No. 20
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
97th Legislature
REGULAR SESSION OF 2013
House Chamber, Lansing, Thursday, February 28, 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—e/d/s 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. Frank Foster, from the 107th District, offered the following invocation:
“Heavenly Father, we thank Thee for the powers that are ordained of God.
We pray for the lawmakers gathered here today that You will give us wisdom and guidance in the awesome responsibilities that we have; give us the courage and decisiveness to do that which is right; and bless us as we represent all the citizens of the great state of Michigan.
These things I ask and pray in Your name.
Amen.”
Motions and Resolutions
Reps. Franz, Darany, Durhal, Howrylak, Kelly, Kowall, Lamonte and O’Brien offered the following resolution:
House Resolution No. 38.
A resolution to declare June 8, 2013, as Remember The USS Liberty Day in the state of Michigan.
Whereas, It is the actions of the brave that allow us to live free in this great democracy that we so treasure; and
Whereas, Veterans throughout our history have answered the clarion call to duty, defended America and built this land of incomparable greatness for the generations to come; and
Whereas, No one has given more to our nation and to the cause of freedom than the men and women of the United States military, many of whom have made the ultimate sacrifice; and
Whereas, We remember and honor the men of the USS Liberty; and
Whereas, The USS Liberty, AGTR5, a US Navy intelligence gathering ship, was operating in international waters off the Sinai Peninsula on June 8, 1967; and
Whereas, The Six-Day War was in progress; and
Whereas, The USS Liberty was clearly marked and flying the American Flag; and
Whereas, The USS Liberty was strafed and torpedoed with devastating consequence; and
Whereas, Those military and civilian personnel who suffered casualties, including thirty-four fatalities and 172 injured, will never be forgotten; and
Whereas, The commanding officer, Captain William McGonagle and the valiant crew attempted to save the ship from total destruction while awaiting US Navy assistance; and
Whereas, On that day, the USS Liberty’s crew responded valiantly. Captain William McGonagle earned the Congressional Medal of Honor for extraordinary heroism and his ship received the Presidential Unit Citation; and
Whereas, We will remember the service of the crew of the USS Liberty, patriots united in their mission, patriots who embraced the cause of all who serve to make our world safe for democracy; and
Whereas, It is appropriate that we recognize all who are standing today at this very hour in harm’s way in the frontlines in defense of freedom, affording us all the opportunity to hold dear and fully enjoy our inalienable rights of life, liberty and the pursuit of happiness; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare June 8, 2013, as Remember The USS Liberty Day in the state of Michigan.
The resolution was referred to the Committee on Government Operations.
Reps. Hovey-Wright, Brown, Abed, Geiss, Brinks, Schor, Switalski, Banks, Townsend, Kivela, Dianda, Singh, Yanez, Kosowski, Smiley, Lane, Faris, Cochran, Driskell, Lamonte, Brunner, Price, Slavens, Stanley, Hobbs, Ananich, Robinson, Kandrevas, Roberts, Lipton, Knezek, Zemke, Daley, Heise, Denby, Jacobsen, Pagel, Lori, Kowall, Oakes, Barnett, Darany and Durhal offered the following resolution:
House Resolution No. 39.
A resolution to declare March 2013 as Social Work Month in the state of Michigan.
Whereas, The social work profession creates pathways to full participation in society; and
Whereas, The primary mission of social work is to enhance human well-being and help meet the basic needs of all people, especially the most vulnerable; and
Whereas, For over 100 years social workers have helped America’s leaders weave the nation’s social safety net; and
Whereas, Social workers address the emotional, psychological, economic, and/or physical needs of millions of people every day; and
Whereas, Social workers help clients use their strengths, resilience, and self-advocacy to navigate life challenges; and
Whereas, Social workers help people function better in their environments, improve their relationships with others, and solve personal and family problems through a wide range of psychosocial services. They also assist individuals and families in every stage of life from all communities and advocate for fairness and access to resources that benefit the most people; and
Whereas, Social work is currently one of the fastest growing professions in the United States; and
Whereas, Social workers are employed in many different organizations and industries including private and public agencies, hospices and hospitals, schools and universities, businesses and foundations, and military branches and veterans centers as well as national and local public elected offices; and
Whereas, Social workers celebrate the courage, strength, and determination of the human spirit and work to empower others to hope, dream, and believe in their own potential; and
Whereas, Our nation would be less successful without the contributions of America’s 650,000 social workers; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare March 2013 as Social Work Month in the state of Michigan. We call upon all citizens to join with the National Association of Social Workers in celebration and support of the social work profession.
The question being on the adoption of the resolution,
The resolution was adopted.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Third Reading of Bills
House Bill No. 4111, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 11 Yeas—78
Abed Foster LaVoy Santana
Ananich Geiss Lipton Schmidt
Banks Glardon Lori Schor
Barnett Greimel Lyons Segal
Bolger Haines MacGregor Singh
Brinks Haugh MacMaster Slavens
Brown Haveman McCann Smiley
Brunner Heise McCready Stallworth
Callton Hobbs Nathan Stamas
Cavanagh Hovey-Wright Oakes Stanley
Clemente Irwin Pagel Switalski
Cochran Jacobsen Poleski Talabi
Crawford Kandrevas Potvin Tlaib
Darany Kesto Price Townsend
Denby Kivela Pscholka VerHeulen
Dillon Knezek Roberts Walsh
Driskell Kosowski Robinson Yanez
Durhal Kowall Rogers Zemke
Faris Lamonte Rutledge Zorn
Forlini Lane
Nays—31
Bumstead Graves Lauwers Outman
Cotter Hooker Leonard Pettalia
Daley Howrylak Lund Rendon
Dianda Jenkins McBroom Shirkey
Farrington Johnson McMillin Somerville
Franz Kelly Muxlow Victory
Genetski Kurtz Nesbitt Yonker
Goike LaFontaine O’Brien
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Shirkey moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Olumba entered the House Chambers.
House Bill No. 4037, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2008 PA 36.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 12 Yeas—110
Abed Genetski Lauwers Roberts
Ananich Glardon LaVoy Robinson
Banks Goike Leonard Rogers
Barnett Graves Lipton Rutledge
Bolger Greimel Lori Santana
Brinks Haines Lund Schmidt
Brown Haugh Lyons Schor
Brunner Haveman MacGregor Segal
Bumstead Heise MacMaster Shirkey
Callton Hobbs McBroom Singh
Cavanagh Hooker McCann Slavens
Clemente Hovey-Wright McCready Smiley
Cochran Howrylak McMillin Somerville
Cotter Irwin Muxlow Stallworth
Crawford Jacobsen Nathan Stamas
Daley Jenkins Nesbitt Stanley
Darany Johnson O’Brien Switalski
Denby Kandrevas Oakes Talabi
Dianda Kelly Olumba Tlaib
Dillon Kesto Outman Townsend
Driskell Kivela Pagel VerHeulen
Durhal Knezek Pettalia Victory
Faris Kosowski Poleski Walsh
Farrington Kowall Potvin Yanez
Forlini Kurtz Price Yonker
Foster LaFontaine Pscholka Zemke
Franz Lamonte Rendon Zorn
Geiss Lane
Nays—0
In The Chair: Walsh
The question being on agreeing to the title of the bill,
Rep. Shirkey moved to amend the title to read as follows:
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2012 PA 498.
The motion prevailed.
The House agreed to the title as amended.
Reps. Ananich, Banks, Barnett, Brinks, Brown, Brunner, Cavanagh, Clemente, Cotter, Crawford, Daley, Darany, Denby, Dianda, Dillon, Driskell, Durhal, Faris, Farrington, Forlini, Foster, Franz, Geiss, Genetski, Glardon, Goike, Graves, Greimel, Haines, Haugh, Heise, Hobbs, Hovey-Wright, Howrylak, Jacobsen, Johnson, Kandrevas, Kelly, Kesto, Kivela, Knezek, Kosowski, Kowall, Kurtz, LaFontaine, Lamonte, Lane, Lauwers, LaVoy, Leonard, Lori, Lund, Lyons, MacGregor, MacMaster, McCann, McCready, Muxlow, O’Brien, Oakes, Outman, Pagel, Pettalia, Poleski, Price, Rendon, Roberts, Robinson, Rogers, Rutledge, Santana, Schmidt, Schor, Segal, Shirkey, Singh, Slavens, Smiley, Somerville, Stanley, Switalski, Tlaib, VerHeulen, Victory, Walsh, Yanez, Yonker, Zemke and Zorn were named co‑sponsors of the bill.
House Bill No. 4287, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2011 PA 158.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 13 Yeas—110
Abed Genetski Lauwers Roberts
Ananich Glardon LaVoy Robinson
Banks Goike Leonard Rogers
Barnett Graves Lipton Rutledge
Bolger Greimel Lori Santana
Brinks Haines Lund Schmidt
Brown Haugh Lyons Schor
Brunner Haveman MacGregor Segal
Bumstead Heise MacMaster Shirkey
Callton Hobbs McBroom Singh
Cavanagh Hooker McCann Slavens
Clemente Hovey-Wright McCready Smiley
Cochran Howrylak McMillin Somerville
Cotter Irwin Muxlow Stallworth
Crawford Jacobsen Nathan Stamas
Daley Jenkins Nesbitt Stanley
Darany Johnson O’Brien Switalski
Denby Kandrevas Oakes Talabi
Dianda Kelly Olumba Tlaib
Dillon Kesto Outman Townsend
Driskell Kivela Pagel VerHeulen
Durhal Knezek Pettalia Victory
Faris Kosowski Poleski Walsh
Farrington Kowall Potvin Yanez
Forlini Kurtz Price Yonker
Foster LaFontaine Pscholka Zemke
Franz Lamonte Rendon Zorn
Geiss Lane
Nays—0
In The Chair: Walsh
The House agreed to the title of the bill.
Reps. Abed, Ananich, Banks, Barnett, Brinks, Brown, Brunner, Cavanagh, Clemente, Cochran, Cotter, Daley, Denby, Dianda, Driskell, Durhal, Faris, Forlini, Franz, Geiss, Genetski, Glardon, Goike, Graves, Greimel, Haines, Haveman, Heise, Hobbs, Hooker, Hovey-Wright, Howrylak, Jacobsen, Jenkins, Johnson, Kandrevas, Kelly, Kesto, Kivela, Kosowski, Kowall, Kurtz, Lamonte, Lane, Lauwers, LaVoy, Leonard, Lipton, Lori, Lund, Lyons, MacMaster, McCann, McCready, Muxlow, Nathan, O’Brien, Oakes, Outman, Pagel, Pettalia, Poleski, Price, Pscholka, Rendon, Roberts, Robinson, Rogers, Santana, Schmidt, Schor, Shirkey, Singh, Slavens, Smiley, Somerville, Stamas, Stanley, Switalski, Talabi, VerHeulen, Victory, Walsh, Yanez, Yonker and Zorn were named co‑sponsors of the bill.
House Bill No. 4052, entitled
A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” by amending section 2 (MCL 492.102), as amended by 1995 PA 166.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 14 Yeas—109
Abed Genetski Lane Rendon
Ananich Glardon Lauwers Roberts
Banks Goike LaVoy Rogers
Barnett Graves Leonard Rutledge
Bolger Greimel Lipton Santana
Brinks Haines Lori Schmidt
Brown Haugh Lund Schor
Brunner Haveman Lyons Segal
Bumstead Heise MacGregor Shirkey
Callton Hobbs MacMaster Singh
Cavanagh Hooker McBroom Slavens
Clemente Hovey-Wright McCann Smiley
Cochran Howrylak McCready Somerville
Cotter Irwin McMillin Stallworth
Crawford Jacobsen Muxlow Stamas
Daley Jenkins Nathan Stanley
Darany Johnson Nesbitt Switalski
Denby Kandrevas O’Brien Talabi
Dianda Kelly Oakes Tlaib
Dillon Kesto Olumba Townsend
Driskell Kivela Outman VerHeulen
Durhal Knezek Pagel Victory
Faris Kosowski Pettalia Walsh
Farrington Kowall Poleski Yanez
Forlini Kurtz Potvin Yonker
Foster LaFontaine Price Zemke
Franz Lamonte Pscholka Zorn
Geiss
Nays—1
Robinson
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Shirkey moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4053, entitled
A bill to amend 1966 PA 224, entitled “Retail installment sales act,” by amending section 2 (MCL 445.852), as amended by 1995 PA 167.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 15 Yeas—109
Abed Genetski Lane Rendon
Ananich Glardon Lauwers Roberts
Banks Goike LaVoy Rogers
Barnett Graves Leonard Rutledge
Bolger Greimel Lipton Santana
Brinks Haines Lori Schmidt
Brown Haugh Lund Schor
Brunner Haveman Lyons Segal
Bumstead Heise MacGregor Shirkey
Callton Hobbs MacMaster Singh
Cavanagh Hooker McBroom Slavens
Clemente Hovey-Wright McCann Smiley
Cochran Howrylak McCready Somerville
Cotter Irwin McMillin Stallworth
Crawford Jacobsen Muxlow Stamas
Daley Jenkins Nathan Stanley
Darany Johnson Nesbitt Switalski
Denby Kandrevas O’Brien Talabi
Dianda Kelly Oakes Tlaib
Dillon Kesto Olumba Townsend
Driskell Kivela Outman VerHeulen
Durhal Knezek Pagel Victory
Faris Kosowski Pettalia Walsh
Farrington Kowall Poleski Yanez
Forlini Kurtz Potvin Yonker
Foster LaFontaine Price Zemke
Franz Lamonte Pscholka Zorn
Geiss
Nays—1
Robinson
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Shirkey moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 61, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending the title and sections 218, 401e, and 414b (MCL 550.1218, 550.1401e, and 550.1414b), the title as amended by 1994 PA 169, section 218 as added by 2002 PA 559, section 401e as added by 1996 PA 516, and section 414b as added by 2006 PA 413, and by adding sections 201a, 220, 400, 401m, 410b, 501c, and 620 and part 6A.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Schor moved to amend the bill as follows:
1. Amend page 5, following line 4, by striking out all of subsection (5) and inserting:
“(5) NOTWITHSTANDING ANYTHING IN THIS ACT TO THE CONTRARY, IF THE MERGER OF A HEALTH CARE CORPORATION AND A NONPROFIT MUTUAL DISABILITY INSURER BECOMES EFFECTIVE AS DESCRIBED IN SUBSECTION (2), THE PROPERTY OF THE HEALTH CARE CORPORATION IS SUBJECT TO THE COLLECTION OF GENERAL AD VALOREM TAXES AND APPLICABLE SPECIFIC TAXES UNDER THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.1 TO 211.155, BEGINNING DECEMBER 31, 2013. AS PROVIDED IN SECTION 201, THE PROPERTY OF A HEALTH CARE CORPORATION IS EXEMPT FROM TAXATION BEFORE DECEMBER 31, 2013. THIS ACT DOES NOT CONFER AN EXEMPTION FROM TAXATION ON A NONPROFIT MUTUAL DISABILITY INSURER THAT MERGES WITH A HEALTH CARE CORPORATION.”.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 16 Yeas—92
Ananich Genetski LaVoy Rogers
Banks Glardon Leonard Rutledge
Barnett Goike Lori Santana
Bolger Graves Lund Schmidt
Brown Greimel Lyons Schor
Brunner Haines MacGregor Segal
Bumstead Haugh MacMaster Shirkey
Callton Haveman McBroom Singh
Cavanagh Heise McCann Slavens
Clemente Hobbs McCready Smiley
Cotter Hovey-Wright Muxlow Somerville
Crawford Irwin Nathan Stallworth
Daley Jacobsen Nesbitt Stamas
Darany Jenkins O’Brien Stanley
Denby Kandrevas Oakes Talabi
Dillon Kelly Olumba Tlaib
Durhal Kivela Outman Townsend
Faris Knezek Pagel VerHeulen
Farrington Kosowski Pettalia Victory
Forlini Kowall Poleski Walsh
Foster Kurtz Price Yonker
Franz LaFontaine Pscholka Zemke
Geiss Lane Rendon Zorn
Nays—18
Abed Hooker Lauwers Roberts
Brinks Howrylak Lipton Robinson
Cochran Johnson McMillin Switalski
Dianda Kesto Potvin Yanez
Driskell Lamonte
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain acts and parts of acts,”
The House agreed to the full title.
Rep. Shirkey 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:
In a previous BCBS reform, we had attached a opt-in bill to make sure abortion coverage was not included without an additional rider. The governor vetoed the opt-in portion. I do not believe in health insurance without making abortion coverage an opt-in instead of opt-out coverage. I am sending a message back to the Governor of my displeasure. I am not directly opposed to the reform. As a 100% pro-life representative, I could not support this bill.”
Senate Bill No. 62, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2213b, 2242, 3426, 3705, 3712, 5008, 5104, 5209, 5800, and 5824 (MCL 500.2213b, 500.2242, 500.3426, 500.3705, 500.3712, 500.5008, 500.5104, 500.5209, 500.5800, and 500.5824), section 2213b as amended by 1998 PA 457, section 2242 as amended by 1990 PA 305, section 3426 as added by 2006 PA 412, sections 3705 and 3712 as added by 2003 PA 88, section 5008 as amended by 1994 PA 226, section 5104 as amended by 1999 PA 211, and section 5800 as amended by 2000 PA 8, and by adding sections 3405a, 3428, 3472, 3474a, 3612a, 5801, 5805, 5825, and 5826.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 17 Yeas—92
Ananich Genetski LaVoy Rogers
Banks Glardon Leonard Rutledge
Barnett Goike Lori Santana
Bolger Graves Lund Schmidt
Brown Greimel Lyons Schor
Brunner Haines MacGregor Segal
Bumstead Haugh MacMaster Shirkey
Callton Haveman McBroom Singh
Cavanagh Heise McCann Slavens
Clemente Hobbs McCready Smiley
Cotter Hovey-Wright Muxlow Somerville
Crawford Irwin Nathan Stallworth
Daley Jacobsen Nesbitt Stamas
Darany Jenkins O’Brien Stanley
Denby Kandrevas Oakes Talabi
Dillon Kelly Olumba Tlaib
Durhal Kivela Outman Townsend
Faris Knezek Pagel VerHeulen
Farrington Kosowski Pettalia Victory
Forlini Kowall Poleski Walsh
Foster Kurtz Price Yonker
Franz LaFontaine Pscholka Zemke
Geiss Lane Rendon Zorn
Nays—18
Abed Hooker Lauwers Roberts
Brinks Howrylak Lipton Robinson
Cochran Johnson McMillin Switalski
Dianda Kesto Potvin Yanez
Driskell Lamonte
In The Chair: Walsh
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”
The House agreed to the full title.
Rep. Shirkey 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:
In a previous BCBS reform, we had attached a opt-in bill to make sure abortion coverage was not included without an additional rider. The governor vetoed the opt-in portion. I do not believe in health insurance without making abortion coverage an opt-in instead of opt-out coverage. I am sending a message back to the Governor of my displeasure. I am not directly opposed to the reform. As a 100% pro-life representative, I could not support this bill.”
Second Reading of Bills
House Bill No. 4094, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 40109a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Johnson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Shirkey moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, a majority of the members present voting therefor.
______
Rep. Shirkey moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Thursday, February 28:
House Bill Nos. 4328 4329 4330 4331 4332 4333 4334 4335 4336 4337 4338 4339 4340
Senate Bill Nos. 222 223 224 225 226 227 228 229 230 231 232 233 234
Senate Joint Resolutions M N
Reports of Standing Committees
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cotter, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Thursday, February 28, 2013
Present: Reps. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Poleski, Chair, of the Committee on Financial Liability Reform, was received and read:
Meeting held on: Thursday, February 28, 2013
Present: Reps. Poleski, Victory, Denby, McMillin, Shirkey, Callton, Cavanagh, Talabi, Irwin and Robinson
Absent: Rep. Schmidt
Excused: Rep. Schmidt
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Pettalia, Chair, of the Committee on Tourism, was received and read:
Meeting held on: Thursday, February 28, 2013
Present: Reps. Pettalia, Goike, Crawford, Genetski, Pagel, Kosowski, Brunner and Kivela
Absent: Rep. Rendon
Excused: Rep. Rendon
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Price, Chair, of the Committee on Local Government, was received and read:
Meeting held on: Thursday, February 28, 2013
Present: Reps. Price, Pagel, Daley, Franz, Pettalia, Somerville, Graves, Rutledge, Stanley, Banks and Talabi
Absent: Rep. Rendon
Excused: Rep. Rendon
Notices
February 28, 2013
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48913
Dear Mr. Clerk:
The following Members have requested the seat changes as listed below, and I concur with these changes, effective today.
Rep. Olumba to Seat 90
Rep. Santana to Seat 83
Rep. Singh to Seat 91
Rep. Kosowski to Seat 77
Sincerely,
Jase Bolger, Speaker
Michigan House of Representatives
Introduction of Bills
Rep. Lori introduced
House Bill No. 4341, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2652 (MCL 333.2652), as amended by 2006 PA 301.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Ananich and Talabi introduced
House Bill No. 4342, entitled
A bill to establish a saving Michigan matching grant program; to establish the $ave Michigan grant fund; to authorize certain grants; to prescribe the powers and duties of certain state agencies and officials; and to provide for an appropriation.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Nathan introduced
House Bill No. 4343, entitled
A bill to amend 1990 PA 271, entitled “Limousine transportation act,” by amending section 7 (MCL 257.1907), as amended by 2000 PA 487.
The bill was read a first time by its title and referred to the Committee on Local Government.
Reps. Stallworth, Talabi, Rutledge, Kosowski, Yanez, Stanley, Tlaib, Greimel and Durhal introduced
House Bill No. 4344, entitled
A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending section 2 (MCL 28.602), as amended by 2004 PA 379.
The bill was read a first time by its title and referred to the Committee on Local Government.
Reps. Stallworth, Talabi, Rutledge, Kosowski, Knezek, Brown, Lipton, Tlaib, Greimel and Durhal introduced
House Bill No. 4345, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5474d.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Stallworth, Tlaib, Talabi, Rutledge, Greimel, Walsh, Pettalia and Durhal introduced
House Bill No. 4346, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 316 (MCL 750.316), as amended by 2006 PA 415.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. Price, Denby, Jacobsen, Daley, O’Brien and Poleski introduced
House Bill No. 4347, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2012 PA 497.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Nesbitt introduced
House Bill No. 4348, entitled
A bill to amend 1967 PA 288, entitled “Land division act,” by amending section 108 (MCL 560.108), as added by 1996 PA 591.
The bill was read a first time by its title and referred to the Committee on Local Government.
Rep. Crawford introduced
House Bill No. 4349, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices 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 sections 2 and 2a (MCL 28.422 and 28.422a), as amended by 2012 PA 377.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Leonard, Outman, Kesto, Kurtz, Kelly, Haines, Lauwers, Johnson and LaVoy introduced
House Bill No. 4350, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices 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 5o (MCL 28.425o), as amended by 2012 PA 123.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Singh, Kivela, Zemke, Kelly, LaVoy, Knezek, Howrylak and Cavanagh introduced
House Bill No. 4351, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1335 (MCL 600.1335), as amended by 2004 PA 12.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Lyons, Graves, Haines, Walsh and Lipton introduced
House Bill No. 4352, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17745, 17751, 17754, and 17757 (MCL 333.17745, 333.17751, 333.17754, and 333.17757), sections 17745 and 17757 as amended by 2011 PA 210 and sections 17751 and 17754 as amended by 2012 PA 209, and by adding section 17744a.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Lyons, Graves, Haines, Walsh and Lipton introduced
House Bill No. 4353, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1178 and 1179 (MCL 380.1178 and 380.1179), section 1178 as amended by 2006 PA 48 and section 1179 as amended by 2004 PA 73, and by adding section 1179a.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Walsh, Howrylak, Haines, Lyons and Johnson introduced
House Bill No. 4354, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2912i.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Clemente and Poleski introduced
House Bill No. 4355, entitled
A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 57 (MCL 559.157).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Hobbs introduced
House Bill No. 4356, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712A.32) by adding section 19d to chapter XIIA.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Heise, Graves, Slavens and Knezek introduced
House Bill No. 4357, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9o (MCL 211.9o), as added by 2012 PA 402.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Schmidt introduced
House Bill No. 4358, entitled
A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 2 and 6a (MCL 207.212 and 207.216a), section 2 as amended by 2006 PA 346 and section 6a as added by 1996 PA 584.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Rep. Schmidt introduced
House Bill No. 4359, entitled
A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 6, 8, and 152 (MCL 207.1002, 207.1006, 207.1008, and 207.1152), section 2 as amended by 2002 PA 668 and section 8 as amended by 2006 PA 268.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Knezek, Santana, Kosowski, Yanez, Dianda, Stallworth, Ananich, Darany, Segal, Brinks, Crawford, Hooker, Barnett, Slavens, Singh, Lane, Banks, Zemke, Cavanagh, Kelly, Haines, Driskell, Zorn, Haugh, LaVoy, Rutledge, Cochran, Dillon, Hobbs, Townsend, Robinson, Smiley, Brown, Stanley, Brunner, Geiss, Lipton, Outman, Genetski, Kesto, Muxlow, Tlaib, Roberts, MacGregor and Oakes introduced
House Joint Resolution L, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 5 and 6 of article VIII, to require public universities to consider certain veterans of the armed forces residents of this state for determining their tuition rates.
The joint resolution was read a first time by its title and referred to the Committee on Military and Veterans Affairs.
Reps. Knezek, Santana, Kosowski, Yanez, Dianda, Stallworth, Ananich, Darany, Segal, Brinks, Crawford, Hooker, Barnett, Slavens, Singh, Lane, Banks, Zemke, Cavanagh, Kelly, Haines, Driskell, Zorn, Haugh, LaVoy, Cochran, Dillon, Rutledge, Hobbs, Townsend, Robinson, Smiley, Brown, Stanley, Brunner, Geiss, Lipton, Outman, Kesto, Muxlow, Tlaib, Roberts, MacGregor and Oakes introduced
House Joint Resolution M, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 7 of article VIII, to require each public community and junior college to consider active duty members and honorably discharged veterans of the armed forces as residents of that college’s district for determining their tuition rates.
The joint resolution was read a first time by its title and referred to the Committee on Military and Veterans Affairs.
Announcements by the Clerk
The Clerk received the following dissent on House Bill No. 4111, from Rep. Irwin:
I continue to object to the imprecise procedure of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4052, from Rep. Irwin:
I continue to object to the imprecise procedure of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on House Bill No. 4053, from Rep. Irwin:
I continue to object to the imprecise procedure of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on Senate Bill No. 61, from Rep. Irwin:
I continue to object to the imprecise procedure of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
The Clerk received the following dissent on Senate Bill No. 62, from Rep. Irwin:
I continue to object to the imprecise procedure of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.
______
Rep. Schor moved that the House adjourn.
The motion prevailed, the time being 1:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, March 5, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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