No. 44

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Tuesday, May 13, 2014.

1:30 p.m.

The House was called to order by Associate Speaker Pro Tempore Cotter.

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

Ms. Najah Bazzy, of the Islamic Center of America in Dearborn, offered the following invocation:

“Let Us Reflect and Remember,

As we come together this afternoon - One Nation under God, let us come together as one State, one people, one collective determination. You have instilled within our humanity the Glory of an Intellect, and You made us Your crowning creation.

You have gifted this Intellect with - the power of Choice and Free Will. The power to Choose You and Know You in Your many manifestations or to not. There is no coercion in faith is Your first Bill of Rights. You have given to the human mind the gift of discernment. Indeed we are a Thinking Creation, so let us Think about how we can work together and coexist together in the framework of Equity and Equality.

Our beautiful state has been given many gifts touched by Your hand - give to our legislators who represent Your people the faculty of wisdom, the gift of creative solutions, that we may truly be sure No child is left behind. Give us all - a determined people in a free world, living in the greatest country on earth, the simple solutions to educating the human potential less we loose our intellectual edge, the simple solutions to feeding the hungry while our resources in Michigan are plentiful, the simple solutions to housing and shelter for the homeless who should never be homeless to begin with. Let us contemplate the decisions that affect the differently abled while we walk, talk, hear, and see freely. You have guided our grandparents and theirs before them to venture across oceans blue carrying within their wombs the tombs of men and women who have served the national security of our great nation, let us remember their sacrifice and determination to raise our generations as a free and prosperous people.

Let us Embrace all that is Good and truly Believe in the Concept of - One Nation Under God and let America the Beautiful, continue to be the land of liberty - for God has said - I have Created You Nations and Tribes that You may come to know one another - and the best amongst You are those who are most pious. We ask that You bestow Your blessings upon the servants of our great State and give them wisdom over intolerance, fair consciousness in their deliberations, piety in their service, and the strength and good health to keep Michigan Pure.

Amen.”

Motions and Resolutions

Reps. Schmidt, Denby, Barnett, Jacobsen, Price, Lori, Kurtz, Jenkins, Cotter, Leonard, LaFontaine, Haines, Victory, Crawford, Johnson, McBroom, Muxlow, Callton, Haveman, Glardon, Pscholka, Rogers, Lauwers, Graves, Bumstead, Heise, Santana, Hovey-Wright, Hooker, Kandrevas, Poleski, Irwin, Knezek, Daley, Kosowski, McCann, Kowall, Nathan, Haugh, Driskell, Olumba, Tlaib, Schor, Dillon, Brown, Segal, Dianda, Cochran, Geiss, LaVoy, Rendon, Lyons, Howrylak and Slavens offered the following resolution:

House Resolution No. 358.

A resolution to declare May 10, 2014, as Train Day in the state of Michigan.

Whereas, America is celebrating “National Train Day” on May 10, 2014, a commemoration of the completion of America’s first transcontinental railroad; and

Whereas, Federal and state transportation departments have made expansion of high-speed and intercity passenger rail a top priority in building 21st-Century national infrastructure; and

Whereas, Amtrak continues to work with Michigan and other states on the development of the next generation of high-speed and intercity passenger rail trains which will create good jobs in the United States by resurrecting the domestic manufacturing base; and

Whereas, The recent acquisition by the State of Michigan of the track between Dearborn and Kalamazoo, combined with extensive upgrades over the next 2 years, will decrease travel times and increase reliability; and

Whereas, Passenger trains bring people from throughout the Midwest to enjoy Michigan’s scenic attractions, festivals, and sporting events; and

Whereas, 908,878 passengers boarded or disembarked Amtrak trains in Michigan in 2013, an increase of 4% from the year before; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 10, 2014, as Train Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Cavanagh, Dillon, Lamonte, Knezek, Lane, Segal, Barnett, Brown, Driskell, Howrylak, Kowall, LaVoy, Lipton and Slavens offered the following resolution:

House Resolution No. 359.

A resolution to declare May 2014 as Mental Health Awareness Month in the state of Michigan.

Whereas, An estimated 54 million American suffer from some form of mental disorder in a given year; and

Whereas, A mental illness is a disease that causes mild to severe disturbances in thought and/or behavior, resulting in an inability to cope with life’s ordinary demands and routines; and

Whereas, Mental illness can affect persons of any age, race, religion, or income; and

Whereas, The U.S. Surgeon General reports that over 10 percent of children and adolescents in the United States suffer from serious emotional and mental impairments that cause significant functional impairment in their day-to-day lives at home, in school, and with peers; and

Whereas, Approximately 348,000 adults and 112,000 children in Michigan live with serious mental health conditions; and

Whereas, New opportunities have been created through collaborative efforts of family members, professionals, and all levels of government to bring about significant changes in the public perception of young people and adults suffering from mental illness, opening new doors to independent and productive lives; and

Whereas, The Governor’s Commission on Mental Health and Wellness is working to make certain that Michiganders living with mental health conditions can find a great quality of life, safety, and independence; and

Whereas, Mental Health Awareness Month is observed throughout May in the United States. It educates communities about disorders and reduces the stigma that surrounds it. Good mental health is essential to overall health and personal well-being and also contributes to the ability to lead a healthy, balanced, and productive life; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 2014 as Mental Health Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Abed, Darany, Lipton, Rutledge, Dillon, Yanez, Barnett, Brown, Callton, McBroom, Lamonte, Driskell, Cochran, Tlaib, McMillin and Kosowski offered the following resolution:

House Resolution No. 360.

A resolution to memorialize the Congress of the United States to amend the Elementary and Secondary Education Act of 1965, to delete the No Child Left Behind requirement which mandated an increase in tests from six to fourteen.

Whereas, There are many concerns about the negative effects and harm caused by the overuse and misuse of high-stakes standardized testing and questions about the role of the federal government in student testing; and

Whereas, Congress is considering the “Student Testing Improvement and Accountability Act,” H.R. 4172, which would reduce the number of federally-mandated standardized tests from fourteen to six. As the bill states, before the passage of the 2001 federal No Child Left Behind Act, students were required to be tested only once per grade span. The passage of No Child Left Behind increased over-reliance on testing assessments and requires all students to be tested in grades three through eight and once in high school. Less frequent standardized testing would provide more time for classroom instruction, reduce costs associated with testing, and decrease the emphasis on “teaching to the test”; and

Whereas, This bill would mitigate the negative consequences of standardized testing by replacing current annual testing requirements with grade span testing. Furthermore, it would reduce the negative impacts on schools and students brought about by No Child Left Behind; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to amend the Elementary and Secondary Education Act of 1965, to delete the No Child Left Behind requirement which mandated an increase in tests from six to fourteen; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Education.

Reps. Abed, Lipton, Darany, Rutledge, Dillon, Yanez, Barnett, Brown, Callton, McBroom, Lamonte, Driskell, Cochran, Tlaib, McMillin, Kosowski and Howrylak offered the following resolution:

House Resolution No. 361.

A resolution to urge the Congress and the President of the United States to amend the Elementary and Secondary Education Act, as amended by the No Child Left Behind Act of 2001, to allow parents to opt their children out of high-stakes standardized testing without fear that their decision will negatively affect their school’s standing.

Whereas, The federal No Child Left Behind Act requires all students to be tested in grades three through eight and once in high school. Schools must meet a 95 percent test participation rate to avoid being publicly labeled as failing; and

Whereas, There is growing concern among parents about the impact of high-stakes standardized testing, causing them to exercise their constitutional right to opt out their children. If enough parents withhold their students from standardized assessments, participation rate could be affected, hurting a school’s rating, which could result in penalties and sanctions. Parents who question the value of standardized testing should be allowed to decide whether or not their children take part without worry about the ramifications for their children and their school; and

Whereas, The percentage of students who take a test is not indicative of the academic performance of a school. The Elementary and Secondary Education Act should be amended to end the punitive punishment of schools that do not test 95 percent of students due to parents exercising their right to opt their children out of high-stakes testing; now, therefore, be it

Resolved by the House of Representatives, That we urge the Congress and the President of the United States to amend the Elementary and Secondary Education Act to allow parents to opt their children out of high-stakes standardized testing without fear that their decision will negatively affect their school’s standing; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Education.

Reps. Victory, Brown, Driskell, Howrylak, Kowall and LaVoy offered the following resolution:

House Resolution No. 362.

A resolution to commemorate the 100th anniversary of the signing of the Smith Lever Act, the founding legislation of the nationwide Cooperative Extension System.

Whereas, May 8, 2014, marks the centennial of the signing of the Smith-Lever Act (Act of May 8, 1914, Ch. 79, 38 Stat. 372, 7 U.S.C. 341 et seq.), which established Cooperative Extension, the nationwide transformational education system operating through land-grant universities in partnership with federal, state, and local governments; and

Whereas, U.S. Sen. Hoke Smith of Georgia and U.S. Rep. A. F. Lever of South Carolina authored the Smith-Lever Act to expand the “vocational, agricultural and home demonstration programs in rural America” by bringing the research-based knowledge of the land-grant universities to people where they live and work; and

Whereas, Cooperative Extension is a critical component of the three-part land-grant university mission and works collaboratively with research, particularly the Agricultural Experiment Station System, and academic programs in 106 colleges and universities, including historically black, Native American, and Hispanic-serving institutions in all 50 states, the District of Columbia, and six U.S. territories to reach traditional and underserved audiences in all communities; and

Whereas, The Cooperative Extension System continues to receive federal programmatic leadership and support enabled by the Smith Lever Act and other legislation through the U.S. Department of Agriculture’s National Institute of Food and Agriculture; and

Whereas, Cooperative Extension’s research-based education for farmers and ranchers helped establish the United States as a leading agricultural-producing nation in the world; and

Whereas, Since 1924, when the clover emblem was adopted by USDA to represent 4-H, Cooperative Extension’s nationwide youth development program has reached millions of youth and helped prepare them for responsible adulthood; and

Whereas, Cooperative Extension prepares people for healthy, productive lives through sustained education such as the Expanded Food and Nutrition Education Program, breaking the cycle of poverty and reducing expenditures for federal and state assistance programs; and

Whereas Cooperative Extension provides rapid response to disasters and emergencies through the Extension Disaster Education Network and other similar efforts. This system provides real-time alerts and resources so Extension educators can respond to urgent needs resulting from hurricanes, floods, oil spills, fire, drought, pest outbreaks and infectious diseases affecting humans, livestock, and crops; and

Whereas, Cooperative Extension translates science-based research for practical application through local and online learning networks where educators are uniquely available to identify emerging research questions, connect with land-grant university faculty to find answers, and encourage application of findings to improve economic and social conditions; and

Whereas, Cooperative Extension engages with rural and urban learners through practical, community-based, and online approaches, resulting in the acquisition of knowledge, skills, and motivation to strengthen the profitability of animal and plant production systems, protect natural resources, help people make healthful lifestyle choices, ensure a safe and abundant food supply, encourage community vitality, and grow the next generation of leaders; and

Whereas, Many states are celebrating the centennial of the signing of the Smith-Lever Act with resolutions and proclamations and many land-grant institutions also are commemorating the signing of the historic legislation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 100th anniversary of the signing of the Smith Lever Act, the founding legislation of the nationwide Cooperative Extension System. We recognize the significance of the Smith-Lever Act to the establishment of Cooperative Extension nationwide and celebrate millions of youth, adults, families, farmers, ranchers, community leaders, and others who engage in Cooperative Extension learning opportunities designed to extend knowledge and change lives; and be it further

Resolved, That we encourage the people of Michigan to observe and celebrate the centennial with a focus on launching an innovative and sustainable future for Cooperative Extension; and be it further

Resolved, That we honor the university faculty and local educators who dedicate careers to providing trusted education to help people, families, youth, businesses, and communities solve problems, develop skills and build a better future; and be it further

Resolved, That we thank Cooperative Extension volunteers who provide thousands of hours to promote excellence for 4-H, Master Gardeners, family, and consumer sciences and other programs in their communities; and be it further

Resolved, That we encourage continued collaboration and cooperation among federal, state, and local governments to ensure Cooperative Extension’s sustainability as the nation’s premiere nonformal educational network.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Dianda, Brown, Driskell, Kowall and Slavens offered the following resolution:

House Resolution No. 363.

A resolution to declare June 2014 as Log Cabin History Month in the state of Michigan.

Whereas, Michigan is home to a vibrant community of log cabin preservationists and historians belonging to the Log Cabin Society of Michigan who have sponsored Log Cabin Day on the fourth Sunday of each June for the past 28 years; and

Whereas, Log Cabin Day has ignited the interest of thousands of visitors who have made pilgrimages to Michigan’s log cabins at over 100 sites throughout the state; and

Whereas, The Iron County Historical Museum is actively involved in pursuing the stated goals of the Log Cabin Society of Michigan; and

Whereas, The Iron County Historical Museum has painstakingly restored and reassembled no fewer than 17 log structures on its premises in Caspian, Michigan, seven of which are original historical log cabins constructed by Iron County’s earliest pioneers; and

Whereas, The Iron County Historical Museum collection of historical log structures is said by the Log Cabin Society of Michigan to be the largest gathered at any single site in the state and consists of two complexes, a logging camp and an early pioneer homestead; and

Whereas, The dedicated members of the Iron County Historical Museum are proud to make their own extensive exhibits available to visitors throughout the month of June 2014, during which time there will be a series of events to showcase the rich history of Iron County’s founding; and

Whereas, Log cabin preservationists and historians have pledged to maintain and honor the historical significance of these buildings which serve as an important reminder of our shared history, culture, and heritage; and

Whereas, These cultural resources would not be available across the state of Michigan as they are today without the hard work and enthusiasm of log cabin preservationists, including the sponsors and volunteers of local historical societies and the Log Cabin Society of Michigan; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 2014 as Log Cabin History Month in the state of Michigan; and be it further

Resolved, That copies of this resolution be transmitted to Governor Rick Snyder, the Iron County Historical Museum, and the Log Cabin Society of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Rutledge, Barnett, Brown, Driskell, Kowall, LaVoy and Slavens offered the following resolution:

House Resolution No. 364.

A resolution to declare May 2014 as Foster Care Awareness Month in the state of Michigan.

Whereas, There is nothing more precious to Michigan than the healthy growth and development of the young people who will determine the future direction of our state; and

Whereas, The family, serving as the primary source of love, identity, self-esteem, and support, is the very foundation of our communities and our state; and

Whereas, In Michigan, there are more than 13,000 children and youth in the foster care system who are being provided a safe, secure, and stable home environment along with the compassion and nurturing of a foster or relative foster family; and

Whereas, Foster families open their homes and hearts to children whose families are in crisis, thus they play a vital role in helping children and families heal, reconnect, and launch children into successful adulthood; and

Whereas, Dedicated foster families frequently adopt foster children, resulting in a continual need for more foster families; and

Whereas, Foster Care Awareness Month in the state of Michigan is an appropriate opportunity to thank the families who embrace the often thankless responsibility of providing a home and family to children in need of affection, love, and security and to support the efforts of those who dedicate their time to children in and leaving foster care; and

Whereas, The state of Michigan must do more to improve the lives of children in foster care; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 2014 as Foster Care Awareness Month in the state of Michigan. We encourage more citizens to volunteer their time to become a mentor to a child that is in foster care and realize that the state of Michigan must do more to improve the lives of children in foster care.

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5154, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 1, 4, 7, 11a, 11b, and 13 of chapter VI (MCL 766.1, 766.4, 766.7, 766.11a, 766.11b, and 766.13), section 4 as amended by 1994 PA 167, section 11a as added by 2004 PA 20, and section 11b as added by 2007 PA 89.

(The bill was received from the Senate on May 8, with substitute (S-1) and full title inserted, consideration of which, under the rules, was postponed until today, see House Journal No. 43, p. 761.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 221 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Cotter

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5155, entitled

A bill 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 8311 and 8511 (MCL 600.8311 and 600.8511), section 8511 as amended by 2008 PA 95; and to repeal acts and parts of acts.

(The bill was received from the Senate on May 8, with an amendment, consideration of which, under the rules, was postponed until today, see House Journal No. 43, p. 761.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 222 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Cotter

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Third Reading of Bills

House Bill No. 5261, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4bb.

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

Roll Call No. 223 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Cotter

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. 5476, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending section 11 (MCL 460.11), as added by 2008 PA 286.

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

Roll Call No. 224 Yeas—104

Abed Geiss Lamonte Rendon

Banks Genetski Lane Roberts

Barnett Glardon Lauwers Rogers

Bolger Goike LaVoy Rutledge

Brinks Graves Leonard Schmidt

Brown Greimel Lori Schor

Brunner Haines Lund Segal

Bumstead Haugh Lyons Shirkey

Callton Haveman MacGregor Singh

Cavanagh Heise MacMaster Slavens

Clemente Hobbs McBroom Smiley

Cochran Hooker McCann Somerville

Cotter Hovey-Wright McCready Stallworth

Crawford Howrylak Muxlow Stamas

Daley Jacobsen Nathan Stanley

Darany Jenkins Nesbitt Switalski

Denby Johnson O’Brien Talabi

Dianda Kandrevas Oakes Tlaib

Dillon Kelly Outman Townsend

Driskell Kesto Pagel VerHeulen

Durhal Kivela Pettalia Victory

Faris Knezek Phelps Walsh

Farrington Kosowski Poleski Yanez

Forlini Kowall Potvin Yonker

Foster Kurtz Price Zemke

Franz LaFontaine Pscholka Zorn

Nays—6

Irwin McMillin Robinson Santana

Lipton Olumba

In The Chair: Cotter

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.

Senate Bill No. 749, entitled

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

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

Roll Call No. 225 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Cotter

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“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,”

The House agreed to the full title.

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

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

Senate Bill No. 862, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 531 (MCL 436.1531), as amended by 2013 PA 237.

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

Roll Call No. 226 Yeas—105

Abed Genetski LaVoy Roberts

Banks Glardon Leonard Rogers

Barnett Goike Lipton Rutledge

Bolger Graves Lori Santana

Brinks Greimel Lund Schmidt

Brown Haines Lyons Schor

Brunner Haugh MacGregor Segal

Bumstead Haveman MacMaster Shirkey

Callton Heise McBroom Singh

Cavanagh Hobbs McCann Slavens

Clemente Hovey-Wright McCready Smiley

Cochran Irwin McMillin Somerville

Cotter Jacobsen Muxlow Stallworth

Crawford Jenkins Nathan Stamas

Daley Johnson Nesbitt Stanley

Darany Kandrevas O’Brien Switalski

Denby Kelly Oakes Talabi

Dianda Kesto Olumba Tlaib

Dillon Kivela Outman Townsend

Driskell Knezek Pagel VerHeulen

Durhal Kosowski Pettalia Victory

Faris Kowall Phelps Walsh

Farrington LaFontaine Poleski Yanez

Forlini Lamonte Potvin Yonker

Foster Lane Pscholka Zemke

Franz Lauwers Rendon Zorn

Geiss

Nays—5

Hooker Kurtz Price Robinson

Howrylak

In The Chair: Cotter

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“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,”

The House agreed to the full title.

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

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

Senate Bill No. 546, 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 sections 2, 3, 4, 5, 7, 9, 10, 10a, 10c, 11, 14, 15, and 16 (MCL 397.202, 397.203, 397.204, 397.205, 397.207, 397.209, 397.210, 397.210a, 397.210c, 397.211, 397.214, 397.215, and 397.216), section 2 as amended by 2000 PA 99, sections 10, 10a, and 10c as amended by 1994 PA 81, section 11 as amended by 2002 PA 160, and sections 14 and 16 as amended and section 15 as added by 1984 PA 128.

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

Roll Call No. 227 Yeas—110

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski Lauwers

Nays—0

In The Chair: Cotter

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Joint Resolution M, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 7 of article VIII, to require each public community and junior college to consider active duty members and honorably discharged veterans of the armed forces as residents of that college’s district for determining their tuition rates.

The joint resolution was read a second time.

Rep. Faris moved to amend the joint resolution as follows:

1. Amend page 2, line 21, after “STATES.” by inserting “THE LEGISLATURE SHALL PROVIDE AN ANNUAL APPROPRIATION FOR ANY REDUCTION IN TUITION RECEIVED BY THE COMMUNITY COLLEGE AS A RESULT OF COMPLYING WITH THIS SUBSECTION.”.

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

Rep. Knezek moved that the joint resolution be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 574, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78 (MCL 211.78), as amended by 2008 PA 512.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 612, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1108 (MCL 339.1108), as amended by 1988 PA 463.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Regulatory Reform (for amendment, see House Journal No. 27, p. 345),

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

Rep. Crawford moved to amend the bill as follows:

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

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5396 of the 97th Legislature is enacted into law.”.

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

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

The motion prevailed.

House Bill No. 5375, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20109 and 21715 (MCL 333.20109 and 333.21715), section 20109 as amended by 1996 PA 224.

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

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. 5376, entitled

A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 102 (MCL 450.4102), as amended by 2012 PA 568.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5389, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21794.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5451, entitled

A bill to provide for tuition assistance at certain educational institutions for Michigan national guard members; and to prescribe duties for certain state officials.

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

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

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

The motion prevailed.

House Joint Resolution N, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 5 and 6 of article VIII, to require public universities to consider certain veterans of the armed forces residents of this state for determining their tuition rates.

The joint resolution was read a second time.

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

The motion prevailed.

House Bill No. 5377, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 109 (MCL 450.1109), as amended by 2012 PA 569.

The bill was read a second time.

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, May 9:

House Bill Nos. 5552 5553 5554 5555 5556 5557 5558 5559 5560 5561 5562 5563 5564 5565

5566 5567 5568 5569 5570 5571 5572 5573 5574 5575

Senate Bill Nos. 993 994

The Clerk announced that the following Senate bills had been received on Tuesday, May 13:

Senate Bill Nos. 481 484 704 715 904

Reports of Standing Committees

The Committee on Health Policy, by Rep. Callton, Vice-Chair, reported

House Bill No. 5247, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 12522 (MCL 333.12522).

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. Callton, Crawford, Genetski, Shirkey, Foster, Hooker, Yonker, Zorn, Graves, Kesto, Howrylak, Darany, Knezek, Segal, Brinks, Cavanagh and Phelps

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Callton, Vice-Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Tuesday, May 13, 2014

Present: Reps. Callton, Crawford, Genetski, Shirkey, Foster, Hooker, Yonker, Zorn, Graves, Kesto, Howrylak, Darany, Knezek, Segal, Brinks, Cavanagh and Phelps

Absent: Reps. Haines and Stallworth

Excused: Reps. Haines and Stallworth

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

House Bill No. 4916, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 682d.

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. Schmidt, Glardon, Daley, 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

House Bill No. 4985, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 89.

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, Daley, 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: Tuesday, May 13, 2014

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

Absent: Reps. Heise and McCready

Excused: Reps. Heise and McCready

The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported

House Bill No. 4874, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11708 and 11715 (MCL 324.11708 and 324.11715), section 11708 as amended by 2004 PA 381 and section 11715 as amended by 2012 PA 41.

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. LaFontaine, Rendon, Goike, Johnson, McBroom, Victory, Dianda and Kivela

Nays: Rep. Smiley

The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported

House Bill No. 5361, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40111 and 81133 (MCL 324.40111 and 324.81133), section 40111 as amended by 2012 PA 340 and section 81133 as amended by 2013 PA 249.

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. LaFontaine, Rendon, Goike, Johnson, Victory, Smiley, Dianda and Kivela

Nays: None

The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported

Senate Bill No. 759, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 42501 (MCL 324.42501), as amended by 2004 PA 325.

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. LaFontaine, Rendon, Goike, Johnson, Victory, Smiley, Dianda and Kivela

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaFontaine, Chair, of the Committee on Natural Resources, was received and read:

Meeting held on: Tuesday, May 13, 2014

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 13, 2014

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

Absent: Reps. Shirkey and Nathan

Excused: Reps. Shirkey and Nathan

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 13, 2014

Present: Reps. McMillin, Kelly, O’Brien, Leonard, Howrylak, Townsend, Robinson and Phelps

Reports of Special Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Walsh, Chair, of the Committee on Detroit’s Recovery and Michigan’s Future, was received and read:

Meeting held on: Tuesday, May 13, 2014

Present: Reps. Walsh, Poleski, McCready, Stallworth and Santana

Messages from the Senate

Senate Bill No. 481, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” (MCL 339.101 to 339.2919) by adding section 205a; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 484, entitled

A bill to amend 1979 PA 152, entitled “State license fee act,” by repealing section 29 (MCL 338.2229).

The Senate has passed the bill.

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

Senate Bill No. 704, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16233, 16241, 17702, 17704, 17706, 17707, 17709, 17742, and 17748 (MCL 333.16233, 333.16241, 333.17702, 333.17704, 333.17706, 333.17707, 333.17709, 333.17742, and 333.17748), sections 16233 and 16241 as amended by 2013 PA 268, section 17702 as amended by 2012 PA 209, section 17706 as amended by 1986 PA 304, section 17707 as amended by 1990 PA 333, section 17709 as amended by 2006 PA 672, section 17742 as added by 1987 PA 250, and section 17748 as amended by 1988 PA 462, and by adding sections 17748a, 17748b, 17748c, and 17748d.

The Senate has passed the bill.

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

Senate Bill No. 715, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 22A.

The Senate has passed the bill.

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

Senate Bill No. 904, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2012 PA 513.

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 760.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 762.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 763.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 764.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 765.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 766.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 767.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 768.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 769.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 770.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 771.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 772.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 773.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 774.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 775.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 776.

Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 777.

Rep. Haveman

Explanation of “No” Votes

Rep. Schor, having reserved the right to explain his protest against the passage of House Bill No. 4977, made the following statement:

“Mr. Speaker and members of the House:

I opposed HB 4997 because I had some serious concerns about exempting e-cigarettes from tobacco law. Defining e-cigarettes as ‘vapor products’ rather than ‘tobacco products’ exempts e-cigarettes from laws regarding the illegal sale of tobacco products to children.

I agree with the bill sponsor intent that the sale of electronic cigarettes to children should be prohibited, but I believe that electronic cigarette laws should be part of current tobacco product laws, not circumvent them.

Forty Attorneys General from across the country, including Michigan Attorney General Bill Schuette, submitted a letter to the FDA on September 24, 2013, calling on them ‘to regulate electronic cigarettes as “tobacco products”…..as they are products “made or derived from tobacco”’. On April 24th of this year, the Food and Drug Administration (FDA) released the highly-anticipated proposed deeming rule exerting its authority to regulate additional tobacco products. This recent action by FDA regulates all tobacco products, including e-cigarettes by prohibiting sales of these products to those under 18 and requiring manufacturers to disclosure their ingredients to the FDA.

I have serious concerns about the potential public health effects of e-cigarettes. Significant additional research is needed on these products and how they are used, and until then, Michigan ought to treat e-cigarettes like all other tobacco products. Unfortunately, this bill does not do that.”

Introduction of Bills

Rep. Haveman introduced

House Bill No. 5576, entitled

A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending section 10 (MCL 423.240).

The bill was read a first time by its title and referred to the Committee on Detroit’s Recovery and Michigan’s Future.

______

Rep. Nesbitt moved that the House adjourn.

The motion prevailed, the time being 3:40 p.m.

Associate Speaker Pro Tempore Cotter declared the House adjourned until Wednesday, May 14, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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