No. 74
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
97th Legislature
REGULAR SESSION OF 2014
House Chamber, Lansing, Wednesday, October 22, 2014.
10:00 a.m.
The House was called to order by the Clerk.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was not present.
The Honorable Gary L. Randall, Clerk of the House, offered the following invocation:
“Heavenly Father, we come to You today with thanks and praise for the many blessings You have bestowed on our state and, in particular, on those of us who toil in this great chamber.
Lord, keep us ever mindful of the special trust that the people of Michigan have placed with those of us who work
here and let us never take for granted the impact of the actions that are taken here, on the lives of all who call this great state home.
We ask that You watch over and guide us while we are here and then when we go our separate ways. This we ask in the name of Your son….Amen.”
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Friday, October 3:
House Bill Nos. 5879 5880 5881 5882 5883 5884 5885 5886 5887 5888
House Joint Resolutions OO PP
Senate Bill Nos. 1101 1102 1104 1105 1106 1107 1108
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, October 7, for his approval of the following bills:
Enrolled House Bill No. 4021 at 2:06 p.m.
Enrolled House Bill No. 4545 at 2:08 p.m.
Enrolled House Bill No. 4624 at 2:10 p.m.
Enrolled House Bill No. 4638 at 2:12 p.m.
Enrolled House Bill No. 4639 at 2:14 p.m.
Enrolled House Bill No. 4640 at 2:16 p.m.
Enrolled House Bill No. 4867 at 2:18 p.m.
Enrolled House Bill No. 5025 at 2:20 p.m.
Enrolled House Bill No. 5026 at 2:22 p.m.
Enrolled House Bill No. 5097 at 2:24 p.m.
Enrolled House Bill No. 5107 at 2:26 p.m.
Enrolled House Bill No. 5231 at 2:28 p.m.
Enrolled House Bill No. 5012 at 2:30 p.m.
Enrolled House Bill No. 5233 at 2:32 p.m.
Enrolled House Bill No. 5234 at 2:34 p.m.
Enrolled House Bill No. 5236 at 2:36 p.m.
Enrolled House Bill No. 5237 at 2:38 p.m.
Enrolled House Bill No. 5239 at 2:40 p.m.
Enrolled House Bill No. 5248 at 2:42 p.m.
Enrolled House Bill No. 5273 at 2:44 p.m.
Enrolled House Bill No. 5385 at 2:46 p.m.
Enrolled House Bill No. 5404 at 2:48 p.m.
Enrolled House Bill No. 5405 at 2:50 p.m.
Enrolled House Bill No. 5407 at 2:52 p.m.
Enrolled House Bill No. 5438 at 2:54 p.m.
Enrolled House Bill No. 5457 at 2:56 p.m.
Enrolled House Bill No. 5507 at 2:58 p.m.
Enrolled House Bill No. 5552 at 3:00 p.m.
Enrolled House Bill No. 5606 at 3:02 p.m.
Enrolled House Bill No. 5649 at 3:04 p.m.
Enrolled House Bill No. 5785 at 3:06 p.m.
Enrolled House Bill No. 5798 at 3:08 p.m.
Enrolled House Bill No. 5158 at 4:02 p.m.
Notices
Waiver of
Remaining Session Days
TO: Steve Arwood, Director
Department of Licensing and Regulatory Affairs,
Office of Regulatory Reinvention
Secretary of the Senate
Clerk of the House
FROM: Senator John Pappageorge, Presiding Co-Chair
Representative Tom McMillin, Co-Chair
DATE: October 1, 2014
Pursuant to MCL 24.245a(1) the Joint Committee on Administrative Rules has by a concurrent majority vote, waived the remaining session days for the following rule set:
Department of Licensing and Regulatory Affairs
Bureau of Fire Services, Storage Tank Division
Storage and Handling of Flammable and Combustible Liquids
(2013-028 LR) (JCAR 14-22)
According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule.
Sincerely,
SENATOR John Pappageorge REPRESENTATIVE Tom McMillin
Presiding Co-Chair Co-Chair
Waiver of
Remaining Session Days
TO: Steve Arwood, Director
Department of Licensing and Regulatory Affairs,
Office of Regulatory Reinvention
Secretary of the Senate
Clerk of the House
FROM: Senator John Pappageorge, Presiding Co-Chair
Representative Tom McMillin, Co-Chair
DATE: October 1, 2014
Pursuant to MCL 24.245a(1) the Joint Committee on Administrative Rules has by a concurrent majority vote, waived the remaining session days for the following rule set:
Department of Licensing and Regulatory Affairs
Bureau of Fire Services-Storage Tank Division
Vehicular Gaseous Fuel Systems
(2013-108 LR) (JCAR 14-26)
According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule.
Sincerely,
SENATOR John Pappageorge REPRESENTATIVE Tom McMillin
Presiding Co-Chair Co-Chair
Waiver of
Remaining Session Days
TO: Steve Arwood, Director
Department of Licensing and Regulatory Affairs,
Office of Regulatory Reinvention
Secretary of the Senate
Clerk of the House
FROM: Senator John Pappageorge, Presiding Co-Chair
Representative Tom McMillin, Co-Chair
DATE: October 1, 2014
Pursuant to MCL 24.245a(1) the Joint Committee on Administrative Rules has by a concurrent majority vote, waived the remaining session days for the following rule set:
Department of Licensing and Regulatory Affairs
Bureau of Fire Services, Storage Tank Division
Storage and Handling of Liquefied Petroleum Gases (LPG)
(2014-012 LR) (JCAR 14-32)
According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule.
Sincerely,
SENATOR John Pappageorge REPRESENTATIVE Tom McMillin
Presiding Co-Chair Co-Chair
Waiver of
Remaining Session Days
TO: Steve Arwood, Director
Department of Licensing and Regulatory Affairs,
Office of Regulatory Reinvention
Secretary of the Senate
Clerk of the House
FROM: Senator John Pappageorge, Presiding Co-Chair
Representative Tom McMillin, Co-Chair
DATE: October 1, 2014
Pursuant to MCL 24.245a(1) the Joint Committee on Administrative Rules has by a concurrent majority vote, waived the remaining session days for the following rule set:
Department of Treasury
State Treasurer
School Bond Qualification, Approval, and Loan Rules
(2013-106 TY) (JCAR 14-33)
According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule.
Sincerely,
SENATOR John Pappageorge REPRESENTATIVE Tom McMillin
Presiding Co-Chair Co-Chair
Messages from the Governor
Date: October 2, 2014
Time: 6:45 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4915 (Public Act No. 299, I.E.), being
An act to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2010 PA 280.
(Filed with the Secretary of State October 3, 2014, at 2:03 p.m.)
Date: October 9, 2014
Time: 12:32 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5615 (Public Act No. 300, I.E.), being
An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 159g (MCL 750.159g), as amended by 2012 PA 351.
(Filed with the Secretary of State October 9, 2014, at 4:05 p.m.)
Date: October 9, 2014
Time: 12:38 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4545 (Public Act No. 303, I.E.), being
An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 618a and 907 (MCL 257.618a and 257.907), section 618a as added by 2010 PA 10 and section 907 as amended by 2013 PA 35, and by adding sections 676c and 676d.
(Filed with the Secretary of State October 9, 2014, at 4:11 p.m.)
Date: October 9, 2014
Time: 12:40 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5507 (Public Act No. 304, I.E.), being
An act to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending section 117a (MCL 400.117a), as amended by 2013 PA 138.
(Filed with the Secretary of State October 9, 2014, at 4:13 p.m.)
Date: October 9, 2014
Time: 5:26 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5248 (Public Act No. 305, I.E.), being
An act 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 section 16323 (MCL 333.16323), as amended by 2002 PA 643.
(Filed with the Secretary of State October 10, 2014, at 2:22 p.m.)
Date: October 9, 2014
Time: 5:28 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5457 (Public Act No. 309, I.E.), being
An act to amend 1966 PA 293, entitled “An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies,” by amending section 4 (MCL 45.504), as amended by 1980 PA 7.
(Filed with the Secretary of State October 10, 2014, at 2:30 p.m.)
Date: October 9, 2014
Time: 5:30 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5552 (Public Act No. 310, I.E.), being
An act to amend 1893 PA 206, entitled “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,” by amending section 27a (MCL 211.27a), as amended by 2013 PA 50.
(Filed with the Secretary of State October 10, 2014, at 2:32 p.m.)
Date: October 13, 2014
Time: 10:55 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5407 (Public Act No. 311, I.E.), being
An act 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 1106, 17745, 17751, 17754, and 17757 (MCL 333.1106, 333.17745, 333.17751, 333.17754, and 333.17757), section 1106 as amended by 2000 PA 58, sections 17745, 17751, and 17757 as amended by 2013 PA 186, and section 17754 as amended by 2013 PA 268, and by adding sections 7421 and 17744b.
(Filed with the Secretary of State October 14, 2014, at 9:59 a.m.)
Date: October 13, 2014
Time: 9:32 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5404 (Public Act No. 312, I.E.), being
An act 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 20919 and 20965 (MCL 333.20919 and 333.20965), section 20919 as amended by 2006 PA 582 and section 20965 as amended by 2000 PA 375.
(Filed with the Secretary of State October 14, 2014, at 10:01 a.m.)
Date: October 13, 2014
Time: 9:34 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5405 (Public Act No. 313, I.E.), being
An act 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,” (MCL 333.1101 to 333.25211) by adding sections 7422 and 17744c.
(Filed with the Secretary of State October 14, 2014, at 10:03 a.m.)
Date: October 14, 2014
Time: 10:35 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5385 (Public Act No. 315, I.E.), being
An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 625a, 625c, 625d, and 625g (MCL 257.625a, 257.625c, 257.625d, and 257.625g), sections 625a and 625g as amended by 2013 PA 23, section 625c as amended by 2008 PA 463, and section 625d as amended by 1994 PA 211, and by adding section 43a.
(Filed with the Secretary of State October 14, 2014, at 11:50 a.m.)
Date: October 14, 2014
Time: 9:20 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5438 (Public Act No. 317), being
An act to amend 2006 PA 384, entitled “An act to provide for the certification of driver education providers; to prescribe certain record-keeping and program requirements for driver education providers; to provide for the certification of driver education instructors; to prescribe the powers and duties of certain persons and departments; to prescribe certain fees; to establish a fund in the state treasury; to prescribe remedies, sanctions, and penalties; and to rescind administrative rules,” by amending section 37 (MCL 256.657).
(Filed with the Secretary of State October 14, 2014, at 11:54 a.m.)
Date: October 15, 2014
Time: 11:20 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5097 (Public Act No. 322, I.E.), being
An act to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 15b (MCL 423.215b), as added by 2011 PA 54.
(Filed with the Secretary of State October 15, 2014, at 3:34 p.m.)
Date: October 15, 2014
Time: 9:35 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4624 (Public Act No. 323, I.E.), being
An act to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” (MCL 423.201 to 423.217) by adding section 15a.
(Filed with the Secretary of State October 15, 2014, at 3:36 p.m.)
Date: October 16, 2014
Time: 10:49 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5158 (Public Act No. 325, I.E.), being
An act to create the human trafficking commission act; to prescribe the membership of the human trafficking commission; and to prescribe the duties and responsibilities of the human trafficking commission.
(Filed with the Secretary of State October 16, 2014, at 3:27 p.m.)
Date: October 15, 2014
Time: 11:48 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5234 (Public Act No. 329, I.E.), being
An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” 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.
(Filed with the Secretary of State October 16, 2014, at 3:35 p.m.)
Date: October 15, 2014
Time: 11:14 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4021 (Public Act No. 330, I.E.), being
An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 349 (MCL 750.349), as amended by 2006 PA 159.
(Filed with the Secretary of State October 16, 2014, at 3:37 p.m.)
Date: October 15, 2014
Time: 11:44 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5231 (Public Act No. 331, I.E.), being
An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending sections 452, 455, 456, 457, 458, 459, and 460 (MCL 750.452, 750.455, 750.456, 750.457, 750.458, 750.459, and 750.460).
(Filed with the Secretary of State October 16, 2014, at 3:39 p.m.)
Date: October 15, 2014
Time: 11:50 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5236 (Public Act No. 332, I.E.), being
An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 4701 (MCL 600.4701), as amended by 2010 PA 363.
(Filed with the Secretary of State October 16, 2014, at 3:41 p.m.)
Date: October 15, 2014
Time: 11:46 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5233 (Public Act No. 333, I.E.), being
An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 4702, 4703, 4704, 4705, 4706, 4707, and 4708 (MCL 600.4702, 600.4703, 600.4704, 600.4705, 600.4706, 600.4707, and 600.4708), section 4702 as amended by 2012 PA 350, sections 4703, 4704, 4705, and 4708 as amended by 2006 PA 128, and sections 4706 and 4707 as added by 1988 PA 104.
(Filed with the Secretary of State October 16, 2014, at 3:42 p.m.)
Date: October 15, 2014
Time: 11:40 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5025 (Public Act No. 335, I.E.), being
An act to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending sections 1, 2, and 4 (MCL 780.621, 780.622, and 780.624), section 1 as amended by 2011 PA 64, section 2 as amended by 1994 PA 294, and section 4 as added by 1982 PA 495.
(Filed with the Secretary of State October 16, 2014, at 3:47 p.m.)
Date: October 15, 2014
Time: 11:38 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5012 (Public Act No. 336, I.E.), being
An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 451 (MCL 750.451), as amended by 2002 PA 44.
(Filed with the Secretary of State October 16, 2014, at 3:49 p.m.)
Date: October 15, 2014
Time: 11:52 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5237 (Public Act No. 340, I.E.), being
An act to amend 1985 PA 87, entitled “An act to establish the rights of victims of crime and juvenile offenses; to provide for certain procedures; to establish certain immunities and duties; to limit convicted criminals from deriving profit under certain circumstances; to prohibit certain conduct of employers or employers’ agents toward victims; and to provide for penalties and remedies,” by amending section 16b (MCL 780.766b), as added by 2010 PA 364.
(Filed with the Secretary of State October 16, 2014, at 3:57 p.m.)
Date: October 15, 2014
Time: 11:42 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5026 (Public Act No. 342, I.E.), being
An act to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 2 of chapter XIIA (MCL 712A.2), as amended by 2001 PA 211.
(Filed with the Secretary of State October 16, 2014, at 4:01 p.m.)
Date: October 15, 2014
Time: 11:54 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5239 (Public Act No. 344, I.E.), being
An act to amend 1975 PA 238, entitled “An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 3 (MCL 722.623), as amended by 2008 PA 510.
(Filed with the Secretary of State October 16, 2014, at 4:05 p.m.)
Date: October 15, 2014
Time: 12:12 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5649 (Public Act No. 346, I.E.), being
An act 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,” (MCL 333.1101 to 333.25211) by adding sections 16221a and 20165a.
(Filed with the Secretary of State October 17, 2014, at 2:27 p.m.)
Date: October 15, 2014
Time: 11:56 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4638 (Public Act No. 347, I.E.), being
An act to amend 1937 PA 103, entitled “An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds,” by amending section 1 (MCL 565.201), as amended by 2007 PA 56.
(Filed with the Secretary of State October 17, 2014, at 2:29 p.m.)
Date: October 15, 2014
Time: 12:00 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4640 (Public Act No. 348, I.E.), being
An act to amend 1915 PA 123, entitled “An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits,” by amending section 1a (MCL 565.451a).
(Filed with the Secretary of State October 17, 2014, at 2:31 p.m.)
Date: October 15, 2014
Time: 11:58 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4639 (Public Act No. 349, I.E.), being
An act to amend 1846 RS 65, entitled “Of alienation by deed, and the proof and recording of conveyances, and the canceling of mortgages,” by amending section 28 (MCL 565.28), as amended by 2008 PA 358.
(Filed with the Secretary of State October 17, 2014, at 2:33 p.m.)
Date: October 15, 2014
Time: 12:02 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4867 (Public Act No. 350, I.E.), being
An act 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,” by amending section 40 of chapter XVII (MCL 777.40), as added by 1998 PA 317.
(Filed with the Secretary of State October 17, 2014, at 2:35 p.m.)
Date: October 15, 2014
Time: 12:04 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5107 (Public Act No. 351, I.E.), being
An act to amend 1994 PA 451, entitled “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,” by amending sections 30101 and 30105 (MCL 324.30101 and 324.30105), section 30101 as amended by 2009 PA 139 and section 30105 as amended by 2013 PA 98.
(Filed with the Secretary of State October 17, 2014, at 2:37 p.m.)
Date: October 15, 2014
Time: 12:06 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5785 (Public Act No. 352, I.E.), being
An act 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,” by amending section 1k of chapter IX (MCL 769.1k), as amended by 2006 PA 655.
(Filed with the Secretary of State October 17, 2014, at 2:39 p.m.)
Date: October 15, 2014
Time: 12:08 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5798 (Public Act No. 353, I.E.), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending sections 105, 405, 525, and 609 (MCL 436.1105, 436.1405, 436.1525, and 436.1609), section 105 as amended by 2005 PA 320, section 525 as amended by 2013 PA 236, and section 609 as amended by 2014 PA 47.
(Filed with the Secretary of State October 17, 2014, at 2:41 p.m.)
Date: October 21, 2014
Time: 12:25 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5606 (Public Act No. 354, I.E.), being
An act to amend 1981 PA 118, entitled “An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts,” by amending section 14 (MCL 445.1574), as amended by 2010 PA 141.
(Filed with the Secretary of State October 21, 2014, at 1:36 p.m.)
Date: October 21, 2014
Time: 10:58 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5273 (Public Act No. 355, I.E.), being
An act to amend 2008 PA 551, entitled “An act to enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to make uniform the law with reference to securities; and to repeal acts and parts of acts,” by amending the title and sections 202, 401, and 501 (MCL 451.2202, 451.2401, and 451.2501), section 202 as amended by 2013 PA 264, and by adding article 4A.
(Filed with the Secretary of State October 21, 2014, at 1:38 p.m.)
Communications from State Officers
The following communication from the Department of State Police was received and read:
October 3, 2014
The Michigan State Police (MSP) Criminal Justice Information Center has developed and published the 2013 Crime in Michigan. This publication is a compilation of crime statistics collected by 574 police agencies in Michigan and is available on the MSP website – www.michigan.gov/micr .
The following categories showed a decrease in crime from 2012 to 2013:
- Arson, 16%
- Burglary, 16%
- Homicides, 7%
- Sexual Assaults, 6%
- Aggravated/Felonious Assault, 5%
- Larceny, 5%
- Motor Vehicle Theft, 2%
- Robbery, 1%
Overall, there was a 7.25% decrease in violent crime.
If you have any questions regarding the information in this report, please feel free to contact the MSP, Michigan Incident Crime Reporting Unit at (517) 241-1704.
Sincerely,
Kriste Etue
DIRECTOR
The communication was referred to the Clerk.
The following communication from the Department of State Lottery was received and read:
October 13, 2014
In accordance with Section 432.23(4) of the McCauley-Traxler-Law-Bowman-McNeely Lottery Act, Act 239 of 1972 as amended, I respectfully submit to you the Bureau of State Lottery’s licensing report for Fiscal Year 2014.
a) The Bureau received 935 applications in Fiscal Year 2014, all of which were processed and notified, within 30 days after receipt, of any incompleteness. The applicant has six months to provide the additional information or the application is closed. The Bureau immediately licenses those who have completed their licensing application and have submitted all required information on any given business day. It is pertinent to the Bureau and the generation of revenue to license applicants immediately upon receipt of all required information. As a result, 709 complete applications were received in Fiscal Year 2014 and licensed within the 90-day time period described in subsection (2). The Bureau does not require renewal applications.
b) A total of 59 applications were denied for credit and security issues. A breakdown of the applications received in Fiscal Year 2014 by the Bureau is detailed in the following table:
Licensed | 709 |
Pending | 149 |
Closed | 18 |
Denied | 59 |
Total | 935 |
c) All complete applications received by the Bureau were licensed within the 90-day time period resulting in no money returned to applicants as described under subsection (3).
Should you need further explanation of the above or of any other matters pertaining to the Michigan Lottery, please feel free to contact me at any time.
Sincerely,
M. Scott Bowen
Commissioner
The communication was referred to the Clerk.
Announcements by the Clerk
October 9, 2014
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of the Use of Transportation-Related Funding, October 2014.
October 17, 2014
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of the Hawthorn Center, Bureau of Hospitals and Administrative Operations, Department of Community Health, October 2014.
Gary L. Randall
Clerk of the House
______
The Clerk declared the House adjourned until Thursday, November 6, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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