No. 12

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Tuesday, February 4, 2014.

1:30 p.m.

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

Rep. Anthony G. Forlini, from the 24th District, offered the following invocation:

“Lord, we thank You for this day that You have blessed us with, in the great state of Michigan. We humbly ask You to guide our thoughts and actions as we go about our work. We ask You to give us the wisdom to serve, discernment of the truth, and hearts of mercy to help our fellow citizens. It is only with Your grace that we have the strength to achieve. Touch our hearts Lord, and give us Your peace, that passes all understanding.

In the name of the Father, the Son, and the Holy Spirit. Amen.”

Comments and Recommendations

Rep. Rutledge moved that Rule 17 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Nathan moved that the following remarks be printed in the Journal.

The motion prevailed.

Rep. Franz:

“Mr. Speaker,

I rise to note the passing, over the weekend, of William H. Davis after a long battle with cancer. William Davis was not a politician or a famous personality – although he was a character at times. William Davis actually touched all of our lives in this Chamber on a daily basis.

You see – Billy worked in the back corner. He was the guy who made sure our microphones were opened so we could be heard. He was the guy who operated the boards so that we knew what we were voting on and registered that vote. Billy was one of those behind the scenes people who makes things happen.

Bill had quite a history with more than 45 years of service to his country, his state and his community. In fact he was the longest serving employee of the Michigan House of Representatives. Billy was a Marine for 4 years – two of those in Vietnam in the mid 1960s. When he returned to Lansing, he served as a Lansing City police officer, before moving to the House Printing Office. He also served as a House Sergeant for a time. He then moved to the Clerk’s office and to the board control job where he has been making us heard for over 18 years.

He genuinely loved his job, this chamber, and the people around him – almost never missing a day of work. Even battling cancer, for years, he often came directly to the Chamber after chemotherapy. After a recent surgery, Clerk Randall couldn’t keep him out; he was in his chair the day after release from the hospital. Billy was always quick with a big smile, a wave and a genuine greeting.

The microphones still work – the board still lights up – and life must go on, but there is just a little joy gone out of this chamber. Billy was a kind, good, decent, gentleman who quietly touched a lot of lives. I will miss him. I know he is lighting up Heaven’s board.

Thank you Mr. Speaker.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 475, entitled

A bill to enact the trampoline court safety act; to prescribe the duties and liabilities of trampoline court operators and persons who use trampoline courts; and to provide for the acceptance of certain risks by persons who use trampoline courts.

(The bill was read a third time and postponed for the day on January 15, see House Journal No. 4, p. 17.)

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 23 Yeas—57

Bolger Haines LaFontaine Outman

Bumstead Haugh Lane Pagel

Callton Haveman Leonard Pettalia

Cotter Heise Lori Potvin

Crawford Hooker Lund Rendon

Daley Howrylak Lyons Rogers

Denby Jacobsen MacGregor Santana

Farrington Jenkins MacMaster Schmidt

Forlini Johnson McBroom Somerville

Foster Kelly McCready Stamas

Franz Kesto Muxlow VerHeulen

Genetski Kosowski Nesbitt Victory

Glardon Kowall O’Brien Walsh

Goike Kurtz Olumba Zorn

Graves

Nays—53

Abed Faris McCann Shirkey

Banks Geiss McMillin Singh

Barnett Greimel Nathan Slavens

Brinks Hobbs Oakes Smiley

Brown Hovey-Wright Phelps Stallworth

Brunner Irwin Poleski Stanley

Cavanagh Kandrevas Price Switalski

Clemente Kivela Pscholka Talabi

Cochran Knezek Roberts Tlaib

Darany Lamonte Robinson Townsend

Dianda Lauwers Rutledge Yanez

Dillon LaVoy Schor Yonker

Driskell Lipton Segal Zemke

Durhal

In The Chair: Walsh

The House agreed to the title of the bill.

______

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 this opportunity to explain my No vote on SB 475. It seems to me that this Bill seeks to substitute governmental judgment for good commercial judgment in the matter of a potentially hazardous pastime. If there is risk in the trampoline business (and I assume there is plenty), a competent insurer will assess it and charge coverage rates accordingly. If those rates are unreasonably expensive when compared to the market for trampoline jumpers, it tells me that trampoline jumping is unreasonably hazardous. I appreciate this opportunity to explain my vote on this bill.”

House Bill No. 4493, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2 and 3 (MCL 722.622 and 722.623), section 2 as amended by 2004 PA 563 and section 3 as amended by 2008 PA 510.

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

Roll Call No. 24 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 1975 PA 238, entitled “Child protection law,” by amending sections 2, 3, and 12b (MCL 722.622, 722.623, and 722.632b), section 2 as amended by 2004 PA 563, section 3 as amended by 2008 PA 510, and section 12b as added by 2012 PA 593.

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. 146, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2010 PA 136.

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

Roll Call No. 25 Yeas—93

Abed Glardon Lane Rogers

Banks Graves Lauwers Rutledge

Barnett Greimel LaVoy Santana

Bolger Haines Lipton Schmidt

Brinks Haugh Lori Schor

Brown Haveman Lund Segal

Brunner Heise Lyons Singh

Callton Hobbs MacGregor Slavens

Cavanagh Hovey-Wright McBroom Smiley

Clemente Irwin McCann Stallworth

Cochran Jacobsen McCready Stamas

Cotter Jenkins Muxlow Stanley

Crawford Johnson Nathan Switalski

Darany Kandrevas O’Brien Talabi

Denby Kelly Oakes Tlaib

Dianda Kesto Olumba Townsend

Dillon Kivela Outman VerHeulen

Driskell Knezek Pagel Victory

Durhal Kosowski Phelps Walsh

Faris Kowall Poleski Yanez

Farrington Kurtz Price Yonker

Forlini LaFontaine Pscholka Zemke

Foster Lamonte Roberts Zorn

Geiss

Nays—17

Bumstead Hooker McMillin Rendon

Daley Howrylak Nesbitt Robinson

Franz Leonard Pettalia Shirkey

Genetski MacMaster Potvin Somerville

Goike

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 development and rehabilitation of residential housing; to provide for the creation of neighborhood enterprise zones; to provide for obtaining neighborhood enterprise zone certificates for a period of time and to prescribe the contents of the certificates; to provide for the exemption of certain taxes; to provide for the levy and collection of a specific tax on the owner of certain facilities; and to prescribe the powers and duties of certain officers of the state and local governmental units,”

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 Senate Bill No. 475 be given immediate effect.

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

Senate Bill No. 533, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 15a (MCL 125.2665a), as added by 2008 PA 154.

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

Roll Call No. 26 Yeas—98

Abed Glardon Leonard Rutledge

Banks Graves Lipton Santana

Barnett Greimel Lori Schmidt

Bolger Haines Lund Schor

Brinks Haugh Lyons Segal

Brown Haveman MacGregor Shirkey

Brunner Heise MacMaster Singh

Callton Hobbs McBroom Slavens

Cavanagh Hovey-Wright McCann Smiley

Clemente Jacobsen McCready Somerville

Cochran Jenkins Muxlow Stallworth

Cotter Johnson Nathan Stamas

Crawford Kandrevas Nesbitt Stanley

Darany Kelly O’Brien Switalski

Denby Kesto Oakes Talabi

Dianda Kivela Olumba Tlaib

Dillon Knezek Outman Townsend

Driskell Kosowski Pagel VerHeulen

Durhal Kowall Phelps Victory

Faris Kurtz Poleski Walsh

Farrington LaFontaine Price Yanez

Forlini Lamonte Pscholka Yonker

Foster Lane Roberts Zemke

Geiss Lauwers Rogers Zorn

Genetski LaVoy

Nays—12

Bumstead Goike Irwin Potvin

Daley Hooker McMillin Rendon

Franz Howrylak Pettalia 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 authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing,”

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.

House Bill No. 5157, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 37 of chapter XVII (MCL 777.37), as amended by 2002 PA 137.

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

Roll Call No. 27 Yeas—97

Abed Genetski LaVoy Roberts

Banks Glardon Leonard Rogers

Barnett Goike Lipton Rutledge

Bolger Graves Lori Schmidt

Brinks Greimel Lund Schor

Brown Haugh Lyons Segal

Brunner Haveman MacGregor Shirkey

Bumstead Heise MacMaster Singh

Callton Hobbs McBroom Slavens

Cavanagh Hovey-Wright McCann Smiley

Clemente Howrylak McCready Somerville

Cochran Irwin McMillin Stallworth

Cotter Jacobsen Muxlow Stamas

Crawford Jenkins Nathan Stanley

Darany Johnson Nesbitt Switalski

Denby Kandrevas O’Brien Talabi

Dianda Kesto Oakes Tlaib

Dillon Kivela Outman Townsend

Driskell Knezek Pagel VerHeulen

Durhal Kosowski Phelps Victory

Faris Kurtz Poleski Walsh

Farrington LaFontaine Price Yanez

Forlini Lamonte Pscholka Yonker

Franz Lane Rendon Zemke

Geiss

Nays—13

Daley Kelly Olumba Robinson

Foster Kowall Pettalia Santana

Haines Lauwers Potvin Zorn

Hooker

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.

Second Reading of Bills

House Bill No. 4825, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 558 (MCL 168.558), as amended by 2012 PA 586.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Elections and Ethics,

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

Rep. Lyons moved to amend the bill as follows:

1. Amend page 3, following line 21, by inserting:

“(5) WITHIN 45 DAYS AFTER THE EFFECTIVE DATE OF THE 2014 AMENDATORY ACT THAT ADDED THIS SUBSECTION, A CANDIDATE WHO FILED FOR AN OFFICE THAT WILL APPEAR ON THE AUGUST 5, 2014 PRIMARY ELECTION BALLOT BEFORE THE EFFECTIVE DATE OF THE 2014 AMENDATORY ACT THAT ADDED THIS SUBSECTION SHALL FILE WITH THE OFFICER WITH WHOM THE PETITIONS, FEE, OR AFFIDAVIT WAS FILED 2 COPIES OF AN UPDATED AFFIDAVIT OF IDENTITY THAT INCLUDES ALL OF THE INFORMATION REQUIRED IN SUBSECTION (4)(B).” and renumbering the remaining subsections.

2. Amend page 4, line 19, by striking out all of enacting section 1.

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

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

The motion prevailed.

House Bill No. 5262, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 31 (MCL 780.781), as amended by 2009 PA 28.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5263, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 61 (MCL 780.811), as amended by 2009 PA 28.

The bill was read a second time.

Rep. O’Brien moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 319, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 32 to chapter IX.

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 not adopted, a majority of the members serving not voting therefor.

Rep. Kesto moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Banks moved to amend the bill as follows:

1. Amend page 1, line 4, after “(2)” by striking out the balance of the subsection and inserting a period.

2. Amend page 4, line 16, by striking out all of section 25A.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Heise moved to amend the bill as follows:

1. Amend page 7, line 21, by striking out all of enacting section 1.

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

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

The motion prevailed.

Rep. Stamas moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 319, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 32 to chapter IX.

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

Roll Call No. 28 Yeas—62

Bolger Graves Lori Potvin

Bumstead Haines Lund Price

Callton Haveman Lyons Pscholka

Cotter Heise MacGregor Rendon

Crawford Hooker MacMaster Rogers

Daley Jacobsen McBroom Schmidt

Denby Jenkins McCready Schor

Dianda Johnson McMillin Shirkey

Faris Kelly Muxlow Somerville

Farrington Kesto Nesbitt Stamas

Forlini Kivela O’Brien VerHeulen

Foster Kowall Outman Victory

Franz Kurtz Pagel Walsh

Genetski LaFontaine Pettalia Yonker

Glardon Lauwers Poleski Zorn

Goike Leonard

Nays—48

Abed Durhal Lane Segal

Banks Geiss LaVoy Singh

Barnett Greimel Lipton Slavens

Brinks Haugh McCann Smiley

Brown Hobbs Nathan Stallworth

Brunner Hovey-Wright Oakes Stanley

Cavanagh Howrylak Olumba Switalski

Clemente Irwin Phelps Talabi

Cochran Kandrevas Roberts Tlaib

Darany Knezek Robinson Townsend

Dillon Kosowski Rutledge Yanez

Driskell Lamonte Santana Zemke

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 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 760.1 to 777.69) by adding sections 25 and 25a to chapter IX.

The motion prevailed.

The House agreed to the title as amended.

Rep. Stamas moved that the bill be given immediate effect.

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

______

Rep. Hovey-Wright, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Though SB319 attempts to correct the manditory life in prison sentences for juvenile criminal defendents, it is not good enough because it does not correct retrospective cases. It is not good enough, is incomplete and unlawful, and perhaps unconstitutional. If a life sentence is ‘cruel and unusual’ going forward, the same is true for cases going backward.”

______

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 Friday, January 31:

House Bill Nos. 5268 5269 5270 5271 5272 5273 5274

Senate Bill Nos. 748 749 750

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Tuesday, February 4:

Senate Bill Nos. 751 752

Senate Joint Resolution DD

Reports of Standing Committees

The Committee on Energy and Technology, by Rep. Nesbitt, Chair, reported

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.

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. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Zorn, Graves, Lauwers, Howrylak, Stallworth, LaVoy, Lane, Brunner, Yanez and Phelps

Nays: None

The Committee on Energy and Technology, by Rep. Nesbitt, Chair, reported

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.

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. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Zorn, Graves, Lauwers, Howrylak, Stallworth, LaVoy, Lane, Brunner, Yanez and Phelps

Nays: None

The Committee on Energy and Technology, by Rep. Nesbitt, Chair, reported

House Bill No. 5255, entitled

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. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Zorn, Graves, Lauwers, Stallworth, LaVoy, Lane, Brunner, Yanez and Phelps

Nays: None

The Committee on Energy and Technology, by Rep. Nesbitt, Chair, reported

House Bill No. 5274, entitled

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. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Zorn, Graves, Lauwers, Stallworth, LaVoy, Lane, Brunner, Yanez and Phelps

Nays: None

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, February 4, 2014

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

Absent: Rep. Schmidt

Excused: Rep. Schmidt

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, February 4, 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, February 4, 2014

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

Messages from the Senate

House Bill No. 4570, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1335 (MCL 600.1335), as amended by 2004 PA 12.

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.

Notices

February 4, 2014

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

Pursuant to MCL 390.1665, I am appointing Ms. Holly Hughes of Montague to the Muskegon County Promise Zone Authority Board for a term from today to February 3, 2018.

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Messages from the Governor

Date: January 30, 2014

Time: 1:24 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4629 (Public Act No. 2, I.E.), being

An act to amend 1972 PA 106, entitled “An act to provide for the licensing, regulation, control, and prohibition of outdoor advertising adjacent to certain roads and highways; to prescribe powers and duties of certain state agencies and officials; to promulgate rules; to provide remedies and prescribe penalties for violations; and to repeal acts and parts of acts,” by amending sections 2, 4, 6, 7, 7a, 11, 11a, 15, 17, and 18 (MCL 252.302, 252.304, 252.306, 252.307, 252.307a, 252.311, 252.311a, 252.315, 252.317, and 252.318), sections 2, 7, 11a, and 18 as amended by 2009 PA 86, section 4 as amended by 2008 PA 93, sections 6, 11, and 15 as amended by 2006 PA 448, and sections 7a and 17 as amended by 2011 PA 13, and by adding sections 7b, 17a, 17b, 18b, 18c, and 22a.

(Filed with the Secretary of State January 30, 2014, at 1:40 p.m.)

The following message from the Governor was received January 31, 2014 and read:

EXECUTIVE ORDER

No. 2014 – 2

CREATION OF THE

MICHIGAN OFFICE FOR NEW AMERICANS

EXECUTIVE OFFICE OF THE GOVERNOR

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and

WHEREAS, in the last decennial U.S. Census, Michigan was the only state in the country to suffer a population loss; and

WHEREAS, talented immigrant entrepreneurs, scientists, students, and workers are currently living and working to fuel Michigan’s comeback and are a vital component of Michigan’s economic engine, tax base, and social and cultural fabric; and

WHEREAS, immigrants are critical to the success of businesses and entrepreneurial activity across the state and are key to Michigan’s agricultural and tourism industry; and

WHEREAS, immigration policy is set at the federal level, but the benefits and challenges of immigration are felt at the state and local levels; and

WHEREAS, a proactive policy for attracting and retaining new Americans at the state level will maximize the benefits immigrants bring to the state and its municipalities, while helping immigrants overcome the challenges they face becoming fully integrated; and

WHEREAS, the state of Michigan and its partners in the community foundation, non-profit, and private sectors jointly play a vital role in building upon the strengths of immigrants and enabling their speedy transition to self-sufficiency; and

WHEREAS, it is crucial to Michigan’s reinvention, population growth, economic vitality, cultural diversity, and well-being that Michigan is known as a state that embraces, welcomes, and sustains a diverse population and the economic growth resulting from that diversity;

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. CREATION OF THE MICHIGAN OFFICE FOR NEW AMERICANS

A. The Michigan Office for New Americans (“Office”) is created within the Executive Office of the Governor.

B. The Governor shall appoint a Director to lead the Office. The Director shall serve at the pleasure of the Governor.

C. The Director of the Office shall be the chief advisor to the Governor and state departments on all matters regarding

the formulation and implementation of immigration policies, programs, and procedures.

II. FUNCTIONS OF THE MICHIGAN OFFICE FOR NEW AMERICANS

The Office shall perform the following functions:

i. Serve as the coordinating office for all executive branch agencies that are responsible for programs related to

services for immigrants, including but not limited to the Global Michigan Initiative, and all programs concerning

immigrant entrepreneurship, licensing, workforce training, education, housing, healthcare, and quality of life.

ii. Analyze and make recommendations to the Governor on proposals and policies relating to immigrants, and on the

elimination of duplication in existing state programs in these areas.

iii. Lead the Global Michigan Initiative – a collaborative statewide effort to retain and attract international, advanced

.degree, and entrepreneurial talent to our state – and develop sustainable partnerships with existing community

foundation, non-profit, and private sector service providers already serving immigrant communities statewide.

iv. Provide information and assistance related to immigration issues to all departments and agencies of the executive

branch of government, both directly and by functioning as a clearinghouse for information received from such

agencies, other branches of government, other states, and the federal government.

v. Engage in state and federal advocacy and provide substantive recommendations concerning immigration law and

policy to advance state economic and population growth.

III. MISCELLANEOUS

All departments, committees, commissioners, or officers of the state shall give the Michigan Office for New Americans or any member or representative of the Office, any necessary assistance required by the Office so far as that assistance is compatible with its duties.

This Executive Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 31st day of January in the Year of Our Lord, Two Thousand and Fourteen

RICHARD D. SNYDER

GOVERNOR

BY THE GOVERNOR:

RUTH A. JOHNSON

SECRETARY OF STATE

The message was referred to the Clerk.

The following message from the Governor was received January 31, 2014 and read:

EXECUTIVE ORDER

No. 2014 – 3

AMENDMENT OF EXECUTIVE ORDER No. 2014-1

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, under Section 4 of 1982 PA 191, MCL 10.84, during a declared State of Energy Emergency the Governor may by executive order suspend a statute, order, rule of a state agency, or specific provision of a statute, order, or rule if strict compliance with the statute, order, rule, or a specific provision of the statute, order, or rule will prevent, hinder, or delay necessary action in coping with an energy emergency; and

WHEREAS, based on the effects of the regional propane shortage and the polar vortex, Executive Order 2014-1 declared a State of Energy Emergency in this state beginning on January 10, 2014; and

WHEREAS, the United States Department of Transportation Federal Motor Carrier Safety Administration has declared that a regional transportation emergency continues to exist in the highway transportation of propane and other home heating fuels throughout the Midwest Region of the United States (Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio, and Wisconsin); and

WHEREAS, as a result of an Extension of the Declaration of Regional Emergency, the Federal Motor Carrier Safety Administration, acting pursuant to 49 CFR 390.23 and 390.25, has exempted motor carriers and drivers transporting propane, and other heating oil to and from the Midwest Region from 49 CFR Parts 390-399 to address emergency needs arising from the effects of the polar vortex and propane shortage. The exemption is effective from January 19, 2014, until 11:59 p.m. EDT, February 11, 2014; and

WHEREAS, appropriate measures must be taken in Michigan to ensure that fuel supplies will remain sufficient and to assure the health, safety, and welfare of Michigan residents and visitors;

Executive Order 2014-1 is amended to extend the duration of the energy emergency and the waiver of regulations relating to motor carriers and drivers transporting propane and heating oil and remains in effect for the duration of the emergency or 11:59 p.m. EDT, Tuesday, February 11, 2014, whichever is less.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 31st day of January in the Year of Our Lord, Two Thousand and Fourteen

RICHARD D. SNYDER

GOVERNOR

BY THE GOVERNOR:

RUTH A. JOHNSON

SECRETARY OF STATE

The message was referred to the Clerk.

Communications from State Officers

The following communication from the Department of Treasury was received and read:

January 31, 2014

In accordance with P.A. 59 of 2013, Section 231(2), the Department of Treasury is required to report information related to the number of filled, full time equated positions in pay status for the immediately preceding fiscal year by February 1, 2014 to the Michigan House of Representatives. The attached report provides the required information for the period October 1, 2012 through September 30, 2013.

Should you have any questions please contact me.

Sincerely,

Cindy Peruchietti

Budget Director

Michigan Department of Treasury

The communication was referred to the Clerk.

The following communications from the Department of Licensing and Regulatory Affairs, Public Service Commission, were received and read:

January 31, 2014

The enclosed annual report for 2013, Status of Electric Competition in Michigan, is submitted on behalf of the Michigan Public Service Commission in accordance with Section 10u of 2000 PA 141, MCL 460.10u, and represents the 12th year of electric choice in Michigan. The report is available on the Commission’s website.

As of December 2013, Consumers Energy had just over 1,000 customers participating in the electric choice program and DTE Electric Company had just under 5,500 choice customers participating. The electric choice programs for both companies were fully subscribed at the 10 percent cap throughout the year. As of December 2013, Upper Peninsula Power Company had 39 customers participating in the electric choice program and Indiana Michigan Power Company had zero customers participating. During 2013 customers began taking choice service in the Wisconsin Electric Power Company and Wisconsin Public Service Corporation territories. As of December 2013, Wisconsin Electric Power Company had over 50 customers participating in the electric choice program and Wisconsin Public Service Corporation had 13 customers participating. Upper Peninsula Power Company and Wisconsin Electric Power Company were fully subscribed at year end 2013.

To date, Michigan remains one of 16 states that had full or limited restructuring of the competitive electric market. Benchmark information comparing Michigan’s electric retail rates versus the 16 restructured states, 10 largest states, Midwest states and the national average can be found in Section I (D) of this report.

In 2013, the Commission issued multiple orders that adhere to the established framework for Michigan’s electric customer choice programs and support the provisions of Public Act 141 of 2000 and Public Acts 286 and 295 of 2008.

Highlights of the report include:

• Choice Participation Data in Michigan

• Utility Specific 10 percent Cap Data

• Benchmark Data for Michigan’s Rates

Statutory changes and policy decisions with respect to electric customer choice can have complex ramifications for the citizens and economy of Michigan. The Commission remains committed to working with legislative members and staff to help ensure that the best possible public policy for Michigan is achieved.

January 31, 2014

The enclosed annual report, Status of Competition for Video Services in Michigan, is being submitted on behalf of the Michigan Public Service Commission (Commission) in accordance with Section 12(2) of the Uniform Video Services Local Franchise Act (2006 PA 480, the Act). This report will also be made available on the Commission’s website at www.michigan.gov/mpsc . The purpose of this report is to describe the status of competition for video/cable services in the state of Michigan. This report also details Commission activities for 2013, and provides an overview of the survey responses from franchise entities and video/cable service providers.

Currently, there are 44 cable providers offering service to over 2.3 million video/cable customers in Michigan. Subscribership has increased by over 23,000 from 2012, and providers are continuing to report more competition in their franchise areas. In 2013, two new cable providers entered the market. Providers reported they invested over $420 million into the Michigan market.

Subscribership and investment in Michigan has continued to rise as well as the number of complaints received by MPSC video franchise staff. In 2013, video franchise reported an increase in mediation requests and formal complaints from customers. The Commission will continue to educate and inform customers of the dispute resolution process adopted in 2009, and will continue to monitor complaints regarding video/cable services in Michigan. Similar to previous reports, it is noted that the Act does not cover satellite providers, and as such, this report does not include information on satellite providers, which are viewed as a competitor to video/cable service providers.

The Commission also provided recommendations for legislative revisions pursuant to PA 480, Section 12(2), of 2006 to help improve the Commission’s ability to more effectively implement provisions of the Act.

The Commission will continue to monitor the status of video/cable services competition in Michigan, which includes receiving and analyzing information from both franchise entities and video/cable service providers throughout Michigan. The Commission will continue to serve the public by assisting individual customers, franchise entities, and providers with their questions and/or complaints.

Finally, the Commission will inform the Governor and Legislature of any future developments and make the appropriate recommendations for needed legislation.

Sincerely,

John D. Quackenbush, Chairman

Michigan Public Service Commission

Greg R. White, Commissioner

Michigan Public Service Commission

Sally A. Talberg, Commissioner

Michigan Public Service Commission

The communications were referred to the Clerk.

Introduction of Bills

Reps. Geiss, Driskell, Slavens, Hovey-Wright, Roberts, Brunner, Brown, Lane, LaVoy, Abed, Faris, Daley, Schmidt, Dianda, Dillon, Brinks and Singh introduced

House Bill No. 5275, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 613.

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

Reps. Lund, Lyons, Cotter, Kelly and Victory introduced

House Bill No. 5276, entitled

A bill to amend 2013 PA 240, entitled “Michigan state capitol historic site act,” by amending section 6 (MCL 4.1946).

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

Rep. Callton introduced

House Bill No. 5277, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204, 3240, and 3278 (MCL 600.3204, 600.3240, and 600.3278), section 3204 as amended by 2013 PA 103, section 3240 as amended by 2013 PA 104, and section 3278 as added by 2011 PA 301, and by adding sections 3237 and 3238; and to repeal acts and parts of acts.

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

Reps. Yanez, Hovey-Wright, Slavens, Zemke, Faris, Phelps, Lamonte, Roberts, LaVoy, Cavanagh and Tlaib introduced

House Bill No. 5278, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 522 (MCL 206.522), as amended by 2013 PA 206.

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

Announcements by the Clerk

January 31, 2014

Received from the Michigan Gaming Control Board, the report on information related to the number of filled, full time equated positions in pay status for the period October 1, 2012 through September 30, 2013, in accordance with P.A. 59 of 2013, Section 231(2).

Gary L. Randall

Clerk of the House

January 31, 2014

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

Performance audit of the Pupil Membership Accounting and Reporting Process, Michigan Department of Education, January 2014.

Gary L. Randall

Clerk of the House

______

Rep. Talabi moved that the House adjourn.

The motion prevailed, the time being 3:30 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, February 5, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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