No. 13

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Thursday, February 9, 2012.

10:00 a.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.

Agema—present Genetski—present LeBlanc—present Price—present

Ananich—present Gilbert—present Lindberg—excused Pscholka—present

Barnett—present Glardon—present Lipton—present Rendon—present

Bauer—present Goike—present Liss—present Rogers—present

Bledsoe—present Haines—present Lori—present Rutledge—present

Bolger—present Hammel—present Lund—present Santana—present

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

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

Bumstead—present Heise—present MacMaster—present Segal—present

Byrum—present Hobbs—present McBroom—present Shaughnessy—present

Callton—present Hooker—present McCann—present Shirkey—present

Cavanagh—present Horn—present McMillin—present Slavens—present

Clemente—present Hovey-Wright—present Meadows—present Smiley—present

Constan—present Howze—present Moss—present Somerville—present

Cotter—present Hughes—present Muxlow—present Stallworth—present

Crawford—present Huuki—present Nathan—present Stamas—present

Daley—present Irwin—present Nesbitt—present Stanley—present

Damrow—present Jackson—present O’Brien—present Stapleton—present

Darany—present Jacobsen—present Oakes—present Switalski—present

Denby—present Jenkins—excused Olson—present Talabi—present

Dillon—present Johnson—present Olumba—present Tlaib—present

Durhal—present Kandrevas—present Opsommer—present Townsend—present

Farrington—present Knollenberg—present Ouimet—present Tyler—present

Forlini—present Kowall—present Outman—present Walsh—present

Foster—present Kurtz—present Pettalia—present Womack—excused

Franz—present LaFontaine—present Poleski—present Yonker—present

Geiss—present Lane—present Potvin—present Zorn—present

e/d/s = entered during session

Rep. Matt E. Huuki, from the 110th District, offered the following invocation:

“Our Father and LORD in heaven,

The Scriptures tell us that Your mercies are new towards us every morning. We are also told that every morning You show forth Your justice.

So in the spirit of these assurances, we come together, moving forward into this new day with thankfulness for Your ample supply of the wisdom required of us—the equal measures of mercy and justice.

As we consider and weigh, in our human efforts to determine and decide what is best for the people of this wonderful state, we look to Your guidance. May our combined efforts this day serve Your good purposes for our people.

In the name and worthiness of Christ, Amen.”

______

Rep. Segal moved that Reps. Lindberg and Womack be excused from today’s session.

The motion prevailed.

Rep. Stamas moved that Rep. Jenkins be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Lyons, Wayne Schmidt, Price, Daley, Denby, Goike, Heise, Huuki, Shaughnessy and Tyler offered the following resolution:

House Resolution No. 184.

A resolution to declare February 23, 2012, as Conductive Education Day in the state of Michigan.

Whereas, Conductive education (CE) was developed over sixty years ago in Hungary by Dr. András Peto; and

Whereas, CE is a unique teaching system that maximizes the independence and mobility of children and adults with neuro-motor disabilities, like stroke survivors, and those with cerebral palsy, multiple sclerosis, acquired brain injuries, Parkinson’s disease, and spina bifida; and

Whereas, CE operates from a core belief in neuroplasticity, the lifelong ability of the brain to reorganize neural pathways based on new experiences, and on the premise that no matter how severe the disability, people can learn and improve when they are motivated; and

Whereas, CE has the potential to make a significant, life-changing impact on the mobility and independence of close to nine million people in the United States and Canada; and

Whereas, CE helps individuals learn their way to independence; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 23, 2012, as Conductive Education Day in the state of Michigan. We encourage support for this important program that increases the independence of people with disabilities in our community.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. LaFontaine, Cotter, Daley, Denby, Goike, Haveman, Heise, Hooker, Huuki, Johnson, Kurtz, McBroom, McMillin, Price, Rendon, Shaughnessy, Tyler, Yonker and Zorn offered the following resolution:

House Resolution No. 185.

A resolution to memorialize Congress to enact the Respect for Rights of Conscience Act of 2011 and to urge the President of the United States to reverse the Department of Health and Human Services regulation that violates religious liberties and forces almost every private health plan in the country to include coverage for services that are contrary to the religious beliefs and practices of certain faiths.

Whereas, Recent rules issued by the Department of Health and Human Services (HHS) place religious employers in the position of violating their conscience by forcing all health insurers and employers to cover specific services that could violate their religious practices. While the ruling exempts some religious organizations, the scope of the exemption is so narrow that most faith-based employers are disqualified; and

Whereas, Under this rule, religious leaders and organizations, including hospitals, universities, and service organizations, are mandated by federal law to comply with a regulation that violates their conscience while also paying a cost, through offering certain coverage without deductibles or co-pays in their employee health insurance; and

Whereas, This over-reaching policy is a radical attack on religion and the First Amendment rights of individuals and organizations to operate according to their conscience. The passage of the Respect for the Rights of Conscience Act of 2011(H.R.1179/S.1467) would permit a health plan to decline coverage of specific items and services that are contrary to the religious beliefs of the sponsor, issuer, or other entity offering the plan or the purchaser or beneficiary (in the case of individual coverage) without penalty; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to enact the Respect for Rights of Conscience Act of 2011 and to urge the President of the United States to reverse the Department of Health and Human Services regulation that violates religious liberties and forces almost every private health plan in the country to include coverage for services that are contrary to the religious beliefs and practices of certain faiths; and be it further

Resolved, That copies of this resolution be transmitted to Office of the President of the United States, 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 Government Operations.

Second Reading of Bills

Pending the Second Reading of

Senate Bill No. 12, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 22c.

Rep. Stamas moved that the bill be re-referred to the Committee on Commerce.

The motion prevailed.

Senate Bill No. 525, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5l (MCL 28.425l), as amended by 2008 PA 406.

The bill was read a second time.

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

The motion prevailed.

______

The Speaker called the Speaker Pro Tempore to the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4668, entitled

A bill to amend 1897 PA 230, entitled “An act to provide for the formation of corporations for the purpose of owning, maintaining and improving lands and other property kept for the purposes of summer resorts or for ornament, recreation or amusement, and to repeal all laws or parts of laws in conflict herewith; and to impose certain duties on the department of commerce,” (MCL 455.1 to 455.24) by adding section 16a.

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

Roll Call No. 42 Yeas—104

Agema Geiss Lane Price

Ananich Genetski LeBlanc Pscholka

Barnett Gilbert Lipton Rendon

Bauer Glardon Liss Rogers

Bledsoe Goike 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 Johnson Opsommer Tlaib

Durhal Kandrevas Ouimet Townsend

Farrington Knollenberg Outman Tyler

Forlini Kowall Pettalia Walsh

Foster Kurtz Poleski Yonker

Franz LaFontaine Potvin Zorn

Nays—0

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.

House Bill No. 4669, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2008 PA 506.

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

Roll Call No. 43 Yeas—105

Agema Genetski LeBlanc Price

Ananich Gilbert Lipton Pscholka

Barnett Glardon Liss Rendon

Bauer Goike Lori Rogers

Bledsoe Haines Lund Rutledge

Bolger Hammel Lyons Santana

Brown Haugh MacGregor Schmidt, R.

Brunner Haveman MacMaster Schmidt, W.

Bumstead Heise McBroom Segal

Byrum Hobbs McCann Shaughnessy

Callton Hooker McMillin Shirkey

Cavanagh Horn Meadows Slavens

Clemente Hovey-Wright Moss Smiley

Constan Howze Muxlow Somerville

Cotter Hughes Nathan Stallworth

Crawford Huuki Nesbitt Stamas

Daley Irwin O’Brien Stanley

Damrow Jackson Oakes Stapleton

Darany Jacobsen Olson Switalski

Denby Johnson Olumba Talabi

Dillon Kandrevas Opsommer Tlaib

Durhal Knollenberg Ouimet Townsend

Farrington Kowall Outman Tyler

Forlini Kurtz Pettalia Walsh

Foster LaFontaine Poleski Yonker

Franz Lane Potvin Zorn

Geiss

Nays—0

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.

House Bill No. 5178, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7u (MCL 211.7u), as amended by 2003 PA 140.

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

Roll Call No. 44 Yeas—94

Ananich Geiss LeBlanc Price

Barnett Gilbert Lipton Rendon

Bauer Glardon Liss Rogers

Bledsoe Goike Lori Rutledge

Bolger Haines Lund Santana

Brown Hammel Lyons Schmidt, R.

Brunner Haugh MacGregor Schmidt, W.

Byrum Haveman MacMaster Segal

Callton Heise McCann Shaughnessy

Cavanagh Hobbs Meadows Slavens

Clemente Horn Moss Smiley

Constan Hovey-Wright Muxlow Stallworth

Cotter Howze Nathan Stamas

Crawford Hughes Nesbitt Stanley

Daley Irwin O’Brien Stapleton

Damrow Jackson Oakes Switalski

Darany Jacobsen Olson Talabi

Denby Johnson Olumba Tlaib

Dillon Kandrevas Opsommer Townsend

Durhal Knollenberg Ouimet Tyler

Farrington Kowall Outman Walsh

Forlini Kurtz Pettalia Yonker

Foster LaFontaine Potvin Zorn

Franz Lane

Nays—11

Agema Hooker McMillin Shirkey

Bumstead Huuki Poleski Somerville

Genetski McBroom Pscholka

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. Hooker, 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:

This bill allows an affidavit to be filed in place of an income tax return as proof of poverty for property tax exemption. I believe another proof of poverty beside a signature must be required to receive exemption.”

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:

Thank you for this opportunity to explain my No vote on HB 5178.

The bill would allow a person claiming exemption to submit an affidavit documenting their status instead of a copy of an income tax return. While people of low income are often not required to file an income tax return, they often benefit from filing in order to claim credits that may be due to them. The Earned Income Tax Credit, the Homestead Property Tax Credit, and the Home Heating Credit are credits that first come to mind.

Therefore, it is often to a claimant’s benefit to prepare and file an income tax return even if not technically required, and especially if the claimant is of low income.

I believe the current system of requiring a copy of a tax return is correct, adequate and appropriate for those claiming a poverty exemption for property tax purposes. In my view, the system proposed by HB 5178 is not advisable and potentially detrimental to the claimant. I have voted No for this reason.

Thank you, Mr. Speaker, for this opportunity to explain my vote.”

______

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 9:

Senate Bill Nos. 931 932 933 934 935 936 937

Messages from the Senate

House Bill No. 4074, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 35, 37, and 67 (MCL 791.235, 791.237, and 791.267), section 35 as amended by 1998 PA 315, section 37 as amended by 1994 PA 217, and section 67 as amended by 1996 PA 565, and by adding section 34c.

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.