No. 35
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
97th Legislature
REGULAR SESSION OF 2014
House Chamber, Lansing, Thursday, March 27, 2014.
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 Glardon—present LaVoy—present Roberts—present
Banks—present Goike—present Leonard—present Robinson—present
Barnett—present Graves—present Lipton—excused Rogers—present
Bolger—present Greimel—present Lori—present Rutledge—present
Brinks—present Haines—present Lund—present Santana—present
Brown—present Haugh—present Lyons—present Schmidt—present
Brunner—present Haveman—present MacGregor—present Schor—present
Bumstead—present Heise—present MacMaster—present Segal—present
Callton—present Hobbs—present McBroom—present Shirkey—present
Cavanagh—present Hooker—present McCann—present Singh—present
Clemente—present Hovey-Wright—present McCready—present Slavens—present
Cochran—present Howrylak—present McMillin—present Smiley—present
Cotter—present Irwin—present Muxlow—present Somerville—present
Crawford—present Jacobsen—present Nathan—present Stallworth—present
Daley—present Jenkins—present Nesbitt—present Stamas—present
Darany—present Johnson—present O’Brien—present Stanley—present
Denby—present Kandrevas—present Oakes—present Switalski—present
Dianda—present Kelly—present Olumba—present Talabi—present
Dillon—present Kesto—present Outman—present Tlaib—present
Driskell—excused Kivela—present Pagel—present Townsend—present
Durhal—present Knezek—present Pettalia—present VerHeulen—present
Faris—present Kosowski—present Phelps—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 Lauwers—present
e/d/s = entered during session
Pastor Craig T. Owens, Pastor of Calvary Assembly of God in Cedar Springs, offered the following invocation:
“Almighty God,
Your Word, the Bible, tells us that ‘the Most High is sovereign over the kingdoms of men and gives them to anyone He wishes’ [Daniel 4:25]. And that ‘there is no authority except that which God has established’ [Romans 13:1]. This is why the Apostle Paul said, ‘I urge, then, first of all, that requests, prayers, intercession and thanksgiving be made for everyone ... for all those in authority, that we may live peaceful and quiet lives in all godliness and holiness. This is good and pleases God our Savior’ [1 Timothy 2:1-3].
Heavenly Father, the issues before this body of elected representatives today are not unknown to You. Neither are the House members who will be discussing these issues unknown to You. You have established both the authority and the persons of authority in this great chamber today.
Therefore, it is well and good, and pleasing to You, that I humbly ask for wisdom for Your servants. You have told us that wisdom will be ‘given generously’ to all who ask You for it [James 1:5]. And that by Your wisdom officials ‘rule wisely’ [Proverbs 8:15]. Give these members of the House such wisdom to deliberate and to decide in a fashion that pleases Your righteousness and Your justice.
In the Name of Your Son Jesus I pray. Amen.”
______
Rep. Rutledge moved that Reps. Driskell and Lipton be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Hovey-Wright, Abed, Brown, Singh, Zemke, Santana, Robinson, Switalski, Lamonte, Geiss, Smiley, Brunner, Rutledge, Cotter, Slavens, Lauwers, Kurtz, Schmidt, Denby, Jacobsen, Price, LaVoy, Pettalia, Barnett, Durhal and Roberts offered the following resolution:
House Resolution No. 331.
A resolution to declare March 2014 as Social Work Month in the state of Michigan.
Whereas, The primary mission of the social work profession is to enhance human well being and help meet the basic needs of all people, especially the most vulnerable in society; and
Whereas, Social work pioneers helped lead America’s struggle for social justice; and
Whereas, Social workers know that poverty and trauma can create lifelong social and economic disadvantages; and
Whereas, Social workers know that discrimination of any kind limits human potential and must be eliminated; and
Whereas, Social workers stand up for individuals and support diverse families in every community; and
Whereas, Social workers help people in every stage of life function better in their environments, improve their relationships with others, and solve personal and family problems; and
Whereas, All children have the right to safe environments and quality education; and
Whereas, Dignity and caregiving for older adults help define a nation’s character; and
Whereas, Veterans and their families need community support to ensure successful transitions after service; and
Whereas, Access to mental health treatment and health care services saves millions of lives; and
Whereas, Social workers are change agents who put the ideals of citizenship into action every day; and
Whereas, Social workers believe in shared prosperity and opportunity for everyone; and
Whereas, Social work research and advocacy turn community needs into national priorities; and
Whereas, Social workers celebrate the courage, hope, and strength of the human spirit throughout their careers; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare March 2014 as Social Work Month in the state of Michigan. We recognize the numerous contributions made by our social workers and call upon all citizens to celebrate and support the social work profession.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Daley, Barnett, Brown, Cotter, Durhal, Heise, Howrylak, Kelly, LaVoy, Poleski, Price, Roberts and Slavens offered the following resolution:
House Resolution No. 332.
A resolution to declare March 2014 as Myeloma Awareness Month in the state of Michigan.
Whereas, Multiple myeloma, the second most common blood cancer worldwide, is a cancer of plasma cells in the bone marrow. It is called “multiple” because the cancer can occur at multiple sites; and
Whereas, Multiple myeloma currently affects more than 100,000 people in the United States with an estimated 20,000 new cases diagnosed and 10,000 losing their battle each year; and
Whereas, Once a disease of the elderly, it is now being found in increasing numbers in people under 65; and
Whereas, Because myeloma is a rare disease, there can be delayed diagnosis, leading to delayed treatment. For this reason, an increased awareness of myeloma for clinicians and the general public will lead to earlier diagnosis allowing people to live longer; and
Whereas, Continued investment and innovation is critical to achieve early diagnosis and implement the most effective and safest treatments for myeloma patients; and
Whereas, Although we have seen important advances in the last decade, there is still no cure for myeloma; and
Whereas, We are committed to increasing awareness of myeloma and encouraging private efforts to enhance research funding and education programs; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare March 2014 as Myeloma Awareness Month in the state of Michigan. We encourage all residents to participate in voluntary activities to support myeloma education and the funding of research programs to find a cure.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Stallworth, Talabi, Durhal, Hobbs, Smiley, LaVoy, Cochran, Dianda, Driskell, Dillon, Tlaib, Switalski, Banks, Townsend, Irwin, Singh, Olumba, Zemke, Oakes, Barnett and LaVoy offered the following resolution:
House Resolution No. 333.
A resolution to urge the federal and state administrations to use an expanded best value contracting model in the city of Detroit for certain projects, and generally, for road and bridge repair projects and blight removal within the city.
Whereas, Best value contracting practices are used by procurement teams to help select the contract offering the best value-for-dollar. Rather than relying on price alone in awarding contracts, the best value contract model takes into account other factors such as the quality and benefits of the proposal, quality of the performance metrics and evaluation method, risks associated with the proposal, the applicant’s management approach and controls, and the applicant’s management team. It also takes into account the past performance of the contractor as well as their past experiences. Procurement agents can vary the weight of these factors to help select the most ideal contractor for the project at hand; and
Whereas, The best value contract model can be expanded to maximize the positive impact of a project on local economies and communities while emphasizing that construction work be minimally invasive to the lives of local residents. This enhanced procurement model can include additional weights for qualify of life plans, local economic development, and local job expansion. Quality of life plans may include air quality monitoring and pollution mitigation plans, ambient plans, construction noise monitoring and mitigation plans, construction traffic and mobility monitoring plans, congestion mitigation plans, and limiting construction damage plans. Local economic development and job expansion weights may include whether contractors will rely on local supply chains, local contractors, and local skilled workers as well as whether they intend to deploy local non-skilled workforce development programs and workplace safety plans; and
Whereas, Several infrastructure projects with significant local, regional, and international implications are currently being proposed and undertaken within the city of Detroit. Projects like the New International Bridge Crossing, Continental Rail Gateway, International Port, Woodward Avenue M-1 Streetcar, and the city’s new sports arena—as well as other road and bridge repair projects and blight removal—are reshaping the city, modernizing the city’s infrastructure, and growing the local economy. Procurement agents should take into account quality of life plans, local economic development, and local job expansion benefits when awarding project contracts so that these projects can provide maximum benefit for the citizens of Detroit; now, therefore, be it
Resolved by the House of Representatives, That we urge the federal and state administrations to use an expanded best value contracting model in the city of Detroit for project proposals related to the New International Bridge Crossing, Continental Rail Gateway, International Port, Woodward Avenue M-1 Streetcar, the city’s new sports arena, and generally, for road and bridge repair projects and blight removal within the city; 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, Governor of the State of Michigan, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Transportation and Infrastructure.
Reps. Stallworth, Smiley, Faris, Brunner, Lamonte, Schor, Geiss, Kandrevas, Haines, Pettalia, LaVoy, Cavanagh, Stanley, Barnett, Brown, Durhal and Slavens offered the following resolution:
House Resolution No. 334.
A resolution to encourage Congress to enact legislation advocating for increased Hepatitis C virus awareness and testing of baby boomers.
Whereas, Hepatitis C is a contagious liver disease that affects millions of Americans. It results from infection with the Hepatitis C virus (HCV), which is spread primarily through contact with the blood of an infected person. People infected with HCV often have no symptoms and can live for decades without feeling sick. For some people, the disease can cause serious health problems including liver damage, cirrhosis, and even liver cancer. Hepatitis C is a leading cause of liver cancer, the leading reason for liver transplants, and causes thousands of deaths each year; and
Whereas, Adults born from 1945-1965, or baby boomers, are five times more likely to be infected with HCV than persons in other age groups. Treatments are available that can eliminate the virus from a person’s blood before it causes liver damage, but the majority of infected baby boomers are unaware they are infected, so they are not getting treated. Tragically, infected individuals often do not learn they carry HCV until it has caused significant liver damage; and
Whereas, Baby boomers make up the majority of chronic hepatitis C cases reported to the Michigan Disease Surveillance System. There were 8,005 cases of chronic hepatitis C reported in Michigan in 2012 for a rate of 81.0 cases per 100,000 people. But, case follow up and completion of epidemiological risk factors was completed for only 30% of these cases; and
Whereas, The current risk-based screening for HCV has been ineffective in identifying latent HCV infections in baby boomers. But recently, the Centers for Disease Control and Prevention recommended that all baby boomers be tested for HCV. The test can be completed anytime blood is drawn; laboratories check to see if the HCV antibody is present in the sample of blood. Those who test positive can receive follow up tests and information about treatment; now, therefore, be it
Resolved by the House of Representatives, That we encourage Congress to enact legislation advocating for increased Hepatitis C virus awareness and testing of baby boomers; 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, the members of the Michigan congressional delegation, and the Director of the Michigan Department of Community Health.
The resolution was referred to the Committee on Health Policy.
Reps. Barnett, Abed, Banks, Brinks, Brown, Brunner, Cochran, Cotter, Darany, Dillon, Durhal, Faris, Goike, Greimel, Haines, Heise, Irwin, Kandrevas, Kesto, Knezek, Kosowski, Kowall, Lamonte, Lane, McCann, Nathan, Outman, Pettalia, Potvin, Rendon, Roberts, Rutledge, Santana, Schmidt, Schor, Segal, Singh, Slavens, Smiley, Stallworth, Switalski, Tlaib, Townsend, VerHeulen and Zemke offered the following resolution:
House Resolution No. 335.
A resolution to declare March 24-31, 2014, as Workplace Safety Week in the state of Michigan.
Whereas, The Triangle Shirtwaist Factory, specializing in female blouses, employed over 500 immigrant workers and experienced a widespread, gruesome factory fire on March 25, 1911, where 146 workers perished; and
Whereas, A majority of the workers who perished in this fire were female immigrants, sometimes not older than 13 to 14 years old, who lived under immense poverty, received inadequate wages, and were forced to work long hours and six-day weeks; and
Whereas, The Triangle Shirtwaist Factory showed severe disregard for safety standards, as business owners were not legally mandated by either the federal or state government to implement safety procedures to protect employees in the workplace; and
Whereas, The Triangle Shirtwaist Factory allowed unsafe working conditions in its factory setting for employees who used sewing machines in cramped spaces with cotton pieces covering the floor that helped to spread the fire, as well as failed to repair building features, including three broken elevators and jammed doors preventing entry and exit; and
Whereas, The public shock and outrage following the Triangle Shirtwaist Factory Fire catalyzed immense social pressure to protect workers on the job, including adopting eight-hour work weeks, establishing minimum wages, child labor laws, periodic factory inspections, among other appeals; and
Whereas, The Triangle Shirtwaist Factory Fire sparked outrage and discussion on reform throughout Michigan as evident from the 1912 Michigan Conference of Charities and Corrections where residents addressed labor issues, including child labor and raising the minimum work age in Michigan that has continuously been reevaluated since the 1880s as to whether Michigan children should acquire employment instead of attending school; and
Whereas, The Triangle Shirtwaist Factory Fire encouraged Michigan to address labor issues centered around improving the “common welfare” for Michigan residents and Michigan made progress adopting labor reforms including Michigan Governor Chase S. Osborn’s signing of the Michigan Workmen’s Compensation Act in 1912, which provided compensation to injured workers for the first time in Michigan’s history; and
Whereas, The Triangle Shirtwaist Company tragedy led to new federal safety guidelines becoming implemented that ensured business owners provided safe working environments for their employees in order to minimize work injury and death; now, therefore, be it
Resolved by the House of Representatives, That members of this legislative body declare March 24-31, 2014, as Workplace Safety Week in the state of Michigan. We recognize the 103rd anniversary of the Triangle Shirtwaist Company Fire in New York City, commemorate the victims of this horrific incident, and continue to dedicate state efforts towards guaranteeing Michigan law protects workers from workplace accidents. Michigan continues to be committed to protecting workers and ensuring businesses established in Michigan adopt and maintain safety procedures in the workplace.
The question being on the adoption of the resolution,
Rep. Barnett moved to substitute (H-1) the resolution as follows:
House Resolution No. 335.
A resolution to declare March 24-31, 2014, as Workplace Safety Week in the state of Michigan.
Whereas, The Triangle Shirtwaist Factory, specializing in female blouses, employed over 500 immigrant workers and experienced a widespread, gruesome factory fire on March 25, 1911, where 146 workers perished; and
Whereas, A majority of the workers who perished in this fire were female immigrants, sometimes not older than 13 to 14 years old, who lived under immense poverty, received inadequate wages, and were forced to work long hours and six-day weeks; and
Whereas, The Triangle Shirtwaist Factory showed severe disregard for safety standards, as business owners were not legally mandated by either the federal or state government to implement safety procedures to protect employees in the workplace; and
Whereas, The Triangle Shirtwaist Factory allowed unsafe working conditions in its factory setting for employees who used sewing machines in cramped spaces with cotton pieces covering the floor that helped to spread the fire, as well as failed to repair building features, including three broken elevators and jammed doors preventing entry and exit; and
Whereas, The public shock and outrage following the Triangle Shirtwaist Factory Fire catalyzed immense social pressure to protect workers on the job, including adopting eight-hour work days, establishing minimum wages, child labor laws, periodic factory inspections, among other appeals; and
Whereas, The Triangle Shirtwaist Factory Fire sparked outrage and discussion on reform throughout Michigan as evident from the 1912 Michigan Conference of Charities and Corrections where residents addressed labor issues, including child labor and raising the minimum work age in Michigan that has continuously been reevaluated since the 1880s as to whether Michigan children should acquire employment instead of attending school; and
Whereas, The Triangle Shirtwaist Factory Fire encouraged Michigan to address labor issues centered around improving the “common welfare” for Michigan residents and Michigan made progress adopting labor reforms including Michigan Governor Chase S. Osborn’s signing of the Michigan Workmen’s Compensation Act in 1912, which provided compensation to injured workers for the first time in Michigan’s history; and
Whereas, The Triangle Shirtwaist Company tragedy led to new federal safety guidelines becoming implemented that ensured business owners provided safe working environments for their employees in order to minimize work injury and death; now, therefore, be it
Resolved by the House of Representatives, That members of this legislative body declare March 24-31, 2014, as Workplace Safety Week in the state of Michigan. We recognize the 103rd anniversary of the Triangle Shirtwaist Company Fire in New York City, commemorate the victims of this horrific incident, and continue to dedicate state efforts towards guaranteeing Michigan law protects workers from workplace accidents. Michigan continues to be committed to protecting workers and ensuring businesses established in Michigan adopt and maintain safety procedures in the workplace.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Knezek, Irwin, Schor and Switalski offered the following concurrent resolution:
House Concurrent Resolution No. 26.
A concurrent resolution to memorialize the Congress of the United States to support investment in low-income and rural communities by extending and expanding the New Markets Tax Credit Program.
Whereas, Established by the Community Renewal Tax Relief Act of 2000, the New Market Tax Credit (NMTC) Program seeks to encourage new or more substantial business or real estate investments in low-income and rural communities. In exchange for providing capital support in these communities, investors making equity investments into specialized financial institutions, referred to as Community Development Entities, may obtain a credit valued up to 39 percent of their original investment, claimed over a span of seven years, on their federal income tax return. Community Development Entities use these investments to provide loans, investments, and financial counseling to area businesses and real estate projects; and
Whereas, The NMTC Program has proven it can attract private capital to economically disadvantaged communities, create jobs, generate new business opportunities, and improve local economies. Since 2003, the NMTC has spurred $60 billion in capital investments and created 550,000 jobs in low-income and rural communities. The capital infused by these projects has been used to resurrect manufacturing facilities, reopen vacant commercial spaces, and revitalize neighborhoods. The NMTC creates jobs in areas that need them the most and increases property taxes for cash-strapped local governments. Moreover, it has produced an efficient investment-to-credit ratio. The federal NMTC generates $8 in private investments for every $1 provided in federal credits; and
Whereas, Despite the unquestioned benefit on our hardest hit communities, the NMTC was allowed to expire in 2013. Low-income and rural communities need this credit program restored to help in their ongoing effort to rebuild and revitalize their communities. In addition, legislation like S. 1133 of 2013 that permanently affixes the credit to the Internal Revenue Code and sets the maximum credit limit to be annually adjusted for inflation will provide a boost to our communities for years to come. Congress should take the actions necessary to restore this program and expand the credit; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to support investment in low-income and rural communities by extending and expanding the New Markets Tax Credit Program; 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 concurrent resolution was referred to the Committee on Tax Policy.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Messages from the Senate
House Bill No. 5152, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 209, 239, 269, 311, 370, 370a, 386, 388, 409l, 424, 444, 467m, 509gg, and 544c (MCL 168.209, 168.239, 168.269, 168.311, 168.370, 168.370a, 168.386, 168.388, 168.409l, 168.424, 168.444, 168.467m, 168.509gg, and 168.544c), sections 209, 239, and 269 as amended by 1990 PA 7, section 311 as amended by 2004 PA 289, sections 370 and 509gg as amended by 2005 PA 71, section 370a as amended by 1990 PA 83, sections 386 and 388 as added by 2012 PA 586, sections 409l, 424, 444, and 467m as amended by 1999 PA 218, and section 544c as amended by 2002 PA 431.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 209, 239, 269, 311, 370, 370a, 386, 388, 409l, 424, 444, 467m, 509gg, 544c, 558, and 659 (MCL 168.209, 168.239, 168.269, 168.311, 168.370, 168.370a, 168.386, 168.388, 168.409l, 168.424, 168.444, 168.467m, 168.509gg, 168.544c, 168.558, and 168.659), sections 209, 239, and 269 as amended by 1990 PA 7, section 311 as amended by 2004 PA 289, sections 370 and 509gg as amended by 2005 PA 71, section 370a as amended by 1990 PA 83, sections 386 and 388 as added and sections 558 and 659 as amended by 2012 PA 586, sections 409l, 424, 444, and 467m as amended by 1999 PA 218, and section 544c as amended by 2002 PA 431.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 170 Yeas—84
Abed Genetski LaFontaine Pettalia
Bolger Glardon Lamonte Poleski
Brinks Goike Lane Potvin
Brown Graves Lauwers Price
Bumstead Greimel LaVoy Pscholka
Callton Haines Leonard Rendon
Clemente Haugh Lori Rogers
Cochran Haveman Lund Rutledge
Cotter Heise Lyons Schmidt
Crawford Hooker MacGregor Schor
Daley Hovey-Wright MacMaster Segal
Darany Howrylak McBroom Shirkey
Denby Jacobsen McCann Slavens
Dianda Jenkins McCready Somerville
Dillon Johnson McMillin Stamas
Durhal Kandrevas Muxlow Talabi
Farrington Kelly Nesbitt VerHeulen
Forlini Kesto O’Brien Victory
Foster Kivela Oakes Walsh
Franz Kowall Outman Yonker
Geiss Kurtz Pagel Zorn
Nays—24
Banks Irwin Roberts Stanley
Barnett Knezek Robinson Switalski
Brunner Kosowski Santana Tlaib
Cavanagh Nathan Singh Townsend
Faris Olumba Smiley Yanez
Hobbs Phelps Stallworth Zemke
In The Chair: Walsh
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4865, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 216.
The Senate has substituted (S-4) the bill.
The Senate has passed the bill as substituted (S-4), 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. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-4) made to the bill by the Senate,
The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 171 Yeas—106
Abed Goike LaVoy Robinson
Banks Graves Leonard Rogers
Barnett Greimel Lori Rutledge
Bolger Haines Lund Santana
Brinks Haugh Lyons Schmidt
Brown Haveman MacGregor Schor
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Singh
Clemente Hovey-Wright McCready Slavens
Cochran Howrylak McMillin Smiley
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson O’Brien Stanley
Denby Kandrevas Oakes Switalski
Dianda Kelly Olumba Talabi
Dillon Kesto Outman Tlaib
Durhal Kivela Pagel Townsend
Faris Knezek Pettalia VerHeulen
Farrington Kosowski Poleski Victory
Forlini Kowall Potvin Walsh
Foster Kurtz Price Yanez
Franz LaFontaine Pscholka Yonker
Geiss Lamonte Rendon Zemke
Genetski Lane Roberts Zorn
Glardon Lauwers
Nays—2
Brunner Phelps
In The Chair: Walsh
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. 4648, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 39 of chapter X (MCL 710.39), as amended by 1998 PA 94.
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. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 172 Yeas—97
Abed Goike LaVoy Rendon
Barnett Graves Leonard Roberts
Bolger Greimel Lori Rogers
Brinks Haines Lund Rutledge
Brown Haugh Lyons Santana
Brunner Haveman MacGregor Schmidt
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Slavens
Clemente Hovey-Wright McCready Smiley
Cochran Jacobsen McMillin Somerville
Cotter Jenkins Muxlow Stamas
Crawford Johnson Nesbitt Stanley
Daley Kandrevas O’Brien Switalski
Darany Kelly Oakes Talabi
Denby Kesto Olumba Tlaib
Dianda Kivela Outman Townsend
Dillon Kosowski Pagel VerHeulen
Durhal Kowall Pettalia Victory
Farrington Kurtz Phelps Walsh
Forlini LaFontaine Poleski Yanez
Foster Lamonte Potvin Yonker
Franz Lane Price Zemke
Genetski Lauwers Pscholka Zorn
Glardon
Nays—11
Banks Howrylak Nathan Singh
Faris Irwin Robinson Stallworth
Geiss Knezek Schor
In The Chair: Walsh
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. 4647, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 56 of chapter X (MCL 710.56), as amended by 2004 PA 487.
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. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 173 Yeas—105
Abed Glardon Lane Roberts
Banks Goike Lauwers Rogers
Barnett Graves LaVoy Rutledge
Bolger Greimel Leonard 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 Nesbitt Stanley
Darany Johnson O’Brien Switalski
Denby Kandrevas Oakes Talabi
Dianda Kelly Outman Tlaib
Dillon Kesto Pagel Townsend
Durhal Kivela Pettalia VerHeulen
Faris Knezek Phelps Victory
Farrington Kosowski Poleski Walsh
Forlini Kowall Potvin Yanez
Foster Kurtz Price Yonker
Franz LaFontaine Pscholka Zemke
Geiss Lamonte Rendon Zorn
Genetski
Nays—3
Nathan Olumba Robinson
In The Chair: Walsh
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. 4646, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 23d, 29, and 44 of chapter X (MCL 710.23d, 710.29, and 710.44), section 23d as amended by 2004 PA 487 and sections 29 and 44 as amended by 1996 PA 409.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), 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. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 174 Yeas—98
Abed Genetski Lane Rendon
Banks Glardon Lauwers Rogers
Barnett Goike LaVoy Rutledge
Bolger Graves Leonard Schmidt
Brinks Greimel Lori Schor
Brown Haines Lund Segal
Brunner Haugh Lyons Shirkey
Bumstead Haveman MacGregor Singh
Callton Heise MacMaster Slavens
Cavanagh Hobbs McBroom Smiley
Clemente Hooker McCann Somerville
Cochran Hovey-Wright McCready Stallworth
Cotter Jacobsen McMillin Stamas
Crawford Jenkins Muxlow Stanley
Daley Johnson Nesbitt Switalski
Darany Kandrevas O’Brien Talabi
Denby Kelly Oakes Townsend
Dianda Kesto Outman VerHeulen
Dillon Kivela Pagel Victory
Durhal Knezek Pettalia Walsh
Farrington Kosowski Poleski Yanez
Forlini Kowall Potvin Yonker
Foster Kurtz Price Zemke
Franz LaFontaine Pscholka Zorn
Geiss Lamonte
Nays—10
Faris Nathan Roberts Santana
Howrylak Olumba Robinson Tlaib
Irwin Phelps
In The Chair: Walsh
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. 4908, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16c of chapter XVII (MCL 777.16c), as amended by 2013 PA 124; 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 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. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 175 Yeas—107
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Rogers
Barnett Graves Leonard 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
Durhal Kivela Pagel VerHeulen
Faris Knezek Pettalia Victory
Farrington Kosowski Phelps Walsh
Forlini Kowall Poleski Yanez
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zemke
Geiss Lamonte Pscholka Zorn
Genetski Lane Rendon
Nays—1
Robinson
In The Chair: Walsh
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. 4907, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 78 and 79 (MCL 750.78 and 750.79), as amended by 2012 PA 533.
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. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 176 Yeas—107
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Rogers
Barnett Graves Leonard 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
Durhal Kivela Pagel VerHeulen
Faris Knezek Pettalia Victory
Farrington Kosowski Phelps Walsh
Forlini Kowall Poleski Yanez
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zemke
Geiss Lamonte Pscholka Zorn
Genetski Lane Rendon
Nays—1
Robinson
In The Chair: Walsh
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. 4478, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 500 and 501 (MCL 168.500 and 168.501), section 501 as amended by 2005 PA 71, and by adding sections 19 and 755a.
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 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 32, 500, and 501 (MCL 168.32, 168.500, and 168.501), section 32 as amended by 2012 PA 276 and section 501 as amended by 2005 PA 71, and by adding sections 19 and 755a.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Stamas moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 177 Yeas—108
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lori Rutledge
Brinks Haines Lund Santana
Brown Haugh Lyons Schmidt
Brunner Haveman MacGregor Schor
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Singh
Clemente Hovey-Wright McCready Slavens
Cochran Howrylak McMillin Smiley
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson O’Brien Stanley
Denby Kandrevas Oakes Switalski
Dianda Kelly Olumba Talabi
Dillon Kesto Outman Tlaib
Durhal Kivela Pagel Townsend
Faris Knezek Pettalia VerHeulen
Farrington Kosowski Phelps Victory
Forlini Kowall Poleski Walsh
Foster Kurtz Potvin Yanez
Franz LaFontaine Price Yonker
Geiss Lamonte Pscholka Zemke
Genetski Lane Rendon Zorn
Nays—0
In The Chair: Walsh
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Stamas moved that Rule 3(4) be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Cotter to the Chair.
Third Reading of Bills
House Bill No. 4936, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 83.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 178 Yeas—108
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lori Rutledge
Brinks Haines Lund Santana
Brown Haugh Lyons Schmidt
Brunner Haveman MacGregor Schor
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Singh
Clemente Hovey-Wright McCready Slavens
Cochran Howrylak McMillin Smiley
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson O’Brien Stanley
Denby Kandrevas Oakes Switalski
Dianda Kelly Olumba Talabi
Dillon Kesto Outman Tlaib
Durhal Kivela Pagel Townsend
Faris Knezek Pettalia VerHeulen
Farrington Kosowski Phelps Victory
Forlini Kowall Poleski Walsh
Foster Kurtz Potvin Yanez
Franz LaFontaine Price Yonker
Geiss Lamonte Pscholka Zemke
Genetski Lane Rendon Zorn
Nays—0
In The Chair: Cotter
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. 4957, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1068.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 179 Yeas—108
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lori Rutledge
Brinks Haines Lund Santana
Brown Haugh Lyons Schmidt
Brunner Haveman MacGregor Schor
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Singh
Clemente Hovey-Wright McCready Slavens
Cochran Howrylak McMillin Smiley
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson O’Brien Stanley
Denby Kandrevas Oakes Switalski
Dianda Kelly Olumba Talabi
Dillon Kesto Outman Tlaib
Durhal Kivela Pagel Townsend
Faris Knezek Pettalia VerHeulen
Farrington Kosowski Phelps Victory
Forlini Kowall Poleski Walsh
Foster Kurtz Potvin Yanez
Franz LaFontaine Price Yonker
Geiss Lamonte Pscholka Zemke
Genetski Lane Rendon Zorn
Nays—0
In The Chair: Cotter
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. 5072, entitled
A bill to amend 1993 PA 69, entitled “An act to designate certain highways within this state as Michigan heritage routes; to provide procedures for additions, deletions, or changes to these routes; and to prescribe the powers and duties of certain state agencies,” by amending the title and sections 1, 2, 4, 6, 7, and 8 (MCL 247.951, 247.952, 247.954, 247.956, 247.957, and 247.958) and by adding section 7a; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 180 Yeas—105
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Rogers
Barnett Graves Leonard 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 Irwin Muxlow Somerville
Cotter Jacobsen Nathan Stallworth
Crawford Jenkins Nesbitt Stamas
Daley Johnson O’Brien Stanley
Darany Kandrevas Oakes Switalski
Denby Kelly Olumba Talabi
Dianda Kesto Outman Tlaib
Dillon Kivela Pagel Townsend
Durhal Knezek Pettalia VerHeulen
Faris Kosowski Phelps Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski
Nays—3
Howrylak McMillin Robinson
In The Chair: Cotter
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. 4601, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 71.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 181 Yeas—108
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lori Rutledge
Brinks Haines Lund Santana
Brown Haugh Lyons Schmidt
Brunner Haveman MacGregor Schor
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Singh
Clemente Hovey-Wright McCready Slavens
Cochran Howrylak McMillin Smiley
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson O’Brien Stanley
Denby Kandrevas Oakes Switalski
Dianda Kelly Olumba Talabi
Dillon Kesto Outman Tlaib
Durhal Kivela Pagel Townsend
Faris Knezek Pettalia VerHeulen
Farrington Kosowski Phelps Victory
Forlini Kowall Poleski Walsh
Foster Kurtz Potvin Yanez
Franz LaFontaine Price Yonker
Geiss Lamonte Pscholka Zemke
Genetski Lane Rendon Zorn
Nays—0
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Lyons moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5257, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 81.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 182 Yeas—108
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lori Rutledge
Brinks Haines Lund Santana
Brown Haugh Lyons Schmidt
Brunner Haveman MacGregor Schor
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Singh
Clemente Hovey-Wright McCready Slavens
Cochran Howrylak McMillin Smiley
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson O’Brien Stanley
Denby Kandrevas Oakes Switalski
Dianda Kelly Olumba Talabi
Dillon Kesto Outman Tlaib
Durhal Kivela Pagel Townsend
Faris Knezek Pettalia VerHeulen
Farrington Kosowski Phelps Victory
Forlini Kowall Poleski Walsh
Foster Kurtz Potvin Yanez
Franz LaFontaine Price Yonker
Geiss Lamonte Pscholka Zemke
Genetski Lane Rendon Zorn
Nays—0
In The Chair: Cotter
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. 5064, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 84.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 183 Yeas—108
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lori Rutledge
Brinks Haines Lund Santana
Brown Haugh Lyons Schmidt
Brunner Haveman MacGregor Schor
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Singh
Clemente Hovey-Wright McCready Slavens
Cochran Howrylak McMillin Smiley
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson O’Brien Stanley
Denby Kandrevas Oakes Switalski
Dianda Kelly Olumba Talabi
Dillon Kesto Outman Tlaib
Durhal Kivela Pagel Townsend
Faris Knezek Pettalia VerHeulen
Farrington Kosowski Phelps Victory
Forlini Kowall Poleski Walsh
Foster Kurtz Potvin Yanez
Franz LaFontaine Price Yonker
Geiss Lamonte Pscholka Zemke
Genetski Lane Rendon Zorn
Nays—0
In The Chair: Cotter
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.
Reps. Barnett, Brinks, Brown, Brunner, Cavanagh, Cochran, Cotter, Crawford, Denby, Dianda, Durhal, Faris, Forlini, Franz, Geiss, Genetski, Graves, Greimel, Haines, Haugh, Haveman, Heise, Hobbs, Irwin, Kandrevas, Kelly, Kivela, Knezek, Kosowski, Kowall, Kurtz, Lamonte, Lane, LaVoy, Lyons, MacMaster, McCann, O’Brien, Oakes, Phelps, Poleski, Potvin, Pscholka, Rendon, Robinson, Schmidt, Schor, Singh, Slavens, Smiley, Somerville, Stallworth, Stanley, Talabi, Townsend, Yanez and Yonker were named co‑sponsors of the bill.
House Bill No. 5240, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2012 PA 363.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 184 Yeas—104
Abed Genetski LaVoy Roberts
Banks Glardon Leonard Rogers
Barnett Goike Lori Rutledge
Bolger Graves Lund Santana
Brinks Greimel Lyons Schmidt
Brown Haines MacGregor Schor
Brunner Haugh MacMaster Segal
Bumstead Haveman McBroom Shirkey
Callton Heise McCann Singh
Cavanagh Hobbs McCready Slavens
Clemente Hovey-Wright McMillin Smiley
Cochran Howrylak Muxlow Somerville
Cotter Irwin Nathan Stallworth
Crawford Jacobsen Nesbitt Stamas
Daley Jenkins O’Brien Stanley
Darany Johnson Oakes Switalski
Denby Kandrevas Olumba Talabi
Dianda Kesto Outman Tlaib
Dillon Kivela Pagel Townsend
Durhal Knezek Pettalia VerHeulen
Faris Kosowski Phelps Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Nays—4
Hooker Kelly Lauwers Robinson
In The Chair: Cotter
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. 5241, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 2 (MCL 28.722), as amended by 2011 PA 17.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 185 Yeas—106
Abed Glardon LaVoy Roberts
Banks Goike Leonard Rogers
Barnett Graves Lori Rutledge
Bolger Greimel Lund Santana
Brinks Haines Lyons Schmidt
Brown Haugh MacGregor Schor
Brunner Haveman MacMaster Segal
Bumstead Heise McBroom Shirkey
Callton Hobbs McCann Singh
Cavanagh Hooker McCready Slavens
Clemente Hovey-Wright McMillin Smiley
Cochran Howrylak Muxlow Somerville
Cotter Jacobsen Nathan Stallworth
Crawford Jenkins Nesbitt Stamas
Daley Johnson O’Brien Stanley
Darany Kandrevas Oakes Switalski
Denby Kelly Olumba Talabi
Dianda Kesto Outman Tlaib
Dillon Kivela Pagel Townsend
Durhal Knezek Pettalia VerHeulen
Faris Kosowski Phelps Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski Lauwers
Nays—2
Irwin Robinson
In The Chair: Cotter
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.
Senate Bill No. 622, entitled
A bill to amend 2012 PA 474, entitled “An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending sections 3a, 4, and 4o (MCL 205.93a, 205.94, and 205.94o), section 3a as amended by 2012 PA 299, section 4 as amended by 2008 PA 314, and section 4o as amended by 2010 PA 115,” by amending enacting section 1.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 186 Yeas—106
Abed Glardon LaVoy Roberts
Banks Goike Leonard Rogers
Barnett Graves Lori Rutledge
Bolger Greimel Lund Santana
Brinks Haines Lyons Schmidt
Brown Haugh MacGregor Schor
Brunner Haveman MacMaster Segal
Bumstead Heise McBroom Shirkey
Callton Hobbs McCann Singh
Cavanagh Hovey-Wright McCready Slavens
Clemente Howrylak McMillin Smiley
Cochran Irwin Muxlow Somerville
Cotter Jacobsen Nathan Stallworth
Crawford Jenkins Nesbitt Stamas
Daley Johnson O’Brien Stanley
Darany Kandrevas Oakes Switalski
Denby Kelly Olumba Talabi
Dianda Kesto Outman Tlaib
Dillon Kivela Pagel Townsend
Durhal Knezek Pettalia VerHeulen
Faris Kosowski Phelps Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski Lauwers
Nays—2
Hooker Robinson
In The Chair: Cotter
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.
______
Associate Speaker Pro Tempore Cotter called Associate Speaker Pro Tempore O’Brien to the Chair.
Second Reading of Bills
House Bill No. 4135, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2012 PA 524.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Haveman moved to substitute (H-5) the bill.
The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. McMillin moved to substitute (H-7) the bill.
The motion did not prevail and the substitute (H-7) was not adopted, a majority of the members serving not voting therefor.
Rep. Foster moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stamas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4135, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2012 PA 524.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 187 Yeas—85
Abed Glardon Lane Rendon
Barnett Goike Lauwers Rogers
Bolger Graves LaVoy Rutledge
Brinks Greimel Leonard Schmidt
Brown Haines Lori Schor
Brunner Haugh Lund Segal
Bumstead Haveman Lyons Shirkey
Callton Heise MacGregor Singh
Cavanagh Hobbs McCann Slavens
Clemente Jacobsen McCready Smiley
Cochran Jenkins Muxlow Somerville
Cotter Johnson Nathan Stallworth
Crawford Kandrevas Nesbitt Stamas
Daley Kelly O’Brien Stanley
Darany Kesto Oakes Switalski
Denby Kivela Outman Townsend
Dianda Knezek Pagel VerHeulen
Dillon Kosowski Pettalia Victory
Farrington Kowall Potvin Walsh
Foster LaFontaine Price Yonker
Geiss Lamonte Pscholka Zemke
Genetski
Nays—23
Banks Hovey-Wright McMillin Santana
Durhal Howrylak Olumba Talabi
Faris Irwin Phelps Tlaib
Forlini Kurtz Poleski Yanez
Franz MacMaster Roberts Zorn
Hooker McBroom Robinson
In The Chair: O’Brien
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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:
From what I have heard from the proponents of HB 4135, the biggest concern is with getting purchasers of the foreclosed properties to qualify for financing. The higher tax under a non-PRE millage causes problems with qualification. The escrow payment is higher than it would have been if the property had continued to enjoy the PRE.
So, if the problem is with getting the new homestead purchaser to enjoy the PRE, we should focus on getting the PRE in place as soon as the property is sold to someone who qualifies.
In the meantime, while the property is held by a person or entity who does not use the property as their Principal Residence, the Principal Residence Exemption should not apply. It is difficult enough for local assessors to administer PREs; adding exemptions is not a wise course of action, from both an administrative and a revenue-management perspective.
Thank you for this opportunity to explain my No vote on this bill.”
Rep. Howrylak, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on this bill because it creates distortions and inequities in the property tax system in the State of Michigan. Homes that are not otherwise owner-occupied are required to pay the 18 mill tax. This bill, by selectively removing that tax obligation for foreclosed property, effectively rewards and encourages foreclosures and removes a much needed funding source from public education in the State of Michigan.”
Rep. Zorn, 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:
Although HB4135 is good public policy, I am concerned as to the potential loss of revenue to public schools. I would favor holding schools financially harmless.”
Second Reading of Bills
House Bill No. 5195, entitled
A bill to amend 2000 PA 92, entitled “Food law,” by amending section 7115 (MCL 289.7115), as amended by 2007 PA 114.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Agriculture,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. LaFontaine moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5233, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 4701, 4702, 4703, 4704, 4705, 4706, 4707, and 4708 (MCL 600.4701, 600.4702, 600.4703, 600.4704, 600.4705, 600.4706, 600.4707, and 600.4708), section 4701 as amended by 2010 PA 363, section 4702 as amended by 2012 PA 350, sections 4703, 4704, 4705, and 4708 as amended by 2006 PA 128, and sections 4706 and 4707 as added by 1988 PA 104.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Justice,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. McMillin moved to amend the bill as follows:
1. Amend page 8, line 20, after “Within” by striking out “56” and inserting “21”.
2. Amend page 12, line 17, after “within” by striking out “56” and inserting “21”.
3. Amend page 12, line 18, after “within” by striking out “56” and inserting “21”.
4. Amend page 13, line 5, after “ADDITIONAL” by striking out “56” and inserting “21”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Irwin moved to amend the bill as follows:
1. Amend page 18, line 4, by striking out all of enacting section 2 and inserting:
“Enacting section 2. This amendatory act does not take effect unless both of the following bills of the 97th Legislature are enacted into law:
(a) House Bill No. 5234.
(b) House Bill No. 5250.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Kesto moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5192, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 838a (MCL 500.838a), as added by 2006 PA 671.
The bill was read a second time.
Rep. LaFontaine 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. Tlaib offered the following resolution:
House Resolution No. 336.
A resolution to express support for the equal rights protection of individuals with autism spectrum disorder and for the efforts to improve awareness and understanding of autism.
Whereas, Growing numbers of children and adults are affected with autism spectrum disorder (ASD). This neurological disability can impact a person in various social, communication and behavioral ways that may have a detrimental impact on the development of social skills and behavior; and
Whereas, A lack of understanding of the characteristics of ASD leads to misunderstanding and often marginalizing of a child or adult with this condition. The proliferating diagnosis of ASD has caused this disorder to be ranked by the advocacy organization Autism Speaks as the fastest growing serious developmental disability in the United States; and
Whereas, Numerous efforts to support individuals in Michigan have been made in recent years including legislation enacted in 2012 to require insurance coverage of autism therapy treatment both in the commercial market and in the Medicaid program. In the same year, the Michigan Autism Council was established by Executive Order to adopt and implement the Michigan Autism Spectrum Disorder State Plan; and
Whereas, While we applaud the strides made thus far, we must continue efforts to support the protection of equal rights and to provide greater assistance for people with ASD and their families; now, therefore, be it
Resolved by the House of Representatives, That we express support for the protection of equal rights for individuals with autism spectrum disorder and the efforts to improve awareness and understanding of autism; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Department of Community Health and the Michigan Autism Council.
The question being on the adoption of the resolution,
The resolution was adopted.
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Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Rep. Stamas moved that when the House adjourns today it stand adjourned until Thursday, April 17, at 12:00 Noon.
The motion prevailed.
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, March 27:
House Bill Nos. 5428 5429 5430 5431 5432
Senate Bill No. 890
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, March 27, for his approval of the following bill:
Enrolled House Bill No. 4478 at 2:36 p.m.
The Clerk announced that the following Senate bill had been received on Thursday, March 27:
Senate Bill No. 853
Reports of Standing Committees
The Committee on Local Government, by Rep. Price, Chair, reported
Senate Bill No. 472, entitled
A bill to amend 1990 PA 345, entitled “State survey and remonumentation act,” by amending the title and sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 (MCL 54.262, 54.263, 54.264, 54.266, 54.267, 54.268, 54.269, 54.270, 54.271, 54.272, 54.273, 54.274, 54.275, 54.276, and 54.277), sections 2 and 12 as amended by 2010 PA 260, section 6 as amended by 1998 PA 5, section 8 as amended by 2002 PA 489, and section 11 as amended by 2006 PA 76, and by adding sections 9a, 9b, and 17a.
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. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Stanley, Banks, Talabi and Kosowski
Nays: None
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, March 27, 2014
Present: Reps. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Stanley, Banks, Talabi and Kosowski
Messages from the Senate
House Bill No. 4295, entitled
A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 11, 11m, 20g, 21f, 22a, 22b, 22g, 51a, 51c, 99h, 101, and 147c (MCL 388.1611, 388.1611m, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622g, 388.1651a, 388.1651c, 388.1699h, 388.1701, and 388.1747c), sections 11 and 22a as amended and section 20g as added by 2013 PA 97, sections 11m, 22b, 22g, 51a, 51c, 101, and 147c as amended and section 99h as added by 2013 PA 60, and section 21f as amended by 2013 PA 130, and by adding sections 25h, 31b, 32r, 64d, and 94.
The Senate has concurred in the House substitute (H-4) to the Senate substitute (S-1) and agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5119, entitled
A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending section 4A108 (MCL 440.4608), as added by 1992 PA 100.
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. 5282, entitled
A bill to create the security act for nuclear energy; and to clarify the rights and duties of officers providing security at nuclear generating facilities.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 853, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 55A.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Concurrent Resolution No. 7.
A concurrent resolution to support Taiwan’s efforts to secure entry into the Trans-Pacific Partnership, promote bilateral investment and trade relations with the United States, and participate in the International Civil Aviation Organization.
Whereas, The Republic of China (Taiwan), which marked its centennial in 2011 and entered into its second century as the world’s 19th-largest economy, has achieved economic and social stability, been lauded in the last two decades as a beacon of democracy for Asia, dramatically improved its record on human rights, and taken great steps forward to enter the world arena as a trusted partner; and
Whereas, Taiwan gained membership in the United States Visa Waiver Program. It is the 37th country to receive visa-free travel privileges to the United States and only the 5th Asian country with visa-free status, behind Japan, South Korea, Singapore, and Brunei. As a result, more Taiwanese will travel to the United States, thus contributing to the national and local economies and strengthening bilateral ties with the individual states, including Michigan; and
Whereas, In 2011, Taiwan ranked as the United States’ 10th-largest trading partner in the world, serving as the United States’ 15th-largest export market overall. The value of total trade between Taiwan and Michigan in 2011 reached $778 million, an increase of 7.9 percent from the two-way trade value in 2010. This robust trade and our shared values of freedom and democracy greatly benefit both sides; and
Whereas, Taiwan’s economic, cultural, and educational ties with Michigan run deep. There are great opportunities for exports of Michigan-grown agricultural goods to Taiwan, the world’s 6th-largest market for U.S. agricultural products. There are also opportunities for further economic cooperation and technical exchanges in emerging sectors, such as high-speed rail transit, nanotechnology, health care, and photovoltaics and other renewable energy technologies. Hundreds of Taiwanese students enroll in Michigan colleges and universities every year; business, professional, legislative, and other delegations reciprocate visits regularly; and cultural, educational, and teacher exchanges continue to flourish, strengthening friendships and enhancing relations between Michigan and Taiwan; and
Whereas, Seeking greater regional integration in the Asia-Pacific region and promotion of bilateral investment and trade relations with the United States, Taiwan welcomed the opportunity presented by the United States’ announcement at the 2011 leaders meeting of the Asia-Pacific Economic Cooperation of its intent to not only join the Trans-Pacific Partnership—the proposed 21st-century trade agreement between the United States and eight other Asia-Pacific Rim countries—but to expand the membership in the future to include other countries, such as Taiwan; and
Whereas, Taiwan has taken great steps forward to enter the world arena as a trusted partner. For the last three years, Taiwan has participated as an observer in the World Health Assembly of the World Health Organization (WHO). In 2012, Taiwan celebrated its 20th anniversary of participation in the Asia-Pacific Economic Cooperation forum, of which the United States is a longtime and respected member; and
Whereas, Aviation safety has become a major global concern since 2001. Taiwan, a key transport hub in the Asia-Pacific region, has more than 1 million flights per year passing through the Taipei Flight Information Region and has one of the world’s largest airports by cargo volume, Taoyuan International Airport Taiwan. Yet Taiwan is not a member of the International Civil Aviation Organization, leaving a gap in the aviation security and navigation system; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we support Taiwan’s efforts to secure entry into the Trans-Pacific Partnership, along with the United States and other friendly Asia-Pacific Rim countries, promote bilateral investment and trade relations with the United States, and support the participation of Taiwan in the International Civil Aviation Organization; and be it further
Resolved, That copies of this resolution be transmitted to the United States Secretary of State, Secretary General of the International Civil Aviation Organization, President of the Republic of China (Taiwan), and Taipei Economic and Cultural Office in Chicago, Illinois.
The Senate has adopted the concurrent resolution.
Reps. Barnett, Durhal, Hooker, Howrylak, Kowall and Price were named co‑sponsors of the concurrent resolution.
The concurrent resolution was referred to the Committee on Commerce.
Senate Concurrent Resolution No. 8.
A concurrent resolution to invite the Republic of China (Taiwan) to enter into a sister-state relationship with the state of Michigan.
Whereas, The people of the Republic of China (Taiwan) are among the most trusted friends of the American people. They have built a prosperous, successful, and free economy, particularly in the production of agricultural products, textiles, electrical machinery, and plastic products. Taiwan has established itself as an important trading partner with the United States; and
Whereas, In a complex world, it is important to promote greater world understanding by learning more about the people of different nations. Such learning is mutually beneficial and encourages social, economic, educational, and cultural connections through which all nations are enriched, and world understanding is increased; and
Whereas, It would be in the best interest of the state and Taiwan to strengthen our current knowledge of one another by creating a sister-state relationship between the state of Michigan and Taiwan. Through this relationship, we can create social, economic, educational, and cultural programs that bring our citizens closer together and strengthen international understanding and goodwill; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we invite the Republic of China (Taiwan) to enter into a sister-state relationship with the state of Michigan; and be it further
Resolved, That copies of this resolution be transmitted to the members of the Michigan congressional delegation and the executive and legislative officials of the Republic of China (Taiwan).
The Senate has adopted the concurrent resolution.
Reps. Barnett, Durhal, Hooker, Howrylak, Kowall and Price were named co‑sponsors of the concurrent resolution.
The concurrent resolution was referred to the Committee on Michigan Competitiveness.
Messages from the Governor
Date: March 26, 2014
Time: 9:00 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5121 (Public Act No. 56, I.E.), being
An act 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 517 (MCL 600.517), as amended by 2009 PA 228.
(Filed with the Secretary of State March 27, 2014, at 11:46 a.m.)
Date: March 26, 2014
Time: 9:02 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5122 (Public Act No. 57, I.E.), being
An act 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 507 (MCL 600.507), as amended by 2009 PA 228.
(Filed with the Secretary of State March 27, 2014, at 11:48 a.m.)
Date: March 26, 2014
Time: 9:04 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5123 (Public Act No. 58, I.E.), being
An act 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 sections 518, 524, 8116, 8121, 8121a, and 8123 (MCL 600.518, 600.524, 600.8116, 600.8121, 600.8121a, and 600.8123), section 518 as amended by 2006 PA 99, section 524 as amended by 2012 PA 35, section 8116 as amended by 2012 PA 19, section 8121 as amended by 2012 PA 37, section 8121a as amended by 1988 PA 135, and section 8123 as amended by 2012 PA 624.
(Filed with the Secretary of State March 27, 2014, at 11:50 a.m.)
Date: March 26, 2014
Time: 9:06 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5124 (Public Act No. 59, I.E.), being
An act 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 504 (MCL 600.504), as amended by 2011 PA 300.
(Filed with the Secretary of State March 27, 2014, at 11:52 a.m.)
Date: March 26, 2014
Time: 9:08 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5125 (Public Act No. 60, I.E.), being
An act to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8130, 8134, and 8135 (MCL 600.8130, 600.8134, and 600.8135), section 8130 as amended by 1988 PA 135, section 8134 as amended by 2012 PA 16, and section 8135 as amended by 1982 PA 161.
(Filed with the Secretary of State March 27, 2014, at 11:54 a.m.)
Date: March 26, 2014
Time: 9:12 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4484 (Public Act No. 61, I.E.), being
An act to amend 1985 PA 148, entitled “An act to provide for a lien on personal property stored at a self-service storage facility or self-contained storage unit in favor of the owner of the facility or self-contained storage unit; to limit the liability of self-service storage facility and self-contained storage unit owners; and to provide for enforcement,” by amending sections 3 and 5 (MCL 570.523 and 570.525), as amended by 2009 PA 177.
(Filed with the Secretary of State March 27, 2014, at 11:56 a.m.)
Date: March 26, 2014
Time: 9:14 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4811 (Public Act No. 62, I.E.), being
An act to amend 2004 PA 363, entitled “An act to establish the military family relief fund in the department of military and veterans affairs to provide assistance to families of certain members of the reserve components of the United States armed forces on active duty; to provide for the distribution of money from the fund; to prescribe the duties and powers of certain agencies and officials; and to provide for appropriations,” by amending sections 2 and 4 (MCL 35.1212 and 35.1214).
(Filed with the Secretary of State March 27, 2014, at 11:58 a.m.)
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
March 20, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-112-LR (Secretary of State Filing #14-03-03) on this date at 5:07 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Task Force on Physician’s Assistants – General Rules”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
March 20, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-032-LR (Secretary of State Filing #14-03-04) on this date at 5:09 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Bureau of Health Care Services – General Rules”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
March 20, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-048-LR (Secretary of State Filing #14-03-05) on this date at 5:11 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Part 432 Hazardous Waste Operations & Emergency Response”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
March 20, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-113-LR (Secretary of State Filing #14-03-06) on this date at 5:13 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Michigan Fireworks Safety General Rules”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
Introduction of Bills
Reps. Knezek, Irwin, Schor and Switalski introduced
House Bill No. 5433, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” (MCL 205.1 to 205.31) by adding section 18a.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Knezek, Irwin, Schor and Switalski introduced
House Bill No. 5434, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 476a (MCL 500.476a), as amended by 2007 PA 187.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Knezek, Irwin, Schor and Switalski introduced
House Bill No. 5435, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 277 and 675.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Kosowski, Barnett, Brunner, Smiley, LaVoy and Zemke introduced
House Bill No. 5436, entitled
A bill to amend 1990 PA 187, entitled “The pupil transportation act,” (MCL 257.1801 to 257.1877) by adding section 22.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Kosowski, Barnett, Brunner, Smiley, LaVoy and Zemke introduced
House Bill No. 5437, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2003 PA 299.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Brown, LaVoy, Stanley, Segal, Rogers, Knezek, Dillon, Clemente, Dianda, Geiss, Lamonte, Brinks, Yanez, Switalski, Brunner, Smiley, Phelps, Townsend, Slavens, McCann, Kandrevas, Cochran, Potvin, Bumstead, Singh, Roberts, Kivela, Zemke, Banks, Irwin, Faris, Lane, Callton, Lipton, Darany, Schor, Abed, Greimel, Rutledge, Nathan, Haugh, Graves, Santana, Olumba, Forlini, Victory, VerHeulen, Lori, Tlaib, Haines, Hobbs, Hovey-Wright, Barnett, Walsh, Durhal, Talabi, Stallworth, Robinson, Muxlow, Kurtz, Johnson, McBroom, Denby, Haveman, Driskell, Pagel, Glardon, McCready, LaFontaine, Schmidt, Daley, Howrylak, Heise and Oakes introduced
House Bill No. 5438, entitled
A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657).
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Daley, Lauwers, Pettalia, Foster, Brown, Kelly, Pscholka, Kowall, Lori, Rendon, LaFontaine, Denby, Lyons, Pagel, Jacobsen, Barnett, Geiss, Yanez, Victory, Johnson, Callton and McMillin introduced
House Bill No. 5439, entitled
A bill to authorize the growing and cultivating of industrial hemp for research purposes; to authorize the receipt and expenditure of funding for research related to industrial hemp; and to prescribe the powers and duties of certain state agencies and officials and colleges and universities in this state.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Pettalia, Daley, Foster, Kelly, Somerville, Haines, Pscholka, Victory, Lauwers, Johnson, Poleski, Stallworth, Yonker, LaVoy, Pagel, VerHeulen, Muxlow, Jacobsen, Denby, Lori, Rendon, LaFontaine, Lyons, McBroom, McMillin, Genetski, Crawford, Kosowski, Bumstead, Brown, Cotter, Singh, Shirkey, Kowall, Santana, Roberts, Robinson, Slavens, Hovey-Wright, Kandrevas, McCann, Barnett, Darany, Faris, Durhal, Talabi, Townsend, Phelps, Yanez, Switalski, Irwin, Kivela, Dianda, Cochran, Geiss, Schor, Stanley, Potvin, Schmidt, Callton, McCready, Glardon, MacMaster and Oakes introduced
House Bill No. 5440, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7106 (MCL 333.7106).
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. McMillin, Kelly and Genetski introduced
House Joint Resolution EE, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 31 of article IV and sections 35 and 35a of article IX, to require certain general fund appropriations to the state transportation department, to create a transportation fund, to allocate revenue from certain leases for the extraction of nonrenewable resources on state owned land to the transportation fund and the Michigan natural resources trust fund, and to dissolve the state parks endowment fund.
The joint resolution was read a first time by its title and referred to the Committee on Natural Resources.
By unanimous consent the House returned to the order of
Messages from the Senate
House Concurrent Resolution No. 24.
A concurrent resolution prescribing the legislative schedule.
(For text of resolution, see House Journal No. 34, p. 532.)
The Senate has adopted the concurrent resolution and named Senators Booher, Hildenbrand and Pappageorge as co‑sponsors.
The concurrent resolution was referred to the Clerk for record.
______
Rep. Poleski moved that the House adjourn.
The motion prevailed, the time being 3:35 p.m.
Associate Speaker Pro Tempore O’Brien declared the House adjourned until Thursday, April 17, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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