No. 103
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
97th Legislature
REGULAR SESSION OF 2013
House Chamber, Lansing, Thursday, December 5, 2013.
10:00 a.m.
The House was called to order by the Speaker Pro Tempore.
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—present 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—present 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 Mark Wilson, Pastor of Fowlerville United Brethren Church in Fowlerville, offered the following invocation:
“Our gracious God, Your Glory is in all the world. We recognize that You have given us great gifts as a nation, and as a state. This morning we commend this great state to Your merciful watch and care.
Father we ask for forgiveness where we have wronged You and others. We pray that we will be guided by Your hand of providence, and that we may dwell secure in Your peace. I ask that You would save us from evil and discord that would tear us apart and divide us.
I pray that You would grant wisdom to these leaders who have been elected, and entrusted with the authority to govern and serve this great state. May we put our trust in You in times of testing and even in times of prosperity?
Father, give them wisdom and strength to know and to do Your will. Fill them with the love of truth and righteousness and make them ever mindful of their calling to serve the people of this great state in honor of You.
I ask today that Your grace and goodwill may rest on each one of them and that You would bless them.
Through Jesus Christ our Lord, Amen.”
______
The Speaker assumed the Chair.
Motions and Resolutions
Reps. Santana, Roberts, Hovey-Wright, Howrylak and Slavens offered the following resolution:
House Resolution No. 274.
A resolution to declare December 7, 2013, as Pearl Harbor Remembrance Day in the state of Michigan.
Whereas, On the morning of December 7, 1941, America was attacked without warning at Pearl Harbor by the air and naval forces of Imperial Japan. More than 2,400 people perished and another 1,100 were wounded, triggering our nation’s entry into World War II; and
Whereas, On December 7, 2013, we honor those who lost their lives 72 years ago and all veterans who have fought to preserve our freedom and democracy; and
Whereas, Today, we also recognize the citizens of Michigan who answered their country’s call to the battlefield, the factory, and the farm. We remember Pearl Harbor through their deeds, their devotion to duty, and their willingness to fight for freedom; and
Whereas, The attack at Pearl Harbor fired the American spirit with a determination that freedom would not fall. The tragedy of December 7, 1941, remains upon the memories of the citizens of the state of Michigan as well as our great nation. May this recollection serve not just as a symbol of American valor, but also as the resolve of all Americans in preserving freedom; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare December 7, 2013, as Pearl Harbor Remembrance Day in the state of Michigan.
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
Senate Bill No. 434, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” (MCL 490.101 to 490.601) by adding section 413.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 452 Yeas—101
Abed Glardon Lane Price
Barnett Goike Lauwers Pscholka
Bolger Graves LaVoy Rendon
Brinks Greimel Leonard Roberts
Brown Haines Lipton Rogers
Brunner Haugh Lori Rutledge
Bumstead Haveman Lund Schmidt
Callton Heise Lyons Schor
Cavanagh Hooker MacGregor Segal
Clemente Hovey-Wright MacMaster Shirkey
Cochran Howrylak McBroom Singh
Cotter Irwin McCann Slavens
Crawford Jacobsen McCready Smiley
Daley Jenkins McMillin Somerville
Darany Johnson Muxlow Stamas
Denby Kandrevas Nathan Switalski
Dianda Kelly Nesbitt Tlaib
Dillon Kesto O’Brien Townsend
Driskell Kivela Oakes VerHeulen
Faris Knezek Outman Victory
Farrington Kosowski Pagel Walsh
Forlini Kowall Pettalia Yanez
Foster Kurtz Phelps Yonker
Franz LaFontaine Poleski Zemke
Geiss Lamonte Potvin Zorn
Genetski
Nays—9
Banks Olumba Santana Stanley
Durhal Robinson Stallworth Talabi
Hobbs
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 organization, operation, regulation, and supervision of credit unions; to prescribe the powers and duties of credit unions; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties, civil sanctions, and remedies; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 556, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57v (MCL 400.57v), as added by 2012 PA 197.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 453 Yeas—100
Abed Genetski Lamonte Price
Barnett Glardon Lane Pscholka
Bolger Goike Lauwers Rendon
Brinks Graves LaVoy Roberts
Brown Greimel Leonard Rogers
Brunner Haines Lipton Rutledge
Bumstead Haugh Lori Schmidt
Callton Haveman Lund Schor
Cavanagh Heise Lyons Segal
Clemente Hooker MacGregor Shirkey
Cochran Hovey-Wright MacMaster Singh
Cotter Howrylak McBroom Slavens
Crawford Irwin McCann Smiley
Daley Jacobsen McCready Somerville
Darany Jenkins McMillin Stamas
Denby Johnson Muxlow Switalski
Dianda Kandrevas Nesbitt Tlaib
Dillon Kelly O’Brien Townsend
Driskell Kesto Oakes VerHeulen
Faris Kivela Outman Victory
Farrington Knezek Pagel Walsh
Forlini Kosowski Pettalia Yanez
Foster Kowall Phelps Yonker
Franz Kurtz Poleski Zemke
Geiss LaFontaine Potvin Zorn
Nays—10
Banks Nathan Santana Stanley
Durhal Olumba Stallworth Talabi
Hobbs Robinson
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 protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”
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.
Senate Bill No. 404, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11504, 11523, 11523a, 11525, and 11525b (MCL 324.11504, 324.11523, 324.11523a, 324.11525, and 324.11525b), sections 11504 and 11523 as amended and section 11523a as added by 1996 PA 359, section 11525 as amended by 2003 PA 153, and section 11525b as added by 1996 PA 358; 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. 454 Yeas—110
Abed Glardon LaVoy Roberts
Banks Goike Leonard Robinson
Barnett Graves Lipton 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
Driskell 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—0
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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal 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.
House Bill No. 5121, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 517 (MCL 600.517), as amended by 2009 PA 228.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 455 Yeas—104
Abed Genetski Lane Rendon
Banks Glardon Lauwers Roberts
Barnett Goike LaVoy Rogers
Bolger Graves Leonard Rutledge
Brinks Greimel Lipton Santana
Brown Haines Lori Schmidt
Brunner Haugh Lund Schor
Bumstead Haveman Lyons Segal
Callton Heise MacGregor Shirkey
Cavanagh Hobbs MacMaster Singh
Clemente Hooker McBroom Slavens
Cochran Hovey-Wright McCann Smiley
Cotter Howrylak McCready Somerville
Crawford Jacobsen McMillin Stallworth
Daley Jenkins Muxlow Stamas
Darany Johnson Nesbitt Switalski
Denby Kandrevas O’Brien Talabi
Dianda Kelly Oakes Tlaib
Dillon Kesto Outman Townsend
Driskell Kivela Pagel VerHeulen
Durhal Knezek Pettalia Victory
Faris Kosowski Phelps Walsh
Farrington Kowall Poleski Yanez
Forlini Kurtz Potvin Yonker
Foster LaFontaine Price Zemke
Franz Lamonte Pscholka Zorn
Nays—6
Geiss Nathan Robinson Stanley
Irwin Olumba
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5122, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 507 (MCL 600.507), as amended by 2009 PA 228.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 456 Yeas—102
Abed Glardon Lauwers Rendon
Banks Goike LaVoy Roberts
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs MacMaster Shirkey
Cavanagh Hooker McBroom Singh
Clemente Hovey-Wright McCann Slavens
Cochran Howrylak McCready Smiley
Cotter Jacobsen McMillin Somerville
Crawford Jenkins Muxlow Stamas
Daley Johnson Nesbitt Switalski
Darany Kandrevas O’Brien Talabi
Denby Kelly Oakes Tlaib
Dianda Kesto Outman Townsend
Dillon Kivela Pagel VerHeulen
Driskell Knezek Pettalia Victory
Faris Kosowski Phelps Walsh
Farrington Kowall Poleski Yanez
Forlini Kurtz Potvin Yonker
Foster LaFontaine Price Zemke
Franz Lamonte Pscholka Zorn
Genetski Lane
Nays—8
Durhal Irwin Olumba Stallworth
Geiss Nathan Robinson Stanley
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5123, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 518, 8115, and 8121 (MCL 600.518, 600.8115, and 600.8121), section 518 as amended by 2006 PA 99 and section 8121 as amended by 2012 PA 37.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 457 Yeas—102
Abed Genetski Lauwers Rendon
Banks Glardon LaVoy Roberts
Barnett Goike Leonard Rogers
Bolger Graves Lipton Rutledge
Brinks Greimel Lori Santana
Brown Haines Lund Schmidt
Brunner Haugh Lyons Schor
Bumstead Haveman MacGregor Segal
Callton Heise MacMaster Shirkey
Cavanagh Hobbs McBroom Singh
Clemente Hooker McCann Slavens
Cochran Hovey-Wright McCready Smiley
Cotter Howrylak McMillin Somerville
Crawford Irwin Muxlow Stamas
Daley Jacobsen Nesbitt Switalski
Darany Jenkins O’Brien Talabi
Denby Johnson Oakes Tlaib
Dianda Kandrevas Outman Townsend
Dillon Kelly Pagel VerHeulen
Driskell Kesto Pettalia Victory
Durhal Kivela Phelps Walsh
Faris Kowall Poleski Yanez
Farrington Kurtz Potvin Yonker
Forlini LaFontaine Price Zemke
Foster Lamonte Pscholka Zorn
Franz Lane
Nays—8
Geiss Kosowski Olumba Stallworth
Knezek Nathan Robinson Stanley
In The Chair: Walsh
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 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 518 and 8121 (MCL 600.518 and 600.8121), section 518 as amended by 2006 PA 99 and section 8121 as amended by 2012 PA 37.
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.
House Bill No. 5124, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 502, 504, 516, and 8121 (MCL 600.502, 600.504, 600.516, and 600.8121), section 504 as amended by 2011 PA 300 and section 8121 as amended by 2012 PA 37.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 458 Yeas—67
Abed Glardon Lamonte Pettalia
Bolger Goike Lauwers Poleski
Brinks Graves Leonard Potvin
Brown Haveman Lori Price
Bumstead Heise Lund Pscholka
Callton Hooker Lyons Rendon
Cotter Howrylak MacGregor Robinson
Crawford Irwin MacMaster Rogers
Daley Jacobsen McBroom Schmidt
Denby Jenkins McCann Segal
Dianda Johnson McCready Shirkey
Dillon Kelly McMillin Stamas
Farrington Kesto Muxlow VerHeulen
Forlini Kivela Nesbitt Victory
Foster Kowall O’Brien Yonker
Franz Kurtz Outman Zorn
Genetski LaFontaine Pagel
Nays—42
Banks Greimel Nathan Somerville
Barnett Haines Oakes Stallworth
Brunner Haugh Olumba Stanley
Cavanagh Hobbs Phelps Switalski
Clemente Hovey-Wright Roberts Talabi
Cochran Kandrevas Rutledge Tlaib
Darany Knezek Santana Townsend
Driskell Kosowski Schor Walsh
Durhal Lane Singh Yanez
Faris LaVoy Smiley Zemke
Geiss Lipton
In The Chair: Walsh
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 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 504 (MCL 600.504), as amended by 2011 PA 300.
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. Slavens, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 458 because of a possible conflict of interest.”
______
Rep. Cavanagh, 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:
Today I voted NO on House Bill 5124. This bill will eliminate 4 judges from the 3rd Circuit Court, which encompasses Wayne County. The State Court Administrative Office recommended the reduction because of a perceived drop in caseloads. However, any drop in the number of cases does not reflect the true state of crime in Wayne County. I don’t think anyone is under any delusions that Wayne County or Detroit are actually experiencing lower crime rates. In reality, the limited resources provided to the Prosecutor’s office and Detroit Police have resulted in overworked staff, fewer arrests and fewer warrants being processed. When the necessary resources are provided to the police department and the prosecutor’s office the caseload will increase.
I offered two amendments in Judiciary Committee to try to save Wayne County judges, but both were defeated along party lines. When the bill was heard on the House floor, I again offered an amendment to try to save at least one Wayne County judge, but this was also defeated. Therefore, I could not support the bill, and voted NO on HB 5124.”
House Bill No. 5125, entitled
A bill 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 459 Yeas—75
Abed Graves Lauwers Poleski
Bolger Greimel LaVoy Potvin
Brinks Haines Leonard Price
Brown Haveman Lori Pscholka
Bumstead Heise Lund Rendon
Callton Hooker Lyons Rogers
Cotter Howrylak MacGregor Schmidt
Crawford Jacobsen MacMaster Segal
Daley Jenkins McBroom Shirkey
Denby Johnson McCann Slavens
Dianda Kesto McCready Smiley
Dillon Kivela McMillin Somerville
Faris Knezek Muxlow Stamas
Farrington Kosowski Nesbitt VerHeulen
Forlini Kowall O’Brien Victory
Foster Kurtz Outman Walsh
Franz LaFontaine Pagel Yonker
Genetski Lamonte Pettalia Zorn
Goike Lane Phelps
Nays—35
Banks Geiss Nathan Stallworth
Barnett Glardon Oakes Stanley
Brunner Haugh Olumba Switalski
Cavanagh Hobbs Roberts Talabi
Clemente Hovey-Wright Robinson Tlaib
Cochran Irwin Rutledge Townsend
Darany Kandrevas Santana Yanez
Driskell Kelly Schor Zemke
Durhal Lipton Singh
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4729, entitled
A bill to create an intrastate emergency management assistance agreement; to provide for the coordination of assistance during times of emergencies; and to specify the duties of certain state and local officials and agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 460 Yeas—109
Abed Glardon Lauwers Rendon
Banks Goike LaVoy Roberts
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs MacMaster Shirkey
Cavanagh Hooker McBroom Singh
Clemente Hovey-Wright McCann Slavens
Cochran Howrylak McCready Smiley
Cotter Irwin McMillin Somerville
Crawford Jacobsen Muxlow Stallworth
Daley Jenkins Nathan Stamas
Darany Johnson Nesbitt Stanley
Denby Kandrevas O’Brien Switalski
Dianda Kelly Oakes Talabi
Dillon Kesto Olumba Tlaib
Driskell Kivela Outman Townsend
Durhal Knezek Pagel VerHeulen
Faris Kosowski Pettalia Victory
Farrington Kowall Phelps Walsh
Forlini Kurtz Poleski Yanez
Foster LaFontaine Potvin Yonker
Franz Lamonte Price Zemke
Geiss Lane Pscholka Zorn
Genetski
Nays—1
Robinson
In The Chair: Walsh
The House agreed to the title of the bill.
House Bill No. 4467, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 125.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 461 Yeas—108
Abed Glardon Lauwers Rendon
Banks Goike LaVoy Roberts
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs MacMaster Shirkey
Cavanagh Hooker McBroom Singh
Clemente Hovey-Wright McCann Slavens
Cochran Howrylak McCready Smiley
Cotter Irwin McMillin Somerville
Crawford Jacobsen Muxlow Stallworth
Daley Jenkins Nathan Stamas
Darany Johnson Nesbitt Stanley
Denby Kandrevas O’Brien Switalski
Dianda Kelly Oakes Talabi
Dillon Kesto Olumba Tlaib
Driskell Kivela Outman Townsend
Durhal Knezek Pagel VerHeulen
Faris Kosowski Pettalia Victory
Farrington Kowall Phelps Walsh
Foster Kurtz Poleski Yanez
Franz LaFontaine Potvin Yonker
Geiss Lamonte Price Zemke
Genetski Lane Pscholka Zorn
Nays—2
Forlini Robinson
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5058, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78 (MCL 211.78), as amended by 2008 PA 512.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 462 Yeas—110
Abed Glardon LaVoy Roberts
Banks Goike Leonard Robinson
Barnett Graves Lipton 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
Driskell 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—0
In The Chair: Walsh
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Cotter to the Chair.
Second Reading of Bills
House Bill No. 4571, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation and Infrastructure,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Schmidt moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Schmidt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4677, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Transportation and Infrastructure,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Schmidt moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Potvin moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4572, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ee.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation and Infrastructure,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Schmidt moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Dianda moved to amend the bill as follows:
1. Amend page 1, line 1, after “4EE.” by inserting “(1)”.
2. Amend page 1, following line 7, by inserting:
“(2) TWO YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION, THE DEPARTMENT OF TREASURY SHALL PREPARE A REPORT TO THE LEGISLATURE ESTIMATING ANY REVENUE FORGONE AND ANY DECREASE IN FUNDS TRANSFERRED TO THE SCHOOL AID FUND CREATED IN SECTION 11 OF ARTICLE IX OF THE STATE CONSTITUTION OF 1963, AS A RESULT OF THE EXEMPTION UNDER THIS SECTION.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Schmidt 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
Third Reading of Bills
Rep. Stamas moved that House Bill No. 4571 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4571, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 463 Yeas—84
Bolger Graves Lauwers Price
Brown Greimel LaVoy Pscholka
Bumstead Haines Leonard Rendon
Callton Haugh Lori Roberts
Cavanagh Haveman Lund Rogers
Clemente Heise Lyons Rutledge
Cotter Hooker MacGregor Santana
Crawford Hovey-Wright McBroom Schmidt
Daley Jacobsen McCann Segal
Darany Jenkins McCready Shirkey
Denby Johnson McMillin Singh
Dianda Kandrevas Muxlow Slavens
Dillon Kelly Nesbitt Somerville
Farrington Kesto O’Brien Stallworth
Forlini Kivela Olumba Stamas
Foster Knezek Outman Townsend
Franz Kosowski Pagel VerHeulen
Geiss Kowall Pettalia Victory
Genetski Kurtz Phelps Walsh
Glardon LaFontaine Poleski Yonker
Goike Lane Potvin Zorn
Nays—26
Abed Durhal MacMaster Stanley
Banks Faris Nathan Switalski
Barnett Hobbs Oakes Talabi
Brinks Howrylak Robinson Tlaib
Brunner Irwin Schor Yanez
Cochran Lamonte Smiley Zemke
Driskell Lipton
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Stamas moved that House Bill No. 4572 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4572, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ee.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 464 Yeas—85
Bolger Greimel LaVoy Price
Brown Haines Leonard Pscholka
Bumstead Haugh Lori Rendon
Callton Haveman Lund Roberts
Cavanagh Heise Lyons Rogers
Clemente Hooker MacGregor Rutledge
Cotter Hovey-Wright MacMaster Santana
Crawford Jacobsen McBroom Schmidt
Daley Jenkins McCann Segal
Darany Johnson McCready Shirkey
Denby Kandrevas McMillin Singh
Dianda Kelly Muxlow Slavens
Dillon Kesto Nesbitt Somerville
Farrington Kivela O’Brien Stallworth
Forlini Knezek Olumba Stamas
Foster Kosowski Outman Townsend
Franz Kowall Pagel VerHeulen
Geiss Kurtz Pettalia Victory
Genetski LaFontaine Phelps Walsh
Glardon Lane Poleski Yonker
Goike Lauwers Potvin Zorn
Graves
Nays—25
Abed Durhal Lipton Stanley
Banks Faris Nathan Switalski
Barnett Hobbs Oakes Talabi
Brinks Howrylak Robinson Tlaib
Brunner Irwin Schor Yanez
Cochran Lamonte Smiley Zemke
Driskell
In The Chair: Cotter
The House agreed to the title of the bill.
______
Rep. Rutledge moved that Rep. Nathan be excused temporarily from today’s session.
The motion prevailed.
Rep. Stamas moved that House Bill No. 4677 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4677, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 465 Yeas—106
Abed Glardon LaVoy Roberts
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 Irwin McMillin Somerville
Cotter Jacobsen Muxlow 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
Driskell Knezek Pettalia VerHeulen
Durhal Kosowski Phelps Victory
Faris Kowall Poleski Walsh
Farrington Kurtz Potvin Yanez
Forlini LaFontaine Price Yonker
Foster Lamonte Pscholka Zemke
Franz Lane Rendon Zorn
Geiss Lauwers
Nays—3
Genetski Howrylak 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.
Second Reading of Bills
Senate Bill No. 94, entitled
A bill to prohibit any agency of this state, any political subdivision of this state, any employee of any agency of this state or any political subdivision of this state, or any member of the Michigan national guard from assisting an agency of the armed forces of the United States in the investigation, prosecution, or detainment of any citizen of the United States under certain circumstances.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Oversight,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Stamas moved that when the House adjourns today it stand adjourned until Tuesday, December 10, at 10:00 a.m.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, December 5, for his approval of the following bills:
Enrolled House Bill No. 5002 at 9:47 a.m.
Enrolled House Bill No. 4242 at 9:49 a.m.
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Thursday, December 5:
House Bill Nos. 5163 5164 5165 5166 5167 5168 5169 5170 5171 5172 5173 5174 5175 5176
House Joint Resolution AA
Senate Bill Nos. 705 706 707 708 709 710 711 712 713
The Clerk announced that the following Senate bills had been received on Thursday, December 5:
Senate Bill Nos. 101 636 679
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, December 5, 2013
Present: Reps. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente
Messages from the Senate
House Bill No. 4858, entitled
A bill to amend 1999 PA 276, entitled “Banking code of 1999,” (MCL 487.11101 to 487.15105) by adding section 4110.
The Senate has passed the bill by a 2/3 vote, 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. 4859, entitled
A bill to amend 1996 PA 354, entitled “Savings bank act,” (MCL 487.3101 to 487.3804) by adding section 436.
The Senate has passed the bill by a 2/3 vote, 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. 5014, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1024.
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. 5015, entitled
A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” (MCL 431.301 to 431.336) by adding section 9b.
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. 5017, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7ss (MCL 211.7ss), as added by 2012 PA 494.
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. 4064, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 832, 859, 1427, 2137, and 8344 (MCL 600.832, 600.859, 600.1427, 600.2137, and 600.8344), sections 859 and 8344 as amended by 2005 PA 326 and section 2137 as amended by 2009 PA 239, and by adding sections 1426 and 1428; and to repeal acts and parts of acts.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 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 2137 and 8344 (MCL 600.2137 and 600.8344), section 2137 as amended by 2009 PA 239 and section 8344 as amended by 2005 PA 326, and by adding section 1428; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 4532, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 832, 859, and 1427 (MCL 600.832, 600.859, and 600.1427), section 859 as amended by 2005 PA 326, and by adding sections 1426 and 1428.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 832, 859, and 1427 (MCL 600.832, 600.859, and 600.1427), section 859 as amended by 2005 PA 326.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
The Senate returned, in accordance with the request of the House
Senate Bill No. 174, entitled
A bill to require certain consumer reporting agencies to place security freezes for consumers under certain circumstances; to provide for the removal of those security freezes; to authorize and limit fees; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies.
(The bill was passed on November 14, see House Journal No. 100, p. 1848.)
Senate Bill No. 101, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811x.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Senate Bill No. 679, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 356 (MCL 750.356), as amended by 2008 PA 431.
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 Bill No. 636, entitled
A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending sections 103, 304, 310, 313, 317, 320, and 502 (MCL 484.2103, 484.2304, 484.2310, 484.2313, 484.2317, 484.2320, and 484.2502), sections 103, 304, 313, and 502 as amended by 2011 PA 58, section 310 as amended by 2009 PA 182, section 317 as amended by 2005 PA 235, and section 320 as added by 1995 PA 216.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Introduction of Bills
Rep. Darany introduced
House Bill No. 5177, entitled
A bill to amend 1978 PA 397, entitled “Bullard-Plawecki employee right to know act,” (MCL 423.501 to 423.512) by adding section 2a.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Pettalia introduced
House Bill No. 5178, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 73301 (MCL 324.73301), as amended by 2007 PA 174.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Heise introduced
House Bill No. 5179, entitled
A bill to authorize the state administrative board to convey certain parcels of state-owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments and local units of government in regard to the property; and to provide for disposition of revenue derived from the conveyance.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Johnson, Daley and Lauwers introduced
House Bill No. 5180, entitled
A bill to amend 1975 PA 120, entitled “Michigan commercial feed law,” by amending sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 (MCL 287.521, 287.522, 287.523, 287.524, 287.525, 287.526, 287.527, 287.528, 287.529, 287.530, 287.531, 287.532, 287.533, 287.534, and 287.535), sections 3 and 6 as amended by 1980 PA 338, and by adding sections 16, 17, 18, and 19.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Somerville, Heise, Hooker and Walsh introduced
House Bill No. 5181, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2012 PA 464.
The bill was read a first time by its title and referred to the Committee on Appropriations.
______
Rep. Bumstead moved that the House adjourn.
The motion prevailed, the time being 4:40 p.m.
Associate Speaker Pro Tempore Cotter declared the House adjourned until Tuesday, December 10, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of Representatives
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