No. 30

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Tuesday, March 18, 2014.

1:30 p.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

Rep. Ray A. Franz, from the 101st District, offered the following invocation:

“Almighty God, we acknowledge our dependence upon You and we ask Your blessings upon this body, our families, our constituents, this great State and our Country. We thank You for giving us this opportunity to honor the men and women who wear the cloth of our country and serve in her hour of need, especially those who gave their lives. Father we ask You to bless and strengthen those ‘more than self –their country love’. Comfort us now in our longing for the return of the Prisoners of War and those Missing in Action. Heal our wounded warriors. Bless them. Restore them. Heal their bodies. We ask You to bless the families of our military who stay behind while their loved one goes into battle. Keep them safe and provide for their needs according to Your abundance. For all of this and more, we give thanks. Amen.”

______

The Speaker assumed the Chair.

Motions and Resolutions

Reps. Forlini, LaFontaine, Graves, Lauwers, Goike, Crawford, Denby, Hooker, LaVoy and Roberts offered the following resolution:

House Resolution No. 319.

A resolution to memorialize the Congress of the United States to oppose the U.S. Department of Defense’s budget proposal that would potentially close commissaries at U.S. military bases and to ensure that replacement aircraft are assigned to Selfridge Air National Guard Base to compensate for the proposed elimination of the A-10 fleet.

Whereas, The proposed U.S. Department of Defense budget would dramatically cut commissary services throughout the nation and eliminate the nation’s A-10 fleet, including aircraft at Michigan’s Selfridge Air National Guard Base. Selfridge currently is home to 18 A-10 Thunderbolt II aircraft and the more than 400 personnel related to that mission; and

Whereas, Our brave men and women in uniform benefit greatly from commissaries, and we should continue to provide them as part of their service. Slashing the commissary budget would likely lead to the closing of commissary stores at military installations throughout the nation. Commissary stores currently provide military families an affordable and convenient location to shop for groceries and other necessities. The U.S. Defense Commissary Agency found that commissaries save shoppers an average of 30.5 percent annually compared to off-base options; and

Whereas, The proposed cuts would have a dramatic effect on the lives and morale of the dedicated men and women who choose to serve our country at Selfridge Air National Guard Base and other U.S. military bases. The elimination of the A-10 fleet would place in jeopardy more than 400 jobs at Selfridge alone. Closing commissaries would increase living expenses for military families, essentially helping to balance the defense budget at the expense of the men and women who serve; and

Whereas, In Michigan, these proposed cuts would have immeasurable impacts on Macomb County and the local communities surrounding the Selfridge Air National Guard Base. For nearly a century, the base has been a source of community pride, local jobs, and local revenue as well as a key component of disaster response for the entire state and a vital base for our nation’s homeland security; and

Whereas, The A-10 fleet should not be eliminated until replacement aircraft can be assigned to Selfridge Air National Guard Base. The proposed cuts would compound past, short-sighted decisions to transfer the A-10 aircraft to Selfridge despite the knowledge that these aircraft would be phased out. These decisions have made Selfridge vulnerable to closure in future Base Realignment and Closure Commission recommendations. Assigning replacement aircraft would not only maintain the viability of this important base for homeland security, but would also be cost-effective: the Air National Guard can operate aircraft at about half the cost of an active duty unit; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to oppose the U.S. Department of Defense’s budget proposal that would potentially close commissaries at U.S. military bases and to ensure that replacement aircraft are assigned to Selfridge Air National Guard Base to compensate for the proposed elimination of the A-10 fleet; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Military and Veterans Affairs.

Reps. Talabi, Durhal, Stallworth, Banks, Slavens, Stanley, Brown, Nathan, Hovey-Wright, Kandrevas, Singh, Robinson, Santana, Phelps, Brunner, Smiley, Hobbs, Yanez, Lamonte, Brinks, Driskell, Schor, Zemke, Lipton, Segal, Crawford, Kurtz, Yonker, Haines, Abed, Kosowski and Oakes offered the following resolution:

House Resolution No. 320.

A resolution to encourage Michigan pharmacies to stop selling tobacco products.

Whereas, CVS Caremark recently announced it will remove all tobacco products from its stores by October 2014, saying the sales of tobacco products is inconsistent with the pharmacy’s mission to promote health. By making this bold and unprecedented move, CVS will be foregoing billions of dollars of revenue annually from its stores across the United States; and

Whereas, According to the U.S. Centers for Disease Control and Prevention (CDC), tobacco use is the single most preventable cause of disease, disability, and death in the United States. Tobacco use is related to asthma, cancer, diabetes, heart disease, stroke, and other diseases. Smoking or exposure to secondhand smoke causes serious illness to millions of Americans and the premature deaths of an estimated 443,000 people each year. In addition to its damaging toll on Americans’ health, tobacco use imposes a significant economic burden—more than $96 billion a year in medical costs and another $97 billion a year from lost productivity; and

Whereas, Pharmacies are part of the health care infrastructure in the United States and should not contribute to a preventable cause of death and disease. Pharmacies that refuse to sell tobacco products can better serve their patients, clients, and health care providers. Clearly, removing tobacco products from the shelves of retail pharmacies is the right thing to do; now, therefore, be it

Resolved by the House of Representatives, That we encourage all Michigan pharmacies to stop selling tobacco products; and be it further

Resolved, That copies of this resolution be transmitted to the Chain Drug Marketing Association, the National Association of Chain Drug Stores, the National Community Pharmacists Association, the Michigan Pharmacists Association, and CVS Caremark.

The resolution was referred to the Committee on Health Policy.

Reps. Cavanagh, Durhal, Kelly, LaVoy, Oakes, Roberts, Slavens and Stanley offered the following resolution:

House Resolution No. 321.

A resolution to declare March 17-21, 2014, as School Counselor Week in the state of Michigan.

Whereas, The House of Representatives has recognized the importance of school counseling through the inclusion of elementary and secondary school counseling programs in Michigan schools; and

Whereas, School counselors have long emphasized the importance of personal and social development and academic achievement and help develop well-rounded students by guiding them through their academic, personal, social, and career development; and

Whereas, School counselors play a vital role in ensuring that students are aware of financial aid and college opportunities, and encourage students to pursue challenging academic courses to prepare them for college majors and careers in the science, technology, engineering, and mathematics fields; and

Whereas, School counselors help students cope with the serious and common challenges of growing up, including peer pressure, mental health issues, school violence, disciplinary problems, the deployment of family members to conflicts overseas, and problems in the home, and are also instrumental in helping students, teachers, and parents deal with personal trauma and community and national tragedies; and

Whereas, School counselors are among the few professionals in a school building that are trained both in education and mental health; and

Whereas, Despite the important contributions of school counselors to student success, counseling positions are not always protected when budgets are cut; and

Whereas, The average student-to-counselor ratio in Michigan public schools is 634 to 1, almost triple the 250 to 1 ratio recommended by the American School Counselor Association, the American Counseling Association, the American Medical Association, the American Psychological Association, and other organizations; and

Whereas, The celebration of Michigan School Counselor Week will increase awareness of the important and necessary role school counselors play in the lives of students in Michigan; and

Whereas, It is important to acknowledge the role school counselors play in cultivating our most important resource, Michigan’s children; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 17-21, 2014, as School Counselor Week in the state of Michigan.

The question being on the adoption of the resolution,

Rep. Cavanagh moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 321.

A resolution to declare March 17-21, 2014, as School Counselor Week in the state of Michigan.

Whereas, The House of Representatives has recognized the importance of school counseling through the inclusion of elementary and secondary school counseling programs in Michigan schools; and

Whereas, School counselors are among the few professionals in a school building that are trained both in education and mental health; and

Whereas, Despite the important contributions of school counselors to student success, counseling positions are not always protected when budgets are cut; and

Whereas, The average student-to-counselor ratio in Michigan public schools is 706 to 1, almost triple the 250 to 1 ratio recommended by the American School Counselor Association, the American Counseling Association, the American Medical Association, the American Psychological Association, and other organizations; and

Whereas, The celebration of Michigan School Counselor Week will increase awareness of the important and necessary role school counselors play in the lives of students in Michigan; and

Whereas, It is important to acknowledge the role school counselors play in cultivating our most important resource, Michigan’s children; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 17-21, 2014, as School Counselor Week in the state of Michigan.

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.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 315.

A resolution to memorialize the President and Congress of the United States to support Michigan’s application for a state-sponsored EB-5 regional center.

(For text of resolution, see House Journal No. 27, p. 339.)

(The resolution was reported by the Committee on Michigan Competitiveness on March 12.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 316.

A resolution to memorialize the President and Congress of the United States to support Michigan’s request for 50,000 EB-2 visas to assist in the economic recovery of the city of Detroit.

(For text of resolution, see House Journal No. 27, p. 340.)

(The resolution was reported by the Committee on Michigan Competitiveness on March 12.)

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4811, entitled

A bill to amend 2004 PA 363, entitled “Military family relief fund act,” by amending sections 2 and 4 (MCL 35.1212 and 35.1214).

(The bill was received from the Senate on March 13, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 29, p. 412.)

The question being on concurring in the substitute (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. 115 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 full title.

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

Third Reading of Bills

Senate Bill No. 575, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16231 and 16232 (MCL 333.16231 and 333.16232), section 16231 as amended by 2010 PA 382 and section 16232 as amended by 1993 PA 79, and by adding section 16216a.

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

Roll Call No. 116 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 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 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 16231 and 16232 (MCL 333.16231 and 333.16232), as amended by 2013 PA 268, and by adding section 16216a.

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.

Senate Bill No. 576, entitled

A bill to establish supplemental conflict of interest standards for members of regulatory bodies in the department of licensing and regulatory affairs; to require disclosure of certain interests; to provide grounds for removal of members of regulatory bodies; to provide a process for raising and determining possible conflicts of interest; and to provide for voiding certain actions taken in violation of this act.

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

Roll Call No. 117 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.

Senate Bill No. 577, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16221, 16222, 16226, and 16227 (MCL 333.16221, 333.16222, 333.16226, and 333.16227), section 16221 as amended by 2012 PA 501, section 16222 as added and section 16227 as amended by 1993 PA 79, and section 16226 as amended by 2012 PA 499.

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

Roll Call No. 118 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 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 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 16221, 16222, 16226, and 16227 (MCL 333.16221, 333.16222, 333.16226, and 333.16227), sections 16221, 16222, and 16226 as amended by 2013 PA 268 and section 16227 as amended by 1993 PA 79.

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.

Senate Bill No. 578, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16216 (MCL 333.16216), as added by 1993 PA 87.

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

Roll Call No. 119 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 question being on agreeing to the title of the bill,

Rep. Stamas moved to amend the title to read as follows:

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.

Second Reading of Bills

House Bill No. 5234, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 156, 462a, 462b, 462c, 462d, 462e, 462f, 462g, and 462h (MCL 750.156, 750.462a, 750.462b, 750.462c, 750.462d, 750.462e, 750.462f, 750.462g, and 750.462h), sections 462a, 462b, 462c, 462d, 462e, 462f, 462g, and 462h as added by 2006 PA 162; and to repeal acts and parts of acts.

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

The motion prevailed.

House Bill No. 5235, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2010 PA 361.

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. Hovey-Wright moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5236, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2010 PA 363.

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

The motion prevailed.

House Bill No. 5237, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 16b (MCL 780.766b), as added by 2010 PA 364.

The bill was read a second time.

Rep. Heise moved to amend the bill as follows:

1. Amend page 2, following line 18, by inserting:

“Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.” and renumbering the remaining enacting section.

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

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

The motion prevailed.

House Bill No. 5239, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 3 (MCL 722.623), as amended by 2008 PA 510.

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

The motion prevailed.

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.

The bill was read a second time.

Rep. Heise moved to amend the bill as follows:

1. Amend page 2, line 10, after “TO” by striking out “750.462J” and inserting “750.462H”.

2. Amend page 2, line 18, after “TO” by striking out “750.462J” and inserting “750.462H”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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 second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Justice,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Kivela 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

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 13:

Senate Bill Nos. 866 867 868 869 870 871

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, March 14:

Senate Bill Nos. 872 873 874 875 876 877

The Clerk announced that the following bill had been printed and placed upon the files of the members on Tuesday, March 18:

Senate Bill No. 878

The Clerk announced that the following Senate bill had been received on Tuesday, March 18:

Senate Bill No. 644

Reports of Standing Committees

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

House Bill No. 4997, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), as amended by 2006 PA 236.

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. Crawford, McBroom, Denby, McMillin, LaFontaine, Rendon, Yonker, Kelly, Kesto, Haugh, Abed, Stanley and Dianda

Nays: None

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

Senate Bill No. 667, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending section 2 (MCL 722.642), as amended by 2006 PA 236.

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. Crawford, McBroom, Denby, McMillin, LaFontaine, Rendon, Yonker, Kelly, Kesto, Haugh, Abed, Stanley and Dianda

Nays: None

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

Senate Bill No. 668, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending the title and sections 1 and 4 (MCL 722.641 and 722.644), as amended by 2006 PA 236.

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. Crawford, McBroom, Denby, McMillin, LaFontaine, Rendon, Yonker, Kelly, Kesto, Haugh, Abed, Stanley and Dianda

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Crawford, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Tuesday, March 18, 2014

Present: Reps. Crawford, McBroom, Denby, McMillin, LaFontaine, Rendon, Yonker, Kelly, Kesto, Haugh, Abed, Stanley, Dianda, Nathan and Schor

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 805, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100b, 134a, 504, 515, 932, 1001a, 1003, 1003a, 1003b, 1003c, 1004, 1005d, and 1006 (MCL 330.1100b, 330.1134a, 330.1504, 330.1515, 330.1932, 330.2001a, 330.2003, 330.2003a, 330.2003b, 330.2003c, 330.2004, 330.2005d, and 330.2006), section 100b as amended by 2012 PA 500, section 134a as amended by 2010 PA 293, section 515 as amended by 1995 PA 290, sections 1001a, 1003a, 1003b, 1004, 1005d, and 1006 as amended and section 1003c as added by 1993 PA 252, and section 1003 as amended by 2007 PA 112.

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. Haines, Callton, Crawford, Genetski, Foster, Hooker, Yonker, Zorn, Graves, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 806, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 34b (MCL 400.734b), as amended by 2010 PA 292.

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. Haines, Callton, Crawford, Genetski, Foster, Hooker, Yonker, Zorn, Graves, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 807, entitled

A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 2 (MCL 550.52).

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. Haines, Callton, Crawford, Genetski, Foster, Hooker, Yonker, Zorn, Graves, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 808, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending section 410 (MCL 550.1410), as amended by 1998 PA 24.

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. Haines, Callton, Crawford, Genetski, Foster, Hooker, Yonker, Zorn, Graves, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 809, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 20a, 21a, and 36 of chapter VIII and section 15g of chapter XVII (MCL 768.20a, 768.21a, 768.36, and 777.15g), section 20a of chapter VIII as amended by 2006 PA 655, section 21a of chapter VIII as amended by 1994 PA 56, section 36 of chapter VIII as amended by 2002 PA 245, and section 15g of chapter XVII as amended by 2008 PA 16.

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. Haines, Callton, Crawford, Genetski, Foster, Hooker, Yonker, Zorn, Graves, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 810, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43515 (MCL 324.43515), as added by 1995 PA 57.

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. Haines, Callton, Crawford, Genetski, Foster, Hooker, Yonker, Zorn, Graves, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 811, entitled

A bill to amend 1981 PA 180, entitled “Older Michiganians act,” by amending section 6 (MCL 400.586), as amended by 1987 PA 35.

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. Haines, Callton, Crawford, Genetski, Foster, Hooker, Yonker, Zorn, Graves, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Haines, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Tuesday, March 18, 2014

Present: Reps. Haines, Callton, Crawford, Genetski, Foster, Hooker, Yonker, Zorn, Graves, Kesto, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Absent: Rep. Shirkey

Excused: Rep. Shirkey

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Schmidt, Chair, of the Committee on Transportation and Infrastructure, was received and read:

Meeting held on: Tuesday, March 18, 2014

Present: Reps. Schmidt, Glardon, Daley, Heise, Jacobsen, O’Brien, Pettalia, Lauwers, McCready, Lane, Dianda, Rutledge, Driskell, Cochran and Smiley

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaFontaine, Chair, of the Committee on Natural Resources, was received and read:

Meeting held on: Tuesday, March 18, 2014

Present: Reps. LaFontaine, Rendon, Goike, Johnson, McBroom, Victory, Smiley, Dianda and Kivela

Messages from the Senate

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.

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.

House Bill No. 5255, entitled

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

House Bill No. 5274, entitled

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

Senate Bill No. 644, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311g (MCL 380.1311g), as amended by 2008 PA 1; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Jenkins, Yonker, Kelly, Somerville, Franz and Pettalia introduced

House Bill No. 5412, entitled

A bill to amend 1999 PA 276, entitled “Banking code of 1999,” (MCL 487.11101 to 487.15105) by adding section 4111.

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

Reps. Jenkins, Yonker, Kelly, Somerville, Franz and Pettalia introduced

House Bill No. 5413, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 315a and 376a (MCL 750.315a and 750.376a), as amended by 2003 PA 217.

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

Reps. Haveman, Haines, Victory, Pscholka, Heise, Bumstead, Kowall, Walsh, Glardon, Lyons, Foster, Rendon, Lori, Santana, Graves, Price, Shirkey, Somerville, Cotter, Jenkins, Rogers, Denby, Jacobsen, Pagel, Forlini, Kurtz, Knezek, Stallworth, Daley, Schmidt, McMillin, Genetski, MacMaster, Franz, Kelly, Pettalia, Crawford, MacGregor, McCready, Outman, Barnett, Johnson, Yonker, Callton, Farrington, Goike, Howrylak, Muxlow, Lauwers, Lund, Zorn, Geiss, Cochran, Olumba, Tlaib, Poleski, Durhal, LaVoy, Faris, Talabi, Dillon, Potvin, Hooker, Nesbitt, Leonard, O’Brien, Kesto, Robinson, VerHeulen, McBroom, LaFontaine, Banks, Nathan, Rutledge, Kivela, Cavanagh, Zemke, Hobbs, Kosowski, Brown, Hovey-Wright, Abed, Lipton, Irwin, Roberts, Phelps, Stanley, Townsend, McCann, Darany, Kandrevas, Yanez, Brinks, Clemente, Lane, Haugh, Driskell, Switalski, Brunner, Smiley, Lamonte, Singh, Segal, Dianda, Schor, Oakes and Slavens introduced

House Bill No. 5414, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2012 PA 203.

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

Reps. Forlini, Kivela, Kowall and Lane introduced

House Bill No. 5415, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5718 (MCL 600.5718).

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

Reps. Hovey-Wright, Geiss, Singh, Robinson, Faris, Barnett, Talabi, Townsend, Phelps, Switalski, Brinks, Lamonte, Dianda, Lipton, Schor, McCann, Roberts, Slavens, Segal, Stanley, Dillon, Driskell, Cavanagh, Banks, Stallworth, Cochran, Greimel, Rutledge, Santana and Nathan introduced

House Bill No. 5416, entitled

A bill to prohibit an employer from discriminating against an individual based on reproductive health decisions; to prohibit an employer from making certain personal inquiries of employees or applicants for employment; to prohibit retaliation for actions taken to enforce this act; and to provide remedies.

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

Announcements by the Clerk

March 13, 2014

Received from the Auditor General a copy of the following audit report and/or report summary:

Performance audit of the Department of Insurance and Financial Services, March 2014.

March 13, 2014

Received from the Auditor General a copy of the following audit report and/or report summary:

Performance audit of the Health Facilities Division, Bureau of Health Care Services, Department of Licensing and Regulatory Affairs, March 2014.

March 14, 2014

Received from the Auditor General a copy of the following audit report and/or report summary:

Follow-up of the performance audit of Selected Payment and Related Systems, Michigan Department of Education and Department of Technology, Management, and Budget, March 2014.

Gary L. Randall

Clerk of the House

March 14, 2014

Pursuant to Public Act 240 of 2013 creating the Michigan State Capitol Commission having taken effect on March 14, 2014, we are appointing Mr. John Truscott, President of Truscott Rossman, 124 Allegan, Suite 800, Lansing, MI 48933 and Mr. Tim Bowlin, Chief Financial Officer and Business Director of the House of Representatives, 124 N. Capitol Ave., Suite 1022, Lansing, MI 48933 to serve on the Michigan State Capitol Commission for terms ending March 13, 2016.

Gary L. Randall, Clerk of the House

Carol Viventi, Secretary of the Senate

______

Rep. Roberts moved that the House adjourn.

The motion prevailed, the time being 4:10 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, March 19, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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