No. 82

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Thursday, October 3, 2013.

12:00 Noon.

The House was called to order by the Speaker.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Abed—present Glardon—present Lauwers—present Roberts—present

Banks—present Goike—present LaVoy—present Robinson—present

Barnett—present Graves—present Leonard—present Rogers—present

Bolger—present Greimel—present Lipton—present Rutledge—excused

Brinks—present Haines—present Lori—present Santana—present

Brown—present Haugh—present Lund—present Schmidt—present

Brunner—present Haveman—present Lyons—present Schor—present

Bumstead—present Heise—present MacGregor—present Segal—present

Callton—present Hobbs—present MacMaster—present Shirkey—present

Cavanagh—present Hooker—present McBroom—present Singh—present

Clemente—present Hovey-Wright—present McCann—present Slavens—present

Cochran—present Howrylak—present McCready—present Smiley—present

Cotter—present Irwin—present McMillin—present Somerville—present

Crawford—present Jacobsen—present Muxlow—present Stallworth—present

Daley—present Jenkins—present Nathan—present Stamas—present

Darany—present Johnson—present Nesbitt—present Stanley—present

Denby—present Kandrevas—present O’Brien—present Switalski—present

Dianda—present Kelly—present Oakes—present Talabi—present

Dillon—present Kesto—present Olumba—present Tlaib—present

Driskell—present Kivela—present Outman—present Townsend—present

Durhal—present Knezek—present Pagel—present VerHeulen—present

Faris—present Kosowski—present Pettalia—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

e/d/s = entered during session

Rev. Bryan Smith, Reverend of Geneva Presbyterian Church in Canton, offered the following invocation:

“Almighty and Everlasting God,

I pray for Your blessing upon these public servants who have been entrusted with a sacred purpose. I thank You for their gifts, their energy, and for their commitment to serve the people of this great state.

Grant them, I pray, Your wisdom and discernment to carry out the work that awaits them this day. May Your Spirit move amongst them, infusing them with fresh inspiration, vision, and direction.

And I pray, God of love and grace, that You would not only anoint their thinking, but bless their hearts and spirits as well. May they conduct their work in a spirit that extends respect and care to one another. May they be given the divine grace to see You in each other and to honor and celebrate the Great Truth, that beneath our political affiliations, we have been given a common identity and purpose as Your sons and daughters.

So I pray that their convictions would be infused with compassion, their agendas undergirded by humility, and their interactions bathed in mutual forbearance.

Let their work be so guided and inspired by You that You will be pleased by what they accomplish this day.

Hear this prayer, I pray, in the love, hope, and truth in which it is given.

Amen.”

______

Rep. Schor moved that Rep. Rutledge be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Schmidt, Graves, Kowall, Goike, Rendon, Jenkins, Foster, LaFontaine, Leonard, Haveman, Somerville, Pscholka, Durhal and Howrylak offered the following resolution:

House Resolution No. 236.

A resolution to urge the Congress of the United States to live under the Patient Protection and Affordable Care Act and reject subsidies for health insurance from the U.S. Office of Personnel Management.

Whereas, The Patient Protection and Affordable Care Act will require Americans not currently covered under health insurance to purchase it. Millions of hard-working people will have no choice but to purchase insurance from health insurance exchanges; and

Whereas, Congress made the sound decision that it should live under the same requirements that it is now imposing on many other Americans. Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act requires members of Congress and their staff to obtain insurance from health plans created under the act or exchanges established under the act. This requirement ensures that our elected representatives will experience the same confusion and economic burden as millions of Americans who do not have the luxury of an employer-sponsored plan; and

Whereas, The U.S. Office of Personnel Management has decided that lawmakers and their staff will now receive a substantial subsidy to help purchase health insurance. The subsidy will cover over 70 percent of the costs on an exchange. It essentially bypasses the intent of the Patient Protection and Affordable Care Act and insulates Congress from experiencing the increased costs that will result for many ordinary Americans; and

Whereas, Congress should resist the temptation to accept special privileges for itself that are not available to the people that they represent. The Patient Protection and Affordable Care Act will have a dramatic, and potentially damaging, impact on the lives of people and businesses in the United States. Congress should share this impact in the name of fairness and to evaluate first-hand its work. To do otherwise would be an unfortunate display of hypocrisy; now, therefore, be it

Resolved by the House of Representatives, That we urge the Congress of the United States to live under the Patient Protection and Affordable Care Act and reject subsidies for health insurance from the U.S. Office of Personnel Management; 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 Insurance.

Reps. Lane, Darany, Denby, Durhal and Roberts offered the following resolution:

House Resolution No. 237.

A resolution to declare October 3, 2013, as Chiari Awareness Day in the state of Michigan.

Whereas, Chiari malformation is a neurological disorder where the cerebellum of the brain descends out of the skull and places pressure on the brain and the spinal cord; and

Whereas, Individuals with Chiari malformation also struggle with many other related conditions. A few of them are hydrocephalus, tethered spinal cord, intercranial hypertension, syringomyelia, and spina bifida; and

Whereas, It was estimated that Chiari malformations occur in 1 in 1,000 births. However, now with the use of MRI’s becoming more frequent, it is believed that Chiari malformation is much more prevalent; and

Whereas, There are four different types of Chiari malformations, differing by the amount of the herniation protruding from the skull; and

Whereas, Chiari does not discriminate, it affects people of any age. The average age of diagnosis is in the mid-thirties. However, as pediatricians are slowly learning more about the condition, it is being found in children more frequently; and

Whereas, Chiari malformation is often considered an invisible illness. Chiarians are often not believed of their symptoms because none of them can be seen; and

Whereas, There is no cure for Chiari. There is for some Chiarians a surgery called a “Posterior Fossa Decompression” which can offer some relief of symptoms. However, this is not a cure. And for many they see no relief; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 3, 2013, as Chiari Awareness Day in the state of Michigan. We encourage all citizens to help educate and support family, friends and neighbors who have been affected by Chiari. By increasing awareness of the risk factors and taking direct actions to reduce them, we can enable those who suffer from the disorder to live more peacefully; and be it further

Resolved, That a copy of this resolution be transmitted to the Office of the Governor of Michigan and director of the Department of Community Health.

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. 163.

A resolution to declare October 2013 as Microenterprise Month in the state of Michigan.

(For text of resolution, see House Journal No. 54, p. 1124.)

(The resolution was reported by the Committee on Commerce on October 2.)

The question being on the adoption of the resolution,

The resolution was adopted.

______

Rep. Stamas moved that Rep. Lori be excused temporarily from today’s session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4633, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 224 (MCL 257.224), as amended by 2012 PA 491.

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

Roll Call No. 308 Yeas—74

Banks Glardon Lane Pscholka

Barnett Graves Lauwers Rendon

Bolger Haines LaVoy Robinson

Brunner Haugh Lipton Santana

Callton Haveman Lund Schmidt

Cavanagh Heise Lyons Schor

Clemente Hobbs MacGregor Shirkey

Cochran Hovey-Wright McCready Slavens

Cotter Irwin Muxlow Stallworth

Crawford Jacobsen Nathan Stamas

Daley Jenkins Nesbitt Talabi

Darany Kandrevas Oakes Townsend

Denby Kesto Outman VerHeulen

Driskell Kivela Pagel Victory

Durhal Knezek Pettalia Walsh

Farrington Kosowski Poleski Yonker

Forlini Kowall Potvin Zemke

Foster Kurtz Price Zorn

Geiss LaFontaine

Nays—33

Abed Goike MacMaster Segal

Brinks Greimel McBroom Singh

Brown Hooker McCann Smiley

Bumstead Howrylak McMillin Somerville

Dianda Johnson O’Brien Stanley

Dillon Kelly Olumba Switalski

Faris Lamonte Roberts Tlaib

Franz Leonard Rogers Yanez

Genetski

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.

______

Rep. MacMaster, 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:

Without a study to conclude the necessity for the need to replace license plates and charge another fee on the taxpayers of Michigan is not the direction I think we should go. This is more of a money grab under the guise of the term ‘safety’ and I am fearful that we are sending the wrong message to the public when we haven’t conducted a study first to determine if this should even be considered. With an existing law in place, our govt should not mandate a timeframe on everyone having to replace their license plates.”

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).

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

Roll Call No. 309 Yeas—107

Abed Genetski Lane Roberts

Banks Glardon Lauwers Robinson

Barnett Goike LaVoy Rogers

Bolger Graves Leonard Santana

Brinks Greimel Lipton Schmidt

Brown Haines Lund Schor

Brunner Haugh Lyons Segal

Bumstead Haveman MacGregor Shirkey

Callton Heise MacMaster Singh

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Cochran Hovey-Wright McCready Somerville

Cotter Howrylak McMillin Stallworth

Crawford Irwin Muxlow Stamas

Daley Jacobsen Nathan Stanley

Darany Jenkins Nesbitt Switalski

Denby Johnson O’Brien Talabi

Dianda Kandrevas Oakes Tlaib

Dillon Kelly Olumba Townsend

Driskell Kesto Outman VerHeulen

Durhal Kivela Pagel Victory

Faris Knezek Pettalia Walsh

Farrington Kosowski Poleski Yanez

Forlini Kowall Potvin Yonker

Foster Kurtz Price Zemke

Franz LaFontaine Pscholka Zorn

Geiss Lamonte Rendon

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.

Reps. Banks, Barnett, Brinks, Brunner, Clemente, Cochran, Cotter, Daley, Darany, Denby, Dillon, Driskell, Durhal, Faris, Farrington, Foster, Glardon, Goike, Graves, Greimel, Haines, Haveman, Heise, Hobbs, Hooker, Hovey-Wright, Howrylak, Jenkins, Kandrevas, Kesto, Kivela, Knezek, Kosowski, Lamonte, Lane, Lauwers, LaVoy, Leonard, Lund, Lyons, McCann, McCready, Muxlow, Nathan, O’Brien, Outman, Pettalia, Poleski, Price, Pscholka, Rendon, Robinson, Rogers, Schmidt, Schor, Segal, Shirkey, Singh, Slavens, Smiley, Stallworth, Stamas, Switalski, Talabi, Townsend, VerHeulen, Victory, Walsh, Yanez and Yonker were named co‑sponsors of the bill.

House Bill No. 4194, entitled

A bill to amend 1978 PA 30, entitled “An act to provide for the creation and use of budget stabilization funds by counties, cities, villages, and townships,” by amending section 3 (MCL 141.443).

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

Roll Call No. 310 Yeas—107

Abed Genetski Lane Rendon

Banks Glardon Lauwers Roberts

Barnett Goike LaVoy Rogers

Bolger Graves Leonard Santana

Brinks Greimel Lipton Schmidt

Brown Haines Lori Schor

Brunner Haugh Lund Segal

Bumstead Haveman Lyons Shirkey

Callton Heise MacGregor Singh

Cavanagh Hobbs MacMaster Slavens

Clemente Hooker McBroom Smiley

Cochran Hovey-Wright McCann Somerville

Cotter Howrylak McCready Stallworth

Crawford Irwin McMillin Stamas

Daley Jacobsen Muxlow Stanley

Darany Jenkins Nathan Switalski

Denby Johnson Nesbitt Talabi

Dianda Kandrevas O’Brien Tlaib

Dillon Kelly Oakes Townsend

Driskell Kesto Olumba VerHeulen

Durhal Kivela Outman Victory

Faris Knezek Pagel Walsh

Farrington Kosowski Pettalia Yanez

Forlini Kowall Poleski Yonker

Foster Kurtz Potvin Zemke

Franz LaFontaine Price Zorn

Geiss Lamonte Pscholka

Nays—1

Robinson

In The Chair: Walsh

The House agreed to the title of the bill.

Senate Bill No. 351, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20101 (MCL 324.20101), as amended by 2012 PA 446.

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

Roll Call No. 311 Yeas—94

Abed Franz Lamonte Pscholka

Banks Genetski Lauwers Rendon

Bolger Glardon LaVoy Rogers

Brinks Goike Leonard Santana

Brown Graves Lori Schmidt

Brunner Greimel Lund Schor

Bumstead Haines Lyons Segal

Callton Haveman MacGregor Shirkey

Cavanagh Heise MacMaster Singh

Clemente Hobbs McBroom Slavens

Cochran Hooker McCann Smiley

Cotter Howrylak McCready Somerville

Crawford Jacobsen McMillin Stallworth

Daley Jenkins Muxlow Stamas

Darany Johnson Nesbitt Stanley

Denby Kandrevas O’Brien Talabi

Dianda Kelly Oakes Townsend

Dillon Kesto Outman VerHeulen

Driskell Kivela Pagel Victory

Durhal Knezek Pettalia Walsh

Faris Kosowski Poleski Yonker

Farrington Kowall Potvin Zemke

Forlini Kurtz Price Zorn

Foster LaFontaine

Nays—14

Barnett Irwin Olumba Switalski

Geiss Lane Roberts Tlaib

Haugh Lipton Robinson Yanez

Hovey-Wright Nathan

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. Stamas moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Senate Bill No. 25, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2012 PA 524.

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

Roll Call No. 312 Yeas—102

Abed Geiss Lauwers Pscholka

Banks Genetski LaVoy Rendon

Barnett Glardon Leonard Roberts

Bolger Goike Lipton Rogers

Brinks Graves Lori Santana

Brown Greimel Lund Schmidt

Brunner Haines Lyons Segal

Bumstead Haugh MacGregor Shirkey

Callton Haveman MacMaster Slavens

Cavanagh Heise McBroom Smiley

Clemente Hobbs McCann Somerville

Cochran Hooker McCready Stallworth

Cotter Hovey-Wright McMillin Stamas

Crawford Howrylak Muxlow Stanley

Daley Irwin Nathan Switalski

Darany Jacobsen Nesbitt Talabi

Denby Jenkins O’Brien Tlaib

Dianda Johnson Oakes Townsend

Dillon Kandrevas Olumba VerHeulen

Driskell Kelly Outman Victory

Durhal Kesto Pagel Walsh

Faris Kowall Pettalia Yanez

Farrington Kurtz Poleski Yonker

Forlini LaFontaine Potvin Zemke

Foster Lamonte Price Zorn

Franz Lane

Nays—6

Kivela Kosowski Schor Singh

Knezek 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 provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; 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.

______

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, October 3:

House Bill Nos. 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049

The Clerk announced that the following Senate bill had been received on Thursday, October 3:

Senate Bill No. 372

Reports of Standing Committees

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

House Bill No. 4545, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 907 (MCL 257.907), as amended by 2011 PA 159 and by adding section 676c.

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. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Cavanagh, Lipton and Clemente

Nays: Reps. Leonard and Irwin

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

House Bill No. 4966, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 350a (MCL 750.350a), as amended by 2012 PA 548.

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, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente

Nays: None

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

House Bill No. 4967, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1076 (MCL 600.1076), as amended by 2012 PA 547.

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, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente

Nays: None

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

House Bill No. 4968, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 4a of chapter IX (MCL 769.4a), as amended by 2012 PA 550.

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, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente

Nays: None

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

House Bill No. 4969, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2012 PA 549.

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, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente

Nays: None

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

House Bill No. 5048, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 430 (MCL 750.430), as amended by 2004 PA 223.

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, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente

Nays: None

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

House Bill No. 5049, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1209 (MCL 600.1209), as added by 2012 PA 335.

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, Jacobsen, Johnson, LaFontaine, Leonard, 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, October 3, 2013

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

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

House Bill No. 4622, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending section 197 (MCL 280.197).

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. Price, Pagel, Daley, Pettalia, Somerville, Rendon, Graves, Stanley, Banks and Talabi

Nays: None

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

House Bill No. 4793, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 75 and 128 (MCL 280.75 and 280.128); 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. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Stanley, Banks and Talabi

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, October 3, 2013

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

Absent: Rep. Rutledge

Excused: Rep. Rutledge

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 3, 2013

Present: Reps. Pettalia, Goike, Crawford, Genetski, Rendon, Pagel, Kosowski, Brunner and Kivela

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, October 3, 2013

Present: Reps. Poleski, Victory, Denby, McMillin, Schmidt, Shirkey, Callton, Cavanagh, Talabi, Irwin and Robinson

Messages from the Senate

House Bill No. 4002, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 30 (MCL 205.30), as amended by 1993 PA 14.

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. 372, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 8 and 27 (MCL 211.8 and 211.27), section 8 as amended by 2006 PA 633 and section 27 as amended by 2012 PA 409.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Heise, Singh, VerHeulen, Yanez, Faris, Pscholka, Daley, Foster, McBroom, Clemente, Hooker, Nesbitt, Townsend, Yonker, Lyons and Oakes introduced

House Bill No. 5050, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411w (MCL 750.411w), as added by 2012 PA 146.

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

Reps. Cotter, Heise, Singh, VerHeulen, Yanez, Faris, Pscholka, Daley, McBroom, Clemente, Hooker, Nesbitt, Townsend, Yonker, Lyons and Oakes introduced

House Bill No. 5051, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 539k (MCL 750.539k), as added by 2004 PA 460.

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

Reps. Callton, Heise, Singh, VerHeulen, Yanez, Faris, Pscholka, Daley, McBroom, Clemente, Hooker, Nesbitt, Townsend, Yonker, Lyons and Oakes introduced

House Bill No. 5052, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16aa of chapter XVII (MCL 777.16aa), as added by 2007 PA 20.

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

Reps. Lipton, Heise, Singh, VerHeulen, Yanez, Faris, Pscholka, Daley, McBroom, Clemente, Hooker, Nesbitt, Townsend, Yonker, Lyons and Oakes introduced

House Bill No. 5053, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 10c of chapter II (MCL 762.10c), as amended by 2010 PA 316.

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

Reps. Kivela, Heise, Singh, VerHeulen, Kosowski, LaVoy, Knezek, Dianda, Schmidt, LaFontaine, McBroom, Potvin, Lyons, Yanez, Faris, Pscholka, Daley, Clemente, Hooker, Nesbitt, Townsend, Yonker and Oakes introduced

House Bill No. 5054, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2012 PA 332.

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

Reps. Johnson, Lauwers, Daley, Bumstead and Leonard introduced

House Bill No. 5055, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2012 PA 331.

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

Reps. Johnson, Kelly, Rendon, Lauwers, Daley, Bumstead and Brunner introduced

House Bill No. 5056, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 32d (MCL 388.1632d), as amended by 2013 PA 60.

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

Reps. Johnson, Rendon, Goike, Lauwers, Daley, Robinson and Bumstead introduced

House Bill No. 5057, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5801, 5821, and 5867 (MCL 600.5801, 600.5821, and 600.5867), section 5821 as amended by 1988 PA 35.

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

______

Rep. Glardon moved that the House adjourn.

The motion prevailed, the time being 1:20 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, October 8, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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