No. 17

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Thursday, February 13, 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—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 Ken Nichols, Pastor of Rollin Friends Church in Rollin Township, offered the following invocation:

“Our Heavenly Father, I thank You for this day that we are able to come together to honor Your name by asking for Your strength and wisdom to do the work that You have placed before us.

Father, You know what is weighing on our hearts and minds. You understand the struggles that some of us are carrying today; either our own struggles or those of our friends and families. So, I ask You to work in these situations and to resolve them for Your Glory and for our leaders’ sakes. Lord, grant these men and women the peace that is needed to ease their minds so that they may focus on their tasks at hand.

I would also ask this for their staff as well as for those who are part of this body, but are not here today. Father, may they recognize that it is Your hand moving in their lives, beckoning them to trust in You in a more deeply and personal way.

Again, Father, I ask for the strength, wisdom, and grace necessary for these men and women to do their work for Your glory and for our benefit. Thank You.

In Jesus’ name I pray. Amen.”

Motions and Resolutions

Reps. Zorn, Rendon, Dianda, Kivela, McBroom, MacGregor, Daley, Callton, Jenkins, Graves, Barnett and Geiss offered the following resolution:

House Resolution No. 303.

A resolution to urge the United States Department of Energy to prohibit the export of domestic propane into the world market until inventories meeting national needs are secured.

Whereas, In one of the coldest winters in recent times, many people who use propane as a heating fuel are shivering in their homes unable to locate a supply of propane. When propane supplies are available, the fuel’s current exorbitant price prevents households from fully filling their tanks. Thirty-six percent of homes in the Midwest depend on propane for heating fuel. Many of these households are in rural areas and consist of elderly persons. They are being pushed to their limits, faced with subzero temperatures amidst a severe propane shortage; and

Whereas, Data from the United States Energy Information Administration (EIA) and the National Weather Service (NWS) illustrate the dire situation confronting people who depend on propane. According to the EIA, national propane stocks were 45 percent lower and the average national retail price per gallon was 75 percent higher in January 2014 compared to January 2013. Meanwhile, according to the NWS’s weather station in Marquette, Michigan, the average temperature in January 2014 was 5.8 degrees; almost three times lower than it was during January 2013; and

Whereas, While Americans are struggling, domestically produced propane is being exported out of the country at an alarming rate. Domestic propane production has been steadily rising: production in 2013 was about 40 percent higher than in 2010. Meanwhile, exports of propane in 2013 were triple the amount from 2010. While there may be many reasons for the skyrocketing prices and the short propane supply, increased propane exports is unarguably a contributing factor; and

Whereas, Government officials have recognized the crisis situation facing Americans who depend on propane for warmth. Michigan’s Governor Snyder has declared a state of emergency for propane, as have Governors in Ohio, Wisconsin, Minnesota, Illinois, and other states. The United States Department of Transportation has issued emergency orders that exempt propane transporters from a number of safety regulations. Clearly, the Department of Energy should act. Exports should be stopped until Americans have access to propane at reasonable rates; now therefore, be it

Resolved by the House of Representatives, That we urge the United States Department of Energy to prohibit the export of domestic propane into the world market until inventories meeting national needs are secured; and be it further

Resolved, That copies of this resolution be transmitted to Office of the United States Secretary of Energy, the Office of the Governor of Michigan, and the Chairman of the Michigan Public Service Commission.

The resolution was referred to the Committee on Energy and Technology.

______

The Speaker called Associate Speaker Pro Tempore O’Brien to the Chair.

Second Reading of Bills

Senate Bill No. 553, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 4 (MCL 125.2684), as amended by 2008 PA 116.

The bill was read a second time.

Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4487, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 7 (MCL 125.1657), as amended by 2008 PA 226.

The bill was read a second time.

Rep. Oakes moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5191, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81133 and 81147 (MCL 324.81133 and 324.81147), as amended by 2013 PA 119.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Pettalia moved to amend the bill as follows:

1. Amend page 7, line 26, after “OPERATING” by inserting a comma and “IS A FAMILY MEMBER OF THE OWNER AND RESIDES AT THAT PROPERTY, OR IS AN INVITED GUEST OF AN INDIVIDUAL WHO OWNS THE PROPERTY”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Rendon 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

Senate Bill No. 428, entitled

A bill to amend 1915 PA 63, entitled “An act to provide for the furnishing of suitable flag holders and United States flags for the graves of veterans who served in the armed forces of the United States for the marking and designation of the graves for memorial purposes; and to provide a penalty for the removal or destruction of the flag holders and United States flags when placed,” by amending sections 1 and 1a (MCL 35.831 and 35.831a), as amended by 2006 PA 627.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 41 Yeas—101

Abed Goike Lauwers Roberts

Banks Graves LaVoy Robinson

Barnett Greimel Leonard Rogers

Bolger Haines Lipton Rutledge

Brinks Haugh Lori Santana

Brown Haveman Lund Schmidt

Brunner Heise Lyons Schor

Callton Hobbs MacGregor Segal

Cavanagh Hooker MacMaster Singh

Clemente Hovey-Wright McCann Slavens

Cochran Howrylak McCready Smiley

Cotter Irwin McMillin Somerville

Crawford Jenkins Muxlow Stallworth

Daley Johnson Nathan Stamas

Darany Kandrevas Nesbitt Stanley

Denby Kelly O’Brien Switalski

Dianda Kesto Oakes Talabi

Dillon Kivela Olumba Tlaib

Driskell Knezek Outman Townsend

Durhal Kosowski Pagel VerHeulen

Faris Kowall Phelps Victory

Forlini Kurtz Potvin Walsh

Foster LaFontaine Price Yanez

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Glardon

Nays—9

Bumstead Jacobsen Pettalia Shirkey

Farrington McBroom Poleski Yonker

Genetski

In The Chair: O’Brien

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.

______

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:

Thank you for the opportunity to explain my No vote on SB 428. I think the goal of having American-made flags used for this purpose is laudable, but I think the decision of whether to use American-made flags is better left to those who maintain cemeteries. I prefer not to see legislation compel the use of American-made flags. I appreciate this opportunity to explain my vote.”

House Bill No. 4885, entitled

A bill to amend 1929 PA 48, entitled “An act levying a specific tax to be known as the severance tax upon all producers engaged in the business of severing oil and gas from the soil; prescribing the method of collecting the tax; requiring all producers of such products or purchasers thereof to make reports; to provide penalties; to provide exemptions and refunds; to prescribe the disposition of the funds so collected; and to exempt those paying such specific tax from certain other taxes,” by amending section 3 (MCL 205.303), as amended by 1996 PA 135, and by adding section 11a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 42 Yeas—85

Bolger Haines LaVoy Price

Brown Haugh Leonard Pscholka

Brunner Haveman Lori Rendon

Bumstead Heise Lund Rogers

Callton Hooker Lyons Rutledge

Cavanagh Howrylak MacGregor Santana

Clemente Jacobsen MacMaster Schmidt

Cochran Jenkins McBroom Segal

Cotter Johnson McCann Shirkey

Crawford Kandrevas McCready Slavens

Daley Kelly Muxlow Somerville

Denby Kesto Nesbitt Stallworth

Dianda Kivela O’Brien Stamas

Durhal Knezek Oakes Stanley

Farrington Kosowski Olumba VerHeulen

Forlini Kowall Outman Victory

Foster Kurtz Pagel Walsh

Franz LaFontaine Pettalia Yanez

Genetski Lamonte Phelps Yonker

Glardon Lane Poleski Zemke

Goike Lauwers Potvin Zorn

Graves

Nays—25

Abed Faris Lipton Singh

Banks Geiss McMillin Smiley

Barnett Greimel Nathan Switalski

Brinks Hobbs Roberts Talabi

Darany Hovey-Wright Robinson Tlaib

Dillon Irwin Schor Townsend

Driskell

In The Chair: O’Brien

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.

______

Rep. McMillin, 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’ in part because I don’t think we should be deciding which extraction processes get a tax break and which shouldn’t. If we want to tax wells based on profitability, then let’s have that debate. But I disagree that we should reduce severance tax on a kind of well because the owner decides to spend more money per unit to extract it, unless we have that broad policy debate.”

House Bill No. 5254, entitled

A bill to amend 1929 PA 16, entitled “An act to regulate the business of carrying or transporting, buying, selling or dealing in crude oil or petroleum or its products, through pipe lines; to authorize the use of public highways and the condemnation of private property; to regulate the purchase and storage of crude oil or petroleum; to provide for the control and regulation of all corporations, associations and persons engaged in such business, by the Michigan public utilities commission; to define the powers and duties of the commission in relation thereto; and to prescribe penalties for violations of the provisions hereof,” by amending section 2a (MCL 483.2a), as added by 1997 PA 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. 43 Yeas—93

Abed Goike Lauwers Potvin

Barnett Graves LaVoy Price

Bolger Greimel Leonard Pscholka

Brown Haines Lori Rendon

Brunner Haugh Lund Rogers

Bumstead Haveman Lyons Rutledge

Callton Heise MacGregor Santana

Cavanagh Hooker MacMaster Schmidt

Clemente Howrylak McBroom Schor

Cochran Jacobsen McCann Segal

Cotter Jenkins McCready Shirkey

Crawford Johnson McMillin Slavens

Daley Kandrevas Muxlow Somerville

Denby Kelly Nathan Stallworth

Dianda Kesto Nesbitt Stamas

Driskell Kivela O’Brien Stanley

Durhal Knezek Oakes VerHeulen

Farrington Kosowski Olumba Victory

Forlini Kowall Outman Walsh

Foster Kurtz Pagel Yanez

Franz LaFontaine Pettalia Yonker

Geiss Lamonte Phelps Zemke

Genetski Lane Poleski Zorn

Glardon

Nays—17

Banks Hobbs Roberts Switalski

Brinks Hovey-Wright Robinson Talabi

Darany Irwin Singh Tlaib

Dillon Lipton Smiley Townsend

Faris

In The Chair: O’Brien

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. 5255, entitled

A bill to amend 1929 PA 16, entitled “An act to regulate the business of carrying or transporting, buying, selling or dealing in crude oil or petroleum or its products, through pipe lines; to authorize the use of public highways and the condemnation of private property; to regulate the purchase and storage of crude oil or petroleum; to provide for the control and regulation of all corporations, associations and persons engaged in such business, by the Michigan public utilities commission; to define the powers and duties of the commission in relation thereto; and to prescribe penalties for violations of the provisions hereof,” by amending section 2 (MCL 483.2).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 44 Yeas—69

Bolger Graves Lyons Rendon

Brown Haines MacGregor Rogers

Brunner Haugh MacMaster Rutledge

Callton Haveman McCann Santana

Cavanagh Heise McCready Schmidt

Clemente Jacobsen Muxlow Segal

Cotter Johnson Nesbitt Shirkey

Crawford Kelly O’Brien Slavens

Daley Kesto Oakes Somerville

Denby Kowall Olumba Stallworth

Durhal LaFontaine Outman Stamas

Farrington Lane Pagel Stanley

Forlini Lauwers Pettalia Victory

Foster LaVoy Phelps Walsh

Franz Leonard Poleski Yanez

Genetski Lori Price Yonker

Glardon Lund Pscholka Zorn

Goike

Nays—41

Abed Geiss Knezek Robinson

Banks Greimel Kosowski Schor

Barnett Hobbs Kurtz Singh

Brinks Hooker Lamonte Smiley

Bumstead Hovey-Wright Lipton Switalski

Cochran Howrylak McBroom Talabi

Darany Irwin McMillin Tlaib

Dianda Jenkins Nathan Townsend

Dillon Kandrevas Potvin VerHeulen

Driskell Kivela Roberts Zemke

Faris

In The Chair: O’Brien

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. 4486, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100b, 276, 277, 281, and 286 (MCL 330.1100b, 330.1276, 330.1277, 330.1281, and 330.1286), section 100b as amended and sections 276, 277, 281, and 286 as added by 2012 PA 500, and by adding section 276a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 45 Yeas—102

Abed Glardon Lauwers Rogers

Banks Goike LaVoy Rutledge

Barnett Graves Leonard Santana

Bolger Greimel Lipton Schmidt

Brinks Haines Lori Schor

Brown Haugh Lund Segal

Brunner Haveman Lyons Shirkey

Callton Heise MacGregor Singh

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Cochran Hovey-Wright McCready Somerville

Cotter Irwin Muxlow Stallworth

Crawford Jacobsen Nesbitt Stamas

Daley Jenkins O’Brien Stanley

Darany Johnson Oakes Switalski

Denby Kandrevas Olumba Talabi

Dianda Kelly Outman Tlaib

Dillon Kesto Pagel Townsend

Driskell Kivela Pettalia VerHeulen

Durhal Knezek Phelps Victory

Faris Kosowski Poleski Walsh

Farrington Kowall Potvin Yanez

Forlini Kurtz Pscholka Yonker

Foster LaFontaine Rendon Zemke

Franz Lamonte Roberts Zorn

Geiss Lane

Nays—8

Bumstead Howrylak McMillin Price

Genetski MacMaster Nathan 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 1974 PA 258, entitled “Mental health code,” by amending the title and sections 100b, 100c, 100d, 260, 276, 277, 278, 279, 281, 282, 283, 286, and 464a (MCL 330.1100b, 330.1100c, 330.1100d, 330.1260, 330.1276, 330.1277, 330.1278, 330.1279, 330.1281, 330.1282, 330.1283, 330.1286, and 330.1464a), the title as amended by 1995 PA 290, sections 100b, 100c, and 100d as amended and sections 260, 276, 277, 278, 279, 281, 282, 283, and 286 as added by 2012 PA 500, and section 464a as added by 1994 PA 339, and by adding sections 281a, 281b, and 281c.

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. 5274, entitled

A bill to amend 1929 PA 16, entitled “An act to regulate the business of carrying or transporting, buying, selling or dealing in crude oil or petroleum or its products, through pipe lines; to authorize the use of public highways and the condemnation of private property; to regulate the purchase and storage of crude oil or petroleum; to provide for the control and regulation of all corporations, associations and persons engaged in such business, by the Michigan public utilities commission; to define the powers and duties of the commission in relation thereto; and to prescribe penalties for violations of the provisions hereof,” by amending the title and sections 1, 3, 4, and 5 (MCL 483.1, 483.3, 483.4, and 483.5).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 46 Yeas—99

Abed Franz Lamonte Price

Banks Geiss Lane Pscholka

Barnett Genetski Lauwers Rendon

Bolger Glardon LaVoy Rogers

Brinks Goike Leonard Rutledge

Brown Graves Lori Santana

Brunner Greimel Lund Schmidt

Bumstead Haines Lyons Schor

Callton Haugh MacGregor Segal

Cavanagh Haveman MacMaster Shirkey

Clemente Heise McBroom Slavens

Cochran Hobbs McCann Somerville

Cotter Hooker McCready Stallworth

Crawford Jacobsen Muxlow Stamas

Daley Jenkins Nathan Stanley

Darany Johnson Nesbitt Switalski

Denby Kandrevas O’Brien Talabi

Dianda Kelly Oakes VerHeulen

Dillon Kesto Olumba Victory

Driskell Kivela Outman Walsh

Durhal Knezek Pagel Yanez

Faris Kosowski Pettalia Yonker

Farrington Kowall Phelps Zemke

Forlini Kurtz Poleski Zorn

Foster LaFontaine Potvin

Nays—11

Hovey-Wright Lipton Robinson Tlaib

Howrylak McMillin Singh Townsend

Irwin Roberts Smiley

In The Chair: O’Brien

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.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4808, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 16, 18, 200i, 204, 207, 209, 210, 211a, 316, 436, 520b, and 543f (MCL 750.16, 750.18, 750.200i, 750.204, 750.207, 750.209, 750.210, 750.211a, 750.316, 750.436, 750.520b, and 750.543f), sections 16 and 18 as amended by 2004 PA 213, sections 200i, 204, 207, 209, and 210 as amended by 2003 PA 257, section 211a as amended by 2004 PA 523, section 316 as amended by 2013 PA 39, section 436 as amended by 2002 PA 135, section 520b as amended by 2012 PA 372, and section 543f as added by 2002 PA 113.

(The bill was received from the Senate on February 12, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 16, p. 171.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 47 Yeas—60

Bolger Haines Lori Potvin

Bumstead Haveman Lund Price

Callton Heise Lyons Pscholka

Cotter Hooker MacGregor Rendon

Crawford Howrylak MacMaster Rogers

Daley Jacobsen McBroom Schmidt

Denby Jenkins McCready Schor

Farrington Johnson McMillin Shirkey

Forlini Kelly Muxlow Somerville

Foster Kesto Nesbitt Stamas

Franz Kowall O’Brien VerHeulen

Genetski Kurtz Outman Victory

Glardon LaFontaine Pagel Walsh

Goike Lauwers Pettalia Yonker

Graves Leonard Poleski Zorn

Nays—50

Abed Durhal Lane Segal

Banks Faris LaVoy Singh

Barnett Geiss Lipton Slavens

Brinks Greimel McCann Smiley

Brown Haugh Nathan Stallworth

Brunner Hobbs Oakes Stanley

Cavanagh Hovey-Wright Olumba Switalski

Clemente Irwin Phelps Talabi

Cochran Kandrevas Roberts Tlaib

Darany Kivela Robinson Townsend

Dianda Knezek Rutledge Yanez

Dillon Kosowski Santana Zemke

Driskell Lamonte

In The Chair: O’Brien

The House agreed to the full title.

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

______

Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, February 13:

House Bill Nos. 5315 5316 5317 5318 5319 5320

Senate Bill Nos. 783 784

Reports of Standing Committees

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

House Bill No. 5141, entitled

A bill to authorize the department of natural resources to convey property in Kent county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 557, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding section 207b.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

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

Senate Bill No. 558, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding section 207a.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 12, 2014

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

Absent: Rep. Walsh

Excused: Rep. Walsh

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

House Bill No. 5154, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 4, 7, 11a, 11b, and 13 of chapter VI (MCL 766.4, 766.7, 766.11a, 766.11b, and 766.13), section 4 as amended by 1994 PA 167, section 11a as added by 2004 PA 20, and section 11b as added by 2007 PA 89.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Cotter, Kesto, Heise, Johnson, LaFontaine, Leonard, Howrylak, Cavanagh, Lipton, Irwin and Clemente

Nays: None

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

House Bill No. 5155, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8311 and 8511 (MCL 600.8311 and 600.8511), section 8511 as amended by 2008 PA 95; and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Cotter, Kesto, Heise, Johnson, LaFontaine, Leonard, Howrylak, Cavanagh, Lipton, Irwin and Clemente

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 13, 2014

Present: Reps. Cotter, Kesto, Heise, Johnson, LaFontaine, Leonard, Howrylak, Cavanagh, Lipton, Irwin and Clemente

The Committee on Financial Liability Reform, by Rep. Poleski, Chair, reported

House Joint Resolution CC, entitled

A joint resolution to petition the congress of the United States to call a convention to propose amendments to the constitution of the United States to require a balanced federal budget.

With the recommendation that the substitute (H-2) be adopted and that the joint resolution then be adopted.

The joint resolution and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Poleski, Victory, Denby, McMillin, Schmidt and Jacobsen

Nays: Reps. Cavanagh, Irwin, Robinson and Barnett

The Committee on Financial Liability Reform, by Rep. Poleski, Chair, reported

Senate Joint Resolution V, entitled

A joint resolution to petition the congress of the United States to call a convention to propose amendments to the constitution of the United States to require a balanced federal budget.

With the recommendation that the substitute (H-1) be adopted and that the joint resolution then be adopted.

The joint resolution and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Poleski, Victory, Denby, McMillin, Schmidt and Jacobsen

Nays: Reps. Cavanagh, Irwin, Robinson and Barnett

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Poleski, Chair, of the Committee on Financial Liability Reform, was received and read:

Meeting held on: Thursday, February 13, 2014

Present: Reps. Poleski, Victory, Denby, McMillin, Schmidt, Callton, Jacobsen, Cavanagh, Irwin, Robinson and Barnett

Messages from the Senate

House Bill No. 5008, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 623, 665, and 671 (MCL 206.623, 206.665, and 206.671), section 623 as amended by 2012 PA 414, section 665 as added by 2011 PA 38, and section 671 as amended by 2011 PA 313.

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. 5010, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 625 and 663 (MCL 206.625 and 206.663), section 625 as amended by 2011 PA 175 and section 663 as amended by 2011 PA 308.

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. 5011, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 673 (MCL 206.673), as added by 2011 PA 181.

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. 5009, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 691 (MCL 206.691), as amended by 2012 PA 70.

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 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending section 691 (MCL 206.691), as amended by 2013 PA 266.

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

Introduction of Bills

Reps. Franz, MacMaster, Rendon, Somerville, Genetski, Kelly and Yonker introduced

House Bill No. 5321, entitled

A bill to amend 1996 PA 101, entitled “Property rights preservation act,” by amending section 4 (MCL 24.424).

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Rendon, MacMaster, Franz, Somerville, Kelly, Yonker and Genetski introduced

House Bill No. 5322, entitled

A bill to amend 1996 PA 101, entitled “Property rights preservation act,” (MCL 24.421 to 24.425) by amending the title and by adding section 6.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. MacMaster, Rendon, Franz, Somerville, Genetski, Kelly and Yonker introduced

House Bill No. 5323, entitled

A bill to amend 1996 PA 101, entitled “Property rights preservation act,” by amending section 2 (MCL 24.422).

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Jenkins, Nesbitt, McBroom, Rendon, Pettalia, Cotter, Crawford, LaVoy, MacGregor, Lauwers, Pscholka, MacMaster, Heise, Schmidt, Dianda and Kivela introduced

House Bill No. 5324, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2b (MCL 28.422b), as amended by 2001 PA 199.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Crawford, Nesbitt, McBroom, Rendon, Jenkins, Pettalia, Cotter, LaVoy, MacGregor, Lauwers, Heise, Schmidt, Dianda and Kivela introduced

House Bill No. 5325, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2012 PA 243.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. McBroom, Nesbitt, Rendon, Jenkins, Pettalia, Cotter, Crawford, LaVoy, MacGregor, Lauwers, Pscholka, MacMaster, Heise, Schmidt, Dianda and Kivela introduced

House Bill No. 5326, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5o (MCL 28.425o), as amended by 2012 PA 123.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Rendon, Nesbitt, McBroom, Jenkins, Pettalia, Cotter, Crawford, LaVoy, MacGregor, Lauwers, Pscholka, MacMaster, Heise, Schmidt, Dianda and Kivela introduced

House Bill No. 5327, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” (MCL 28.421 to 28.435) by adding section 1b.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Cotter, Nesbitt, McBroom, Rendon, Jenkins, Pettalia, Crawford, LaVoy, MacGregor, Lauwers, Pscholka, MacMaster, Heise, Schmidt, Dianda and Kivela introduced

House Bill No. 5328, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5b (MCL 28.425b), as amended by 2008 PA 406.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Pettalia, Nesbitt, McBroom, Rendon, Jenkins, Cotter, Crawford, LaVoy, Lauwers, Pscholka, Heise, Schmidt, Dianda and Kivela introduced

House Bill No. 5329, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Irwin, LaVoy, Schor, Lamonte, Zemke, Kandrevas, Driskell, Howrylak, Tlaib, Roberts, Yanez, Barnett, Hovey‑Wright, Durhal and Oakes introduced

House Bill No. 5330, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 260, 261, and 269.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Local Government, by Rep. Price, Chair, reported

House Bill No. 4638, entitled

A bill to amend 1937 PA 103, entitled “An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds,” by amending section 1 (MCL 565.201), as amended by 2007 PA 56.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Stanley, Banks, Talabi and Kosowski

Nays: None

The Committee on Local Government, by Rep. Price, Chair, reported

House Bill No. 4639, entitled

A bill to amend 1846 RS 65, entitled “Of alienation by deed, and the proof and recording of conveyances, and the canceling of mortgages,” by amending section 28 (MCL 565.28), as amended by 2008 PA 358.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Stanley, Banks, Talabi and Kosowski

Nays: None

The Committee on Local Government, by Rep. Price, Chair, reported

House Bill No. 4640, entitled

A bill to amend 1915 PA 123, entitled “An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits,” by amending section 1a (MCL 565.451a).

With the recommendation that the substitute (H-4) 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

The Committee on Local Government, by Rep. Price, Chair, reported

Senate Bill No. 574, 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.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Price, Pagel, Daley, 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, February 13, 2014

Present: Reps. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Stanley, Banks, Talabi and Kosowski

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 13, 2014

Present: Reps. Lund, Leonard, Denby, Cotter, Glardon, Goike, LaFontaine, Lyons, Nesbitt, O’Brien, Segal, Lipton, Abed, Cochran and Hovey-Wright

______

Rep. Somerville moved that the House adjourn.

The motion prevailed, the time being 1:55 p.m.

Associate Speaker Pro Tempore O’Brien declared the House adjourned until Tuesday, February 18, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

178 JOURNAL OF THE HOUSE [February 13, 2014] [No. 17

No. 17] [February 13, 2014] JOURNAL OF THE HOUSE 179

180 JOURNAL OF THE HOUSE [February 13, 2014] [No. 17

No. 17] [February 13, 2014] JOURNAL OF THE HOUSE 181

182 JOURNAL OF THE HOUSE [February 13, 2014] [No. 17

No. 17] [February 13, 2014] JOURNAL OF THE HOUSE 183

184 JOURNAL OF THE HOUSE [February 13, 2014] [No. 17

No. 17] [February 13, 2014] JOURNAL OF THE HOUSE 185

186 JOURNAL OF THE HOUSE [February 13, 2014] [No. 17

No. 17] [February 13, 2014] JOURNAL OF THE HOUSE 187

188 JOURNAL OF THE HOUSE [February 13, 2014] [No. 17

No. 17] [February 13, 2014] JOURNAL OF THE HOUSE 189

190 JOURNAL OF THE HOUSE [February 13, 2014] [No. 17

No. 17] [February 13, 2014] JOURNAL OF THE HOUSE 191

192 JOURNAL OF THE HOUSE [February 13, 2014] [No. 17