No. 58

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Wednesday, June 12, 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—excused 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

Rev. Richard Fledderjohann, Pastor of Brown City Missionary Church in Brown City, offered the following invocation:

“Father in heaven, ‘You are worthy, O Lord, To receive glory and honor and power; For You created all things, And by Your will they exist and were created.’ We thank You for this day, and for our nation; a nation that was founded under God by those seeking liberty from the tyranny of oppression and to worship you apart from all restriction, with Your word as the only authority of life and faith. We thank You for the freedom we enjoy and pray You would protect our country from the enemies of liberty, and righteousness, that Your blessing and protection would be on our country and our military, that You would keep those that serve and fight for freedom safe. We pray Your help, salvation and wisdom to our president, his cabinet, congress, and elected officials in each State. We especially pray Your blessing, presence and the leading of Your Spirit on this body of Representatives and pray You would lead them this day and in the future to know and follow the wisdom of God in all the decisions they make.

Now to the King eternal, immortal, invisible, to God our Savior Who alone is wise, be honor, glory, majesty, Dominion and power, both now and forever. Jesus Christ the author and finisher of our faith who gave His life for the sin of the world so that as many as believe on Him would be saved. It is in His name we pray, the name above ever name and the only name by which people might be saved. Amen.”

______

Rep. Stamas moved that Rep. Haines be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. McBroom, Rendon, Nesbitt, Hooker, Bumstead, Daley, Lauwers, Barnett, Brown, Crawford, Darany, Denby, Durhal, Faris, Geiss, Hovey-Wright, Howrylak, Kelly, Lamonte, LaVoy, Poleski and Slavens offered the following resolution:

House Resolution No. 172.

A resolution to declare June 12, 2013, as Dairy Foods Awareness Day in the state of Michigan.

Whereas, There are approximately 1,900 Grade A dairy farms in Michigan. Michigan has 375,000 dairy cows, representing approximately 2,000 dairy herds. In 2012, dairy cows in Michigan produced approximately 8.9 billion pounds of milk. Michigan ranked 8th in milk production in the U.S., producing 4.4 percent of the nation’s milk. The dairy industry in Michigan contributes $14.7 billion to the state’s economy. The average Michigan cow produces approximately 23,700 pounds of milk each year. That’s 2,775 gallons of milk a year, or more than 8 gallons of milk every day of each cow’s milking period. Michigan ranks 5th nationally for average milk production per cow per year. According to the USDA, 98 percent of U.S. dairy farms are family owned and operated, sometimes by multiple generations of a family; and

Whereas, The mission of the Michigan Dairy Foods Association is to support and promote activities designed to improve and maintain the general well-being of the dairy processing industry; and

Whereas, The Michigan Dairy Foods Association is a trade and membership service organization representing all aspects of the dairy processing industry in Michigan. The association’s primary purposes are to assure that a strong environment exists for the creation and maintenance of sound public policy as it relates to all aspects of the dairy processing industry in Michigan, to enhance the position, prestige, and competitive ability of the association’s members, and to provide educational programs to enhance members’ abilities to process and market fine dairy products, packaged waters, and juices in Michigan and throughout the world; and

Whereas, Dairy Foods Awareness Day was established by the Michigan Dairy Foods Association to demonstrate the importance of the dairy processing industry in Michigan and to promote the 3-A-Day concept of three servings of calcium-rich dairy products per day, which helps ensure a healthy diet. We salute the people of the Michigan Dairy Foods Association for their efforts to expand our awareness and knowledge of the dairy processing industry; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 12, 2013, as Dairy Foods Awareness Day in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the organizers of Dairy Foods Awareness Day as evidence of our esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. LaVoy, LaFontaine, Foster, Brown, Yanez, Dillon, Hovey-Wright, Kosowski, Geiss, Clemente, Cavanagh, Potvin, Faris, Brunner, Smiley, Stallworth, Durhal, Greimel, Talabi, Dianda, McCann, Graves, Zorn, Price, Nesbitt, Kivela, Irwin, Banks, Santana, Kandrevas, Slavens, Lane, Bumstead, Olumba, Hobbs, Barnett, Knezek, Darany, Lipton, Roberts, Schmidt, Heise, Tlaib, Kesto, Oakes, Nathan, Victory, Glardon, Haines, Lyons, Zemke, McBroom and Goike offered the following resolution:

House Resolution No. 173.

A resolution to declare October 4, 2013, as French-Canadian Heritage Day in the state of Michigan.

Whereas, French Canadians have made the Great Lakes their home beginning with the exploration of Etienne Brulee 400 years ago; and

Whereas, Today, according to U.S. Census data, an estimated 165,000 people in Michigan claim French-Canadian heritage; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 4, 2013, as French-Canadian Heritage Day in the state of Michigan; and be it further

Resolved, That members of the House of Representatives join all of those of French-Canadian ancestry in celebrating their heritage and contributions to the state of Michigan on October 4, 2013.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Brown, Durhal, Faris, Geiss and Kelly offered the following resolution:

House Resolution No. 174.

A resolution to strongly urge the U.S. Army Corps of Engineers to conduct immediate emergency dredging in the Saginaw River and Bay.

Whereas, Maintaining navigability in the Saginaw River and Bay is of vital economic importance for the Saginaw area and the state of Michigan. Ships operating on the Saginaw River and Bay carry coal for electric power generation, cement and aggregate for the I-75 highway resurfacing project, and limestone, potash, grain and other raw materials for businesses along the river. Commerce on the river generates $306 million annually in direct revenue and supports an estimated 2,500 jobs and $183 million in personal income; and

Whereas, Heavy spring rains and subsequent flooding have resulted in significant sedimentation and shoaling in the Saginaw River and Bay, creating dangerous navigation conditions. In particular, depth in the Saginaw River Turning Basin has been reduced by 7 to 8 feet. Consequently, larger ships cannot reach businesses in Saginaw, and smaller ships have to back up the river. The U.S. Army Corps of Engineers estimates that transportation costs increase by $1.3 million to $3.4 million annually for every 1 to 2 foot loss in channel depth; and

Whereas, Emergency federal funding is critically important to alleviate this problem and allow safe navigation of the Saginaw River and Bay. The U.S. Army Corps of Engineers has a responsibility to keep the river—a federal navigation channel—open for commerce, and expedited action is needed to minimize the economic disruption to the Saginaw area and state of Michigan; now, therefore, be it

Resolved by the House of Representatives, That we strongly urge the U.S. Army Corps of Engineers to conduct immediate emergency dredging in the Saginaw River; and be it further

Resolved, That copies of this resolution be transmitted to the Assistant Secretary of the Army (Civil Works) and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Natural Resources.

Reps. Talabi, Banks, Barnett, Brown, Brunner, Darany, Denby, Driskell, Durhal, Faris, Geiss, Hobbs, Hovey-Wright, Howrylak, Kivela, LaVoy, Lipton, Nathan, Price, Pscholka, Rendon, Robinson, Rutledge, Segal, Singh, Slavens, Smiley, Stallworth, Stanley, Switalski, Townsend, Yanez and Zorn offered the following resolution:

House Resolution No. 175.

A resolution to declare June 12, 2013, as Medgar Evers Day in the state of Michigan.

Whereas, Medgar Wiley Evers was a nationally-renowned African-American civil rights activist from Mississippi who led efforts to overturn segregation at the University of Mississippi; and

Whereas, Evers applied to the then-segregated University of Mississippi Law School in 1954, but his application was rejected. He submitted his application in concert with the NAACP as a test; and

Whereas, In the early morning of June 12, 1963, just hours after President John F. Kennedy’s speech on national television in support of civil rights case, Evers pulled into his driveway after returning from a meeting with NAACP lawyers. Emerging from his car and carrying NAACP T-shirts that read “Jim Crow Must Go,” Evers was struck and killed by an assassin’s bullet; and

Whereas, This tragic event became a major catalyst and symbol for the struggle for equality and the civil rights movement. Today, the citizens of Michigan and the United States enjoy access and opportunities that Medgar Evers gave his life to secure; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 12, 2013, as Medgar Evers Day in the state of Michigan. We re-commit ourselves to the principles of freedom and equality for all people.

The question being on the adoption of the resolution,

The resolution was adopted.

______

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

Messages from the Senate

House Bill No. 4082, entitled

A bill to establish the Michigan Alzheimer’s association fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

Rep. Stamas moved that Rule 42 be suspended.

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

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

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

Roll Call No. 219 Yeas—106

Abed Genetski LaVoy Robinson

Banks Glardon Leonard Rogers

Barnett Goike Lipton Rutledge

Bolger Graves Lori Santana

Brinks Greimel Lund Schmidt

Brown Haugh Lyons Schor

Brunner Haveman MacGregor Segal

Bumstead Heise MacMaster Shirkey

Callton Hobbs McBroom Singh

Cavanagh Hooker McCann Slavens

Clemente Hovey-Wright McCready Smiley

Cochran Irwin McMillin Somerville

Cotter Jacobsen Muxlow Stallworth

Crawford Jenkins Nathan Stamas

Daley Johnson Nesbitt Stanley

Darany Kandrevas O’Brien Switalski

Denby Kelly Oakes Talabi

Dianda Kesto Olumba Tlaib

Dillon Kivela Outman Townsend

Driskell Knezek Pagel VerHeulen

Durhal Kosowski Pettalia Victory

Faris Kowall Potvin Walsh

Farrington Kurtz Price Yanez

Forlini LaFontaine Pscholka Yonker

Foster Lamonte Rendon Zemke

Franz Lane Roberts Zorn

Geiss Lauwers

Nays—2

Howrylak Poleski

In The Chair: O’Brien

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

______

Rep. Poleski, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

I have consistently opposed income tax checkoffs for charitable purposes. I believe an income tax return is an inappropriate place to collect a charitable contribution.

This is not a reflection of my view of the charitable organizations, which are fine entities and conduct worthwhile activities without exception.

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

Rep. Howrylak, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

I voted no on this bill because I am concerned that only a small amount of contributions to the Alzheimer’s Association is used for research. There is a high cost of overhead. I am also concerned about the pay scales for the executives of this organization.”

House Bill No. 4085, 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 Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), 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.

Rep. Stamas moved that Rule 42 be suspended.

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

The question being on concurring in the (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. 220 Yeas—107

Abed Genetski Lauwers Robinson

Banks Glardon LaVoy Rogers

Barnett Goike Leonard Rutledge

Bolger Graves Lipton Santana

Brinks Greimel Lori Schmidt

Brown Haugh 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 Roberts

Nays—1

Poleski

In The Chair: O’Brien

The House agreed to the full title.

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

______

Rep. Poleski, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

I have consistently opposed income tax checkoffs for charitable purposes. I believe an income tax return is an inappropriate place to collect a charitable contribution.

This is not a reflection of my view of the charitable organizations, which are fine entities and conduct worthwhile activities without exception.

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

House Bill No. 4591, entitled

A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending sections 6 and 7 (MCL 338.886 and 338.887), section 6 as amended by 1992 PA 130 and section 7 as amended by 2002 PA 205.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), 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.

Rep. Stamas moved that Rule 42 be suspended.

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

The question being on concurring in the (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. 221 Yeas—106

Abed Genetski Lauwers Roberts

Banks Glardon LaVoy Rogers

Barnett Goike Leonard Rutledge

Bolger Graves Lipton Santana

Brinks Greimel Lori Schmidt

Brown Haugh 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 Outman Townsend

Driskell Kivela Pagel VerHeulen

Durhal Knezek Pettalia Victory

Faris Kosowski Poleski Walsh

Farrington Kowall Potvin Yanez

Forlini Kurtz Price Yonker

Foster LaFontaine Pscholka Zemke

Franz Lamonte Rendon Zorn

Geiss Lane

Nays—2

Olumba Robinson

In The Chair: O’Brien

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. 4743, entitled

A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending sections 4, 5, 7, 10, 11, 12, and 18a (MCL 28.454, 28.455, 28.457, 28.460, 28.461, 28.462, and 28.468a), sections 4 and 12 as amended and section 18a as added by 2012 PA 257.

The Senate has substituted (S-5) the bill.

The Senate has passed the bill as substituted (S-5), 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.

Rep. Stamas moved that Rule 42 be suspended.

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

The question being on concurring in the (S-5) made to the bill by the Senate,

The substitute (S-5) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 222 Yeas—107

Abed Genetski LaVoy Robinson

Banks Glardon Leonard Rogers

Barnett Goike Lipton Rutledge

Bolger Graves Lori Santana

Brinks Greimel Lund Schmidt

Brown Haugh Lyons Schor

Brunner Haveman MacGregor Segal

Bumstead Heise MacMaster Shirkey

Callton Hobbs McBroom Singh

Cavanagh Hooker McCann Slavens

Clemente Hovey-Wright McCready Smiley

Cochran Howrylak 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 Poleski Walsh

Farrington Kurtz Potvin Yanez

Forlini LaFontaine Price Yonker

Foster Lamonte Pscholka Zemke

Franz Lane Rendon Zorn

Geiss Lauwers Roberts

Nays—1

Irwin

In The Chair: O’Brien

The House agreed to the full title.

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

Senate Bill No. 64, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 27a (MCL 205.27a), as amended by 2012 PA 211.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 12, 2013

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

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

House Bill No. 4786, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2891 (MCL 333.2891), as amended by 2004 PA 467, and by adding section 2892.

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

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

Favorable Roll Call

To Report Out:

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

Nays: Reps. Howrylak, Dillon, Roberts and Singh

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

House Bill No. 4787, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2011 PA 144.

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

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 12, 2013

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

The Committee on Commerce, by Rep. Foster, Chair, reported

Senate Bill No. 345, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 32 (MCL 125.1432), as amended by 2012 PA 328.

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. Foster, Zorn, Schmidt, Farrington, Glardon, Outman, Switalski, Barnett, Townsend, Santana, Driskell and Yanez

Nays: Reps. Johnson, Somerville, Kelly and Leonard

The Committee on Commerce, by Rep. Foster, Chair, reported

Senate Bill No. 347, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” (MCL 125.1401 to 125.1499c) by adding section 22d.

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. Foster, Zorn, Schmidt, Farrington, Glardon, Outman, Switalski, Barnett, Townsend, Santana, Oakes, Driskell and Yanez

Nays: Reps. Johnson, Nesbitt, Somerville, Kelly and Leonard

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 12, 2013

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

Absent: Rep. Haines

Excused: Rep. Haines

The Committee on Michigan Competitiveness, by Rep. Shirkey, Chair, reported

House Bill No. 4714, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 105, 105a, 106, 107, 108, and 109c (MCL 400.105, 400.105a, 400.106, 400.107, 400.108, and 400.109c), section 105 as amended by 1980 PA 321, section 105a as added by 1988 PA 438, sections 106 and 107 as amended by 2006 PA 144, and section 109c as amended by 1994 PA 302, and by adding sections 105c and 105d.

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. Shirkey, Yonker, Foster, Pagel, Clemente, Townsend, Schor, Santana and Segal

Nays: Reps. Cotter, Franz, Goike, Lauwers and Leonard

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 12, 2013

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

Absent: Rep. Haines

Excused: Rep. Haines

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 11, 2013

Present: Reps. Kelly, O’Brien, Leonard and Robinson

Absent: Reps. McMillin and Townsend

Excused: Reps. McMillin and Townsend

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 11, 2013

Present: Reps. Lyons, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price, Yonker, Lipton, Knezek, Brinks, Stallworth, Lamonte and Abed

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 12, 2013

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

Second Reading of Bills

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.

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

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

Rep. Daley moved to amend the bill as follows:

1. Amend page 48, following line 11, by inserting:

“Enacting section 2. Part 303 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.30301 to 324.30327, is repealed effective 160 days after the effective date, as published in the federal register, of an order by the administrator of the United States environmental protection agency under 40 CFR 233.53(c)(8)(vi) withdrawing approval of the state program under 33 USC 1344(g) and (h).”.

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

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

The motion prevailed.

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. 163, entitled

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

Roll Call No. 223 Yeas—66

Bolger Graves Lori Poleski

Brown Haugh Lund Potvin

Brunner Haveman Lyons Price

Bumstead Heise MacGregor Pscholka

Callton Hooker MacMaster Rendon

Clemente Jacobsen McCann Rogers

Cotter Jenkins McCready Schmidt

Crawford Johnson Muxlow Shirkey

Daley Kelly Nathan Somerville

Denby Kesto Nesbitt Stamas

Farrington Kivela O’Brien VerHeulen

Forlini Kowall Oakes Victory

Foster Kurtz Olumba Walsh

Franz LaFontaine Outman Yanez

Genetski Lane Pagel Yonker

Glardon Lauwers Pettalia Zorn

Goike Leonard

Nays—42

Abed Faris LaVoy Singh

Banks Geiss Lipton Slavens

Barnett Greimel McBroom Smiley

Brinks Hobbs McMillin Stallworth

Cavanagh Hovey-Wright Roberts Stanley

Cochran Howrylak Robinson Switalski

Darany Irwin Rutledge Talabi

Dianda Kandrevas Santana Tlaib

Dillon Knezek Schor Townsend

Driskell Kosowski Segal Zemke

Durhal Lamonte

In The Chair: O’Brien

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

“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”

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.

Second Reading of Bills

House Bill No. 4691, entitled

A bill to amend 1966 PA 225, entitled “Carnival-amusement safety act of 1966,” by amending the title and sections 6, 7, 10, 11, 13, 14, and 15 (MCL 408.656, 408.657, 408.660, 408.661, 408.663, 408.664, and 408.665), the title and sections 7 and 11 as amended by 1982 PA 35; and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

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.

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

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

Rep. Stamas moved to reconsider the vote by which the House did not adopt the substitute (H-3) previously recommended by the Committee on Natural Resources.

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

The question being on the adoption of the substitute (H- 3) previously recommended by the Committee on Natural Resources,

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

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

The motion prevailed.

House Bill No. 4605, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20950 (MCL 333.20950), as amended by 2006 PA 568.

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

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

Rep. Stamas moved to substitute (H-4) the bill.

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

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

The motion prevailed.

House Bill No. 4731, entitled

A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending section 9 (MCL 29.369), as amended by 2006 PA 213.

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

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

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

The motion prevailed.

House Bill No. 4752, entitled

A bill to amend 1965 PA 290, entitled “Boiler act of 1965,” by amending sections 2 and 13d (MCL 408.752 and 408.763d), section 2 as amended and section 13d as added by 2008 PA 159.

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

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

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

The motion prevailed.

House Bill No. 4754, entitled

A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending section 6 (MCL 338.976), as amended by 2010 PA 149.

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

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

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

The motion prevailed.

House Bill No. 4756, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2404b (MCL 339.2404b), as added by 2007 PA 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 Military and Veterans Affairs,

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

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

The motion prevailed.

House Bill No. 4344, entitled

A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending section 2 (MCL 28.602), as amended by 2004 PA 379.

The bill was read a second time.

Rep. Walsh moved to amend the bill as follows:

1. Amend page 4, line 5, after the first “a” by striking out the balance of the line and inserting “VILLAGE, CITY, TOWNSHIP, OR COUNTY”.

2. Amend page 4, line 6, after “the” by striking out “city”.

3. Amend page 4, line 6, after “police” by inserting “OF THAT VILLAGE, CITY, TOWNSHIP, OR COUNTY”.

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

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

The motion prevailed.

House Bill No. 4478, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 500 and 501 (MCL 168.500 and 168.501), section 501 as amended by 2005 PA 71, and by adding sections 19 and 755a.

The bill was read a second time.

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

The motion prevailed.

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.

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

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

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

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 224 Yeas—107

Abed Genetski Lauwers Robinson

Banks Glardon LaVoy Rogers

Barnett Goike Leonard Rutledge

Bolger Graves Lipton Santana

Brinks Greimel Lori Schmidt

Brown Haugh 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 Nesbitt Stanley

Darany Johnson O’Brien Switalski

Denby Kandrevas Oakes Talabi

Dianda Kelly Olumba Tlaib

Dillon Kesto Outman Townsend

Driskell Kivela Pagel VerHeulen

Durhal Knezek Pettalia Victory

Faris Kosowski Poleski Walsh

Farrington Kowall Potvin Yanez

Forlini Kurtz Price Yonker

Foster LaFontaine Pscholka Zemke

Franz Lamonte Rendon Zorn

Geiss Lane Roberts

Nays—0

In The Chair: O’Brien

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 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 13m, 16c, 17d, and 17g of chapter XVII (MCL 777.13m, 777.16c, 777.17d, and 777.17g), section 13m as amended by 2010 PA 355, section 16c as amended by 2012 PA 534, section 17d as amended by 2012 PA 456, and section 17g as amended by 2006 PA 541.

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. 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 the enrollment printing and presentation to the Governor on Wednesday, June 12, for his approval of the following bill:

Enrolled House Bill No. 4328 at 9:40 a.m.

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Wednesday, June 12:

House Bill Nos. 4816 4817 4818 4819 4820

House Joint Resolution T

Senate Bill Nos. 419 420 421 422 423

Senate Joint Resolution X

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

Senate Bill Nos. 250 360

Messages from the Senate

House Bill No. 4084, entitled

A bill to establish the ALS of Michigan (“Lou Gehrig’s disease”) fund in the department of treasury; to provide for the distribution of the money from the funds; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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

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

House Bill No. 4592, entitled

A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending sections 7 and 9 (MCL 338.977 and 338.979), section 7 as amended by 1998 PA 300.

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. 4737, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 28a.

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. 250, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 81d (MCL 750.81d), as amended by 2006 PA 517.

The Senate has passed the bill.

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

Senate Bill No. 360, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2012 PA 365.

The Senate has passed the bill.

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

Messages from the Governor

Date: June 11, 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. 4171 (Public Act No. 51, I.E.), being

An act to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 24a, 30g, 307, 308, 323, 347, 355, 426c, 426f, 426l, 642, 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, 168.642, 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, section 642 as amended by 2012 PA 523, 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.

(Filed with the Secretary of State June 11, 2013, at 3:46 p.m.)

Date: June 11, 2013

Time: 3:12 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4169 (Public Act No. 52, I.E.), being

An act to amend 1895 PA 3, entitled “An act to provide for the government of certain villages; to define their powers and duties; to provide for the levy and collection of taxes, borrowing of money, and issuance of bonds and other evidences of indebtedness by villages subject to this act; to define the powers and duties of certain state and local officers and entities; to define the application of this act and provide for its amendment by villages subject to this act; to validate prior amendments and certain prior actions taken and bonds issued by villages subject to this act; to provide for the disincorporation of villages; and to prescribe penalties and provide remedies,” by amending section 18a of chapter XIV (MCL 74.18a), as amended by 2003 PA 305.

(Filed with the Secretary of State June 11, 2013, at 3:48 p.m.)

Date: June 11, 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. 4170 (Public Act No. 53, I.E.), being

An act to amend 1966 PA 331, entitled “An act to revise and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the government, control and administration of such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; to authorize community college districts to operate a new jobs training program, enter into certain training agreements, and issue bonds to finance the training program; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 21, 37, and 57 (MCL 389.21, 389.37, and 389.57), as amended by 2003 PA 306.

(Filed with the Secretary of State June 11, 2013, at 3:50 p.m.)

Date: June 11, 2013

Time: 9:34 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4127 (Public Act No. 54, I.E.), being

An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 6b (MCL 765.6b), as amended by 2008 PA 192.

(Filed with the Secretary of State June 11, 2013, at 3:52 p.m.)

Date: June 11, 2013

Time: 9:36 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4360 (Public Act No. 55, I.E.), being

An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” (MCL 436.1101 to 436.2303) by adding section 903a.

(Filed with the Secretary of State June 11, 2013, at 3:54 p.m.)

Date: June 11, 2013

Time: 3:26 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4361 (Public Act No. 56, I.E.), being

An act to amend 1972 PA 239, entitled “An act to establish and operate a state lottery and to allow state participation in certain lottery-related joint enterprises with other sovereignties; to create a bureau of state lottery and to prescribe its powers and duties; to prescribe certain powers and duties of other state departments and agencies; to license and regulate certain sales agents; to create funds; to provide for the distribution of lottery revenues and earnings for certain purposes; to provide for an appropriation; and to provide for remedies and penalties,” (MCL 432.1 to 432.47) by adding section 24.

(Filed with the Secretary of State June 11, 2013, at 3:56 p.m.)

Communications from State Officers

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

June 7, 2013

In accordance with Section 28m(2) of the Michigan Employment Security Act, being MCL 421.28m(2), the Unemployment Insurance Agency is required to report to the Clerk of the House and the Secretary of the Senate when approval or disapproval is received from the United States Department of Labor (USDOL) for the “Shared-Work Plan” enacted by the Legislature as Act No. 216 of the Public Acts of 2012, codified at MCL 421.28b to 421.281.

By letter dated May 28, 2013, the USDOL notified the Department of Licensing and Regulatory Affairs of its approval of the Agency’s Plan (which they refer to as the “Short-time Compensation” Plan). A copy of their letter of approval is attached.

While the USDOL found Michigan’s law to be in conformity with federal requirements, be advised that the federal budget sequester affects the amount of anticipated federal reimbursements. When PA 216 was enacted, the federal government was to temporarily reimburse the Agency for 100% of the benefit charges. Sequestration, however, reduced the federal reimbursement to 94.9%. See, UIPL 13-13 (March 8, 2013), p. 4. As a consequence, employer participation in STC will not be “free” as originally anticipated. Rather, participating employers will be charged for 5.1% of the amount of benefits paid.

Respectfully submitted,

Shaun Thomas

Acting Director

The communication was referred to the Clerk.

Introduction of Bills

Rep. Lane introduced

House Bill No. 4821, entitled

A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 5 (MCL 480.15), as amended by 2011 PA 160.

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

Rep. Heise introduced

House Bill No. 4822, entitled

A bill to amend 1947 PA 359, entitled “The charter township act,” by amending section 34 (MCL 42.34), as amended by 2003 PA 300.

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

Rep. Heise introduced

House Bill No. 4823, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 608.

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

Reps. Poleski, MacGregor, Cavanagh and Kesto introduced

House Bill No. 4824, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 931c.

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

Reps. Kesto, Walsh, Poleski, Lori, Foster, McCready, Farrington, Graves, Bumstead, Cavanagh, Cotter, Yonker, Schmidt, Jenkins, Callton, Shirkey, Heise, Olumba, Johnson, Pscholka, Muxlow, Pagel, Kowall, Nesbitt and Haines introduced

House Bill No. 4825, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 558 (MCL 168.558), as amended by 2012 PA 586.

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

Reps. Franz, MacMaster, Hooker, Kelly, McMillin, Rendon, Bumstead and Somerville introduced

House Bill No. 4826, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278 and 1279g (MCL 380.1278 and 380.1279g), section 1278 as amended by 2004 PA 596 and section 1279g as amended by 2008 PA 349, and by adding sections 1167 and 1259.

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

Rep. Somerville introduced

House Bill No. 4827, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597.

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

Rep. Somerville introduced

House Bill No. 4828, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2012 PA 464.

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

Reps. Johnson and Durhal introduced

House Bill No. 4829, entitled

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

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

Reps. Haveman, Schmidt, Walsh, Lyons, Jenkins, Lori, Poleski, Daley, Kowall, Hooker, Kurtz, Heise, Bumstead, Foster, MacMaster, Victory, Pscholka, Irwin, Lane, Singh, Stanley, Schor, Rutledge, Geiss, Durhal, McBroom, Tlaib, Hovey-Wright, Roberts, Nathan, Kelly, Glardon, Callton, Yonker, Kesto, Goike, Muxlow, Cavanagh, Knezek, Clemente, Slavens, Pagel, Lauwers, Price, Crawford, Rendon, LaVoy, Lipton, McCann, Olumba and Robinson introduced

House Joint Resolution U, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 54 of article IV, to modify term limits for certain elected state offices.

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

______

Rep. Kosowski moved that the House adjourn.

The motion prevailed, the time being 6:20 p.m.

Associate Speaker Pro Tempore O’Brien declared the House adjourned until Thursday, June 13, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

1214 JOURNAL OF THE HOUSE [June 12, 2013] [No. 58

No. 58] [June 12, 2013] JOURNAL OF THE HOUSE 1215

1216 JOURNAL OF THE HOUSE [June 12, 2013] [No. 58

No. 58] [June 12, 2013] JOURNAL OF THE HOUSE 1217

1218 JOURNAL OF THE HOUSE [June 12, 2013] [No. 58

No. 58] [June 12, 2013] JOURNAL OF THE HOUSE 1219

1220 JOURNAL OF THE HOUSE [June 12, 2013] [No. 58

No. 58] [June 12, 2013] JOURNAL OF THE HOUSE 1221

1222 JOURNAL OF THE HOUSE [June 12, 2013] [No. 58

No. 58] [June 12, 2013] JOURNAL OF THE HOUSE 1223

1224 JOURNAL OF THE HOUSE [June 12, 2013] [No. 58

No. 58] [June 12, 2013] JOURNAL OF THE HOUSE 1225

1226 JOURNAL OF THE HOUSE [June 12, 2013] [No. 58

No. 58] [June 12, 2013] JOURNAL OF THE HOUSE 1227

1228 JOURNAL OF THE HOUSE [June 12, 2013] [No. 58

No. 58] [June 12, 2013] JOURNAL OF THE HOUSE 1229

1230 JOURNAL OF THE HOUSE [June 12, 2013] [No. 58

No. 58] [June 12, 2013] JOURNAL OF THE HOUSE 1231

1232 JOURNAL OF THE HOUSE [June 12, 2013] [No. 58