No. 6

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Tuesday, January 21, 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—excused 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—absent 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. Ken Goike, from the 33rd District, offered the following invocation:

“Hail Mary full of Grace, the Lord is with thee. Blessed are thou among women and blessed is the fruit of thy womb Jesus. Holy Mary Mother of God, pray for us sinners now and at the hour of our death, Amen.”

______

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4209, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 448 and 451 (MCL 750.448 and 750.451), section 448 as amended by 2002 PA 45 and section 451 as amended by 2002 PA 44.

The bill was read a second time.

Rep. Zorn moved to substitute (H-1) the bill.

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

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

The motion prevailed.

House Bill No. 4210, 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.

The bill was read a second time.

Rep. Jenkins moved to substitute (H-1) the bill.

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

Rep. Kowall 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 and joint resolution had been printed and placed upon the files of the members on Thursday, January 16:

House Bill Nos. 5221 5222 5223 5224

House Joint Resolution CC

Senate Bill Nos. 736 737

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, January 21, for his approval of the following bill:

Enrolled House Bill No. 4866 at 10:35 a.m.

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Nesbitt, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Tuesday, January 21, 2014

Present: Reps. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Schmidt, Zorn, Graves, Lauwers, Howrylak, Stallworth, Hobbs, Nathan, LaVoy, Lane, Brunner, Yanez, Lamonte and Phelps

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, January 21, 2014

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lyons, Chair, of the Committee on Elections and Ethics, was received and read:

Meeting held on: Tuesday, January 21, 2014

Present: Reps. Lyons, Cotter, Heise, Callton, Outman, Yonker, Haugh, Lane and Schor

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, January 21, 2014

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 4562.

Rep. Brinks

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 4564.

Rep. Abed

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 4565.

Rep. Lamonte

Communications from State Officers

The following communication from the State Budget Office was received and read:

January 13, 2014

The Office of Financial Management has issued the State of Michigan Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2013. This report is required by Article 9, Section 21, of the State Constitution and Section 494, Public Act 431 of 1984, as amended.

We are pleased to note that the CAFR was completed over two months earlier than the prior year. In addition, the December 21, 2013 opinion date is the earliest ever for the State of Michigan.

The CAFR is available electronically on the Internet at www.michigan.gov/budget . Any questions or comments may be directed to Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010.

Sincerely,

John E. Nixon, CPA

State Budget Director

The communication was referred to the Clerk.

Introduction of Bills

Reps. Howrylak, Callton, Zemke and Singh introduced

House Bill No. 5225, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 501 (MCL 324.501).

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

Reps. McBroom, Bumstead, Kivela, Foster, Pagel, Johnson, Daley, MacGregor, LaFontaine, McMillin, Rendon, Franz, Pettalia, Lyons and Dianda introduced

House Bill No. 5226, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2012 PA 65.

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

Reps. Schor, Knezek, Slavens, Irwin, Driskell, Cochran, Brinks, Lamonte, Cavanagh, Robinson, Dianda, Abed, Greimel, Kivela, Tlaib and Yanez introduced

House Bill No. 5227, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30a (MCL 206.30a), as added by 2012 PA 224.

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

Announcements by the Clerk

January 15, 2014

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

Financial audit of the Michigan Finance Authority, a discretely presented component unit of the State of Michigan, for the fiscal year ended September 30, 2013.

Gary L. Randall

Clerk of the House

______

Rep. Zemke moved that the House adjourn.

The motion prevailed, the time being 3:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, January 22, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

40 JOURNAL OF THE HOUSE [January 21, 2014] [No. 6

No. 6] [January 21, 2014] JOURNAL OF THE HOUSE 41

42 JOURNAL OF THE HOUSE [January 21, 2014] [No. 6