No. 57

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Tuesday, June 11, 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—excused 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

Rev. Horace L. Sheffield III, Pastor of New Destiny Baptist Church in Detroit, offered the following invocation:

“Eternal God, we give Thee thanks for this day and for all that You have through providence placed in our hands to preside over and to be responsible for. Help us to be mindful and to honor these sacred tasks.

I pray this morning that You would endow these chosen men and women to deliberate and decide on the affairs of this state and its people based on principle and not public opinion nor party affiliation.

We ask You Lord, that You would, in all that we think, say, and do, be mindful of those in need of mercy, considerate of those in social and economic need and disposed by Your grace and goodness. And to always put the real and mundane needs of the people of this state before anything else.

We pray for all of those who have rule over us that they would so govern that the children in Cheboygan; the men in Mackinac and the women in Warren can live peaceful and prosperous lives.

We finally ask that You would return this state and particularly my city of Detroit to a greater place than ever before.

We also pray that we cherish freedom and covet the franchise and seek to encourage one and protect the other.

Now bless this body to be mindful of us all and especially the least of these.

AMEN.”

______

Rep. Hobbs moved that Rep. Haugh be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. LaVoy, Genetski, Franz, Kosowski, Knezek, Stanley, Slavens and Cavanagh offered the following resolution:

House Resolution No. 169.

A resolution to urge Congress to enact legislation to adopt the Honor and Remember Flag as an official symbol to recognize and honor members of the Armed Forces who died while serving or as a result of serving.

Whereas, Since the Revolutionary War, more than one 1.5 million members of the United States Armed Forces have sacrificed their lives while protecting their country. Their contribution to our country is deserving of national recognition; and

Whereas, There is no officially recognized national symbol that acknowledges members of the Armed Forces who have died while serving their country. Therefore, Honor and Remember, Inc. has created the Honor and Remember flag to honor and remember the members of the United States Armed Forces who lost their lives while performing their military duty; and

Whereas, The Honor and Remember Flag’s red field represents the blood shed by brave men and women who sacrificed their lives for freedom. The flag’s white field and border recognizes the purity of that sacrifice. The flag’s blue star is a symbol of active service in military conflicts dating back to World War I. The gold star signifies the ultimate sacrifice of a warrior in active service who is not returning home and reflects the value of the life given. The folded flag highlights this nation’s final tribute to a fallen service member and a family’s sacrifice. The flag’s flame symbolizes the eternal spirit of the departed; and

Whereas, The Honor and Remember flag should be displayed on all official federal holidays, additional days as designated by the governor, and whenever there is a state military casualty; now, therefore, be it

Resolved by the House of Representatives, That we urge Congress to enact legislation to adopt the Honor and Remember Flag as an official symbol to recognize and honor members of the Armed Forces who died while serving or as a result of serving; 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 Military and Veterans Affairs.

Reps. Lamonte, Brown, Cavanagh, Darany, Faris, Geiss, Hovey-Wright, Kowall, McCann, Roberts, Singh and Slavens offered the following resolution:

House Resolution No. 170.

A resolution to urge the Attorney General to conduct an investigation to determine why gasoline prices in Michigan are consistently among the highest in the nation and to report the findings along with policy options to the Legislature.

Whereas, The recent spike in gas prices has once again caused concern across Michigan. Gasoline prices affect consumers, the state’s tourism industry, and the overall health of the state’s economy. Just as we are starting to see encouraging signs that Michigan’s economy is improving, the recent spike in prices at the pump threatens this progress and shakes the confidence that is so important to economic activity; and

Whereas, According to the AAA’s Fuel Gauge Report, gasoline prices in Michigan during the first week of June were higher than in any other state in the continental United States. While Michigan’s high gasoline prices have been blamed on regional refinery issues, Michigan seems to be more adversely impacted than other Midwest states. Ohio’s gasoline prices were nearly 30 cents lower than Michigan’s. The significant gas price increases that have taken place of late—even before the summer driving demand takes hold—has many Michiganders worried about what the situation will be like in a few months; and

Whereas, As the executive responsible for protecting Michigan consumers, the Attorney General has authority to investigate price fixing and price gouging. Unscrupulous parties should not be allowed to make profits at the expense of Michigan consumers. Price fixing and gouging not only harm those who fall victim, but they also erode faith in the integrity of the market and all companies within this industry; now, therefore, be it

Resolved by the House of Representatives, That we urge the Attorney General to conduct an investigation to determine why gasoline prices in Michigan are consistently among the highest in the nation and to report the findings along with policy options to the Legislature; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Attorney General.

The resolution was referred to the Committee on Energy and Technology.

Reps. Darany, Brown, Cavanagh, Denby, Faris, Geiss, Haines, Hovey-Wright, Howrylak, Kowall, Lori, McCann, Poleski, Roberts, Singh and Slavens offered the following resolution:

House Resolution No. 171.

A resolution to commemorate the 100th anniversary of the founding of Camp Grayling.

Whereas, Rasmus Hanson donated 18,000 acres of land to the state of Michigan in 1913 for the use of replacing the previously inconsistent guard training process; and

Whereas, Camp Grayling is the largest National Guard training facility in the United States, which now spans 147,000 acres of ranges and ample training maneuver areas in Grayling, Michigan; and

Whereas, This monumental training camp annually trains over 10,000 military personnel from National Guard units in Michigan, Indiana, Illinois, and Ohio; and

Whereas, Much of the beautiful camp is accessible to the public for hunting, fishing, snowmobiling, and other recreational uses when military training is not taking place; and

Whereas, Camp Grayling is one of the largest employers in Crawford County, creating over 200 full-time jobs to local residents; and

Whereas, The camp activities generate over $20 million annually in local economic impact; and

Whereas, The federal dollars that pay employee salaries are often used to pay local taxes and to support schools, hospitals, churches, and local businesses for generations; and

Whereas, Camp Grayling has played a monumental part in training the military personal that defend this United Nation as well as benefitting the local community both economically and recreationally; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 100th anniversary of the founding of Camp Grayling.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

Senate Bill No. 27, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537 (MCL 436.1537), as amended by 2011 PA 298.

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

Roll Call No. 212 Yeas—101

Abed Geiss Lane Roberts

Banks Genetski Lauwers Robinson

Barnett Glardon LaVoy Rogers

Bolger Goike Leonard Rutledge

Brinks Graves Lipton Santana

Brown Greimel Lund Schmidt

Brunner Haines Lyons Schor

Bumstead Haveman MacGregor Segal

Callton Heise MacMaster Shirkey

Cavanagh Hobbs 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 Tlaib

Dillon Kesto Outman Townsend

Driskell Kivela Pagel VerHeulen

Durhal Knezek Pettalia Victory

Faris Kosowski Poleski Walsh

Farrington Kowall Potvin Yonker

Forlini LaFontaine Pscholka Zemke

Foster Lamonte Rendon Zorn

Franz

Nays—7

Hooker Lori Price Yanez

Kurtz McBroom Talabi

In The Chair: Walsh

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

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

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. 79, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 415.

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

Roll Call No. 213 Yeas—102

Abed Geiss Lauwers Roberts

Banks Genetski LaVoy Rogers

Barnett Glardon Leonard Rutledge

Bolger Goike Lipton Santana

Brinks Graves Lori Schmidt

Brown Greimel Lund Schor

Brunner Haines Lyons Segal

Bumstead Haveman MacGregor Shirkey

Callton Heise MacMaster Singh

Cavanagh Hobbs McBroom Slavens

Clemente Hovey-Wright McCann Smiley

Cochran Howrylak McCready Somerville

Cotter Irwin McMillin Stallworth

Crawford Jacobsen Muxlow Stamas

Daley Jenkins Nesbitt Stanley

Darany Johnson O’Brien Switalski

Denby Kandrevas Oakes Tlaib

Dianda Kelly Olumba Townsend

Dillon Kesto Outman VerHeulen

Driskell Kivela Pagel Victory

Durhal Knezek Pettalia Walsh

Faris Kosowski Poleski Yanez

Farrington Kowall Potvin Yonker

Forlini LaFontaine Pscholka Zemke

Foster Lamonte Rendon Zorn

Franz Lane

Nays—6

Hooker Nathan Robinson Talabi

Kurtz Price

In The Chair: Walsh

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

“An act to 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. 256, entitled

A bill to amend 2008 PA 398, entitled “Michigan supply chain management development commission act,” by amending the title and sections 1, 2, 3, and 4 (MCL 125.1891, 125.1892, 125.1893, and 125.1894).

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

Roll Call No. 214 Yeas—65

Abed Graves LaVoy Rendon

Bolger Greimel Leonard Rogers

Brinks Haines Lori Santana

Callton Haveman MacMaster Schmidt

Cavanagh Heise McBroom Schor

Cochran Irwin McCann Singh

Cotter Jacobsen McCready Slavens

Crawford Jenkins Muxlow Somerville

Daley Kesto Nesbitt Stamas

Denby Kivela O’Brien Tlaib

Dianda Knezek Oakes VerHeulen

Dillon Kosowski Outman Victory

Driskell Kowall Pagel Walsh

Farrington Kurtz Pettalia Yonker

Forlini Lane Poleski Zemke

Foster Lauwers Pscholka Zorn

Glardon

Nays—43

Banks Genetski Lipton Rutledge

Barnett Goike Lund Segal

Brown Hobbs Lyons Shirkey

Brunner Hooker MacGregor Smiley

Bumstead Hovey-Wright McMillin Stallworth

Clemente Howrylak Nathan Stanley

Darany Johnson Olumba Switalski

Durhal Kandrevas Potvin Talabi

Faris Kelly Price Townsend

Franz LaFontaine Roberts Yanez

Geiss Lamonte Robinson

In The Chair: Walsh

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

“An act to create the Michigan supply chain management development commission; to prescribe the powers and duties of the commission; and to provide for certain regulations,”

The House agreed to the full title.

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

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

House Bill No. 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.

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

Roll Call No. 215 Yeas—65

Bolger Haines Lori Potvin

Bumstead Haveman Lund Price

Callton Heise Lyons Pscholka

Cavanagh Hooker MacGregor Rendon

Cotter Howrylak MacMaster Rogers

Crawford Jacobsen McBroom Santana

Daley Jenkins McCready Schmidt

Denby Johnson McMillin Shirkey

Dianda Kelly Muxlow Somerville

Farrington Kesto Nesbitt Stamas

Forlini Kowall O’Brien VerHeulen

Foster Kurtz Olumba Victory

Franz LaFontaine Outman Walsh

Genetski Lane Pagel Yanez

Glardon Lauwers Pettalia Yonker

Goike Leonard Poleski Zorn

Graves

Nays—43

Abed Durhal Lamonte Singh

Banks Faris LaVoy Slavens

Barnett Geiss Lipton Smiley

Brinks Greimel McCann Stallworth

Brown Hobbs Nathan Stanley

Brunner Hovey-Wright Oakes Switalski

Clemente Irwin Roberts Talabi

Cochran Kandrevas Robinson Tlaib

Darany Kivela Rutledge Townsend

Dillon Knezek Schor Zemke

Driskell Kosowski Segal

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.

Senate Bill No. 341, entitled

A bill to amend 2002 PA 712, entitled “Michigan Amber alert act,” (MCL 28.751 to 28.754) by amending the title, as amended by 2005 PA 205, and by adding section 5.

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

Roll Call No. 216 Yeas—106

Abed Glardon LaVoy Robinson

Banks Goike Leonard Rogers

Barnett Graves Lipton Rutledge

Bolger Greimel Lori Santana

Brinks Haines Lund Schmidt

Brown Haveman Lyons Schor

Brunner Heise MacGregor Segal

Bumstead Hobbs MacMaster Shirkey

Callton Hooker McBroom Singh

Cavanagh Hovey-Wright McCann Slavens

Clemente Howrylak 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 Potvin Walsh

Farrington Kurtz Price Yanez

Forlini LaFontaine Pscholka Yonker

Foster Lamonte Rendon Zemke

Franz Lane Roberts Zorn

Geiss Lauwers

Nays—2

Genetski Poleski

In The Chair: Walsh

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

“An act to prescribe the Amber alert of Michigan as the official response to reports of child abductions; to prohibit certain conduct; and to prescribe penalties,”

The House agreed to the full title.

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

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

______

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

“Mr. Speaker and members of the House:

It has been my consistent position to oppose income tax return checkoffs for charitable purposes. My opinion is that an income tax return is an inappropriate place to collect a charitable contribution.

This is not a reflection upon the excellent charities for whom the checkoff is desired; on the contrary, I admire the causes supported.

Thank you, Mr. Speaker, for the opportunity to explain my No vote.”

______

Rep. Hobbs moved that Rep. Santana be excused temporarily from today’s session.

The motion prevailed.

Senate Bill No. 342, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2012 PA 154.

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

Roll Call No. 217 Yeas—106

Abed Genetski Lauwers Roberts

Banks Glardon LaVoy Robinson

Barnett Goike Leonard Rogers

Bolger Graves Lipton Rutledge

Brinks Greimel Lori Schmidt

Brown Haines Lund Schor

Brunner Haveman Lyons Segal

Bumstead Heise MacGregor Shirkey

Callton Hobbs MacMaster Singh

Cavanagh Hooker McBroom Slavens

Clemente Hovey-Wright McCann Smiley

Cochran Howrylak McCready Somerville

Cotter Irwin McMillin Stallworth

Crawford Jacobsen Muxlow Stamas

Daley Jenkins Nathan Stanley

Darany Johnson Nesbitt Switalski

Denby Kandrevas O’Brien Talabi

Dianda Kelly Oakes Tlaib

Dillon Kesto Olumba Townsend

Driskell Kivela Outman VerHeulen

Durhal Knezek Pagel Victory

Faris Kosowski Pettalia Walsh

Farrington Kowall Potvin Yanez

Forlini Kurtz Price Yonker

Foster LaFontaine Pscholka Zemke

Franz Lamonte Rendon Zorn

Geiss Lane

Nays—1

Poleski

In The Chair: Walsh

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

“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; 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.

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

“Mr. Speaker and members of the House:

This is not a reflection upon the excellent charities for whom the checkoff is desired; on the contrary, I admire the causes supported.

Thank you, Mr. Speaker, for the opportunity to explain my No vote.”

Second Reading of Bills

Senate Bill No. 150, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2012 PA 154.

The bill was read a second time.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 150, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2012 PA 154.

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

Roll Call No. 218 Yeas—105

Abed Genetski Lauwers Roberts

Banks Glardon LaVoy Robinson

Barnett Goike Leonard Rogers

Bolger Graves Lipton Rutledge

Brinks Greimel Lori Schmidt

Brown Haines Lund Schor

Brunner Haveman Lyons Segal

Bumstead Heise MacGregor Shirkey

Callton Hobbs MacMaster Singh

Cavanagh Hooker McBroom Slavens

Clemente Hovey-Wright McCann Smiley

Cochran Irwin McCready Somerville

Cotter Jacobsen McMillin Stallworth

Crawford Jenkins Muxlow Stamas

Daley Johnson Nathan Stanley

Darany Kandrevas Nesbitt Switalski

Denby Kelly O’Brien Talabi

Dianda Kesto Oakes Tlaib

Dillon Kivela Olumba Townsend

Driskell Knezek Outman VerHeulen

Durhal Kosowski Pagel Victory

Faris Kowall Pettalia Walsh

Farrington Kurtz Potvin Yanez

Forlini LaFontaine Price Yonker

Foster Lamonte Pscholka Zemke

Franz Lane Rendon Zorn

Geiss

Nays—2

Howrylak Poleski

In The Chair: Walsh

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

The House agreed to the full title.

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

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

______

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

“Mr. Speaker and members of the House:

This is not a reflection upon the excellent charities for whom the checkoff is desired; on the contrary, I admire the causes supported.

Thank you, Mr. Speaker, for the opportunity to explain my No vote.”

Rep. Howrylak, 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:

I voted no on this bill because I am concerned about the limited amount of donated funds to the Alzheimer’s Association that is used for research purposes. I am also concerned about the pay scales for the executives of this organization. My no vote in does not diminish my support for the Military Family Relief Fund, the ALS of Michigan or the Michigan Amber Alert Fund.”

Second Reading of Bills

House Bill No. 4525, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16c and 17d of chapter XVII (MCL 777.16c and 777.17d), section 16c as amended by 2012 PA 534 and section 17d as amended by 2012 PA 456.

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

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Stamas moved that Rule 42 be suspended.

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

Rep. Stamas moved that the Committee on Government Operations be discharged from further consideration of House Resolution No. 160.

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

The Speaker laid before the House

House Resolution No. 160.

A resolution to recognize Congressman John D. Dingell as the longest serving member of the United States Congress.

(For text of resolution, see House Journal No. 52, p. 1106.)

(The resolution was discharged from the Committee on Government Operations on June 11.)

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Abed, Banks, Brinks, Brunner, Cavanagh, Clemente, Cochran, Cotter, Crawford, Denby, Dianda, Dillon, Driskell, Foster, Greimel, Haines, Haveman, Hobbs, Hovey-Wright, Irwin, Jenkins, Kivela, Knezek, Kosowski, Kowall, Lamonte, Lane, Lipton, Lyons, MacMaster, McCann, Nathan, Oakes, Pagel, Pettalia, Poleski, Price, Pscholka, Rutledge, Schmidt, Smiley, Somerville, Stallworth, Stamas, Stanley, Switalski, Tlaib, VerHeulen, Victory, Walsh, Yanez, Zemke and Zorn were named co‑sponsors of the resolution.

______

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

The motion prevailed.

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, June 7:

House Bill Nos. 4806 4807 4808 4809 4810 4811 4812 4813 4814 4815

The Clerk announced that the following bill had been printed and placed upon the files of the members on Tuesday, June 11:

Senate Bill No. 418

The Clerk announced that the following Senate bills had been received on Tuesday, June 11:

Senate Bill Nos. 380 381 382 383 401

Reports of Standing Committees

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

Senate Bill No. 163, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1307, 1311, 30103, 30104, 30105, 30305, 30306, 30306b, 30311, 30311a, 30311d, 30312, 30312d, 30321, and 32513 (MCL 324.1307, 324.1311, 324.30103, 324.30104, 324.30105, 324.30305, 324.30306, 324.30306b, 324.30311, 324.30311a, 324.30311d, 324.30312, 324.30312d, 324.30321, and 324.32513), section 1307 as amended by 2012 PA 164, section 1311 as amended by 2011 PA 246, section 30103 as amended by 2009 PA 139, section 30104 as amended by 2013 PA 13, sections 30105 and 30311 as amended and sections 30311a, 30311d, and 30312d as added by 2009 PA 120, sections 30305, 30306, and 30312 as amended by 2012 PA 247, section 30306b as amended by 2010 PA 180, section 30321 as amended by 1996 PA 530, and section 32513 as amended by 2013 PA 11, and by adding sections 30101a and 30328; and to repeal acts and parts of acts.

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, Victory and Kivela

Nays: Reps. McBroom, Smiley and Dianda

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, June 6, 2013

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

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

Senate Bill No. 284, 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,” (MCL 460.1 to 460.11) by adding section 9t.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Nesbitt, Shirkey, Farrington, Jacobsen, Outman, Pettalia, Price, Schmidt, Zorn, Graves, Lauwers, Stallworth, Hobbs, Nathan, LaVoy, Lane and Brunner

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 11, 2013

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

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

House Bill No. 4576, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 102, 249a, 1201, 1238, and 1242 (MCL 500.102, 500.249a, 500.1201, 500.1238, and 500.1242), section 102 as amended by 2000 PA 252, section 249a as added by 1992 PA 182, section 1201 as amended by 2012 PA 462, section 1238 as amended by 2012 PA 453, and section 1242 as amended by 2002 PA 32, and by adding sections 1229, 1230, 1231, 1231a, and 1231b.

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, Genetski, Shirkey, Foster, Yonker, Graves, Darany, Knezek, Segal, Stallworth and Brinks

Nays: None

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

Senate Bill No. 92, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16333, 17703, 17705, 17707, 17711, 17721, and 17731 (MCL 333.16333, 333.17703, 333.17705, 333.17707, 333.17711, 333.17721, and 333.17731), section 16333 as added by 1993 PA 80, section 17703 as amended by 2012 PA 209, section 17705 as amended by 1986 PA 304, section 17707 as amended by 1990 PA 333, sections 17711 and 17721 as amended by 2006 PA 390, and section 17731 as amended by 1994 PA 234, and by adding sections 17739, 17739a, 17739b, and 17739c.

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. Haines, Callton, Crawford, Shirkey, Foster, Hooker, Yonker, Zorn, Graves, Kesto, Darany, Knezek, Segal, Stallworth and Brinks

Nays: None

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

Senate Bill No. 237, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 9208 (MCL 333.9208), as amended by 2000 PA 90.

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, Genetski, Shirkey, Foster, Hooker, Yonker, Zorn, Graves, Kesto, Darany, Knezek, Segal, Stallworth and Brinks

Nays: None

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

Senate Bill No. 238, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177 (MCL 380.1177), as amended by 2000 PA 91.

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

Nays: None

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

Senate Bill No. 239, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 167 (MCL 388.1767), as amended by 2006 PA 342.

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. Haines, Callton, Crawford, Genetski, Shirkey, Foster, Hooker, 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 11, 2013

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

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

House Bill No. 4101, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811u.

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, Heise, Jacobsen, O’Brien, Pettalia, Lauwers, McCready, 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, June 11, 2013

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

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: Thursday, June 6, 2013

Present: Reps. Schmidt, Glardon, Heise, O’Brien, Pettalia, Lauwers, McCready, Lane, Cochran and Smiley

Absent: Reps. Daley, Jacobsen, Dianda, Rutledge and Driskell

Excused: Reps. Daley, Jacobsen, Dianda, Rutledge and Driskell

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 11, 2013

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

Absent: Rep. Haugh

Excused: Rep. Haugh

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 11, 2013

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Shirkey, Chair, of the Committee on Michigan Competitiveness, was received and read:

Meeting held on: Tuesday, June 11, 2013

Present: Reps. Shirkey, Yonker, Haines, Cotter, Foster, Franz, Goike, Lauwers, Leonard, Pagel, Clemente, Townsend, Schor, Santana and Segal

Messages from the Senate

House Bill No. 4458, entitled

A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 1 (MCL 125.1801), as amended by 2010 PA 245.

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. 4461, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 2 (MCL 125.2152), as amended by 2012 PA 290.

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. 4463, entitled

A bill to amend 1867 PA 35, entitled “Nonprofit street railway act,” by amending section 23 (MCL 472.23), as amended by 2008 PA 486.

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. 4464, entitled

A bill to amend 2010 PA 250, entitled “Private investment infrastructure act,” by amending section 3 (MCL 125.1873).

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. 4460, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 2 (MCL 125.2652), as amended by 2012 PA 502.

The Senate has amended the bill as follows:

1. Amend page 14, line 20, after “FOLLOWING” by inserting “OR”.

2. Amend page 14, line 20, after “THOSE” by striking out “AS” and inserting “AD”.

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

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

House Bill No. 4462, entitled

A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending section 3 (MCL 125.2873), as amended by 2010 PA 242.

The Senate has amended the bill as follows:

1. Amend page 4, line 25, after “FOLLOWING” by striking out “SPECIFIC” and inserting “OR SPECIFIC LOCAL”.

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

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

Senate Bill No. 380, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3204 (MCL 600.3204), as amended by 2012 PA 521.

The Senate has passed the bill.

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

Senate Bill No. 381, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3205e (MCL 600.3205e), as amended by 2012 PA 521; 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 Financial Services.

Senate Bill No. 382, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 3206.

The Senate has passed the bill.

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

Senate Bill No. 383, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3240 (MCL 600.3240), as amended by 2011 PA 303.

The Senate has passed the bill.

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

Senate Bill No. 401, entitled

A bill to amend 2010 PA 296, entitled “Art institute authorities act,” (MCL 123.1201 to 123.1229) by amending the title and by adding section 31.

The Senate has passed the bill.

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

Notices

June 11, 2013

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

In light of Representative Jim Ananich’s resignation from the House, Representative Phil Cavanagh will take Representative Ananich’s seat on the Health Policy Committee, and Representative Alberta Tinsley-Talabi will take Representative Ananich’s seat on the Agriculture Committee.

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

June 11, 2013

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

Representative Phil Cavanagh has requested Representative Ananich’s seat (number 75) on the floor, and I concur with this change, effective today.

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Introduction of Bills

Reps. Shirkey, Bumstead, Hooker, Yonker, McMillin, Franz, Kelly, Somerville and Cotter introduced

House Bill No. 4816, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2213e.

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

Reps. McCann, Schor, Zemke, Slavens, Lipton, Cavanagh, Roberts, Driskell, Dillon, Irwin, LaVoy, Geiss, Cochran, Switalski, Brunner, Faris, Smiley, Singh, Kosowski, Darany, Knezek, Olumba, Rutledge, Barnett, Tlaib and Oakes introduced

House Bill No. 4817, entitled

A bill to create a citizens redistricting commission and prescribe its powers and duties; to provide for the powers and duties of certain state governmental officers and entities; and to repeal acts and parts of acts.

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

Reps. Brinks, Roberts, Irwin, Barnett, Robinson, Singh, Kandrevas, Hovey-Wright, Slavens, Schor, McCann, Kosowski, Knezek, Darany, Dillon, Lamonte, Cavanagh, Cochran and Switalski introduced

House Bill No. 4818, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 140 to article 12.

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

Reps. Tlaib, Heise, Geiss, Dillon, Slavens and Roberts introduced

House Bill No. 4819, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 3 and 8g (MCL 125.2683 and 125.2688g), section 3 as amended by 2010 PA 277 and section 8g as added by 2010 PA 5.

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

Reps. Tlaib, Switalski, Townsend, Faris, Heise, Geiss, Dillon, Slavens, Irwin, McCann, Kandrevas, Roberts, Singh, Knezek, Durhal, Talabi and Cavanagh introduced

House Bill No. 4820, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 3111 and 5525a.

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

House Joint Resolution T, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 2, 3, and 6 of article IV, to modify congressional and legislative apportionment and districting and create a citizens redistricting commission.

The joint resolution was read a first time by its title and referred to the Committee on Elections and Ethics.

Announcements by the Clerk

The Clerk received the following dissent on Senate Bill Nos. 27, 79 and 256, House Bill No. 4768 and Senate Bill Nos. 341, 342 and 150, 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.

______

Rep. Kowall moved that the House adjourn.

The motion prevailed, the time being 3:35 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, June 12, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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