor

Bumstead Haugh MacGregor Segal

Callton Heise MacMaster Shirkey

Clemente Hooker McBroom Singh

Cochran Howrylak McCann Slavens

Cotter Jacobsen McCready Smiley

Crawford Jenkins McMillin Somerville

Daley Johnson Muxlow Stallworth

Darany Kandrevas Nesbitt Stamas

Denby Kelly O’Brien Stanley

Dianda Kesto Oakes Tlaib

Dillon Kivela Outman Townsend

Driskell Knezek Pagel VerHeulen

Durhal Kosowski Pettalia Victory

Faris Kowall Poleski Walsh

Farrington Kurtz Potvin Yanez

Forlini LaFontaine Price Yonker

Foster Lamonte Pscholka Zemke

Franz Lane Rendon Zorn

Geiss

In The Chair: Walsh

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 had been printed and placed upon the files of the members on Thursday, February 14:

House Bill Nos. 4250 4251 4252 4253

Senate Bill Nos. 180 181 182 183 184 185 186 187 188 189 190 191 192 193

194 195 196 197 198 199 200 201 202 203 204

The Clerk announced that the following Senate bills had been received on Thursday, February 14:

Senate Bill Nos. 16 48

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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