No. 27

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Wednesday, March 14, 2012.

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.

Agema—present Gilbert—present LeBlanc—present Price—present

Ananich—present Glardon—present Lindberg—present Pscholka—present

Barnett—present Goike—present Lipton—present Rendon—present

Bauer—present Graves—present Liss—present Rogers—present

Bledsoe—present Greimel—present Lori—present Rutledge—present

Bolger—present Haines—present Lund—present Santana—present

Brown—present Hammel—present Lyons—present Schmidt, R.—present

Brunner—present Haugh—present MacGregor—present Schmidt, W.—present

Bumstead—present Haveman—present MacMaster—present Segal—present

Byrum—present Heise—present McBroom—present Shaughnessy—present

Callton—present Hobbs—present McCann—present Shirkey—present

Cavanagh—present Hooker—present McMillin—present Slavens—present

Clemente—present Horn—present Meadows—present Smiley—present

Constan—present Hovey-Wright—present Moss—present Somerville—present

Cotter—present Howze—present Muxlow—present Stallworth—present

Crawford—present Hughes—present Nathan—present Stamas—present

Daley—present Huuki—present Nesbitt—present Stanley—present

Damrow—present Irwin—present O’Brien—present Stapleton—present

Darany—present Jackson—present Oakes—present Switalski—present

Denby—present Jacobsen—present Olson—present Talabi—present

Dillon—present Jenkins—present Olumba—present Tlaib—present

Durhal—present Johnson—present Opsommer—present Townsend—present

Farrington—present Kandrevas—present Ouimet—present Tyler—present

Forlini—present Knollenberg—present Outman—present Walsh—present

Foster—present Kowall—present Pettalia—present Womack—present

Franz—present Kurtz—present Poleski—present Yonker—present

Geiss—present LaFontaine—present Potvin—present Zorn—present

Genetski—present Lane—present

e/d/s = entered during session

Rep. Greg MacMaster, from the 105th District, offered the following invocation:

“We bow our heads and give thanks for the many blessings that have been bestowed upon us. As we face challenges we will always strive to do our best to continue to represent the people that put their faith and trust in us. As we look forward over the next year, we ask You Lord to help us and guide us with Your wisdom in that the decisions we make will be correct for the state of Michigan. In the name of Jesus Christ, Amen.”

Motions and Resolutions

Reps. Lipton, Barnett, Bauer, Brown, Brunner, Byrum, Constan, Crawford, Darany, Denby, Durhal, Geiss, Goike, Heise, Horn, Howze, Kandrevas, Knollenberg, Kurtz, LeBlanc, Liss, Lori, McCann, Potvin, Rutledge, Segal, Slavens, Stallworth, Stapleton, Talabi and Tyler offered the following resolution:

House Resolution No. 210.

A resolution to declare March 12-16, 2012, as Multiple Sclerosis Awareness Week in the state of Michigan.

Whereas, Multiple sclerosis can impact men and women of all ages, races, and ethnicities; and

Whereas, More than 400,000 Americans live with multiple sclerosis; and

Whereas, Every hour of every day, someone in the United States is newly diagnosed with multiple sclerosis; and

Whereas, Approximately 18,000 Michigan residents have been diagnosed with multiple sclerosis; and

Whereas, The exact cause of multiple sclerosis is still unknown; and

Whereas, The symptoms of multiple sclerosis are unpredictable and vary from person to person; and

Whereas, There is no diagnostic laboratory test available for multiple sclerosis; and

Whereas, Multiple sclerosis is not genetic, contagious, or directly inherited, but studies show there are genetic factors that indicate certain individuals are susceptible to the disease; and

Whereas, Multiple sclerosis symptoms occur when an immune system attack affects the myelin in nerve fibers of the central nervous system, damaging or destroying it and replacing it with scar tissue, thereby interfering with or preventing the transmission of nerve signals; and

Whereas, There is no known cure for multiple sclerosis; and

Whereas, The goals of Multiple Sclerosis Awareness Week are to invite people to join the movement to end multiple sclerosis, encourage everyone to do something to demonstrate their commitment to moving toward a world free of multiple sclerosis, and to acknowledge those who have dedicated their time and talent to help promote multiple sclerosis research and programs; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 12-16, 2012, as Multiple Sclerosis Awareness Week in the state of Michigan; and be it further

Resolved, That the members of this legislative body support the goals and ideals of Multiple Sclerosis Awareness Week; and be it further

Resolved, That this legislative body encourages media organizations to participate in Multiple Sclerosis Awareness Week and help educate the public about multiple sclerosis; and be it further

Resolved, That this legislative body recognizes and reaffirms the commitment of the National Multiple Sclerosis Society to combat multiple sclerosis by promoting awareness about its causes and risks and by promoting new education programs, supporting research, and expanding access to medical treatment; and be it further

Resolved, That this legislative body recognizes all people in Michigan living with multiple sclerosis, expresses gratitude to their family members and friends who are a source of love and encouragement to them, and salutes the health care professionals and medical researchers who provide assistance to those so afflicted and continue to work to find cures and improve treatments; and be it further

Resolved, That copies of this resolution be transmitted to the National Multiple Sclerosis Society, Michigan Chapter.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Forlini, Lund, Farrington, Goike, LaFontaine, Lane, Liss, Switalski, Haugh, Zorn, Barnett, Constan, Crawford, Denby, Geiss, Heise, Hooker, Horn, Huuki, LeBlanc, Lori, MacMaster, Potvin, Rutledge, Segal and Tyler offered the following resolution:

House Resolution No. 211.

A resolution to urge the Congress of the United States to reject the recommendations of the United States Department of Defense to remove the A-10 Thunderbolt II force from the 127th Wing of the Air National Guard at Selfridge Air National Guard Base.

Whereas, The federal mission of the Air National Guard is to maintain well-trained, well-equipped units available for prompt mobilization during war and to provide assistance during national emergencies; and

Whereas, The Michigan Air National Guard exemplifies this federal mission and provides well-trained citizen-airmen to the United States Air Force; and

Whereas, Utilizing the highly trained and experienced citizen-airmen of the Michigan Air National Guard is significantly more economical for the United States Department of Defense than utilizing active military units; and

Whereas, The Michigan Air National Guard provides protection of life and property, and preserves peace, order, and public safety in the state of Michigan by providing emergency relief support during natural disasters; conducting search and rescue operations; providing support to civil defense authorities; and maintaining vital public services and counterdrug operations in the state; and

Whereas, The Michigan Air National Guard, being the air force militia of the state, has a long and proud history with the state of Michigan; and

Whereas, The Selfridge Air National Guard Base dates back to 1917, and it currently hosts 20 units from all branches of the United States military, as well as the United States Coast Guard and the United States Customs and Border Patrol; and

Whereas, The 127th Wing flies KC-135 Stratotankers, which provide aerial refueling capabilities around the globe in support of Air Mobility Command, and A-10 Thunderbolt II, which provide support to Air Combat Command. Additionally, the 127th Wing supports the Air Force Special Operations Command with its 107th Weather Flight; and

Whereas, The A-10 Thunderbolt II mission was transferred to Selfridge Air National Guard Base from the Battle Creek Air National Guard Base following the 2005 Base Realignment and Closure Commission recommendations; and

Whereas, The Department of Defense has proposed the removal of all 24 of the A-10 Thunderbolt II aircraft from the 127th Wing and replacing them with four additional KC-135 Stratotankers; and

Whereas, Approximately 650 personnel are attached to the A-10 Thunderbolt II mission; and

Whereas, It is unknown how many support personnel will be necessary to service the additional KC-35 Stratotankers; and

Whereas, Removing the A-10 Thunderbolt II mission could affect more than 600 families in and around Macomb County; and

Whereas, The removal of the A-10 Thunderbolt II mission could make the Selfridge Air National Guard Base vulnerable to closure in the Base Realignment and Closure Commission recommendations in 2013 and 2015; and

Whereas, The Selfridge Air National Guard Base is one of the busiest, most diverse military installations in the United States, encompassing approximately 680 buildings, runways measuring 9,000 and 4,870 feet, over a million square yards of taxiway and paved aircraft parking ramps, 39 miles of paved roads, and seven miles of railroad track; and

Whereas, Recent military construction improvements to Selfridge include $5.2 million to replace the Control Tower/Radar Approach Control Center and $9.8 million for an infrastructure upgrade; and

Whereas, The Selfridge Air National Guard Base is essential to the local economy, as nearly 3,000 full-time civilian and military personnel work at the base, in addition to approximately 3,000 members of the Air and Army National Guard and the reserve components of the United States military who are stationed at the base; and

Whereas, Portions of the Selfridge Air National Guard Base have previously been targeted for closure in 1995 and 2005; and

Whereas, The defense industry is vital to the economy of Macomb County; and

Whereas, The loss of the Selfridge Air National Guard Base would have a significant impact on the local community, with the loss of employment positions, local revenue, and a significant source of community pride; and

Whereas, The military presence in Michigan has already been significantly reduced by the United States Department of Defense, with the 1993 decision to close the K.I. Sawyer Air Force Base in Marquette County and the 1991 decision to close the Wurtsmith Air Force Base in Iosco County; and

Whereas, Losses to the 127th Wing of the Air National Guard at Selfridge Air National Guard Base would have immeasurable consequences for the state of Michigan. The negative consequences include not only the economic ramifications, but also the damage to community pride and disaster readiness; now, therefore, be it

Resolved by the House of Representatives, That we urge the Congress of the United States to reject the United States Department of Defense recommendations to remove the A-10 Thunderbolt II aircraft from the 127th Wing of the Air National Guard at Selfridge Air National Guard Base; 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 Military and Veterans Affairs and Homeland Security.

Third Reading of Bills

House Bill No. 5063, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 22e, 32, 477, and 480 (MCL 168.22e, 168.32, 168.477, and 168.480), section 22e as added by 1995 PA 261 and section 477 as amended by 1999 PA 219, and by adding section 483a; and to repeal acts and parts of acts.

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

Roll Call No. 114 Yeas—64

Agema Goike Lori Pettalia

Bolger Graves Lund Poleski

Bumstead Haines Lyons Potvin

Callton Haveman MacGregor Price

Cotter Heise MacMaster Pscholka

Crawford Hooker McBroom Rendon

Daley Horn McMillin Rogers

Damrow Hughes Moss Schmidt, W.

Denby Huuki Muxlow Shaughnessy

Farrington Jacobsen Nathan Shirkey

Forlini Jenkins Nesbitt Somerville

Foster Johnson O’Brien Stamas

Franz Knollenberg Olson Tyler

Genetski Kowall Opsommer Walsh

Gilbert Kurtz Ouimet Yonker

Glardon LaFontaine Outman Zorn

Nays—46

Ananich Durhal LeBlanc Segal

Barnett Geiss Lindberg Slavens

Bauer Greimel Lipton Smiley

Bledsoe Hammel Liss Stallworth

Brown Haugh McCann Stanley

Brunner Hobbs Meadows Stapleton

Byrum Hovey-Wright Oakes Switalski

Cavanagh Howze Olumba Talabi

Clemente Irwin Rutledge Tlaib

Constan Jackson Santana Townsend

Darany Kandrevas Schmidt, R. Womack

Dillon Lane

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 amend 1954 PA 116, entitled “Michigan election law,” by amending sections 22e, 32, 477, 480, 558, and 560b (MCL 168.22e, 168.32, 168.477, 168.480, 168.558, and 168.560b), section 22e as added by 1995 PA 261, section 477 as amended by 1999 PA 219, and section 558 as amended and section 560b as added by 2002 PA 163, and by adding section 483a; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

______

Reps. Byrum, Bauer, Townsend, Stallworth, Slavens, Lindberg, Darany, Switalski, Lipton, Brown, Rutledge, Barnett, Roy Schmidt, Dillon, Constan, Brunner and Smiley, having reserved the right to explain their protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted no on House Bill 5063 because it is a solution in search of a problem. There is no evidence of a widespread problem of ballot question petitions being rejected by the Secretary of State subsequent to signature collection because of defects in the form of the petition. Furthermore, a petition sponsor currently has the option to voluntarily submit the petition prior to signature collection if the sponsor wants to go through a pre-approval for form process with the Secretary of State. Those who do not avail themselves of this voluntary pre-approval process prior to circulating the petition for signatures, do so at their own risk. The system works. There is no reason to impose a mandatory pre-approval procedure that could be used for partisan gamesmanship and potentially slow down politically unpopular petitions.

I also voted no on House Bill 5063 because a common sense amendment to establish an effective date of January 1, 2013 was voted down. This amendment would have set a clear and concise effective date, giving ample notice to all citizens who are considering, and/or working toward, a ballot question petition drive. With only months to go before a general election, this bill makes major and unnecessary changes to a citizen’s constitutionally guaranteed right to propose a statewide ballot question. The Secretary of State included this bill in a package she entitled, the ‘Secure and Fair Elections’ package. There is nothing secure or fair for Michigan citizens in changing the rules in the middle of the game without notice.

Article IV, Section 18 of the Michigan Constitution states that ‘[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.’ I find the act of granting immediate effect to House Bill 5063 injurious to the Michigan public. I did not support the granting of immediate effect to House Bill 5063.”

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

“Mr. Speaker and members of the House:

I voted no on House Bill 5063 because there is no evidence of a widespread problem of ballot question petitions being rejected by the Secretary of State subsequent to signature collection because of defects in the form of the petition. Furthermore, a petition sponsor currently has the option to voluntarily submit the petition prior to signature collection if the sponsor wants to go through a pre-approval for form process with the Secretary of State. Those who do not avail themselves of this voluntary pre-approval process prior to circulating the petition for signatures, do so at their own risk. The system works. There is no reason to impose a mandatory pre-approval procedure that could be used for partisan gamesmanship and potentially slow down politically unpopular petitions.

Rep. Meadows, 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:

While I support reform of our election laws to further the right of Michigan citizens to exercise their right to vote, HB 5063 actually impedes, suppresses and reduces the right to vote dearly held by Michigan citizens on issues they identify as critical to them. Thus, HB 5063 violates Const. 1963 Art. I, sec. 1, and 3, Art. II, sec. 1, 4, and 9.”

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

“Mr. Speaker and members of the House:

This bill is nothing more than an effort to disenfranchise people from their consititutional right to participate in the electoral process. The complete electoral process, is more than voting. It includes easily challenging ballot initiatives. This bill will complicate that process.

Additionally, I believe this is a direct attempt to thwart the will of the people who have submitted over two hundred and twenty thousand (220,000) signatures to repeal PA 4 of 2011. This is a shameful move by the members of this chamber who voted for it.”

Rep. Greimel, 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 voted no on House Bill 5063, in part, because it is a solution in search of a problem. There is no evidence of a widespread problem of ballot question petitions being rejected by the Secretary of State subsequent to signature collection because of defects in the form of the petition. Furthermore, a petition sponsor currently has the option to voluntarily submit the petition prior to signature collection if the sponsor wants to go through a pre-approval process with the Secretary of State. Those who do not avail themselves of this voluntary pre-approval process prior to circulating the petition for signatures do so at their own risk. The system works. There is no reason to impose a mandatory pre-approval procedure that could be used for partisan gamesmanship and potentially slow down politically unpopular petitions.

More importantly, I voted no on House Bill 5063 because a common sense amendment to establish an effective date of January 1, 2013 was voted down. This amendment would have set a clear and concise effective date, giving ample notice to all citizens who are considering, and/or working toward, a ballot question petition drive. With only months to go before a general election, the unamended bill makes major and unnecessary changes to a citizen’s constitutionally guaranteed right to propose a statewide ballot question. As a result, it deprives those who are considering launching a petition signature drive the adequate notice and due process that they deserve. The Secretary of State included this bill in a package she entitled the ‘Secure and Fair Elections’ package. There is nothing secure or fair about a bill that changes the rules in the middle of the game without adequate notice.

Article IV, Section 18 of the Michigan Constitution states that ‘[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.’ I find the act of granting immediate effect to House Bill 5063 injurious to the Michigan public. I did not, have not, and do not support the granting of immediate effect to House Bill 5063.”

Rep. Santana, 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:

INTRO

Thank you Mr. Speaker for giving me the opportunity to speak today on this very important subject that captivated the attention of my constituents and rightfully so. I went back and forth on whether or not I wanted to debate this issue because let’s face it-No Floor Speech that I know of has changed anyone’s vote.

I am very fortunate and blessed to have been given the honor to represent the great people of the 10th District. It is located in Northwest Detroit, which is a long way from here both figuratively and literally. I come from a humble background. My parents were never wealthy or politically connected. I am the first in my family line to ever seek and hold public office. I have an obligation to speak on behalf of those who are silent, those who are powerless and those who believe their voice no longer matters.

AMERICAN HISTORY X

This piece of legislation defies a history of Freedom and Liberty in our country. A Freedom and a Liberty that could only be found in the United States of America. I think it is important for this legislative body to be reminded of what it took us to achieve this sacred right of voting.

This piece of legislation defies a history of Freedom and Liberty in our country…a Freedom and a Liberty that could only be found in the United States of America. Our country has accomplished something that other countries around the world are still trying to understand. In fact this type of debate is typically resolved through political assassinations genocide or ethnic cleansing. I believe it is important for this legislative body to be reminded of what it took us to build this Republic. A Republic that has a strong Democracy and stands as a vision of hope for so many around this world.

Our country was founded on a simple belief. That our freedom does not come from our government it comes from our God. It is the role of government to protect that Freedom, it is our role as legislators to make that happen. Today I fear that legislators in this house are going to betray their oath, turn their back on freedom, and ignore their responsibility to the values they say they believe in.

It took a rebellion against British oppression by farmers and lay people to achieve Independence. People with no military training or advanced weapons taking on a superior army. What kind of courage and belief in Freedom did that require?

It took a bloody civil War that cost the lives of 625,000 people to answer a simple question. What kind of Government will we have…a union or a confederacy. That war led to 4 million African slaves being freed from their bondage. It took a hundred years after that for African Americans to receive full equality under the law.

It took a petite woman who sat down on a bus and said ‘that’s it! I’m tired! I refuse to get up!’ That petite woman sparked then what we now recognize as the modern day Civil Rights movement.

Today the struggle for equality, freedom and fairness continues because of oppressive legislation like this before us here today. This is a direct and subversive attack on the petition drive that led to 226,000 Michiganders signing a petition that supports freedom. This is an attempt to strip the power of the people away from them.

PROUD AMERICAN

I’m an American. I’m very proud of that label because I work hard every day to earn that privilege. I’m also a Patriot. In serving four Honorable years in the United States Navy I have traveled the world twice and have been to 32 countries. I’ve seen what a Third World country looks like, on one side of the street was the living and on the other side was the dead. And I swear to you that the dead was better off than those walking the earth what is so striking to me is that they have been denied the right of a representative Democracy.

Ideology has trumped reason in this legislative body. The history of world politics teaches us that when governments topple other governments and replace them with Dictators in this case an Emergency Manager that a worse result typically happens.

I’m proud to be an American because in another country this debate would be solved through bloodshed, genocide, civil war and atrocities so callous I dare not name them.

No other country in the world has done what we have been able to accomplish in our Republic. Maintain Liberty and individual Freedom for our citizens. I ask you Mr. Speaker how does House Bill 5063 accomplish this?

PUBLIC SERVICE

We all are all united in our common journey moving forward toward achieving the change we need.

Understanding of public service alone does not equate to mastery. True mastery can only be achieved with perfect balance. Therein lays the challenge of leadership. Any leader deficient in one aspect is doomed to fail and therefore ask yourself are your values perfect? Are you unerring in your duty?

Is your loyalty to freedom and liberty beyond reproach? Every leader’s life is the impasse to every leader’s soul. This balance is a quest that may require a lifetime to fulfill it is not a lesson that can be taught. It is something that we must discover for ourselves. What is public service? It is the absolute and unselfish adherence to all virtues….

to truth,

to courage,

to forthrightness.

But I’m afraid that this Democracy will further erode in a few short moments to the gentle depression of 56 votes on a green button that will once again turn back the hands of time to a prehistoric age.

I AM DETROIT

If you look into the eyes of any Detroiter. Any real Detroiter what you will see in their soul is pain, suffering, frustration and defiance.

A defiance that prevents Detroiters from quitting, from giving up, from walking away from a problem because it seems too difficult even though others have turned their back, betrayed us, and used political strength to rewrite legislation that took much needed revenue away from us.

We are defiant because we reject an idea that we are incapable of governing ourselves. Today, I am proud to stand shoulder to shoulder with my Detroit colleagues in the spirit of defiance.

Because…I am Detroit.

These bills are not about what needs to be done it’s about what some want to take.

These bills are not about getting things right. It’s about getting the ‘right’ people to do someone else’s bidding.

It’s not about making ends meet, it’s about justifying the means to your end.

The truth endures forever.

You can try to marginalize our existence, lock us up, confine us, restrict us, throwaway the key but Houdini ain’t got nothing us.”

Point of Order

Rep. Segal requested a ruling of the Chair on a question of constitutional interpretation.

The Chair ruled that the essence of her question was one of constitutional interpretation. The Chair is not empowered to rule on constitutionality.

Notices

I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House passed House Bill No. 5063.

Rep. Segal

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5059, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 4, 6, 11, 33, and 34 (MCL 169.203, 169.204, 169.206, 169.211, 169.233, and 169.234), sections 3 and 4 as amended by 1989 PA 95, section 6 as amended by 2003 PA 69, section 11 as amended by 1996 PA 590, and sections 33 and 34 as amended by 1999 PA 238.

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

Roll Call No. 115 Yeas—110

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski Lane

Nays—0

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 amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 4, 6, 11, 33, and 34 (MCL 169.203, 169.204, 169.206, 169.211, 169.233, and 169.234), section 3 as amended by 1989 PA 95, sections 4, 6, and 11 as amended by 2012 PA 31, and sections 33 and 34 as amended by 1999 PA 238.

The motion prevailed.

The House agreed to the title as amended.

House Bill No. 5058, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 9 and 21a (MCL 169.209 and 169.221a), section 9 as amended by 1996 PA 590 and section 21a as added by 1994 PA 411.

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

Roll Call No. 116 Yeas—110

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski Lane

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

House Bill No. 5158, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 470.

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

Roll Call No. 117 Yeas—110

Agema Gilbert LeBlanc Price

Ananich Glardon Lindberg Pscholka

Barnett Goike Lipton Rendon

Bauer Graves Liss Rogers

Bledsoe Greimel Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Bumstead Haveman MacMaster Segal

Byrum Heise McBroom Shaughnessy

Callton Hobbs McCann Shirkey

Cavanagh Hooker McMillin Slavens

Clemente Horn Meadows Smiley

Constan Hovey-Wright Moss Somerville

Cotter Howze Muxlow Stallworth

Crawford Hughes Nathan Stamas

Daley Huuki Nesbitt Stanley

Damrow Irwin O’Brien Stapleton

Darany Jackson Oakes Switalski

Denby Jacobsen Olson Talabi

Dillon Jenkins Olumba Tlaib

Durhal Johnson Opsommer Townsend

Farrington Kandrevas Ouimet Tyler

Forlini Knollenberg Outman Walsh

Foster Kowall Pettalia Womack

Franz Kurtz Poleski Yonker

Geiss LaFontaine Potvin Zorn

Genetski Lane

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 5084, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 229 (MCL 436.1229), as amended by 2005 PA 288.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Regulatory Reform,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Horn moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5297, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2011 PA 163.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Redistricting and Elections,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Outman moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4265, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11504 (MCL 324.11504), as amended by 1996 PA 359, and by adding section 11512b.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Energy and Technology,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Irwin moved to amend the bill as follows:

1. Amend page 2, following line 14, by inserting:

“(D) IF THE LANDFILL IS NOT OWNED OR OPERATED BY A MUNICIPALITY, COUNTY, OR GOVERNMENTAL AUTHORITY CREATED PURSUANT TO STATUTE, THE GOVERNING BODY OF THE CITY OR TOWNSHIP WHERE THE LANDFILL IS LOCATED HAS HELD A PUBLIC HEARING ON THE ISSUE OF DISPOSING OF SOURCE SEPARATED YARD CLIPPINGS AT THE LANDFILL. THE GOVERNING BODY SHALL HOLD THE PUBLIC HEARING WITHIN 30 DAYS AFTER RECEIVING A WRITTEN REQUEST FOR THE PUBLIC HEARING FROM THE OPERATOR OF THE LANDFILL.”.

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

Rep. Opsommer moved to amend the bill as follows:

1. Amend page 1, line 1, after “11512B.” by striking out “SOURCE SEPARATED YARD CLIPPINGS” and inserting “YARD CLIPPINGS MAINTAINED SEGREGATED FROM OTHER SOLID WASTE AT THE SOURCE OF GENERATION”.

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

Rep. Opsommer moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4266, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11507a and 11514 (MCL 324.11507a and 324.11514), section 11507a as amended by 2004 PA 39 and section 11514 as amended by 2008 PA 394.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Energy and Technology,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Horn moved to amend the bill as follows:

1. Amend page 3, line 24, after “ARE” by striking out the balance of the line through “SEPARATED” on line 25 and inserting “MAINTAINED SEGREGATED AT THE SOURCE OF GENERATION”.

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

Rep. Horn moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 685, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2010 PA 87.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Agriculture,

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.

Point of Order

Rep. Segal requested a ruling of the Chair on what motions were before the body on House Bill No. 5063.

The Chair ruled that the notice to reconsider had been accepted and thus multiple motions cannot be accepted.

Explanation of “No” Votes

Rep. Greimel, having reserved the right to explain his nay vote pertaining to House Bill Nos. 5134 and 5182 and protest against the passage of House Bill Nos. 5134 and 5182, made the following statement:

“Mr. Speaker and members of the House:

I voted against HB 5134 and HB 5182 because they unduly and unnecessarily interfere with the patient-physician relationship and direct the state government bureaucracy to micromanage that relationship. This is why the American Congress of OB/GYN physicians opposes HB 5134.

I support the provisions of HB 5182 that would simply inform women, through a posted notice and through Michigan’s informed consent website, that it is illegal to coerce women into having an abortion and of the phone number of a domestic violence hotline. Unfortunately, HB 5134 and HB 5182 go far beyond this. They would require physicians and/or qualified persons assisting physicians to question women about whether or not they have been coerced into having an abortion and whether anyone is taking harmful actions against them, regardless of whether or not such ‘harmful actions’ are related to the women’s decision to have an abortion. The specifics of this mandated questioning protocol would be developed by the Michigan Department of Community Health. As such, these bills require women, as a condition of receiving abortion services, to subject themselves to what amounts to government-mandated interrogation about matters that may have nothing to do with their decision to obtain an abortion. As a result, HB 5134 and HB 5182 are likely to substantially heighten the anxiety of women seeking abortion, at a time and under circumstances that are already very anxiety-inducing.

HB 5134 and HB 5182, by interjecting government into the patient-physician relationship, are much different than HB 4798, HB 4799, and HB 5181. HB 4798, HB 4799, and HB 5181 simply hold accountable, criminally and civilly, those who coerce women into seeking an abortion. As such, HB 4798, HB 4799, and HB 5181 are designed to protect women from coercion and abuse, and they do not interfere in any way with the patient-physician relationship or limit in any way women’s access to abortion.”

Reps. Cavanagh and Stallworth, having reserved the right to explain their protest against the passage of House Bill Nos. 4798, 4799, 5134, 5181 and 5182, made the following statement:

“Mr. Speaker and members of the House:

I voted no on House Bills 4798, 4799, 5134, 5181, and 5182 because I believe that not only should a woman not be coerced into having an abortion, but a woman should also not be coerced into carry a pregnancy to full term. This legislative package, referenced as the Coercive Abortion Prevention Act, does nothing to improve women’s health or prevent unintended pregnancies, but instead seeks to limit and interrupt the right of women to keep a medical decision between herself and her doctor.

Currently, the Guttmacher Institute ranks Michigan 48th in the nation in its efforts to help women avoid unintended pregnancies and worst in terms of the quality of its sex education policies. Our members offered amendments that would have ensured that steps were taken to prevent unintended pregnancies and need for abortions by supporting the Prevention First legislation. We also tried to make it so that a woman was also protected by not being coerced into having the baby. Women should NOT be coerced into or out of having an abortion. All reproductive health choices should be freely made and well informed and this chamber should not presume that women are somehow not fully capable of making such decisions.

Finally, law enforcement and prosecuting attorneys told us that these bills are unenforceable and largely repetitive of laws already in place, plus they would create an extra burden for them to do their jobs.

The bottom line is that the Legislature should stay out of private health care decisions and these bills do nothing to protect pregnant women.”

Rep. Lane, having reserving the right to explain her protest against the passage of House Bill Nos. 4798, 4799, 5134, 5181 and 5182, made the following statement:

“Mr. Speaker and members of the House:

While I support the intention of these bills, and I appreciate the hard work of my colleagues, I cannot vote in favor of this legislation. These bills do not achieve our stated objectives- instead; they will create an unenforceable legal logjam. This body has not addressed law enforcement’s concerns with these bills.”

______

Rep. Stamas moved that the House adjourn.

The motion prevailed, the time being 3:25 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, March 15, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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