No. 54

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Tuesday, June 4, 2013.

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 Lauwers—present Roberts—present

Banks—present Goike—present LaVoy—present Robinson—present

Barnett—present Graves—present Leonard—present Rogers—present

Bolger—present Greimel—present Lipton—present Rutledge—present

Brinks—present Haines—present Lori—present Santana—present

Brown—present Haugh—present Lund—present Schmidt—present

Brunner—present Haveman—present Lyons—present Schor—present

Bumstead—present Heise—present MacGregor—present Segal—present

Callton—present Hobbs—present MacMaster—present Shirkey—present

Cavanagh—present Hooker—present McBroom—present Singh—present

Clemente—present Hovey-Wright—present McCann—present Slavens—present

Cochran—present Howrylak—present McCready—present Smiley—present

Cotter—present Irwin—present McMillin—present Somerville—present

Crawford—present Jacobsen—present Muxlow—present Stallworth—present

Daley—present Jenkins—present Nathan—present Stamas—present

Darany—present Johnson—present Nesbitt—present Stanley—present

Denby—present Kandrevas—present O’Brien—present Switalski—present

Dianda—present Kelly—present Oakes—present Talabi—present

Dillon—present Kesto—present Olumba—present Tlaib—present

Driskell—present Kivela—present Outman—present Townsend—present

Durhal—present Knezek—present Pagel—present VerHeulen—present

Faris—present Kosowski—present Pettalia—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

e/d/s = entered during session

Rep. Kenneth Kurtz, from the 58th District, offered the following invocation:

“Heavenly Father,

In a world that knows of hunger, we are reminded of the bounty we possess.

In a world that knows of war, we are thankful for the peace we know.

In a world that knows of loneliness, we are grateful for family and friends.

In a world that knows of hopelessness, we are blest to know You.

Bless this our assembly together today as we do the diligent work as members of this legislature. May we respect the dignity of others, may we be wise in our spoken words and actions. May we treat one another with the same measure we ourselves would desire.

Bless the homes that are represented by each member for many of us have cares and burdens we cannot share. Bless the homes and businesses, the schools, the places of employment, the hospitals and care homes of our communities. Bless those who protect our homes and property.

As we today are mindful of our business at hand, may we also remember that it is truly Your business that we are to care for. You are creator, You are sustainer, You are provider and You offer to all who seek You, wisdom, forgiveness, mercy and eternal life.

For today we give You Thanks.

In Jesus Name I pray,

Amen.”

Motions and Resolutions

Reps. Dianda, Kivela, Brown, Darany, Durhal, Howrylak, Kelly, Singh, Slavens and Talabi offered the following resolution:

House Resolution No. 162.

A resolution to declare July 6, 2013, as Frisbee Day in the state of Michigan.

Whereas, The sport of Guts Frisbee and the Coca-Cola International Frisbee Tournament had their beginnings in the State of Michigan; and

Whereas, The International Frisbee and USA Guts Hall of Fame is located in Calumet, Michigan; and

Whereas, The 56th International Frisbee Tournament is being held the weekend of July 6-7, 2013, in Calumet; and

Whereas, Teams from all across the state—the Keweenaw Peninsula, Marquette, Tri-Cities, Lansing, and metro Detroit—have succeeded in numerous frisbee tournaments over the years; and

Whereas, Frisbee players in Michigan have continued to help grow the sport among Michigan youth, and they strongly support and contribute to the Hall of Fame; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare July 6, 2013, as Frisbee Day in the state of Michigan; and be it further

Resolved, That copies of this resolution be transmitted to Calumet Township and Main Street Calumet.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Schor, Brown, Darany, Durhal, Geiss, Kelly, Lori, Singh, Slavens and Talabi offered the following resolution:

House Resolution No. 163.

A resolution to declare October 2013 as Microenterprise Month in the state of Michigan.

Whereas, Microbusinesses, small businesses with five or fewer employees, comprise over 17 percent of Michigan’s employment and provide jobs for 969,584 people; and

Whereas, Microenterprise development produces employment and business opportunities through all economic cycles, growing from 678,230 to 760,728 total microbusinesses in Michigan between 2002 and 2008 ; and

Whereas, Women entrepreneurs make up 69 percent of those benefiting from microenterprise development in Michigan; and

Whereas, Michigan recognizes that microbusinesses stabilize the economies of Michigan communities by providing local ownership and homegrown products and services; and

Whereas, Michigan recognizes that microenterprise training propels people out of poverty and into economic growth; and

Whereas, Michigan recognizes the contributions of microentrepreneurs who come from diverse cultures and backgrounds to live the American dream of owning their own businesses; and

Whereas, Michigan treasures the social, economic, and environmental contributions of its microbusinesses; and

Whereas, Michigan recognizes the importance of development, training, business counseling, and accessible credit to the success of microbusinesses; and

Whereas, Microenterprise development is an essential component of every community hoping to inspire and promote entrepreneurship; and

Whereas, Michigan communities can stimulate growth and successful entrepreneurship by fostering microenterprise development and by working together to promote outreach, advocacy, and education encouraging the growth of microenterprise opportunities for Michigan citizens; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 2013 as Microenterprise Month in the state of Michigan.

The resolution was referred to the Committee on Commerce.

Reps. Daley, Lauwers, Rendon, Kurtz, Goike, Muxlow, McBroom, O’Brien, Lund, Forlini, Durhal and Kowall offered the following resolution:

House Resolution No. 164.

A resolution to memorialize the Congress of the United States to terminate the National Flood Insurance Program.

Whereas, The National Flood Insurance Program (NFIP) compels homeowners to purchase flood insurance if their home is in a mapped floodplain. Banks and other lenders are required to make homeowners purchase flood insurance as a condition of receiving and maintaining most mortgages or other home loans; and

Whereas, The residents of Michigan and other states with lower flood risks receive few benefits from the NFIP relative to its costs, but cannot opt out of the coverage. Instead, the premiums collected from residents in these states subsidize the continued rebuilding and repair of homes in regions of the country with a long history of significant flooding; and

Whereas, Flood insurance requirements can be an unexpected and expensive additional cost for families already struggling to make ends meet. New or updated floodplain maps may indicate that homes previously not considered to be in the floodplain now have a high flood risk. Homeowners who never had to purchase flood insurance in the past, never had flooding problems, and never budgeted for this additional expense, then have to purchase flood insurance or risk losing their homes; and

Whereas, Current congressional legislation (H.R. 1194) would relieve homeowners of the obligation to purchase flood insurance by eliminating the NFIP. Instead, states with similar flood risks could choose to work together to provide an appropriate flood insurance program for their residents; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to terminate the National Flood Insurance Program; 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 Insurance.

Reps. Tlaib, Roberts, Brown, Darany, Durhal, Geiss, Kelly, Lori, Slavens and Talabi offered the following resolution:

House Resolution No. 165.

A resolution to declare July 28, 2013, as Viral Hepatitis Awareness Day in the state of Michigan.

Whereas, Liver cancer and liver disease related to hepatitis B and hepatitis C are among the leading killers in Michigan; and

Whereas, Hepatitis C is the most prevalent blood borne disease in the United States; and

Whereas, Early detection of hepatitis B or hepatitis C infection promotes effective management or treatment of these infections, preventing disability, loss of productivity and income, and allows persons to live full, satisfying, and productive lives; and

Whereas, Undetected and untreated hepatitis B or hepatitis C infection can lead to disability or death; and

Whereas, The majority of Michigan residents with chronic hepatitis C infection do not know they are infected and are therefore at high risk of severe liver disease, liver cancer, or liver failure; and

Whereas, The majority of the estimated Michigan residents with hepatitis B infection do not know that they are infected and are therefore at high risk of severe liver disease, liver cancer, or liver failure; and

Whereas, Untreated hepatitis B and hepatitis C are leading causes of liver failure requiring a liver transplant; and

Whereas, There is a vaccine for the prevention of hepatitis B, the first proven, low-cost vaccination against any form of cancer made available to Americans; and

Whereas, Hepatitis awareness education campaigns and accessible screening for hepatitis B and hepatitis C, along with appropriate treatment, can reduce the damage from hepatitis B and hepatitis C viral infection to individuals and to our community, financially as well as physically and emotionally; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare July 28, 2013, as Viral Hepatitis Awareness Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Knezek, Kelly, Schor, Slavens, Kosowski, Barnett, Brinks, Hobbs, Stallworth, Lamonte, Abed, Darany, Roberts, Kivela, LaVoy, Dianda, Talabi, Faris, Smiley, Yanez, Dillon, Driskell, Cochran, Geiss, Stanley, Segal, Hovey-Wright, Lipton, Cavanagh, Irwin, Tlaib, Haugh, Nathan, Robinson, Singh, Leonard, Pagel, Price, LaFontaine, Oakes, Brown, Cotter, Crawford, Durhal, Heise, Howrylak and Lori offered the following resolution:

House Resolution No. 166.

A resolution to recognize and honor Jeralean Talley of Inkster, Michigan, who became the oldest person living in the United States on March 21, 2013.

Whereas, Jeralean Talley was born on May 23, 1899, in Montrose, Georgia and moved to Michigan in 1935; and

Whereas, After verifying the names of Jeralean’s parents and siblings in the 1900 Census, the Gerontology Research Group, which keeps a list of the world’s oldest people, was able to confirm her date of birth; and

Whereas, Jeralean is 113 years old and has become the third oldest person in the world; and

Whereas, Jeralean has outlived the national average life expectancy of 78.7 years to reach the milestone of supercentenarian, a person who is 110 or older. Approximately 1 in 5 million people living in the United States becomes a supercentenarian experts say; and

Whereas, Several of Jeralean’s 11 siblings lived well into their 90s, according to Thelma Holloway, who is 75 years old and Jeralean’s only child; and

Whereas, Jeralean cares deeply for others and is willing to aide her community whenever she can. Such a spirit is most welcome in our society today as it has been for all of her 113 years; and

Whereas, This milestone is certainly a time of celebration for her family and friends and one which offers us an opportunity to gratefully recognize the contributions of one of our state’s outstanding citizens; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize and honor Jeralean Talley on becoming the oldest person living in the United States; and be it further

Resolved, That copies of this resolution be transmitted to Governor Rick Snyder and State Senator Tupac Hunter.

The question being on the adoption of the resolution,

Rep. Knezek moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 166.

A resolution to recognize and honor Jeralean Talley of Inkster, Michigan, who became the oldest person living in the United States on March 21, 2013.

Whereas, Jeralean Talley was born on May 23, 1899, in Montrose, Georgia and moved to Michigan in 1935; and

Whereas, Jeralean is 114 years old and has become the third oldest person in the world; and

Whereas, Several of Jeralean’s 11 siblings lived well into their 90s, according to Thelma Holloway, who is 75 years old and Jeralean’s only child; and

Whereas, Jeralean cares deeply for others and is willing to aide her community whenever she can. Such a spirit is most welcome in our society today as it has been for all of her 114 years; and

Resolved by the House of Representatives, That the members of this legislative body recognize and honor Jeralean Talley on becoming the oldest person living in the United States; and be it further

Resolved, That copies of this resolution be transmitted to Governor Rick Snyder and State Senator Tupac Hunter.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. McCready, Brown, Cotter, Crawford, Darany, Durhal, Faris, Geiss, Heise, Howrylak, Kelly, Kowall, Lori, Roberts, Slavens and Talabi offered the following resolution:

House Resolution No. 167.

A resolution to declare June 2, 2013, as Childhood Cancer Survivors Day in the state of Michigan.

Whereas, Today, over 250,000 Americans are survivors of childhood cancer. Most children survive thanks to advances in early cancer detection, treatment, and research; and

Whereas, Children’s Hospital of Michigan, the oldest and largest hospital caring for the children of Michigan, has an active and productive cancer survivor population. This demonstrates that a cancer diagnosis is no longer an automatic death sentence; and

Whereas, In addition to Childhood Cancer Survivors Day, communities all across America will be celebrating life Sunday, June 2, 2013, as part of the world’s largest cancer survivor event, the 26th annual National Cancer Survivors Day; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body declare June 2, 2013, as Childhood Cancer Survivors Day in the state of Michigan. We urge all citizens to join in this joyous celebration of life; and be it further

Resolved, That a copy of this resolution be transmitted to Children’s Hospital of Michigan as evidence of our support for their endeavors.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4171, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 24a, 30g, 307, 308, 323, 347, 355, 426c, 426f, 426l, 792, 806, 809, 822, 823, 826, 866, 867, and 868 (MCL 168.24a, 168.30g, 168.307, 168.308, 168.323, 168.347, 168.355, 168.426c, 168.426f, 168.426l, 168.792, 168.806, 168.809, 168.822, 168.823, 168.826, 168.866, 168.867, and 168.868), section 24a as amended by 2012 PA 586, section 307 as amended by 2010 PA 55, section 308 as added by 2003 PA 302, section 426f as amended by 1990 PA 32, sections 809 and 868 as amended by 1995 PA 261, section 826 as amended by 2003 PA 119, section 866 as amended by 2010 PA 53, and section 867 as amended by 1980 PA 200; and to repeal acts and parts of acts.

(The bill was received from the Senate on May 28, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 29, see House Journal No. 51, p. 1102.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 185 Yeas—109

Abed Glardon Lauwers Roberts

Banks Goike LaVoy Robinson

Barnett Graves Leonard Rogers

Bolger Greimel Lipton Rutledge

Brinks Haines Lori Santana

Brown Haugh Lund Schmidt

Brunner Haveman Lyons Schor

Bumstead Heise MacGregor Segal

Callton Hobbs MacMaster Shirkey

Cavanagh Hooker McBroom Singh

Clemente Hovey-Wright McCann Slavens

Cochran Howrylak McCready Smiley

Cotter Irwin McMillin Somerville

Crawford Jacobsen Muxlow Stallworth

Daley Jenkins Nathan Stamas

Darany Johnson Nesbitt Stanley

Denby Kandrevas O’Brien Switalski

Dianda Kelly Oakes Talabi

Dillon Kesto Olumba Tlaib

Driskell Kivela Outman Townsend

Durhal Knezek Pagel VerHeulen

Faris Kosowski Pettalia Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Genetski

Nays—0

In The Chair: Walsh

The House agreed to the title as amended.

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

Third Reading of Bills

House Bill No. 4646, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 23d, 29, and 44 of chapter X (MCL 710.23d, 710.29, and 710.44), section 23d as amended by 2004 PA 487 and sections 29 and 44 as amended by 1996 PA 409.

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

Roll Call No. 186 Yeas—100

Abed Geiss LaFontaine Rendon

Banks Genetski Lamonte Rogers

Barnett Glardon Lane Rutledge

Bolger Goike Lauwers Santana

Brinks Graves LaVoy Schmidt

Brown Greimel Leonard Schor

Brunner Haines Lori Segal

Bumstead Haugh Lund Shirkey

Callton Haveman Lyons Singh

Cavanagh Heise MacGregor Slavens

Clemente Hobbs MacMaster Smiley

Cochran Hooker McBroom Somerville

Cotter Hovey-Wright McCann Stallworth

Crawford Howrylak McCready Stamas

Daley Jacobsen Muxlow Stanley

Darany Jenkins Nesbitt Switalski

Denby Johnson O’Brien Talabi

Dianda Kandrevas Oakes Townsend

Dillon Kelly Outman VerHeulen

Driskell Kesto Pagel Victory

Durhal Kivela Pettalia Walsh

Farrington Knezek Poleski Yanez

Forlini Kosowski Potvin Yonker

Foster Kowall Price Zemke

Franz Kurtz Pscholka Zorn

Nays—9

Faris McMillin Olumba Robinson

Irwin Nathan Roberts Tlaib

Lipton

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. 4647, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 56 of chapter X (MCL 710.56), as amended by 2004 PA 487.

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

Roll Call No. 187 Yeas—103

Abed Geiss Lamonte Rogers

Banks Genetski Lane Rutledge

Barnett Glardon Lauwers Santana

Bolger Goike LaVoy Schmidt

Brinks Graves Leonard Schor

Brown Greimel Lori Segal

Brunner Haines Lund Shirkey

Bumstead Haugh Lyons Singh

Callton Haveman MacGregor Slavens

Cavanagh Heise MacMaster Smiley

Clemente Hobbs McBroom Somerville

Cochran Hooker McCann Stallworth

Cotter Hovey-Wright McCready Stamas

Crawford Irwin Muxlow Stanley

Daley Jacobsen Nesbitt Switalski

Darany Jenkins O’Brien Talabi

Denby Johnson Oakes Tlaib

Dianda Kandrevas Outman Townsend

Dillon Kelly Pagel VerHeulen

Driskell Kesto Pettalia Victory

Durhal Kivela Poleski Walsh

Faris Knezek Potvin Yanez

Farrington Kosowski Price Yonker

Forlini Kowall Pscholka Zemke

Foster Kurtz Rendon Zorn

Franz LaFontaine Roberts

Nays—6

Howrylak McMillin Olumba Robinson

Lipton Nathan

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. 4648, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 39 of chapter X (MCL 710.39), as amended by 1998 PA 94.

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

Roll Call No. 188 Yeas—98

Abed Genetski Lane Roberts

Banks Glardon Lauwers Rogers

Barnett Goike LaVoy Rutledge

Bolger Graves Leonard Santana

Brinks Greimel Lori Schmidt

Brown Haines Lund Schor

Brunner Haugh Lyons Segal

Bumstead Haveman MacGregor Shirkey

Callton Heise MacMaster Slavens

Cavanagh Hobbs McBroom Smiley

Clemente Hooker McCann Somerville

Cochran Hovey-Wright McCready Stamas

Cotter Jacobsen Muxlow Stanley

Crawford Jenkins Nesbitt Switalski

Daley Johnson O’Brien Talabi

Darany Kandrevas Oakes Tlaib

Denby Kelly Outman Townsend

Dianda Kesto Pagel VerHeulen

Dillon Kivela Pettalia Victory

Driskell Knezek Poleski Walsh

Durhal Kosowski Potvin Yanez

Farrington Kowall Price Yonker

Forlini Kurtz Pscholka Zemke

Foster LaFontaine Rendon Zorn

Franz Lamonte

Nays—11

Faris Irwin Nathan Singh

Geiss Lipton Olumba Stallworth

Howrylak McMillin 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. 4659, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 2892, 2892a, 2892b, 2892c, 2892d, and 2892e.

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

Roll Call No. 189 Yeas—99

Abed Genetski Lane Rogers

Banks Glardon Lauwers Rutledge

Barnett Goike LaVoy Santana

Bolger Graves Leonard Schmidt

Brinks Greimel Lori Schor

Brown Haines Lund Segal

Brunner Haugh Lyons Shirkey

Bumstead Haveman MacGregor Slavens

Callton Heise MacMaster Smiley

Cavanagh Hobbs McBroom Somerville

Clemente Hooker McCann Stallworth

Cochran Hovey-Wright McCready Stamas

Cotter Jacobsen Muxlow Stanley

Crawford Jenkins Nesbitt Switalski

Daley Johnson O’Brien Talabi

Darany Kandrevas Oakes Tlaib

Denby Kelly Outman Townsend

Dianda Kesto Pagel VerHeulen

Dillon Kivela Pettalia Victory

Driskell Knezek Poleski Walsh

Durhal Kosowski Potvin Yanez

Farrington Kowall Price Yonker

Forlini Kurtz Pscholka Zemke

Foster LaFontaine Rendon Zorn

Franz Lamonte Roberts

Nays—10

Faris Irwin Nathan Robinson

Geiss Lipton Olumba Singh

Howrylak McMillin

In The Chair: Walsh

The question being on agreeing to the title of the bill,

Rep. Stamas moved to amend the title to read as follows:

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2805 (MCL 333.2805), as amended by 1996 PA 307, and by adding sections 2892, 2892a, 2892b, 2892c, 2892d, and 2892e.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Geiss, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

This bill provides insufficient notification of the pregnancy and birth of a child to the father. The bill states, ‘A man who has engaged in sexual intercourse with a woman is considered to be on legal notice that a child may be conceived and the man is entitled to all legal rights and obligations as a result. Lack of knowledge of the pregnancy does not excuse failure to register in a timely manner.’

How is it right that a mother can seek child support from the father of a child, but in the case of an adoption, the father has very limited rights and knowledge of a potential adoption of their child? This is inconsistent. I believe that mothers have rights, and so too, do the fathers of children. Simply having intercourse is not sufficient notification that a child has been conceived and born.

As we discuss equal rights for all genders in society, we must focus on the rights of women AND men. This bill strips the rights of fathers to choose to take care of their biological offspring, simply because they did not know that they had a childs. The responsibility to identify the true father is on the mother of the child and the adoptive parents, within reasonable constraints. This bill is seriously flawed because it does not provide reasonable assurances that a father is adequately notified prior to the transfer of their parental rights.”

House Bill No. 4660, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 22, 31, and 36 of chapter X (MCL 710.22, 710.31, and 710.36), section 22 as amended by 2004 PA 487, section 31 as amended by 1994 PA 373, and section 36 as amended by 1996 PA 409.

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

Roll Call No. 190 Yeas—97

Abed Franz LaFontaine Pscholka

Banks Genetski Lamonte Rendon

Barnett Glardon Lane Rogers

Bolger Goike Lauwers Rutledge

Brinks Graves LaVoy Santana

Brown Greimel Leonard Schmidt

Brunner Haines Lori Schor

Bumstead Haugh Lund Segal

Callton Haveman Lyons Shirkey

Cavanagh Heise MacGregor Slavens

Clemente Hobbs MacMaster Smiley

Cochran Hooker McBroom Somerville

Cotter Hovey-Wright McCann Stamas

Crawford Jacobsen McCready Stanley

Daley Jenkins Muxlow Switalski

Darany Johnson Nesbitt Talabi

Denby Kandrevas O’Brien Townsend

Dianda Kelly Oakes VerHeulen

Dillon Kesto Outman Victory

Driskell Kivela Pagel Walsh

Durhal Knezek Pettalia Yanez

Faris Kosowski Poleski Yonker

Farrington Kowall Potvin Zemke

Forlini Kurtz Price Zorn

Foster

Nays—12

Geiss Lipton Olumba Singh

Howrylak McMillin Roberts Stallworth

Irwin Nathan Robinson Tlaib

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. 4661, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 33 of chapter X (MCL 710.33).

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

Roll Call No. 191 Yeas—96

Abed Franz LaFontaine Pscholka

Banks Genetski Lamonte Rendon

Barnett Glardon Lane Rogers

Bolger Goike Lauwers Rutledge

Brinks Graves LaVoy Santana

Brown Greimel Leonard Schmidt

Brunner Haines Lori Schor

Bumstead Haugh Lund Segal

Callton Haveman Lyons Shirkey

Cavanagh Heise MacGregor Slavens

Clemente Hobbs MacMaster Smiley

Cochran Hooker McBroom Somerville

Cotter Hovey-Wright McCann Stamas

Crawford Jacobsen McCready Stanley

Daley Jenkins Muxlow Switalski

Darany Johnson Nesbitt Talabi

Denby Kandrevas O’Brien Townsend

Dianda Kelly Oakes VerHeulen

Dillon Kesto Outman Victory

Driskell Kivela Pagel Walsh

Durhal Knezek Pettalia Yanez

Farrington Kosowski Poleski Yonker

Forlini Kowall Potvin Zemke

Foster Kurtz Price Zorn

Nays—13

Faris Lipton Olumba Singh

Geiss McMillin Roberts Stallworth

Howrylak Nathan Robinson Tlaib

Irwin

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. 4662, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 37 of chapter X (MCL 710.37).

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

Roll Call No. 192 Yeas—96

Abed Franz LaFontaine Pscholka

Banks Genetski Lamonte Rendon

Barnett Glardon Lane Rogers

Bolger Goike Lauwers Rutledge

Brinks Graves LaVoy Santana

Brown Greimel Leonard Schmidt

Brunner Haines Lori Schor

Bumstead Haugh Lund Segal

Callton Haveman Lyons Shirkey

Cavanagh Heise MacGregor Slavens

Clemente Hobbs MacMaster Smiley

Cochran Hooker McBroom Somerville

Cotter Hovey-Wright McCann Stamas

Crawford Jacobsen McCready Stanley

Daley Jenkins Muxlow Switalski

Darany Johnson Nesbitt Talabi

Denby Kandrevas O’Brien Townsend

Dianda Kelly Oakes VerHeulen

Dillon Kesto Outman Victory

Driskell Kivela Pagel Walsh

Durhal Knezek Pettalia Yanez

Farrington Kosowski Poleski Yonker

Forlini Kowall Potvin Zemke

Foster Kurtz Price Zorn

Nays—13

Faris Lipton Olumba Singh

Geiss McMillin Roberts Stallworth

Howrylak Nathan Robinson Tlaib

Irwin

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4732, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 2a and 10 (MCL 125.1502a and 125.1510), section 2a as amended by 2012 PA 103 and section 10 as amended by 1999 PA 245.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4355, entitled

A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 57 (MCL 559.157).

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

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

Rep. Clemente moved to amend the bill as follows:

1. Amend page 2, line 8, after “VOTE” by striking out “IN ACCORDANCE WITH” and inserting “OF A MAJORITY OF ITS MEMBERS BY ANY MEANS PERMITTED UNDER”.

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

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

The motion prevailed.

House Bill No. 4704, entitled

A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” by amending sections 16 and 18 (MCL 141.436 and 141.438), as amended by 2000 PA 493.

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

The substitute (H-1) 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.

______

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 Thursday, May 30:

House Bill Nos. 4792 4793 4794 4795 4796 4797 4798

The Clerk announced the enrollment printing and presentation to the Governor on Friday, May 31, for his approval of the following bills:

Enrolled House Bill No. 4127 at 1:44 p.m.

Enrolled House Bill No. 4169 at 1:46 p.m.

Enrolled House Bill No. 4170 at 1:48 p.m.

Enrolled House Bill No. 4705 at 1:50 p.m.

The Clerk announced that the following Senate bill had been received on Tuesday, June 4:

Senate Bill No. 265

Reports of Select Committees

House Bill No. 4328, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2014 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

(For text of conference report, see House Journal No. 51, p. 891.)

The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.

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

Reports of Standing Committees

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

House Bill No. 4768, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 3109e.

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. Crawford, McBroom, Denby, McMillin, LaFontaine, Rendon, Yonker, Kelly, Kesto, Haugh, Dianda and Nathan

Nays: Reps. Abed and Schor

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Crawford, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Tuesday, June 4, 2013

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

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 4736, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17745, 17751, 17754, and 17757 (MCL 333.17745, 333.17751, 333.17754, and 333.17757), sections 17745 and 17757 as amended by 2011 PA 210 and sections 17751 and 17754 as amended by 2012 PA 209, and by adding section 5110.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Haines, Callton, Crawford, Foster, Yonker, Zorn, Graves, Kesto, Darany, Knezek, Segal, Stallworth and Brinks

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 4, 2013

Present: Reps. Haines, Callton, Crawford, Genetski, Foster, Hooker, Yonker, Zorn, Graves, Kesto, Darany, Knezek, Segal, Stallworth and Brinks

Absent: Rep. Shirkey

Excused: Rep. Shirkey

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

Senate Bill No. 264, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301, 3109c, 30105, and 32512a (MCL 324.1301, 324.3109c, 324.30105, and 324.32512a), section 1301 as amended by 2012 PA 249, section 3109c as added by 2006 PA 97, section 30105 as amended by 2009 PA 120, and section 32512a as amended by 2012 PA 247, and by adding sections 30106b and 32515a.

With the recommendation that the substitute (H-3) 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, McBroom, 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, June 4, 2013

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, June 4, 2013

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

Absent: Rep. Shirkey

Excused: Rep. Shirkey

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, June 4, 2013

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

Messages from the Senate

House Bill No. 4360, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 903a.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 4361, 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 24.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

Senate Bill No. 265, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801j (MCL 257.801j), as added by 2012 PA 498.

The Senate has passed the bill.

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

Messages from the Governor

Date: June 4, 2013

Time: 9:40 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4050 (Public Act No. 38, I.E.), being

An act to amend 1994 PA 204, entitled “An act to establish the children’s ombudsman office; and to prescribe the powers and duties of the children’s ombudsman, certain state departments and officers, and certain county and private agencies serving children; and to provide remedies from certain administrative acts,” by amending sections 5a, 6, 7, 8, and 9 (MCL 722.925a, 722.926, 722.927, 722.928, and 722.929), section 5a as added and sections 6, 7, 8, and 9 as amended by 2004 PA 560; and to repeal acts and parts of acts.

(Filed with the Secretary of State June 4, 2013, at 11:00 a.m.)

Date: June 4, 2013

Time: 9:42 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4177 (Public Act No. 39, I.E.), being

An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 316 (MCL 750.316), as amended by 2006 PA 415.

(Filed with the Secretary of State June 4, 2013, at 11:02 a.m.)

Date: June 4, 2013

Time: 9:44 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4705 (Public Act No. 40, I.E.), being

An act to amend 1993 PA 331, entitled “An act to provide for the levy and collection of a state education tax; to provide for the distribution of the tax; and to prescribe the duties of certain local officials and state officers,” (MCL 211.901 to 211.906) by adding section 5c.

(Filed with the Secretary of State June 4, 2013, at 11:04 a.m.)

Communications from State Officers

The following communication from the Department of Licensing and Regulatory Affairs was received and read:

June 3, 2013

The enclosed annual report, Status of Telecommunications Competition in Michigan, is submitted on behalf of the Michigan Public Service Commission in accordance with Section 103 of the Michigan Telecommunications Act. This report will be made available on the Commission’s website at michigan.gov/mpsc . The purpose of this report is to describe the status of competition in telecommunications service in Michigan, including, but not limited to, the toll and local exchange markets in the state. The report includes information on the traditional wireline industry in Michigan, as well as information specific to Michigan on mobile wireless, Voice over Internet Protocol (VoIP) and broadband.

John D. Quackenbush, Chairman

Michigan Public Service Commission

The communication was referred to the Clerk.

Introduction of Bills

Reps. McBroom, Heise, Rendon, Robinson, LaVoy, Schor, Slavens, Dillon, Switalski, Brinks, Schmidt and Roberts introduced

House Bill No. 4799, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 601e.

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

Reps. Schor and Abed introduced

House Bill No. 4800, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3201 and 3240 (MCL 600.3201 and 600.3240), section 3201 as amended by 1981 PA 172 and section 3240 as amended by 2011 PA 303, and by adding sections 3117 and 3118.

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

Announcements by the Clerk

May 30, 2013

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

Performance audit of the Food and Dairy Division, Michigan Department of Agriculture and Rural Development, May 2013.

May 31, 2013

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

Performance audit of Interface and Change Controls of the Bridges Integrated Automated Eligibility Determination System (Bridges), Department of Human Services and Department of Technology, Management, and Budget, May 2013.

Gary L. Randall

Clerk of the House

The Clerk received the following dissent on House Bill No. 4646, from Rep. Irwin:

I continue to object to the use of procedural tricks to subvert the Constitutional rights of citizens to know accurately the actions of the House of Representatives. Motions for immediate effect are routinely gaveled through without even a pretense of vote counting. This motion requires support from 2/3rds of the members and there is no genuine effort to ascertain the level of support for immediate effect. I object to this practice and I object to the erroneous assertions printed in the House Journal that suggest an authentic counting of votes occurred on the House floor.

The Clerk received the following dissent on House Bill No. 4647, from Rep. Irwin:

The Clerk received the following dissent on House Bill No. 4648, from Rep. Irwin:

The Clerk received the following dissent on House Bill No. 4660, from Rep. Irwin:

The Clerk received the following dissent on House Bill No. 4661, from Rep. Irwin:

The Clerk received the following dissent on House Bill No. 4662, from Rep. Irwin:

______

Rep. Lamonte moved that the House adjourn.

The motion prevailed, the time being 4:05 p.m.

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

GARY L. RANDALL

Clerk of the House of Representatives

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