No. 76

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Wednesday, November 12, 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. Brian R. Banks, from the 1st District, offered the following invocation:

“Father God in the name of Jesus, we thank You for this day, we thank You for life, health and strength, we thank You for the activities of our limbs. We ask that You give us strength, the wisdom and the love to make the right decisions, to move our state forward. We ask that You bless all of the elected officials; keep us to together, that we may do what’s best for our people and our state. We thank You for all those families that are represented here today. We ask that You bless us and keep us. In Jesus name we pray, Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

House Bill No. 5230, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3801, 3805, 3810, 3815, 3820, 3825, and 3835 (MCL 600.3801, 600.3805, 600.3810, 600.3815, 600.3820, 600.3825, and 600.3835), section 3801 as amended by 2012 PA 352.

The bill was read a third time.

The question being on the passage of the bill,

Rep. McBroom moved to amend the bill as follows:

1. Amend page 2, line 12, by striking out all of subdivision (H).

2. Amend page 2, line 22, after “section” by striking out the balance of the line through ““CONTROLLED” on line 23 and inserting a comma and ““controlled”.

3. Amend page 2, line 25, by striking out all of subdivision (B).

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

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. 567 Yeas—77

Abed Glardon Lori Santana

Bolger Graves Lyons Schmidt

Brinks Greimel MacMaster Segal

Brown Haines McBroom Shirkey

Brunner Haugh McCann Singh

Callton Heise McCready Slavens

Cavanagh Hobbs Muxlow Smiley

Clemente Hovey-Wright Nesbitt Stallworth

Cochran Jacobsen O’Brien Stamas

Crawford Jenkins Oakes Stanley

Daley Kandrevas Olumba Switalski

Darany Kesto Outman Townsend

Denby Kivela Pagel VerHeulen

Dianda Knezek Phelps Victory

Dillon Kowall Poleski Walsh

Driskell Lamonte Price Yanez

Durhal Lane Pscholka Yonker

Faris Lauwers Rogers Zemke

Foster LaVoy Rutledge Zorn

Geiss

Nays—33

Banks Haveman LaFontaine Potvin

Barnett Hooker Leonard Rendon

Bumstead Howrylak Lipton Roberts

Cotter Irwin Lund Robinson

Farrington Johnson MacGregor Schor

Forlini Kelly McMillin Somerville

Franz Kosowski Nathan Talabi

Genetski Kurtz Pettalia Tlaib

Goike

In The Chair: Walsh

The House agreed to the title of the bill.

Comments and Recommendations

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

The motion prevailed.

Rep. Kurtz:

“There is something good about being the first one to speak. By the time the last one gets their chance, no one will remember what the first one had to say. So for me that is good. I figure I can say anything I want because before we are done with these goodbyes I will be off in the sunset or up in the mountains.

I have more joy than sadness about leaving the legislature. The immense joy comes from just the tremendous honor it has been to have served Branch and Hillsdale Counties these past six years.

I mean it when I say that I have served with some of the brightest and most wonderful people here in the House.

You, Mr. Clerk and those ladies and gentlemen who flank you must have to have had a lot of debriefing sessions following the times you all have looked in amazement at how we act and look.

And then there is the wonderful, respectful and courteous Sergeants have their stories to tell I am sure.

The most difficult thing for me to do while here, is to not catch up to the older ones like Photo Phil.

God bless the upper 5% of the age group in the legislature. We know there is nothing like a seasoned veteran of life. We all know you have cared for we older members.

I remember one winter evening after a dinner, I was about to leave the capitol to head home and I think it was Ken Yonker who said to me, ‘are you ok to drive after dark?’ I looked at him and said, ‘I do my best work after dark!’

I am indebted to my lovely wife, Diane for her patience care and encouragement these past six years. I would get a big kick out of telling her what would happen and she would say, ‘They did what!’ – ‘What do you do about it?’; to Scott Wiley who shared the office with me my full 6 years, indeed a man who is excellent in his understanding of the many issues we were given to deal with and his unique ability to represent this office with the district. I was able to see two brilliant men, Jared Burkhart and Bruce Noll, move from the back desk into fields associated with the Lansing scene who gave me guidance and were always on top of things any time, day or night. I was also blest to have Gary Muentener (MITNER) agree to come with me my final 3 months. What a gifted man with much wisdom.

I took very serious the role my caucus asked me to take as one who would care for our members if needed or called upon. You see each one of us carry certain cares that can at times seem too great to bear. Whether it was an illness of a family member, a personal problem inside or outside our duties, I was honored to be trusted. I was not perfect at all things my past six years but I did give my best.

My heart grieved when my good friend Kevin Daley and his wife lost their son suddenly and when my buddy, Ken Goike, walked those final days with his wife before cancer took her. Norm the loss of your son, and the several others who lost a parent or sibling while we were together. Thank you for letting me share in your sorrow.

To my seatmate for four years, Bruce Rendon, thank you for being such a caring friend. My seatmate for 4 years and never a harsh word.

While I never envisioned a role in politics, I will never regret my time here.

The most memorable thing said to me (by someone who had served here) when I came was, ‘If you want a friend in Lansing, bring a dog’. I proved that person so very wrong.

Politics and friendship for me has proven possible as I have served. Those who leave here and have found no friends are the unfortunate ones. You see, politics is about issues, friendship is about people. In politics it is right and natural to have division.

In friendship we are to experience the joy of diversity. Friendship is the willingness to look beyond the things that divide to see the value of each another.

I Know Something Good About You

Wouldn’t this old world be better

If the folks we meet would say -

‘I know something good about you !’

And treat us just that way ?

Wouldn’t it be fine and dandy

If each handclasp, fond and true,

Carried with it this assurance -

‘I know something good about you !’

Wouldn’t life be lots more happy

If the good that’s in us all

Were the only thing about us

That folks bothered to recall?

Wouldn’t life be lots more happy

If we praised the good we see ?

For there’s such a lot of goodness

In the worst of you and me!

Wouldn’t it be nice to practice

That fine way of thinking, too ?

You know something good about me;

I know something good about you.

Speaker Bolger, your caucus, Leader Greimel, your caucus, Mr. Clerk and your team, the Sergeants, and most of all the ‘coffee Lady’

THANK YOU – And to all a good night!!”

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore O’Brien to the Chair.

Rep. Barnett:

“It seems like yesterday that we in the senior class gathered for ‘Policy Lessons’ and met each other for the first time. Well it’s been a quick 6 years and in January, a new class will arrive to take our place. But before I leave, I need to thank a few people. Chief Sergeant Dickson, I’ll never forget how you and your team came to my rescue when I was surrounded and threatened in the hallway by an unruly mob of physicians. Really. Physicians! To the Clerks and staff, you have been remarkable: Knowledgeable and always ready to grab me when my leadership asked me to fling myself on the dais! Dem policy and staff, you’re the best! Michael, Collin and my former staffers Kyle, Amanda, Laura and Sam, ditto! To my ‘Floor Husband’, Wayne, I’ll miss you more than you know.

As for me, I’m probably the only one here who has served in the minority all three terms. I say that a bit tongue in cheek, but it’s actually the way it seemed to me at the time. It started in early February 2009, when an AT&T bill came to the floor that was bad for local governments. I called the Majority Floor Leader to get her permission to amend the bill. She talked it over with the bill’s sponsor, Jeff Mayes, and he assured her my amendment would fail if given a floor vote. So she agreed to run my amendment with a record roll call as I had requested. When the voting board quickly turned green, Floor Leader Angerer became quite angry. A few months later, another AT&T bill came to the floor and she opened the board while the republicans were in caucus. Representative Jennifer Haase and I decided that as strong supporters of the newly formed Bi-Partisan Freshmen Caucus, the democratic freshmen should stay off the board until the republicans came back into the room. Yep, I got into trouble for that, too. For the remainder of my first term, I was constantly called into the Floor Leader’s office for one thing or another. In fact, in her farewell speech, she ended with ‘and then there’s Rep. Barnett who reminds me daily that 66 was enough’. We had a caucus of 67.

Things didn’t get much better at the start of the next term when I went to bat for both the democratic AND republican Metro Detroit Reps who were getting ridiculed in the press for taking two snow days off for a storm that never materialized. I didn’t even say the ‘V’ word and I was banned from speaking on the floor for a week! If I had only been a Twitter user then . . .

And yet, I love this job! I am so blessed to have been elected to serve my allotted 3 terms. I never get tired of entering this building and am truly in awe of the responsibilities we carry on our shoulders when we deliberate on behalf of the citizens of Michigan. That is, when we deliberate . . . We don’t really do enough of that, you know.

Since term limits were passed over 2 decades ago, the institutions we regard as the foundation of our democracy are degrading. It used to be that members were assigned to committees based on their expertise and interests – not at the direction of lobbyists or corporations. For example, in my case, I spent years working on telecommunications, interoperable public safety radio systems, cable franchises, broadband issues and federal spectrum management. In 1988, I worked with State Senator Jack Faxon on Michigan Bell Telephone bills, and in 1996, with members of Congress on the Telecommunications Act. I leave you with the two stories mentioned from my first term as the reasons why I never served on Energy and Tech. But it’s not about me. It’s about citizen legislators sharing their expertise for the betterment of our state. In this age of term limits, it is more important than ever for us to leverage the skills and knowledge of our colleagues. Prior to term limits, legislators could serve for years on the same committees and learn on the job. They would become experts on issues that came to their committees, establish deep connections and relationships with key stakeholders and have tremendous institutional memory. Close bipartisan working relationships grew out of this system but sadly, most of this has been lost in the last twenty years.

It also used to be common for committees to meet to discuss current issues and possible solutions. Not just when bills were before them. Legislators didn’t always ‘fix a bill on the floor’. It was fixed in committee. It is my hope that those of you who return in January return to deliberately deliberate and use the knowledge base of your colleagues – from both sides of the aisle.

My other hope is that the Legislature seize back the power it all too easily handed over to the executive branch. For years, governors – all of them, regardless of party – would ask for rolled up budgets. ‘Just appropriate by category and let my department heads figure out how to use the money. After all, they know best,’ they would say. And for years, the House and Senate said, ‘NO!’ Every year, half of the budget bills would originate in the House and the other half in the Senate. The following year, the halves would switch. Then the appropriations process would begin, on each separate budget. And each separate budget would be voted on. Separately. If you didn’t support the transportation budget, but supported corrections, had the opportunity to vote on each. Not just two omnibus rolled up budget bills where we were handing unprecedented discretion to the Executive Office. For the last four years, I have watched in horror as we willingly gave away our legislative power to the Governor. Again, I hope my colleagues serving next year reclaim their power of appropriations, refuse to pass rolled-up budgets and tackle each budget issue on its own. Appropriations is a duty vested in the Legislative branch. Not the Executive Branch.

And finally, I hope our next legislature strikes a fair balance with regard to passing bills. Each legislator represents the voice of over 90,000 citizens and each representative should have the same rights as every other – regardless of party.

But last session, 2011-2012, of the 490 House Originated Public Acts signed by the Governor, only 9.5% were sponsored by democrats! A far cry from the 18% sponsored by the minority party under Democratic control in each of the previous two sessions. If the public is to have faith in their government, in us, we must do better to be fair to each other and to the voters who sent us here.

We third-termers have been through a lot together. Elected in 2008 as the world economy was crashing around us, we survived late session nights that would stretch into early mornings – FOR NO REASON WHATSOEVER! A state government on the verge of a shutdown because the leadership of the House, Senate and Executive Office could not compromise for the life of them.

We were here, in this Chamber, on a rare Friday session — Friday, December 18, 2009 when House Speaker Andy Dillon asked us to take our seats around 8 p.m. He then shocked us with the news that our colleague, Representative Mike Simpson, had died. We were silent. We quietly tried to console Mike’s front row seatmates. I’ll never forget the moment the Sergeants removed the Mike’s belongings from his desk. Moments later we all stood and watched as four sergeants covered his desk with a black cloth and placed an arrangement of lilies, roses and carnations on the top. The flag at the state Capitol was lowered to half-staff. Almost 10 months to the day later, on Sunday, October 17, 2010, we lost Representative Bob Jones – the former mayor of Kalamazoo and my good friend.

In late December we lost Representative Kate Ebli.

And at the end of January 2011, we mourned with our friend Representative Daley over the loss of his son. It is for Thomas that I have the Gift of Life license plate on my car.

I mention these things for a reason. To the outside world, we are self-centered dysfunctional politicians beholding to special interests. But we, on the inside, know we are like family. We are here to make Michigan better. We may disagree on precisely how to do that, sometimes quite loudly, but we try. It has been my sincere pleasure to serve with all of you.”

______

The Speaker Pro Tempore resumed the Chair.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4480, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 9, 88c, and 88i (MCL 125.2009, 125.2088c, and 125.2088i), sections 9 and 88c as amended by 2012 PA 145 and section 88i as added by 2005 PA 225.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Commerce,

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

Rep. McMillin moved to amend the bill as follows:

1. Amend page 2, line 14, by striking out all of subparagraphs (i) and (ii) and inserting:

“(i) THE NUMBER OF NEW JOBS COMMITTED OR PROMISED WHEN THE FINANCIAL ASSISTANCE WAS APPLIED FOR.

(ii) THE NUMBER OF RETAINED JOBS COMMITTED OR PROMISED WHEN THE FINANCIAL ASSISTANCE WAS APPLIED FOR.

(iii) THE ACTUAL NUMBER OF NEW FULL-TIME JOBS CREATED THAT ARE NOT TEMPORARY OR CONTRACT EMPLOYEES.

(iv) THE ACTUAL NUMBER OF FULL-TIME RETAINED JOBS THAT ARE NOT TEMPORARY OR CONTRACT EMPLOYEES.

(v) THE AVERAGE ANNUAL SALARY OF THE NEW JOBS CREATED THAT ARE NOT TEMPORARY OR CONTRACT EMPLOYEES.

(vi) THE AVERAGE ANNUAL SALARY OF THE RETAINED JOBS THAT ARE NOT TEMPORARY OR CONTRACT EMPLOYEES.

(vii) A COPY OF THE AGREEMENT ENTERED TO RECEIVE ANY FINANCIAL ASSISTANCE AND ANY REVISIONS TO THAT AGREEMENT.”.

2. Amend page 2, line 24, after “FUND” by striking out the balance of the subdivision and inserting a period.

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

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

The motion prevailed.

House Bill No. 4481, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 88k and 88n (MCL 125.2088k and 125.2088n), section 88k as amended by 2012 PA 145 and section 88n as added by 2005 PA 215.

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

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

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

The motion prevailed.

House Bill No. 4482, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 7 (MCL 125.2007), as amended by 2005 PA 225.

Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Commerce,

The substitute (H-5) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5715, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 81.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4401, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30103 (MCL 324.30103), as amended by 2009 PA 139.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Natural Resources,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 4157, entitled

A bill to create certain loan programs for information, communications, and technology improvements; to facilitate the operation of certain programs; and to impose certain duties on certain state officers and employees.

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

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

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

The motion prevailed.

House Bill No. 5806, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 122 (MCL 389.122), as amended by 2003 PA 306.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Energy and Technology,

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

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

The motion prevailed.

House Bill No. 5117, entitled

A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15.

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

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

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

The motion prevailed.

House Bill No. 5118, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2012 PA 14.

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

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

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

The motion prevailed.

House Bill No. 5202, entitled

A bill to amend 1954 PA 188, entitled “An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds,” by amending section 7 (MCL 41.727), as amended by 1986 PA 180.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,

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

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

The motion prevailed.

House Bill No. 5825, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 36 of chapter X (MCL 710.36), as amended by 1996 PA 409.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families, Children, and Seniors,

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

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

The motion prevailed.

House Bill No. 5617, entitled

A bill to amend 1877 PA 164, entitled “An act to authorize cities, incorporated villages, and townships to establish and maintain, or contract for the use of, free public libraries and reading rooms; and to prescribe penalties and provide remedies,” by amending section 4 (MCL 397.204).

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

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

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

The motion prevailed.

House Bill No. 5678, entitled

A bill to amend 1945 PA 246, entitled “An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanctions; and to repeal all acts and parts of acts in conflict with the act,” by amending section 1 (MCL 41.181), as amended by 2012 PA 9.

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.

House Bill No. 5679, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 4i (MCL 117.4i), as amended by 2012 PA 7.

The bill was read a second time.

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

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

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

The motion prevailed.

House Bill No. 5680, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 5h (MCL 117.5h), as amended by 1994 PA 313.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5681, entitled

A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 1 of chapter VII (MCL 67.1), as amended by 1994 PA 314.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5684, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending section 5 (MCL 280.5).

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,

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

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

The motion prevailed.

House Bill No. 5685, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 101 and 121 (MCL 280.101 and 280.121).

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,

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

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

The motion prevailed.

House Bill No. 5686, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending section 327 (MCL 280.327).

The bill was read a second time.

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

The motion prevailed.

Comments and Recommendations

Rep. Brown:

“I have had an incredible time here. My experiences have been rewarding and gratifying from the very first moment I stepped onto the seal which was on the carpeting at the doorway of these chambers, I knew this was a special honor to be associated with such fine people.

I’m a believer in the resurrection story. It rings personal to me. Unlike the rest of you who will give farewell addresses, this one represents a sequel to my first one which I delivered in 2010. But even our Lord didn’t hang around, as He went back home, so do I. (Notice I didn’t use the term ascended to a higher place.)

I was taught that ‘when a door closes, you better hope its not the cellar door cause you’re too big to crawl through those basement windows’.

Since day one, I have been surrounded by the most talented staff, both in my office, central staff, and in the non-partisan offices that make this place really work. So I thought it fitting to ask some of these friends to help me write this good-bye with memories that they have.

Jeff Stoutenburg who served as an intern, office staff member and in house fiscal before getting a real job with Dow shared a couple of remembrances.

He recalls that

1) It was getting close to Christmas when we received a call from a father of three. He had lost his job some months back and had been having a difficult time finding full-time work. His call was different though than most we got. He wasn’t calling out of anger. He didn’t call yelling and screaming about the down economy or lack of job prospects. He was concerned for his kids. He wanted to do everything he could to make sure they had at least one present to open on Christmas morning. He didn’t ask us for a hand-out. Instead, he asked if we knew of anyone that was hiring. It could be any job. He was already working a part-time job but it barely paid enough to cover the bills. He was looking for an opportunity. We pointed him in the direction of a couple local business people that might be able to help him and then we pooled some money together and anonymously mailed him a Meijer gift card and a note that read ‘Merry Christmas to you and your family. When you get the opportunity, be sure to pay it forward.’

He also remembers

2) The family that couldn’t afford to bury their loved one, a fallen military member. This was an instance that needed a change in the law. We worked around the clock up until the end of the 2010 session to try and get relief to the members of the military that were not eligible for benefits because they didn’t serve in a recognized war time. That didn’t matter. They were still heroes. And they deserved help. Unfortunately, we were not able to see that bill all the way through. But the family that couldn’t afford to bury their loved one, they got help. Not everyone was on our side. But we continued to fight because we knew it was the right thing to do.

Dawn Kettinger, who started as a writer for me and sounded more like me than I did also shared. She said

It seems like just yesterday I was nervously following my boss’s order to call some pastor from ‘the Thumb’ (whatever that is) and get to know him because I would be his writer.

Dawn remembers the time I had been telling one of our future representatives, a young lad, Phil Phelps, who at that time was serving as my organizer, that governor Granholm had a crush on me. For some reason, he found it hard to believe so I proved it with picture of the Governor and I with photoshopped pictures of me in frames on her desk surrounding her. Phil thought for a time that maybe the governor put personal photos of each rep on her desk just before the official photos. I wonder if this Gov has surrounded himself with pictures of Rep Phelps on his desk?

Dawn also recalls that as our lake shores were being overtaken by muck a song that was written and performed about me was linked to the local news. It was titled Mr. Brown we have this Mucky Water. (To the tune of Mrs. Jones You Have a Lovely Daughter.)

Zoe Alstrom joined the office this term.

She was inspired by the contact we had with a retired Jr. High special ed teacher, who was working so hard to help a former student get medical attention while the young man is being incarcerated in prison. The fact that his middle school teacher visits him and advocates for him when his own parents don’t, gave us all hope that his eventual return to society might be successful. And reminded us that teachers provide an opportunity that too often goes unnoticed in this body.

We also helped a young man on the west side of the state, far from our district get free from his abusive employer. Helping recover a disabled, kidnapped person, especially a vulnerable one, is rewarding though few ever even knew that we had worked on it.

Introducing Travis Mills, the quadruple amputee veteran and new father to this body was one of our highlights. His spirit was amazing. He pranked several of us and when he was recognized on the House floor, he spun his hand 360 degrees around several times.

Melissa Weipert who has been with me from about Day One said:

One of her most memorable legislative tours was at Camp Grayling. It was so impressive to see firsthand this National Guard training facility. Riding in a Blackhawk helicopter and firing a machine gun were experiences she, nor I will ever forget.

Of course she also remembers that Larry, my first hire collected clocks and filled the office with them. With such a busy office Melissa was usually able to block out the tick-tock of all the clocks, but on Friday afternoons when the phones were quiet, boy were those clocks loud!

Melissa was not much of a country girl and one of her first trips to the Thumb she saw a peacock on the country roads of the Thumb. Many of us still believe it was a turkey vulture. And thats not all, upon seeing a goat at a farm she thought it was a baby cow.

Aaron too, it seems has always been with us. We had Fred who called himself the world’s oldest intern as well as Kathy. We also had some great young interns like Paul (now an attorney), Fernanda (RN in DC), & Jeff (big-wig at Dow). And this year, Ben, Shawn and especially Tom Steinbis did so much on our behalf.

And we lost people along the way, good people, friends who died much too young. They remind me often that we only have today to good things, tomorrow may never come.

At the beginning of this, my final term, I realized, if I was to get anything done, I needed all of you. So what did I do? I bought a popcorn popper for my office. I must confess, that I preyed on your addictions. If I felt lonely, I propped my door open, and soon enough I’d get a visit by Muxlow or Daley or Glardon or Callton. Or even better, from their staff. Thanks to all of you for taking me into this place. I have walked among giants, but I am proudest to say that I have been witness to tireless servants to a good greater than politics.

While in office I have tried to end phone calls and letters with ‘make it a great day.’ It serves to remind people that regardless of their situation in life, or their current struggles, they control whether today is going to be a great day for them. And despite whatever may be going on in life, or the world, every day that we get to spend here, with each other, is truly a great day.

So, instead of farewell, allow me to simply leave you by encouraging you to ‘make it a great day.”

______

Rep. Rutledge moved that Reps. Roberts and Townsend be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5812, entitled

A bill to amend 2010 PA 123, entitled “Uniform real property electronic recording act,” by amending section 5 (MCL 565.845).

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

Roll Call No. 568 Yeas—108

Abed Genetski Lane Pscholka

Banks Glardon Lauwers Rendon

Barnett Goike LaVoy Robinson

Bolger Graves Leonard Rogers

Brinks Greimel Lipton Rutledge

Brown Haines Lori Santana

Brunner Haugh Lund Schmidt

Bumstead Haveman Lyons Schor

Callton Heise MacGregor Segal

Cavanagh Hobbs MacMaster Shirkey

Clemente Hooker McBroom Singh

Cochran Hovey-Wright McCann Slavens

Cotter Howrylak McCready Smiley

Crawford Irwin McMillin Somerville

Daley Jacobsen Muxlow Stallworth

Darany Jenkins Nathan Stamas

Denby Johnson Nesbitt Stanley

Dianda Kandrevas O’Brien Switalski

Dillon Kelly Oakes Talabi

Driskell Kesto Olumba Tlaib

Durhal Kivela Outman VerHeulen

Faris Knezek Pagel Victory

Farrington Kosowski Pettalia Walsh

Forlini Kowall Phelps Yanez

Foster Kurtz Poleski Yonker

Franz LaFontaine Potvin Zemke

Geiss Lamonte Price Zorn

Nays—0

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5450, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2012 PA 243.

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

Roll Call No. 569 Yeas—106

Abed Glardon Lauwers Pscholka

Banks Goike LaVoy Rendon

Bolger Graves Leonard Rogers

Brinks Greimel Lipton Rutledge

Brown Haines Lori Santana

Brunner Haugh Lund Schmidt

Bumstead Haveman Lyons Schor

Callton Heise MacGregor Segal

Cavanagh Hobbs MacMaster Shirkey

Clemente Hooker McBroom Singh

Cochran Hovey-Wright McCann Slavens

Cotter Howrylak McCready Smiley

Crawford Irwin McMillin Somerville

Daley Jacobsen Muxlow Stallworth

Darany Jenkins Nathan Stamas

Denby Johnson Nesbitt Stanley

Dianda Kandrevas O’Brien Switalski

Dillon Kelly Oakes Talabi

Driskell Kesto Olumba Tlaib

Durhal Kivela Outman VerHeulen

Faris Knezek Pagel Victory

Farrington Kosowski Pettalia Walsh

Forlini Kowall Phelps Yanez

Foster Kurtz Poleski Yonker

Franz LaFontaine Potvin Zemke

Geiss Lamonte Price Zorn

Genetski Lane

Nays—2

Barnett 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:

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.

House Bill No. 5748, entitled

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

Roll Call No. 570 Yeas—106

Abed Glardon Lauwers Pscholka

Banks Goike LaVoy Rendon

Bolger Graves Leonard Rogers

Brinks Greimel Lipton Rutledge

Brown Haines Lori Santana

Brunner Haugh Lund Schmidt

Bumstead Haveman Lyons Schor

Callton Heise MacGregor Segal

Cavanagh Hobbs MacMaster Shirkey

Clemente Hooker McBroom Singh

Cochran Hovey-Wright McCann Slavens

Cotter Howrylak McCready Smiley

Crawford Irwin McMillin Somerville

Daley Jacobsen Muxlow Stallworth

Darany Jenkins Nathan Stamas

Denby Johnson Nesbitt Stanley

Dianda Kandrevas O’Brien Switalski

Dillon Kelly Oakes Talabi

Driskell Kesto Olumba Tlaib

Durhal Kivela Outman VerHeulen

Faris Knezek Pagel Victory

Farrington Kosowski Pettalia Walsh

Forlini Kowall Phelps Yanez

Foster Kurtz Poleski Yonker

Franz LaFontaine Potvin Zemke

Geiss Lamonte Price Zorn

Genetski Lane

Nays—2

Barnett Robinson

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.

House Bill No. 5749, entitled

A bill to repeal 1959 PA 186, entitled “An act to regulate the use of certain spring, gas or air operated handguns and to provide a penalty for violation of this act,” (MCL 752.891 to 752.892).

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

Roll Call No. 571 Yeas—102

Abed Genetski Lauwers Price

Banks Glardon LaVoy Pscholka

Bolger Goike Leonard Rendon

Brinks Graves Lipton Rogers

Brown Greimel Lori Rutledge

Brunner Haines Lund Santana

Bumstead Haugh Lyons Schmidt

Callton Haveman MacGregor Segal

Cavanagh Heise MacMaster Shirkey

Clemente Hobbs McBroom Slavens

Cochran Hooker McCann Smiley

Cotter Howrylak McCready Somerville

Crawford Jacobsen McMillin Stallworth

Daley Jenkins Muxlow Stamas

Darany Johnson Nathan Stanley

Denby Kandrevas Nesbitt Switalski

Dianda Kelly O’Brien Talabi

Dillon Kesto Oakes Tlaib

Driskell Kivela Olumba VerHeulen

Durhal Knezek Outman Victory

Faris Kosowski Pagel Walsh

Farrington Kowall Pettalia Yanez

Forlini Kurtz Phelps Yonker

Foster LaFontaine Poleski Zemke

Franz Lamonte Potvin Zorn

Geiss Lane

Nays—6

Barnett Irwin Schor Singh

Hovey-Wright Robinson

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.

House Bill No. 5750, entitled

A bill to amend 1952 PA 10, entitled “An act to define the duties of any person who discharges a firearm and thereby injures any person; and to prescribe penalties for violations of the provisions of this act,” by amending section 1 (MCL 752.841).

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

Roll Call No. 572 Yeas—101

Abed Genetski Lane Potvin

Banks Glardon Lauwers Price

Bolger Goike LaVoy Pscholka

Brinks Graves Leonard Rendon

Brown Greimel Lipton Rogers

Brunner Haines Lori Rutledge

Bumstead Haugh Lund Santana

Callton Haveman Lyons Schmidt

Cavanagh Heise MacGregor Segal

Clemente Hobbs MacMaster Shirkey

Cochran Hooker McBroom Slavens

Cotter Howrylak McCann Smiley

Crawford Jacobsen McCready Somerville

Daley Jenkins McMillin Stallworth

Darany Johnson Muxlow Stamas

Denby Kandrevas Nathan Stanley

Dianda Kelly Nesbitt Switalski

Dillon Kesto O’Brien Talabi

Driskell Kivela Oakes Tlaib

Durhal Knezek Olumba VerHeulen

Faris Kosowski Outman Victory

Farrington Kowall Pagel Walsh

Forlini Kurtz Pettalia Yanez

Foster LaFontaine Phelps Yonker

Franz Lamonte Poleski Zorn

Geiss

Nays—7

Barnett Irwin Schor Zemke

Hovey-Wright Robinson Singh

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

Rep. Stamas moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, November 7:

House Bill Nos. 5889 5890 5891 5892 5893 5894 5895 5896 5897 5898 5899 5900 5901 5902

5903 5904 5905 5906 5907 5908 5909 5910 5911 5912 5913 5914 5915 5916

5917 5918 5919 5920 5921 5922 5923 5924 5925 5926 5927 5928 5929 5930

5931 5932

House Joint Resolution QQ

Senate Bill Nos. 1131 1132 1133 1134 1135 1136 1137 1138

The Clerk announced that the following Senate bills had been received on Wednesday, November 12:

Senate Bill Nos. 973 974 975 1086 1087

Reports of Standing Committees

The Committee on Transportation and Infrastructure, by Rep. Schmidt, Chair, reported

Senate Bill No. 970, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 7a, 18b, 25, 67a, 212, 217c, 217f, 248c, 252a, 259, 306, 307, 309, 312e, 312f, 319, 319b, 324, 803b, and 904 (MCL 257.7a, 257.18b, 257.25, 257.67a, 257.212, 257.217c, 257.217f, 257.248c, 257.252a, 257.259, 257.306, 257.307, 257.309, 257.312e, 257.312f, 257.319, 257.319b, 257.324, 257.803b, and 257.904), sections 7a and 212 as amended by 2002 PA 534, section 18b as added and section 67a as amended by 1988 PA 346, section 217c as amended by 2002 PA 642, sections 217f and 248c as amended by 1993 PA 300, section 252a as amended by 2008 PA 539, section 306 as amended by 2014 PA 120, section 307 as amended by 2012 PA 55, section 309 as amended by 2012 PA 355, sections 312e and 803b as amended by 2011 PA 159, section 312f as amended by 2012 PA 473, section 319 as amended by 2012 PA 306, section 319b as amended by 2012 PA 498, section 324 as amended by 2006 PA 298, and section 904 as amended by 2008 PA 461, and by adding section 306a.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Schmidt, Glardon, Jacobsen, O’Brien, Pettalia, Lauwers, Lane, Dianda, Rutledge, Driskell, Cochran and Smiley

Nays: None

The Committee on Transportation and Infrastructure, by Rep. Schmidt, Chair, reported

Senate Bill No. 1092, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 612 (MCL 257.612), as amended by 2006 PA 339.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Schmidt, Glardon, Jacobsen, O’Brien, Pettalia, Lauwers, Lane, Dianda, Rutledge, Driskell, Cochran and Smiley

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 12, 2014

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

Absent: Reps. Daley, Heise and McCready

Excused: Reps. Daley, Heise and McCready

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

House Bill No. 5924, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” (MCL 432.1 to 432.47) by adding section 32b.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, Haugh, LaVoy and Townsend

Nays: Rep. Genetski

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 786, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7uu.

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. Farrington, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Barnett, Switalski, Haugh and LaVoy

Nays: Rep. Kelly

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 787, entitled

A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties.

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. Farrington, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Barnett, Switalski, Haugh and LaVoy

Nays: Rep. Kelly

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 12, 2014

Present: Reps. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, Haugh, LaVoy and Townsend

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

House Bill No. 4206, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter II (MCL 762.11), as amended by 2004 PA 239.

With the recommendation that the substitute (H-5) 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. Heise, Graves, Kurtz, Callton, O’Brien, Kesto and Banks

Nays: Reps. McBroom, Robinson and Kivela

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

House Bill No. 5582, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13 of chapter II (MCL 762.13), as amended by 2004 PA 239.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Heise, Graves, Kurtz, Callton, O’Brien, Kesto, Robinson, Kivela and Banks

Nays: Rep. McBroom

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

House Bill No. 5585, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter II (MCL 762.12), as amended by 1994 PA 286.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Kesto and Kivela

Nays: Reps. Robinson and Banks

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

Senate Bill No. 596, entitled

A bill to create the human trafficking health advisory board act; to provide for an interdepartmental human trafficking health advisory board; to prescribe the membership of the human trafficking health advisory board; and to prescribe the duties and responsibilities of the human trafficking health advisory board.

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. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Kesto, Robinson, Kivela and Banks

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Wednesday, November 12, 2014

Present: Reps. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Kesto, Robinson, Kivela and Banks

Absent: Rep. Oakes

Excused: Rep. Oakes

The Committee on Appropriations, by Rep. Haveman, Chair, reported

House Bill No. 5179, entitled

A bill to authorize the state administrative board to convey certain parcels of state-owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments and local units of government in regard to the property; and to provide for disposition of revenue derived from the conveyance.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Haveman, Pscholka, Lori, Rogers, Stamas, Walsh, Bumstead, Forlini, MacGregor, MacMaster, Jenkins, Muxlow, Poleski, McCready, VerHeulen, Shirkey, Tlaib, Brown, Durhal, McCann, Dillon, Roberts, Kandrevas, Faris, Zemke and Singh

Nays: None

The Committee on Appropriations, by Rep. Haveman, Chair, reported

House Bill No. 5928, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 1a, 1l, 34, and 35 of chapter IX (MCL 769.1a, 769.1l, 769.34, and 769.35), section 1a as amended by 2009 PA 27, section 1l as added by 2005 PA 325, section 34 as amended by 2002 PA 666, and section 35 as added by 1998 PA 317, and by adding sections 32a and 33a to chapter IX.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Haveman, Pscholka, Kowall, Lori, Rogers, Stamas, Walsh, Bumstead, Forlini, MacGregor, MacMaster, Jenkins, Muxlow, Poleski, Potvin, McCready, VerHeulen, Shirkey, Tlaib, Brown, Durhal, McCann, Dillon, Roberts, Kandrevas, Faris, Zemke, Singh and Olumba

Nays: None

The Committee on Appropriations, by Rep. Haveman, Chair, reported

House Bill No. 5929, entitled

A bill to amend 1988 PA 511, entitled “Community corrections act,” by amending sections 2, 3, 4, 5, 7, 8, and 11 (MCL 791.402, 791.403, 791.404, 791.405, 791.407, 791.408, and 791.411).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Haveman, Pscholka, Kowall, Lori, Rogers, Stamas, Walsh, Bumstead, Forlini, MacGregor, MacMaster, Jenkins, Muxlow, Poleski, Potvin, McCready, VerHeulen, Tlaib, Brown, Durhal, McCann, Dillon, Roberts, Kandrevas, Faris, Zemke and Olumba

Nays: Rep. Shirkey

The Committee on Appropriations, by Rep. Haveman, Chair, reported

House Bill No. 5930, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 2, 4, and 14 of chapter XI and sections 2, 3, and 5 of chapter XIA (MCL 771.2, 771.4, 771.14, 771A.2, 771A.3, and 771A.5), section 2 of chapter XI as amended by 2010 PA 351, section 4 of chapter XI as amended by 1998 PA 520, section 14 of chapter XI as amended by 2012 PA 27, and sections 2, 3, and 5 of chapter XIA as added by 2012 PA 616.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Haveman, Pscholka, Kowall, Lori, Rogers, Stamas, Walsh, Bumstead, Forlini, MacGregor, MacMaster, Jenkins, Muxlow, Poleski, Potvin, McCready, VerHeulen, Shirkey, Kandrevas and Olumba

Nays: Rep. Faris

The Committee on Appropriations, by Rep. Haveman, Chair, reported

House Bill No. 5931, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 11a, 20g, 33, 33e, 35, 39a, and 40a (MCL 791.211a, 791.220g, 791.233, 791.233e, 791.235, 791.239a, and 791.240a), section 11a as amended by 1998 PA 204, section 20g as amended by 2000 PA 211, section 33 as amended by 1998 PA 320, section 33e as added by 1992 PA 181, section 35 as amended by 2012 PA 24, section 39a as added by 1982 PA 314, and section 40a as amended by 2006 PA 532.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Nays: Reps. Dillon, Faris and Zemke

The Committee on Appropriations, by Rep. Haveman, Chair, reported

Senate Bill No. 781, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2014; and to provide for the expenditure of the appropriations.

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. Haveman, Pscholka, Kowall, Lori, Rogers, Stamas, Walsh, Bumstead, Forlini, MacGregor, Jenkins, Muxlow, Poleski, Potvin, McCready, VerHeulen, Tlaib, Brown, Durhal, McCann, Dillon, Roberts, Kandrevas, Faris, Zemke, Singh and Olumba

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 12, 2014

Present: Reps. Haveman, Pscholka, Kowall, Lori, Rogers, Stamas, Walsh, Bumstead, Forlini, MacGregor, MacMaster, Jenkins, Muxlow, Poleski, Potvin, McCready, VerHeulen, Shirkey, Tlaib, Brown, Durhal, McCann, Dillon, Roberts, Kandrevas, Faris, Zemke, Singh and Olumba

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 12, 2014

Present: Reps. Foster, Schmidt, Farrington, Glardon, Johnson, Somerville, Outman, Kelly, Leonard, Switalski, Barnett, Townsend, Santana, Driskell and Yanez

Absent: Reps. Zorn, Haines, Nesbitt and Oakes

Excused: Reps. Zorn, Haines, Nesbitt and Oakes

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Kurtz, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Wednesday, November 12, 2014

Present: Reps. Kurtz, Hooker, Denby, Outman, Kesto, Victory, Hovey-Wright, Slavens and Kosowski

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 12, 2014

Present: Reps. Daley, Denby, Kurtz, Glardon, Johnson, McBroom, Outman, Rendon, Victory, Lauwers, Pagel, Brunner, Smiley, Hovey-Wright, Geiss and Talabi

Absent: Rep. LaVoy

Excused: Rep. LaVoy

Messages from the Senate

House Bill No. 5610, entitled

A bill to amend 1899 PA 44, entitled “An act to provide for the publication and distribution of publications, laws, and documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published; to provide for the replacing of publications lost by fire or otherwise; to provide for the publication and distribution of the Michigan manual; to provide for duties of certain state and local government departments and agencies; to establish certain funds; and to provide for certain penalties and remedies,” by amending section 6 (MCL 24.6), as amended by 1983 PA 97.

The Senate has amended the bill as follows:

1. Amend page 2, line 2, after “REPRESENTATIVES.” by inserting “THE SECRETARY OF THE SENATE SHALL RETAIN AT LEAST 1 PRINTED AND BOUND COPY OF THE SENATE JOURNAL, THE CLERK OF THE HOUSE OF REPRESENTATIVES SHALL RETAIN AT LEAST 1 PRINTED AND BOUND COPY OF THE HOUSE JOURNAL, AND 1 PRINTED AND BOUND COPY OF EACH JOURNAL SHALL BE PROVIDED TO THE LIBRARY OF MICHIGAN.”.

2. Amend page 2, line 19, after “both.” by striking out the balance of the subsection.

The Senate has passed the bill as amended and ordered that it be given immediate effect.

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

Senate Bill No. 973, entitled

A bill to create the child welfare partnership council; and to prescribe the powers and duties of the council and certain state departments and agencies.

The Senate has passed the bill.

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

Senate Bill No. 974, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 2 of chapter XIIA (MCL 712A.2), as amended by 2014 PA 342.

The Senate has passed the bill.

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

Senate Bill No. 975, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2014 PA 304.

The Senate has passed the bill.

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

Senate Bill No. 1086, entitled

A bill to amend 1974 PA 150, entitled “Youth rehabilitation services act,” by amending section 5 (MCL 803.305), as amended by 1998 PA 517.

The Senate has passed the bill.

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

Senate Bill No. 1087, entitled

A bill to amend 2009 PA 75, entitled “Mortgage loan originator licensing act,” by amending section 5 (MCL 493.135), as amended by 2012 PA 150.

The Senate has passed the bill.

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

Notices

Pursuant to Rule 41, the Speaker has made the following referrals:

House Bill No. 5908 referred to the Committee on Transportation and Infrastructure.

House Bill No. 5909 referred to the Committee on Transportation and Infrastructure.

House Bill No. 5910 referred to the Committee on Transportation and Infrastructure.

House Bill No. 5911 referred to the Committee on Transportation and Infrastructure.

House Bill No. 5912 referred to the Committee on Transportation and Infrastructure.

House Bill No. 5913 referred to the Committee on Transportation and Infrastructure.

House Bill No. 5914 referred to the Committee on Transportation and Infrastructure.

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

October 6, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-028-LR (Secretary of State Filing #14-10-01) on this date at 3:45 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Storage and Handling of Flammable and Combustible Liquids”.

These rules take effect 7 days after filing with the Secretary of State.

October 6, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-108-LR (Secretary of State Filing #14-10-02) on this date at 3:47 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Compressed Natural Gas (CNG) Vehicular Fuel Systems”.

These rules take effect 7 days after filing with the Secretary of State.

October 6, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-012-LR (Secretary of State Filing #14-10-03) on this date at 3:49 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Liquefied Petroleum Gas (LPG) Code”.

These rules take effect 7 days after filing with the Secretary of State.

October 6, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-106-TY (Secretary of State Filing #14-10-04) on this date at 3:51 P.M. for the Department of Treasury, entitled “School Bond Qualification, Approval, and Loan Rules”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33,44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

October 8, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-111-LR (Secretary of State Filing #14-10-05) on this date at 3:17 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Board of Dentistry – General Rules”.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

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

November 10, 2014

Attached please find a copy of the report required by MCL 141.921, part of the Glenn Steil State Revenue Sharing Act of 1971 (PA 140 of 1971). The report provides notification of local units of government that fail to provide a financial report or an audit, if required, and any local unit of government required to file a financial plan.

Please feel free to contact our office if you should have any questions.

Thank you,

Julie Walsh, CPA

Treasury – Budget Division

The communication was referred to the Clerk.

Introduction of Bills

Rep. Shirkey introduced

House Bill No. 5933, entitled

A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 22, 40, 53, 63, 151, 152, 153, 154, and 155 (MCL 207.1022, 207.1040, 207.1053, 207.1063, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155).

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

Rep. Shirkey introduced

House Bill No. 5934, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2007 PA 210.

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

Rep. Irwin introduced

House Bill No. 5935, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106a (MCL 400.106a), as amended by 2012 PA 356.

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

Rep. Irwin introduced

House Bill No. 5936, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5145.

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

Rep. Irwin introduced

House Bill No. 5937, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2 (MCL 691.1402), as amended by 2012 PA 50.

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

Rep. Irwin introduced

House Bill No. 5938, entitled

A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” (MCL 480.11 to 480.25) by amending the title and by adding sections 13b and 13c.

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

Reps. Outman and Lauwers introduced

House Bill No. 5939, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11701 and 11718 (MCL 324.11701 and 324.11718), section 11701 as amended by 2005 PA 199 and section 11718 as amended by 2004 PA 381, and by adding section 11721.

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

Reps. Daley and Lauwers introduced

House Bill No. 5940, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 2111, 2125, 4111, and 4113 (MCL 289.2111, 289.2125, 289.4111, and 289.4113), section 2111 as amended by 2007 PA 113, sections 2125 and 4111 as amended by 2012 PA 178, and section 4113 as amended by 2007 PA 114.

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

Rep. McMillin introduced

House Bill No. 5941, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 192 and 200 (MCL 168.192 and 168.200), section 200 as amended by 1998 PA 364, and by adding section 192a.

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

Rep. McMillin introduced

House Bill No. 5942, entitled

A bill to prohibit an agency of this state, a political subdivision of this state, an employee of an agency of this state or a political subdivision of this state, or a member of the Michigan national guard from assisting the government of the United States in stopping drivers on the roads and highways of this state.

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

Rep. McMillin introduced

House Bill No. 5943, entitled

A bill to enter into the interstate health care compact; and for related purposes.

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

Reps. McMillin and Haveman introduced

House Bill No. 5944, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 18107 and 18111 (MCL 333.18107 and 333.18111), section 18107 as amended by 1989 PA 262 and section 18111 as added by 1988 PA 421, and by adding section 18108.

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

Rep. McMillin introduced

House Bill No. 5945, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 823.

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

Rep. McMillin introduced

House Bill No. 5946, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 25c to chapter IV.

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

Rep. Poleski introduced

House Bill No. 5947, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2006 PA 498.

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

Rep. Poleski introduced

House Bill No. 5948, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1617 and 3020 (MCL 500.1617 and 500.3020), section 1617 as added by 2002 PA 655 and section 3020 as amended by 2006 PA 106, and by adding section 3009a.

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

Rep. Poleski introduced

House Bill No. 5949, entitled

A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 517 (MCL 141.2517), as amended by 2002 PA 541.

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

Rep. Poleski introduced

House Bill No. 5950, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5430 (MCL 333.5430), as added by 2006 PA 31, and by adding section 5431a.

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

Reps. Kelly and Nesbitt introduced

House Bill No. 5951, entitled

A bill to regulate transportation network companies in this state; to provide for the powers and duties of certain state officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.

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

Rep. Kesto introduced

House Bill No. 5952, entitled

A bill to authorize the department of natural resources to accept and convey property in Oakland county; to prescribe conditions for the acceptance and conveyance of the property; and to provide for disposition of revenue.

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

Reps. Kesto, Crawford, McCready, Haines and Kowall introduced

House Bill No. 5953, entitled

A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” by amending section 9 (MCL 45.559), as amended by 2003 PA 281.

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

Announcements by the Clerk

November 10, 2014

Received from Auditor General, the Office of the Auditor General’s Fiscal Year 2014 annual report, pursuant to Article IV, Section 53 of the Michigan Constitution.

Gary L. Randall

Clerk of the House

______

Rep. Johnson moved that the House adjourn.

The motion prevailed, the time being 6:15 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, November 13, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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