No. 72

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Wednesday, September 11, 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 Glardon—present Lauwers—present Roberts—present

Banks—present Goike—present LaVoy—present Robinson—present

Barnett—present Graves—present Leonard—present Rogers—present

Bolger—present Greimel—present Lipton—present Rutledge—present

Brinks—present Haines—present Lori—present Santana—present

Brown—present Haugh—present Lund—present Schmidt—present

Brunner—present Haveman—present Lyons—present Schor—present

Bumstead—present Heise—present MacGregor—present Segal—present

Callton—present Hobbs—present MacMaster—present Shirkey—present

Cavanagh—present Hooker—present McBroom—present Singh—present

Clemente—present Hovey-Wright—excused McCann—present Slavens—present

Cochran—present Howrylak—present McCready—present Smiley—present

Cotter—present Irwin—present McMillin—present Somerville—present

Crawford—present Jacobsen—present Muxlow—present Stallworth—present

Daley—present Jenkins—present Nathan—present Stamas—present

Darany—present Johnson—present Nesbitt—present Stanley—present

Denby—present Kandrevas—present O’Brien—present Switalski—present

Dianda—present Kelly—present Oakes—present Talabi—present

Dillon—present Kesto—present Olumba—present Tlaib—present

Driskell—present Kivela—present Outman—present Townsend—present

Durhal—present Knezek—present Pagel—present VerHeulen—present

Faris—present Kosowski—present Pettalia—present Victory—present

Farrington—present Kowall—present Poleski—present Walsh—present

Forlini—present Kurtz—present Potvin—present Yanez—present

Foster—present LaFontaine—present Price—present Yonker—present

Franz—present Lamonte—present Pscholka—present Zemke—present

Geiss—present Lane—present Rendon—present Zorn—present

Genetski—present

e/d/s = entered during session

Rep. Bruce R. Rendon, from the 103rd District, offered the following invocation:

“Heavenly Father, today is a day of remembrance for the people of the United States. We give honor to the memory of the many innocent people who lost their lives here in this country 12 years ago when the Twin Towers fell, and to the memory of the 4 Americans who lost their lives in Benghazi last year. Though we are strengthened in the knowledge that they are all with You in heaven, we pray, Father, that You will continue to bless and protect their families and all of Your people here. We humbly beseech You to watch over us as we honor all those who keep our communities safe, for it is through Your guidance that we recognize our first responders for their dedication to the service of Your people. We recognize that these individuals risk their lives every day so that the citizens of Michigan are able to live in a state that we are all proud of. Father, we ask that You continue to watch over them and protect them and their families from harm’s way.

Father, in Your infinite wisdom and mercy, You sacrificed Your only son, Jesus Christ, to show us the path to eternal life with You. Father, in Your mercy, help us to overcome our weaknesses, teach us to recognize Your calling, and give us the courage to follow Your path with strength of heart. We are grateful today for these unselfish servants who have already answered Your call by committing to a life of helping others in need. We ask that You continue to bless them and keep them and their families safe.

Heavenly Father we ask especially that You provide comfort to the families who have lost loved ones this year in the line of duty. Their family members made the ultimate sacrifice to keep their neighbors safe, and the grief of these families is new and overwhelming. Though we are eternally grateful for their sacrifice, we ask that You give understanding and strength to the families who must rebuild their lives without their loved ones. We pray that their families would know our appreciation for their service.

We ask that You bless all of those who serve the people of the United States, including our President, but especially our military and first responders. May You extend Your presence into their lives and throughout all of their duties. May You bless them with wisdom and courage. May You strengthen them with Your Holy Spirit. We ask this in the name of Your son, Jesus Christ.

Amen.”

Comments and Recommendations

Rep. Stamas moved that Rule 17 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Stamas moved that the following remarks be printed in the Journal.

The motion prevailed.

Speaker Bolger:

“Today is September 11, 2013, but we pause to remember September 11, 2001.

Today is a day when here in the Capitol and all over the country we stop to remember and mourn the innocent lives lost at the World Trade Center, the Pentagon and Pennsylvania twelve years ago.

But we also use this date in the House as a time to remember those here in Michigan who are always on call when we need them, and who should never shy from danger to serve the men and women of Michigan.

We remember this service on 9/11 of 2001, but we need look no further back than this week to see the bravery of those who rush in when others are rushing out. Our first responders risk their lives, and too many have given their lives, to protect ours.

Whether it is September 11th or any other day of the year, they deserve our honor, respect, and appreciation.

This day has been set aside in the House of Representatives to remember and honor the first responders who gave their lives in the line of duty in the past year. It is a small tribute that we pay to them and their families, some of whom are joining us today in the Gallery and on the House floor.

It is but a token of our thanks and our respect for the jobs they did and the price they paid.

It is for the police officers for protecting and serving, and for the firefighters and EMTs who rushed into a dangerous situation with care for others and bravery for us all.

There are many different definitions of what it means to be a hero, but I want to share with you one of the most touching I’ve read.

An instructor at the New York City Police Academy lost his wife, Moira, on September 11th, 2001. She was a New York City patrol officer who responded to the World Trade Center.

Moira helped one person out of the South Tower to safety and had returned to help others in the evacuation when the building fell.

In thinking about 9/11 and Moira’s death, her husband, Jim, offered these words: ‘Rather than mourning Moira, I prefer to celebrate her.

‘To celebrate who she was and what she did rather than commiserate about how she died.

‘A tragedy would have been if she had been coming home from work at four in the morning and got hit by a drunk driver.

‘The way she charged into those buildings to get people out—that wasn’t a tragedy. That was heroism, the definition of what it is to be a hero.’

So today, and every day, let us remember those heroes who go to work to protect us from dangers many of us cannot even imagine, but which is often just ‘another day at the office’ for them.

To the Michigan heroes we celebrate today — and to the families and colleagues they left behind...

...we say thank you

...we want you to know that we will not forget you

...and I pray that God blesses you and your families.”

______

Rep. Stamas moved that Rep. Hovey-Wright be excused from today’s session.

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 the enrollment printing and presentation to the Governor on Wednesday, September 11, for his approval of the following bill:

Enrolled House Bill No. 4714 at 10:45 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, September 11:

House Bill Nos. 4962 4963 4964

Senate Bill Nos. 464 465 466 467 468 469 470 471 472 473 474 475

The Clerk announced that the following Senate bill had been received on Wednesday, September 11:

Senate Bill No. 325

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

House Bill No. 4202, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 2b.

With the recommendation that the substitute (H-3) 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. O’Brien, Cotter, Foster, Lyons, Price, Kelly, Haugh, LaVoy and Townsend

Nays: Rep. Nesbitt

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

House Bill No. 4203, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 5a.

With the recommendation that the substitute (H-3) 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. O’Brien, Cotter, Foster, Lyons, Price, Kelly, Haugh, LaVoy and Townsend

Nays: Reps. Nesbitt and Somerville

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, September 11, 2013

Present: Reps. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, Haugh, LaVoy and Townsend

The Committee on Appropriations, by Rep. Haveman, Chair, reported

House Bill No. 4961, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 1998 PA 516.

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. Haveman, Pscholka, Kowall, Lori, Rogers, Stamas, Walsh, Bumstead, Forlini, MacGregor, MacMaster, Jenkins, Muxlow, Poleski, Potvin, McCready, Howrylak, VerHeulen, Tlaib, Brown, Durhal, Dillon, Roberts, Kandrevas, Faris, Zemke and Singh

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 11, 2013

Present: Reps. Haveman, Pscholka, Kowall, Lori, Rogers, Stamas, Walsh, Bumstead, Forlini, MacGregor, MacMaster, Jenkins, Muxlow, Poleski, Potvin, McCready, Howrylak, VerHeulen, Tlaib, Brown, Durhal, Dillon, Roberts, Kandrevas, Faris, Zemke, Singh and Olumba

Absent: Rep. McCann

Excused: Rep. McCann

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

House Bill No. 4567, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625 (MCL 257.625), as amended by 2012 PA 543.

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. Heise, Graves, Kurtz, Callton, O’Brien, Oakes, Kivela and Banks

Nays: Rep. Robinson

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

House Bill No. 4568, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2003 PA 134.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Heise, Graves, Kurtz, Callton, O’Brien, Oakes, Kivela and Banks

Nays: Rep. Robinson

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Wednesday, September 11, 2013

Present: Reps. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Oakes, Robinson, Kivela and Banks

Absent: Rep. Kesto

Excused: Rep. Kesto

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Franz, Vice-Chair, of the Committee on Military and Veterans Affairs, was received and read:

Meeting held on: Wednesday, September 11, 2013

Present: Reps. Franz, Haines, Kurtz, Hooker, Zorn, Graves, Santana, Darany, Slavens, Banks, Yanez and Kosowski

Absent: Rep. Stamas

Excused: Rep. Stamas

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Kurtz, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Wednesday, September 11, 2013

Present: Reps. Kurtz, Hooker, Denby, Outman, Kesto, Victory, Slavens and Kosowski

Absent: Rep. Hovey-Wright

Excused: Rep. Hovey-Wright

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 11, 2013

Present: Reps. Foster, Zorn, Haines, Schmidt, Farrington, Glardon, Johnson, Nesbitt, Somerville, Outman, Kelly, Leonard, Switalski, Barnett, Townsend, Santana, Oakes and Driskell

Absent: Rep. Yanez

Excused: Rep. Yanez

Messages from the Senate

House Bill No. 4732, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 2a and 10 (MCL 125.1502a and 125.1510), section 2a as amended by 2012 PA 103 and section 10 as amended by 1999 PA 245.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

______

Rep. Jacobsen moved that the House adjourn.

The motion prevailed, the time being 2:10 p.m.

The Speaker declared the House adjourned until Thursday, September 12, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

1394 JOURNAL OF THE HOUSE [September 11, 2013] [No. 72

No. 72] [September 11, 2013] JOURNAL OF THE HOUSE 1395

1396 JOURNAL OF THE HOUSE [September 11, 2013] [No. 72

No. 72] [September 11, 2013] JOURNAL OF THE HOUSE 1397

1398 JOURNAL OF THE HOUSE [September 11, 2013] [No. 72