No. 69

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2012

House Chamber, Lansing, Thursday, September 20, 2012.

12:00 Noon.

The House was called to order by the Clerk.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was not present.

The Honorable Gary L. Randall, Clerk of the House, offered the following invocation:

“Heavenly Father, we come to You today thankful for the many blessings You have bestowed on our great state. Let us never forget how privileged we are to live in a state that You have so richly endowed with natural resources and a breath taking landscape.

Lord, we ask Your blessing on the work we do in this chamber and pray that all we do be done in a way that enhances the pure beauty of our state and improves the quality of life for all who call Michigan home.

Amen.”

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, September 20:

House Bill Nos. 5914 5915 5916 5917 5918 5919 5920 5921 5922 5923 5924 5925 5926 5927

5928

Senate Bill Nos. 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 1288 1289 1290

1291 1292 1293 1294

The Clerk announced that the following Senate bills had been received on Thursday, September 20:

Senate Bill Nos. 564 1057 1058 1059 1060 1061 1062 1148 1258 1259 1267 1272

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Brown offered the following resolution:

House Resolution No. 321.

A resolution to declare September 2012 as Childhood Cancer Awareness Month in the state of Michigan.

Whereas, Every day, 36 children between the ages of 0 and 19 are diagnosed with cancer; and

Whereas, One child out of five who is diagnosed with cancer dies; and

Whereas, Children’s cancer affects all ethnic, gender, and socio-economic groups; and

Whereas, The average age of children diagnosed is six; and

Whereas, More than 40,000 children undergo treatment for cancer each year; and

Whereas, Three out of five survivors of childhood cancer suffer effects later in life, such as infertility, heart failure, and secondary cancers; and

Whereas, Although cure rates have improved in the last 30 years, there is still much work to be done to protect our children from these serious diseases; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 2012 as Childhood Cancer Awareness Month in the state of Michigan.

The resolution was referred to the Committee on Health Policy.

Rep. Brown offered the following resolution:

House Resolution No. 322.

A resolution to declare September 2012 as Library Card Sign-up Month in the state of Michigan.

Whereas, A library card unlocks a world of possibilities for all who have one; and

Whereas, The library card is the most important school supply of all, as children who use their libraries perform better in school; and

Whereas, Libraries enhance the educational experience by meeting the needs of all types of students by providing free access to educational databases, the Internet, homework help, online tutoring and books; and

Whereas, Libraries provide opportunities to children and teens to pursue their own interests, leading to more effective learning; and

Whereas, A library card is the “smartest card” you can own; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 2012 as Library Card Sign-up Month in the state of Michigan. We encourage everyone to sign up for the smartest card at your library.

The resolution was referred to the Committee on Local, Intergovernmental, and Regional Affairs.

Rep. Brown offered the following resolution:

House Resolution No. 323.

A resolution to declare September 2012 as Ovarian Cancer Awareness Month in the state of Michigan.

Whereas, More than 21,000 women were diagnosed with ovarian cancer in 2011; and

Whereas, In 2011, 15,000 women died from ovarian cancer; and

Whereas, Ovarian cancer has a five-year survival rate of 93 percent if found before spreading outside the ovary, but only 19 percent of ovarian cancers are found at such an early stage; and

Whereas, No ovarian cancer screening test currently exists and women must be aware of the signs and symptoms in order to protect themselves; and

Whereas, The symptoms commonly associated with ovarian cancer are bloating, pelvic or abdominal pain, urinary urgency or frequency, and difficulty eating or feeling full quickly, and all women should be aware of these symptoms; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 2012 as Ovarian Cancer Awareness Month in the state of Michigan.

The resolution was referred to the Committee on Health Policy.

Reps. Brown, Bauer, Slavens, Byrum, Tlaib, Cavanagh, Ananich, Hovey-Wright, Irwin, Lipton, McCann, Haugh, Switalski and Barnett offered the following resolution:

House Resolution No. 324.

A resolution to condemn the remarks of United States Representative Todd Akin, and comments like his, and the position of the national Republican party to diminish the severity of rape and marginalize its victims and survivors.

Whereas, Rape and other forms of criminal sexual conduct are among the most heinous crimes in our society. Victims and survivors of rape often are left with not only physical injuries, but deep psychological trauma that may never be fully healed; and

Whereas, Representative Todd Akin suggested the existence of “legitimate rape.” Representative Paul Ryan co‑sponsored H.R. 3 of 2011, which, as introduced, sought to make a distinction of “forcible rape.” Language such as this lessens the severity of the real harm to women. The Republican platform denies survivors of rape the right to an abortion by claiming the “fundamental right to life” of an embryo and supporting a “human life amendment to the Constitution”; and

Whereas, Almost 4,300 Michigan residents were the victims of rape last year, but only 631 arrests were made, a rate of 14.7 percent, despite the fact that more than 76 percent of victims knew their attackers. Language that suggests that the crime was somehow illegitimate could deter rape survivors from coming forward and helping to bring their attackers to justice; and

Whereas, The Violence Against Women Act of 1994, once a measure that enjoyed strong bipartisan support and was easily reauthorized, faced a struggle when Republicans in the United States House stripped the Senate-passed measures of key protections for assault victims; now, therefore be it

Resolved by the House of Representatives, That we condemn the remarks of United States Representative Todd Akin and others in the Republican Party to diminish the severity of rape and marginalize its victims and survivors; 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 Government Operations.

Reports of Standing Committees

The Committee on Judiciary, by Rep. Walsh, Chair, reported

House Bill No. 5578, entitled

A bill to establish duties of owners or operators of property and their attorneys and agents in evicting a tenant from the property; to provide for the disposal of a tenant’s personal property lawfully removed from property; to provide civil sanctions for the improper removal and disposal of property; and to provide remedies.

With the recommendation that the bill be referred to the Committee on Local, Intergovernmental, and Regional Affairs.

Favorable Roll Call

To Report Out:

Yeas: Reps. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Local, Intergovernmental, and Regional Affairs.

The Committee on Judiciary, by Rep. Walsh, Chair, reported

House Bill No. 5804, entitled

A bill to create the Michigan indigent defense commission and to provide for its powers and duties; to provide for constitutionally effective assistance of counsel to represent indigent defendants in criminal cases; to provide standards for the appointment of legal counsel; and to provide for certain appropriations.

With the recommendation that the substitute (H-2) 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. Walsh, Heise, Damrow, Muxlow, Jacobsen, Somerville, Cotter, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba

Nays: Rep. Horn

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 388, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 105.

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. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes and Cavanagh

Nays: None

The Committee on Judiciary, by Rep. Walsh, Chair, reported

Senate Bill No. 809, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 212, 304, 319, 319b, and 904 (MCL 257.212, 257.304, 257.319, 257.319b, and 257.904), section 212 as amended by 2002 PA 534, section 304 as added by 2010 PA 155, section 319 as amended by 2010 PA 267, section 319b as amended by 2011 PA 159, and section 904 as amended by 2008 PA 461.

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. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 19, 2012

Present: Reps. Walsh, Heise, Horn, Damrow, Muxlow, Jacobsen, Pettalia, Somerville, Cotter, Graves, Meadows, Constan, Oakes, Brown, Irwin, Cavanagh and Olumba

The Committee on Local, Intergovernmental, and Regional Affairs, by Rep. Ouimet, Chair, reported

House Bill No. 4819, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2006 PA 498.

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. Ouimet, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Townsend and Rutledge

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ouimet, Chair, of the Committee on Local, Intergovernmental, and Regional Affairs, was received and read:

Meeting held on: Thursday, September 20, 2012

Present: Reps. Ouimet, Crawford, Daley, Hughes, LaFontaine, Price, Shaughnessy, Rendon, Stanley, Constan, Townsend and Rutledge

Absent: Reps. Pettalia, Stapleton and Lane

Excused: Reps. Pettalia, Stapleton and Lane

The Committee on Insurance, by Rep. Lund, Chair, reported

House Bill No. 5156, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1201, 1222, and 1224 (MCL 500.1201, 500.1222, and 500.1224), sections 1201 and 1224 as amended by 2001 PA 228.

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. Lund, Shaughnessy, Opsommer, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Segal, Hovey-Wright and Howze

Nays: None

The Committee on Insurance, by Rep. Lund, Chair, reported

House Bill No. 5805, entitled

A bill to recognize the operation of health care sharing ministries by eligible entities; and to provide that entities that establish and operate health care sharing ministries are not engaging in the business of insurance.

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. Lund, Shaughnessy, Opsommer, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Segal and Howze

Nays: Rep. Hovey-Wright

The Committee on Insurance, by Rep. Lund, Chair, reported

House Bill No. 5890, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1238 (MCL 500.1238), as added by 1984 PA 5.

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. Lund, Shaughnessy, Opsommer, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Segal, Hovey-Wright and Howze

Nays: None

The Committee on Insurance, by Rep. Lund, Chair, reported

House Bill No. 5891, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2112, 2116, 3109, and 3109a (MCL 500.2112, 500.2116, 500.3109, and 500.3109a), sections 2112 and 2116 as amended by 1980 PA 461.

With the recommendation that the substitute (H-2) 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. Lund, Shaughnessy, Opsommer, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien and Yonker

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 20, 2012

Present: Reps. Lund, Shaughnessy, Opsommer, Denby, Glardon, Johnson, LaFontaine, Lyons, O’Brien, Yonker, Kandrevas, Segal, Hovey-Wright and Howze

Absent: Reps. Roy Schmidt, Geiss and Nathan

Excused: Reps. Roy Schmidt, Geiss and Nathan

Messages from the Senate

House Bill No. 4934, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1347a.

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.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5128, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by amending the heading for chapter 80 and by adding sections 8031, 8033, 8035, 8037, 8039, 8041, 8043, 8045, and 8047; and to repeal acts and parts of acts.

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 amended the title to read as follows:

A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 308 (MCL 600.308), as amended by 1994 PA 375, by amending the heading for chapter 80, and by adding sections 8031, 8033, 8035, 8037, 8039, 8041, 8043, 8045, and 8047; and to repeal acts and parts of acts.

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

House Bill No. 5431, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411a (MCL 750.411a), as amended by 2004 PA 104.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), 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.

House Bill No. 5432, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2008 PA 466.

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.

House Bill No. 5433, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2010 PA 278.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2012 PA 147.

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

Senate Bill No. 564, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106a (MCL 400.106a), as added by 2003 PA 32.