No. 65

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Thursday, July 18, 2013.

10:00 a.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 not present.

Notices

July 18, 2013

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Clerk:

The following Members have requested the seat changes listed below, and I concur with these changes, effective today.

Rep. Rutledge to Seat 56

Rep. Hobbs to Seat 61

Sincerely,

Jase Bolger, Speaker

Michigan House of Representatives

Messages from the Governor

Date: July 3, 2013

Time: 11:40 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4112 (Public Act No. 102, I.E.), being

An act to make, supplement, and adjust appropriations for various state departments and agencies, the judicial branch, and capital outlay for the fiscal years ending September 30, 2013 and September 30, 2014; and to provide for the expenditure of the appropriations.

(Filed with the Secretary of State July 3, 2013, at 4:15 p.m.)

Date: July 3, 2013

Time: 11:54 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4765 (Public Act No. 105, I.E.), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 3205e (MCL 600.3205e), as amended by 2012 PA 521; and to repeal acts and parts of acts.

(Filed with the Secretary of State July 3, 2013, at 4:21 p.m.)

Date: July 3, 2013

Time: 11:56 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4766 (Public Act No. 106, I.E.), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding section 3206.

(Filed with the Secretary of State July 3, 2013, at 4:23 p.m.)

Introduction of Bills

Rep. Lori introduced

House Bill No. 4891, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 221 (MCL 436.1221).

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

Reps. Genetski, Rendon, Lane, Potvin, Franz, Somerville, Kelly, MacGregor, MacMaster, Victory, Glardon, Cotter and Kurtz introduced

House Bill No. 4892, entitled

A bill to amend 1964 PA 286, entitled “An act to provide for the organization, powers, and duties of the state transportation commission and the state transportation department; to provide for the appointment, powers, and duties of the state transportation director; to abolish the office of state highway commissioner and the commissioner’s advisory board and to transfer their powers and duties; to provide for penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 7a (MCL 247.807a), as amended by 1981 PA 122, and by adding section 7b.

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

Rep. O’Brien introduced

House Bill No. 4893, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2, 7, and 8d (MCL 722.622, 722.627, and 722.628d), section 2 as amended by 2004 PA 563, section 7 as amended by 2011 PA 70, and section 8d as amended by 2006 PA 618.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Rep. Stallworth introduced

House Bill No. 4894, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1502a.

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

Reps. Kesto, Farrington, Callton, Yonker, Johnson, McBroom, MacGregor, McCready, Crawford, Haines, Heise, Hooker, Bumstead, Kowall, Cavanagh, Dianda and Kosowski introduced

House Bill No. 4895, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 535 (MCL 750.535), as amended by 2006 PA 374.

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

Reps. Kesto, Farrington, Callton, Yonker, Johnson, MacGregor, McCready, Crawford, Haines, Heise, Hooker, Bumstead, Kowall, Cavanagh, Dianda and Kosowski introduced

House Bill No. 4896, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16z of chapter XVII (MCL 777.16z), as amended by 2007 PA 20.

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

Rep. Olumba introduced

House Bill No. 4897, entitled

A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” (MCL 451.2101 to 451.2703) by adding section 6.

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

Reps. Genetski, Somerville, Franz, Howrylak and McMillin introduced

House Bill No. 4898, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by repealing part 1 (MCL 206.1 to 206.532).

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

Reps. Roberts, Geiss, Hovey-Wright, Barnett, Tlaib, Slavens, Lipton, Irwin, Townsend, Schor, Singh and Darany introduced

House Bill No. 4899, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301 and 61525 (MCL 324.1301 and 324.61525), section 1301 as amended by 2012 PA 249 and section 61525 as amended by 2004 PA 325.

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

Reps. Irwin, Tlaib, Hovey-Wright, Geiss, Robinson, Roberts, Barnett, Lipton, Cavanagh, Slavens, Schor, Singh and Darany introduced

House Bill No. 4900, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 61531, 61532, 61533, and 61534.

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

Reps. Hovey-Wright, Geiss, Tlaib, Lipton, Barnett, Cavanagh, Slavens, Irwin, Roberts, Townsend, Schor, Singh and Darany introduced

House Bill No. 4901, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 61501 (MCL 324.61501), as amended by 1998 PA 303, and by adding sections 61528, 61529, and 61530.

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

Reps. Tlaib, Hovey-Wright, Robinson, Roberts, Cavanagh, Barnett, Slavens, Lipton, Irwin, Schor, Singh and Darany introduced

House Bill No. 4902, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 20126b.

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

Reps. McCann, Tlaib, Geiss, Barnett, Hovey-Wright, Lipton, Cavanagh, Slavens, Irwin, Roberts, Townsend, Schor, Singh and Darany introduced

House Bill No. 4903, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32727 (MCL 324.32727), as amended by 2008 PA 183.

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

Reps. Driskell, Geiss, Barnett, Hovey-Wright, Tlaib, Slavens, Lipton, Irwin, Roberts, Townsend, Schor, Singh and Darany introduced

House Bill No. 4904, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending sections 102 and 205 (MCL 125.3102 and 125.3205), section 102 as amended by 2008 PA 12 and section 205 as amended by 2012 PA 389.

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

Reps. Cochran, Tlaib, Geiss, Barnett, Robinson, Cavanagh, Slavens, Lipton, Irwin, Roberts, Townsend, Schor, Singh and Darany introduced

House Bill No. 4905, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 61528.

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

Reps. Barnett, Tlaib, Hovey-Wright, Robinson, Roberts, Slavens, Lipton, Irwin, Townsend, Schor, Singh and Darany introduced

House Bill No. 4906, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 61506b (MCL 324.61506b), as added by 1998 PA 303.

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

Rep. Walsh introduced

House Bill No. 4907, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 78 and 79 (MCL 750.78 and 750.79), as amended by 2012 PA 533.

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

Rep. Walsh introduced

House Bill No. 4908, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16c of chapter XVII (MCL 777.16c), as amended by 2012 PA 534; and to repeal acts and parts of acts.

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

Reps. Irwin, Zemke, Singh, Dillon, Hobbs, Tlaib, Faris, Townsend, Schor, Segal, McCann, Lipton, Hovey-Wright, Slavens, Switalski, Robinson, Barnett, Roberts, Knezek, Geiss and Greimel introduced

House Bill No. 4909, entitled

A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending sections 2, 3, and 9 (MCL 551.2, 551.3, and 551.9), sections 2 and 3 as amended by 1996 PA 324; and to repeal acts and parts of acts.

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

Reps. Segal, Zemke, Singh, Irwin, Dillon, Hobbs, Tlaib, Faris, Townsend, Schor, McCann, Lipton, Hovey-Wright, Slavens, Switalski, Robinson, Barnett, Roberts, Knezek, Geiss and Greimel introduced

House Bill No. 4910, entitled

A bill to amend 1939 PA 168, entitled “An act to determine whether certain marriages solemnized in another state by individuals authorized to solemnize marriages under the laws of that state are to be recognized in this state,” by amending section 1 (MCL 551.271), as amended by 1996 PA 334; and to repeal acts and parts of acts.

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

Rep. Irwin introduced

House Bill No. 4911, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 539l and 540 (MCL 750.539l and 750.540), section 539l as added by 2010 PA 107 and section 540 as amended by 2006 PA 61.

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

Rep. McMillin introduced

House Bill No. 4912, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16aa of chapter XVII (MCL 777.16aa), as added by 2007 PA 20.

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

Rep. McMillin introduced

House Bill No. 4913, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2978.

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

Rep. McMillin introduced

House Bill No. 4914, entitled

A bill to require reporting of the activities of certain law enforcement units; and to prescribe certain powers and duties of certain state departments, agencies, and officers.

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

Rep. Lori introduced

House Bill No. 4915, entitled

A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2010 PA 280.

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

Reps. Brown, Kelly and Singh introduced

House Bill No. 4916, entitled

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

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. 4917, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 30A.

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

Reps. Singh, Zemke, Irwin, Dillon, Hobbs, Tlaib, Faris, Townsend, Schor, Segal, McCann, Lipton, Hovey-Wright, Slavens, Switalski, Robinson, Barnett, Roberts, Knezek, Geiss and Greimel introduced

House Joint Resolution V, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by repealing section 25 of article I, to allow the recognition of marriage or similar unions of two people.

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

Rep. Barnett introduced

House Joint Resolution W, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 10 to article VIII and by amending section 8 of article IX, to establish the postsecondary education fund, to increase the sales tax rate, to increase the use tax rate, and to dedicate that revenue to the postsecondary education fund.

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

Announcements by the Clerk

June 27, 2013

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

Single audit report for the State of Michigan for the period October 1, 2010 through September 30, 2011.

June 28, 2013

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

Single audit report for the State of Michigan for the period October 1, 2011 through September 30, 2012.

July 5, 2013

Received from the Auditor General a copy of the financial report with supplementary information of the Bureau of State Lottery for the six-month periods ended March 31, 2013 and 2012.

Gary L. Randall

Clerk of the House

July 8, 2013

Received from the Municipal Employees’ Retirement System the Comprehensive Annual Financial Report for the Year Ending December 31, 2012, pursuant to the requirements of the MERS Plan Document and MCL 38.1536(2)(f), which is available on their website at: www.mersofmich.com .

Gary L. Randall

Clerk of the House

______

The Speaker declared the House adjourned until Friday, August 2, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives

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