No. 73

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Thursday, September 12, 2013.

12:00 Noon.

The House was called to order by the Speaker.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Abed—present Glardon—present Lauwers—present Roberts—present

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

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

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

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

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

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

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

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

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

Clemente—present Hovey-Wright—excused 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

Pastor Mark Van Valin, Pastor of Spring Arbor Free Methodist Church in Spring Arbor, offered the following invocation:

“Heavenly Father.

We pause this day to acknowledge You as the Source of all that is right, lovely, and true. You are God, and we, quite frankly, humbly confess that we are not.

I offer my gratitude to You for these good servants - for the representation here of such a variety of experiences, perspectives, and spheres of influence that makes the wisdom of this assembly, together, greater than any one member possesses. I thank You as well for the responsibility You have entrusted to them – that which You entrust to us all - to care for things that matter deeply to You: namely, people, and especially those among us who have no voice. This is work that You want done, and in serving others, we serve You.

We confess our need for You today. We need One Who is wiser and stronger than us. Grant us wisdom to discern the truth even if louder voices call us elsewhere. Grant us humility to serve, even when someone else gets credit. Grant us courage to do the right thing, even if it costs us. And grant us grace when we disagree, even if we are certain we are right!

The needs of our great State present a daunting challenge today. When one region suffers, we all suffer. When one region thrives, we all benefit. Lord, pour out Your Spirit of righteousness and peace on the people of the state of Michigan. Apply the promise of Your word to us today, that wherever Your people, who are called by Your name, will humble ourselves and pray and seek Your face, and turn from our wicked ways, You will indeed hear from heaven, and forgive our sin, and heal our land.

Amen.”

______

Rep. Rutledge moved that Rep. Hovey-Wright be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Farrington, Kandrevas, Clemente, Brown, Crawford, Durhal, Haines, Heise, Howrylak, MacMaster, Price, Roberts and Slavens offered the following resolution:

House Resolution No. 214.

A resolution to recognize the environmental achievements of Ford Motor Company.

Whereas, Ford Motor Company, a global automotive industry leader based in Dearborn, Mich., manufactures or distributes automobiles across six continents. With about 177,000 employees and 65 plants worldwide, the company’s automotive brands include Ford and Lincoln. The company provides financial services through Ford Motor Credit Company; and

Whereas, Michigan plays a central role in Ford’s worldwide operation employing about 40,000 people, the headquarters for global product development, 13 major manufacturing facilities, major test tracks, and annually purchases more than $15.5 billion worth of goods and services from Michigan based suppliers; and

Whereas, Ford’s facilities in Michigan and globally are committed to protecting human health and the environment. Ford’s policies require that operations, products, and services accomplish their functions in a manner providing responsibly for protection of health and the environment; and

Whereas, Ford is committed to meeting regulatory requirements applying to its business and regulatory compliance represents a minimum requirement when regarding health and environmental concerns. When necessary and appropriate, Ford establishes and complies with internally developed standards, which often go beyond legal mandates; and

Whereas, Ford’s policy of responsibly protecting health and the environment is based on two fundamental principles of protection of health and environment and consideration of potential health and environmental effects as well as future regulatory requirements; and

Whereas, Two of Ford’s Michigan-based facilities, Van Dyke Transmission Plant and Engine Manufacturing Development Operations, are being recognized by the Michigan Department of Environmental Quality as Neighborhood Environmental Partners; and

Whereas, The Van Dyke Transmission plant opened in Sterling Heights in 1968. The plant is almost 2 million square feet in size and employs approximately 1,400 people and has been a Michigan Clean Corporate Citizen since 1997. Since its inception the plant has produced a variety of transmissions for a range of Ford vehicles. In August 2012, Van Dyke Transmission added capacity to build a hybrid transmission supporting the Ford C-MAX Hybrid, C-MAX Energi plug-in Hybrid, Fusion Hybrid, Fusion Energi plug-in Hybrid and Lincoln MKZ Hybrid; and

Whereas, Van Dyke Transmission Plant became Ford’s first North American transmission plant to achieve zero waste to landfill. In 2012, Van Dyke Transmission Plant recycled 6 tons of paper, 90 tons of wood, and 9,700 tons of scrap metal. From 2010 to 2012, Van Dyke Transmission Plant’s efforts reduced the amount of waste sent to landfill by 111 tons. General refuse is now sent to a waste to energy facility, which uses the combustion of organic materials for energy recovery; and

Whereas, Ford’s Engine Manufacturing Development Operations located in Allen Park, opened in 1979, encompassing over 220,000 square feet, is a research and development facility building advanced prototype engines. The facility employs approximately 140 people and has been a Michigan Clean Corporate Citizen since 2001. In 2012, Engine Development Manufacturing Operations recycled 43 tons of paper, 68 tons of wood and 23 tons of cardboard; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the environmental achievements of Ford Motor Company. We honor Ford and their facilities for their outstanding commitment to the health and environment of Michigan and its residents.

The resolution was referred to the Committee on Commerce.

Reps. Segal, Brown, Durhal, Heise, Howrylak, Price, Santana, Singh and Slavens offered the following resolution:

House Resolution No. 215.

A resolution to commemorate the 100th anniversary of Starr Commonwealth.

Whereas, In 1913, a young man named Floyd Starr purchased a ramshackle barn and 40 acres in Albion, MI, and founded Starr Commonwealth as a refuge for homeless, dependent, neglected, and delinquent boys; and

Whereas, Since 1913, Starr Commonwealth has worked to transform the lives of children and their families by creating environments where they can flourish; and

Whereas, Starr Commonwealth is internationally recognized as a leader in transformational programs for children, families, schools, and communities; and

Whereas, Starr Commonwealth’s practices and principles are supported by a century of success in the treatment of troubled youth and confirmed by emerging research in behavioral health and neuroscience; and

Whereas, Starr Commonwealth’s community-based programs, residential treatment services, educational services, and professional training represent the international standard of excellence in identifying, treating, and healing trauma and pain-based behavior, and building resiliency in children and adolescents; and

Whereas, Every member of Starr Commonwealth has a deep desire to see children and families succeed and grow, spending decades building and refining their strength-based approach to treating troubled youth; and

Whereas, Starr Commonwealth serves thousands of children, adults, families, and communities around the country through community-based early intervention and preventative services, specialized residential programs, and education services, with training programs and conferences that equip professionals from around the world; and

Whereas, Starr Commonwealth understands the importance of effective collaborations and has maintained its leadership through licensure, accreditation, and strategic alliance with national childcare and service organizations, as well as specific trade and business affiliations; and

Whereas, Starr Commonwealth welcomes families from all over the world and has impacted the lives of children from all 50 states and more than 60 countries; and

Whereas, Starr Commonwealth believes that when you treat a child with dignity and respect, it changes that child’s heart, and in the end, that is what changes a child’s life; and

Whereas, Starr Commonwealth has strived to and succeeded in changing lives, one child at a time; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 100th anniversary of Starr Commonwealth. We offer congratulations to the organization, which is headquartered in Albion, Michigan; and be it further

Resolved, That we applaud the century of hard work, commitment, and enthusiasm displayed by Starr Commonwealth to improve the lives of children throughout Michigan, the United States, and the world; and be it further

Resolved, That we extend our sincerest wishes that this outstanding organization enjoys at least another century of success, dutifully carrying out their mission and fulfilling the vision of their founder.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. McMillin, Genetski, Somerville, Howrylak, Johnson, VerHeulen, McBroom, Goike, Stallworth, Pscholka, MacMaster, Irwin, Robinson, Hooker and O’Brien offered the following resolution:

House Resolution No. 216.

A resolution to urge Congress to require the National Security Agency to obtain individual search warrants for a named person(s) to collect or track phone data and metadata as required by the Fourth Amendment of the United States Constitution.

Whereas, The National Security Agency (NSA) has been given broad power by rulings of the Foreign Intelligence Surveillance Court to collect vast amounts of data from Americans’ cell phones and Internet usage to pursue terrorism suspects. These rulings allow the NSA to spy on Americans which contradicts our Constitution, specifically the Fourth Amendment, which requires probable cause and a search warrant to collect such data. The rulings also establish judicial precedent with almost no public scrutiny; and

Whereas, The NSA acknowledges that it collects the telephone records of millions of Americans. Data collected include phone numbers called and length of each call, and provides access to location information. Over the past decade, the NSA has also collected email metadata – including sender address, recipients, and IP addresses – and Internet sites visited; and

Whereas, More than half of Americans believe these programs encroach on our privacy and that these intrusions are unjustified. The NSA has no proof that the current system is effective. Additionally, such data collection is unethical; and

Whereas, Congress has so far failed to restrict the NSA’s violation of the constitutionally protected right to privacy of American citizens. The U.S. House of Representatives has rejected amendments which would prohibit the NSA from using federal funds to execute a Foreign Intelligence Surveillance Court order unless that order specifically restricted phone data collection; now, therefore, be it

Resolved by the House of Representatives, That we urge Congress to require the National Security Agency to obtain individual search warrants for a named person(s) to collect or track phone data and metadata as required by the Fourth Amendment of the United States Constitution; 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 Criminal Justice.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 30.

A resolution to urge Congress to enact amendments to the federal Electronic Communications Privacy Act to require law enforcement authorities to have a warrant to access e-mail, no matter the age or location of the e-mail.

(For text of resolution, see House Journal No. 14, p. 158.)

(The resolution was reported by the Committee on Energy and Technology on September 10.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 41.

A resolution to declare September 9, 2013, as Fetal Alcohol Spectrum Disorders Awareness Day in the state of Michigan.

(For text of resolution, see House Journal No. 21, p. 239.)

(The resolution was reported by the Committee on Health Policy on September 10.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 43.

A resolution to declare September 15-21, 2013, as Teen Cancer Awareness Week in the state of Michigan.

(For text of resolution, see House Journal No. 21, p. 240.)

(The resolution was reported by the Committee on Health Policy on September 10.)

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4284, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81131 and 81133 (MCL 324.81131 and 324.81133), section 81131 as amended by 2011 PA 107 and section 81133 as amended by 2012 PA 340.

(The bill was received from the Senate on June 19, with substitute (S-2) and title amendment, consideration of which, under the rules, was postponed until June 20, see House Journal No. 62, p. 1302.)

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

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

Roll Call No. 273 Yeas—103

Abed Genetski Lane Pscholka

Banks Glardon Lauwers Rendon

Barnett Goike LaVoy Roberts

Bolger Graves Leonard Rogers

Brinks Greimel Lipton Santana

Brown Haines Lori Schmidt

Brunner Haugh Lund Schor

Bumstead Haveman Lyons Segal

Callton Heise MacGregor Shirkey

Cavanagh Hobbs MacMaster Singh

Clemente Hooker McBroom Slavens

Cochran Howrylak McCann Smiley

Cotter Irwin McCready Somerville

Crawford Jacobsen McMillin Stamas

Daley Jenkins Muxlow Stanley

Darany Johnson Nathan Switalski

Denby Kandrevas Nesbitt Talabi

Dianda Kelly O’Brien Townsend

Dillon Kesto Oakes VerHeulen

Driskell Kivela Olumba Victory

Durhal Knezek Outman Walsh

Faris Kosowski Pagel Yanez

Farrington Kowall Pettalia Yonker

Forlini Kurtz Poleski Zemke

Foster LaFontaine Potvin Zorn

Franz Lamonte Price

Nays—5

Geiss Rutledge Stallworth Tlaib

Robinson

In The Chair: Walsh

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 4299, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81131 (MCL 324.81131), as amended by 2011 PA 107.

(The bill was received from the Senate on June 19, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 20, see House Journal No. 62, p. 1303.)

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

Rep. Bumstead moved to amend the Senate substitute (S-2) as follows:

1. Amend page 2, line 10, after “on” by striking out “the maintained portion of”.

2. Amend page 3, line 3, after “(3)” by striking out the balance of the line through “safety.” on line 5 and inserting a period.

3. Amend page 3, line 15, after “(3).” by inserting “A COUNTY ROAD MAY BE CLOSED TO THE OPERATION OF ORVS UNDER THIS SUBSECTION ONLY TO PROTECT THE ENVIRONMENT OR IF THE OPERATION OF ORVS POSES A PARTICULAR AND DEMONSTRABLE THREAT TO PUBLIC SAFETY.”.

4. Amend page 5, line 20, by striking out “SEGMENT OF”.

5. Amend page 7, line 7, after “maintain” by inserting “THE MAINTAINED PORTION OR UNMAINTAINED PORTION OF”.

6. Amend page 7, line 9, after “IN” by striking out “A CONDITION” and inserting “REASONABLE REPAIR SO THAT IT IS”.

7. Amend page 7, line 10, after “ORVS” by inserting “EXCEPT ORVS REGISTERED AND OPERATED AS MOTOR VEHICLES AS PROVIDED IN THE CODE”.

8. Amend page 7, line 12, after “maintain” by inserting “THE MAINTAINED PORTION OR UNMAINTAINED PORTION OF”.

9. Amend page 7, line 15, after “registered” by inserting “AND OPERATED”.

10. Amend page 7, line 18, after “(15)” by striking out “THIS” and inserting “SUBJECT TO SECTION 5 OF 1964 PA 170, MCL 691.1405, THIS”.

11. Amend page 7, line 19, after the second “commissioners,” by striking out the balance of the line through line 20 and inserting “and a LOCAL UNIT OF GOVERNMENT”.

12. Amend page 7, line 22, after “use” by inserting a comma and “ON THE MAINTAINED PORTION OR UNMAINTAINED PORTION OF A HIGHWAY, ROAD, OR STREET,”.

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

Rep. Bumstead moved to amend the Senate substitute (S-2) as follows:

1. Amend page 8, line 2, after “actions” by inserting “OF AN EMPLOYEE OF THIS STATE, AN EMPLOYEE OF A BOARD OF COUNTY ROAD COMMISSIONERS, AN EMPLOYEE OF A COUNTY BOARD OF COMMISSIONERS, OR AN EMPLOYEE OF A LOCAL UNIT OF GOVERNMENT”.

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

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

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

Roll Call No. 274 Yeas—101

Abed Genetski Lamonte Price

Banks Glardon Lane Pscholka

Barnett Goike Lauwers Rendon

Bolger Graves LaVoy Roberts

Brinks Greimel Leonard Rogers

Brown Haines Lipton Santana

Brunner Haugh Lori Schmidt

Bumstead Haveman Lund Schor

Callton Heise Lyons Segal

Cavanagh Hobbs MacGregor Shirkey

Clemente Hooker MacMaster Singh

Cochran Howrylak McBroom Slavens

Cotter Irwin McCann Smiley

Crawford Jacobsen McCready Somerville

Daley Jenkins McMillin Stamas

Darany Johnson Muxlow Stanley

Denby Kandrevas Nesbitt Switalski

Dianda Kelly O’Brien Talabi

Dillon Kesto Oakes Townsend

Driskell Kivela Olumba VerHeulen

Durhal Knezek Outman Victory

Faris Kosowski Pagel Walsh

Farrington Kowall Pettalia Yonker

Forlini Kurtz Poleski Zemke

Foster LaFontaine Potvin Zorn

Franz

Nays—7

Geiss Robinson Stallworth Yanez

Nathan Rutledge Tlaib

In The Chair: Walsh

The House agreed to the full title.

Second Reading of Bills

Senate Bill No. 257, entitled

A bill to amend 1961 PA 120, entitled “An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; to provide for the creation, operation, and dissolution of business improvement zones; and to authorize the collection of revenue and the bonding of certain local governmental units for the development or redevelopment projects,” by amending sections 10, 10a, 10b, 10c, 10e, 10f, 10g, 10h, 10i, 10k, and 10l (MCL 125.990, 125.990a, 125.990b, 125.990c, 125.990e, 125.990f, 125.990g, 125.990h, 125.990i, 125.990k, and 125.990l), as added by 2001 PA 260, and by adding section 10n; 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-1) previously recommended by the Committee on Commerce,

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

Rep. Lyons moved to amend the bill as follows:

1. Amend page 2, following line 15, by inserting:

“(F) “LOCAL GOVERNMENTAL UNIT” MEANS A CITY, VILLAGE, OR TOWNSHIP.” and relettering the remaining subdivisions.

2. Amend page 3, line 6, after the third “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

3. Amend page 5, line 26, after the first “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

4. Amend page 6, line 5, after “a” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

5. Amend page 6, line 17, after “a” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

6. Amend page 6, line 18, after “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

7. Amend page 7, line 10, after “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

8. Amend page 7, line 25, after “THE” by striking out “CITY OR VILLAGE” and inserting “LOCAL GOVERNMENTAL UNIT”.

9. Amend page 8, line 25, after the second “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

10. Amend page 8, line 26, after the second “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

11. Amend page 9, line 6, by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

12. Amend page 9, line 25, after the second “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

13. Amend page 9, line 27, after the second “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

14. Amend page 10, line 5, after the first “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

15. Amend page 10, line 9, after the second “A” by striking out “CITY OF VILLAGE” and inserting “LOCAL GOVERNMENTAL UNIT”.

16. Amend page 10, line 18, after “THE” by striking out “CITY OR VILLAGE” and inserting “LOCAL GOVERNMENTAL UNIT”.

17. Amend page 10, line 22, after “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

18. Amend page 10, line 27, after the second “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

19. Amend page 11, line 3, by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

20. Amend page 11, line 5, after the first “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

21. Amend page 11, line 8, after “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

22. Amend page 11, line 19, after the first “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

23. Amend page 12, line 27, after the second “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

24. Amend page 13, line 1, by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

25. Amend page 13, line 3, by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

26. Amend page 13, line 13, after “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

27. Amend page 13, line 18, after “a” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

28. Amend page 14, line 1, after the first “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

29. Amend page 14, line 2, after “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

30. Amend page 14, line 23, after the first “THE” by striking out “CITY OR VILLAGE” and inserting “LOCAL GOVERNMENTAL UNIT”.

31. Amend page 15, line 7, after the first “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

32. Amend page 15, line 12, after the second “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

33. Amend page 15, line 16, after the first “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

34. Amend page 15, line 18, after the fourth “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

35. Amend page 16, line 10, after the second “THE” by striking out “CITY OR VILLAGE” and inserting “LOCAL GOVERNMENTAL UNIT”.

36. Amend page 16, line 25, after the second “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

37. Amend page 17, line 20, after the first “THE” by striking out “CITY OR VILLAGE” and inserting “LOCAL GOVERNMENTAL UNIT”.

38. Amend page 18, following line 5, by inserting:

“Sec. 10j. A zone plan may be amended. Amendments shall be effective if approved by a majority of the property owners voting on the amendment at the annual meeting of property owners or a special meeting called for that purpose, with the votes of the property owners weighted in accordance with section 10f(2). A zone plan amendment changing any assessment is effective only if also approved by the governing body of the ~~city or village~~ LOCAL GOVERNMENTAL UNIT in which the business improvement zone is located.”.

39. Amend page 18, line 21, after the second “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

40. Amend page 18, line 24, after “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

41. Amend page 20, line 1, after the second “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

42. Amend page 20, line 2, after the second “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

43. Amend page 20, line 6, after the second “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

44. Amend page 20, line 8, after the first “the” by striking out “city or village” and inserting “LOCAL GOVERNMENTAL UNIT”.

45. Amend page 20, following line 8, by inserting:

“Sec. 10m. (1) The board shall conduct business at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(2) A meeting of property owners under section 10c shall be conducted at a public meeting held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of the meeting shall be given in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(3) A writing prepared, owned, used, in the possession of, or retained by the business improvement zone in the performance of its duties under this chapter is a public record under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(4) All meetings of the board or property owners described in this act shall be conducted within the ~~city or village~~ LOCAL GOVERNMENTAL UNIT in which the business improvement zone is or is to be located.”.

46. Amend page 20, line 10, after “SAME” by striking out “CITY OR VILLAGE” and inserting “LOCAL GOVERNMENTAL UNIT”.

47. Amend page 20, line 13, after the second “THE” by striking out “CITY OR VILLAGE” and inserting “LOCAL GOVERNMENTAL UNIT”.

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

Rep. Stamas moved to reconsider the vote by which the House adopted the amendments.

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

The question being on the adoption of the amendments offered by Rep. Lyons,

The amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Shirkey moved to amend the bill as follows:

1. Amend page 4, line 21, by striking out all of subdivision (l).

2. Amend page 6, line 4, after “(1)” by striking out “ONE” and inserting “Except as provided in subsection (4), 1”.

3. Amend page 6, line 16, after “(3)” by striking out “A” and inserting “Except as provided in subsection (4), a”.

4. Amend page 6, following line 24, by inserting:

“(4) BEGINNING ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, A NEW BUSINESS IMPROVEMENT ZONE SHALL ONLY BE ESTABLISHED IN A CITY OR OTHER LOCAL GOVERNMENTAL UNIT WITH A POPULATION OF 600,000 OR MORE ACCORDING TO THE MOST RECENT DECENNIAL CENSUS.”.

5. Amend page 8, line 27, after “within” by striking out “28” and inserting “45”.

6. Amend page 9, line 3, after “mail” by inserting “NOT LESS THAN 21 DAYS PRIOR TO THE SCHEDULED DATE OF THE PUBLIC HEARING”.

7. Amend page 9, line 22, by striking out “VOTING AT THE MEETING”.

8. Amend page 9, line 23, after “OWNERS” by striking out “AT THE MEETING”.

9. Amend page 10, line 9, after “VILLAGE” by striking out “SHALL” and inserting “MAY”.

10. Amend page 11, line 7, after “than” by striking out “28” and inserting “30”.

11. Amend page 11, line 8, by striking out “ONCE” and inserting “twice”.

12. Amend page 11, line 9, after “located” by inserting a period and “The first publication shall”.

13. Amend page 11, line 10, after “not” by inserting “be”.

14. Amend page 11, line 10, after the first “than” by striking out “7” and inserting “10”.

15. Amend page 11, line 10, after the second “than” by striking out “21” and inserting “30”.

16. Amend page 11, line 11, after “election.” by inserting “The second publication shall not be published less than 1 week after the first publication.”.

17. Amend page 14, line 1, after “and” by striking out “CONFIRMED” and inserting “approved”.

18. Amend page 14, line 2, after “village.” by striking out the balance of the subsection.

19. Amend page 14, line 21, after “property.” by striking out the balance of the subsection.

20. Amend page 15, line 11, after “subsection” by striking out “(6)” and inserting “(7)”.

21. Amend page 15, line 23, by inserting:

“(6) An assessment imposed under this act is not a special assessment collected under the general property tax act, 1893 PA 206, MCL 211.1 to ~~211.157.~~211.155.” and renumbering the remaining subsections.

22. Amend page 16, line 8, after “interest.” by striking out the balance of the subsection.

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

Rep. Foster moved to amend the bill as follows:

1. Amend page 14, line 27, after “OWNERS.” by inserting “AN AGREEMENT PROVIDING FOR THE PROVISION OF BUSINESS ZONE ACTIVITIES OR SERVICES DESCRIBED IN THIS SUBSECTION SHALL BE IN WRITING AND SHALL BE MADE AVAILABLE TO ALL PROPERTY OWNERS OF ASSESSABLE PROPERTY IN THE ZONE AREA.”.

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

Rep. Foster moved to amend the bill as follows:

1. Amend page 16, line 20, after “TAXES.” by inserting “IF A PARCEL OF ASSESSABLE PROPERTY THAT HAS A DELINQUENT AND UNPAID ASSESSMENT IS SOLD TO A PURCHASER WHO IS NOT RELATED OR AFFILIATED TO THE SELLER, AS DETERMINED BY THE BOARD, THE BOARD MAY REDUCE OR ELIMINATE ANY DELINQUENT AND UNPAID ASSESSMENT ON THAT PARCEL OF ASSESSABLE PROPERTY IF THE PROPERTY IS NOT SUBJECT TO FORFEITURE, FORECLOSURE, AND SALE UNDER SECTIONS 78 TO 79A OF THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.78 TO 211.79A.”.

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

Rep. Foster moved to amend the bill as follows:

1. Amend page 16, line 20, after “TAXES.” by inserting “IF THE DELINQUENT PROPERTY TAXES ARE PAID, THE PROPERTY MAY NOT BE FORFEITED, FORECLOSED, AND SOLD FOR AN UNPAID ASSESSMENT UNDER THIS CHAPTER.”.

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.

Senate Bill No. 162, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 8 of chapter II (MCL 762.8).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4013, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106 (MCL 400.106), as amended by 2006 PA 144, and by adding section 106b.

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

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

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

The motion prevailed.

House Bill No. 4833, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 867 and 881 (MCL 168.867 and 168.881), section 867 as amended by 1980 PA 200 and section 881 as amended by 1995 PA 261.

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

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

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

The motion prevailed.

Pending the Second Reading of

Senate Bill No. 279, 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.

Rep. Stamas moved that the bill be re-referred to the Committee on Regulatory Reform.

The motion prevailed.

House Bill No. 4961, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 1998 PA 516.

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

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

Rep. MacGregor 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

Third Reading of Bills

Senate Bill No. 50, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81101, 81115, 81122, 81129, and 81133 (MCL 324.81101, 324.81115, 324.81122, 324.81129, and 324.81133), section 81101 as amended by 2012 PA 246, sections 81115 and 81129 as amended by 2008 PA 240, section 81122 as added by 1995 PA 58, and section 81133 as amended by 2012 PA 340; and to repeal acts and parts of acts.

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

Roll Call No. 275 Yeas—80

Bolger Haines LaVoy Poleski

Brown Haugh Leonard Potvin

Brunner Haveman Lori Price

Bumstead Heise Lund Pscholka

Callton Hooker Lyons Rendon

Clemente Howrylak MacGregor Rogers

Cotter Jacobsen MacMaster Santana

Crawford Jenkins McBroom Schmidt

Daley Johnson McCann Segal

Darany Kandrevas McCready Shirkey

Denby Kelly McMillin Smiley

Dianda Kesto Muxlow Somerville

Farrington Kivela Nathan Stamas

Forlini Kosowski Nesbitt Stanley

Foster Kowall O’Brien Switalski

Franz Kurtz Oakes VerHeulen

Genetski LaFontaine Olumba Victory

Glardon Lamonte Outman Walsh

Goike Lane Pagel Yonker

Graves Lauwers Pettalia Zorn

Nays—28

Abed Driskell Knezek Slavens

Banks Durhal Lipton Stallworth

Barnett Faris Roberts Talabi

Brinks Geiss Robinson Tlaib

Cavanagh Greimel Rutledge Townsend

Cochran Hobbs Schor Yanez

Dillon Irwin Singh Zemke

In The Chair: Walsh

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

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

A bill to amend 1994 PA 451, entitled “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,” by amending sections 81101, 81115, 81122, 81129, 81133, and 81147 (MCL 324.81101, 324.81115, 324.81122, 324.81129, 324.81133, and 324.81147), section 81101 as amended by 2012 PA 246, sections 81115, 81129, and 81147 as amended by 2008 PA 240, section 81122 as added by 1995 PA 58, and section 81133 as amended by 2012 PA 340; and to repeal acts and parts of acts.

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.

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.

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

Roll Call No. 276 Yeas—108

Abed Genetski Lauwers Roberts

Banks Glardon LaVoy Robinson

Barnett Goike Leonard Rogers

Bolger Graves Lipton Rutledge

Brinks Greimel Lori Santana

Brown Haines Lund Schmidt

Brunner Haugh Lyons Schor

Bumstead Haveman MacGregor Segal

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Singh

Clemente Hooker McCann Slavens

Cochran Howrylak McCready Smiley

Cotter Irwin McMillin Somerville

Crawford Jacobsen Muxlow Stallworth

Daley Jenkins Nathan Stamas

Darany Johnson Nesbitt Stanley

Denby Kandrevas O’Brien Switalski

Dianda Kelly Oakes Talabi

Dillon Kesto Olumba Tlaib

Driskell Kivela Outman Townsend

Durhal Knezek Pagel VerHeulen

Faris Kosowski Pettalia Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Nays—0

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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

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. 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.

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

Roll Call No. 277 Yeas—108

Abed Genetski Lauwers Roberts

Banks Glardon LaVoy Robinson

Barnett Goike Leonard Rogers

Bolger Graves Lipton Rutledge

Brinks Greimel Lori Santana

Brown Haines Lund Schmidt

Brunner Haugh Lyons Schor

Bumstead Haveman MacGregor Segal

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Singh

Clemente Hooker McCann Slavens

Cochran Howrylak McCready Smiley

Cotter Irwin McMillin Somerville

Crawford Jacobsen Muxlow Stallworth

Daley Jenkins Nathan Stamas

Darany Johnson Nesbitt Stanley

Denby Kandrevas O’Brien Switalski

Dianda Kelly Oakes Talabi

Dillon Kesto Olumba Tlaib

Driskell Kivela Outman Townsend

Durhal Knezek Pagel VerHeulen

Faris Kosowski Pettalia Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Nays—0

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 provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; 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. 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.

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

Roll Call No. 278 Yeas—108

Abed Genetski Lauwers Roberts

Banks Glardon LaVoy Robinson

Barnett Goike Leonard Rogers

Bolger Graves Lipton Rutledge

Brinks Greimel Lori Santana

Brown Haines Lund Schmidt

Brunner Haugh Lyons Schor

Bumstead Haveman MacGregor Segal

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Singh

Clemente Hooker McCann Slavens

Cochran Howrylak McCready Smiley

Cotter Irwin McMillin Somerville

Crawford Jacobsen Muxlow Stallworth

Daley Jenkins Nathan Stamas

Darany Johnson Nesbitt Stanley

Denby Kandrevas O’Brien Switalski

Dianda Kelly Oakes Talabi

Dillon Kesto Olumba Tlaib

Driskell Kivela Outman Townsend

Durhal Knezek Pagel VerHeulen

Faris Kosowski Pettalia Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Nays—0

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 make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; 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. 357, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 778 (MCL 450.1778), as amended by 1993 PA 91.

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

Roll Call No. 279 Yeas—106

Abed Glardon LaVoy Roberts

Banks Goike Leonard Rogers

Barnett Graves Lipton Rutledge

Bolger Greimel Lori Santana

Brinks Haines Lund Schmidt

Brown Haugh Lyons Schor

Brunner Haveman MacGregor Segal

Bumstead Heise MacMaster Shirkey

Callton Hobbs McBroom Singh

Cavanagh Hooker 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 Poleski Walsh

Farrington Kurtz Potvin Yanez

Forlini LaFontaine Price Yonker

Foster Lamonte Pscholka Zemke

Franz Lane Rendon Zorn

Genetski Lauwers

Nays—2

Geiss 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 provide for the organization and regulation of corporations; to prescribe their duties, rights, powers, immunities and liabilities; to provide for the authorization of foreign corporations within this state; to prescribe the functions of the administrator of this act; to prescribe penalties for violations of this act; and to repeal certain 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.

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.

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

Roll Call No. 280 Yeas—58

Bolger Haines Lyons Potvin

Bumstead Haveman MacGregor Price

Callton Heise MacMaster Pscholka

Cotter Jacobsen McBroom Rendon

Crawford Jenkins McCready Rogers

Daley Johnson McMillin Santana

Denby Kelly Muxlow Schmidt

Farrington Kesto Nesbitt Shirkey

Forlini Kowall O’Brien Stamas

Foster Kurtz Olumba VerHeulen

Franz LaFontaine Outman Victory

Genetski Lauwers Pagel Walsh

Glardon Leonard Pettalia Yonker

Goike Lori Poleski Zorn

Graves Lund

Nays—50

Abed Durhal Lamonte Singh

Banks Faris Lane Slavens

Barnett Geiss LaVoy Smiley

Brinks Greimel Lipton Somerville

Brown Haugh McCann Stallworth

Brunner Hobbs Nathan Stanley

Cavanagh Hooker Oakes Switalski

Clemente Howrylak Roberts Talabi

Cochran Irwin Robinson Tlaib

Darany Kandrevas Rutledge Townsend

Dianda Kivela Schor Yanez

Dillon Knezek Segal Zemke

Driskell Kosowski

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 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.

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

Roll Call No. 281 Yeas—82

Banks Haines MacGregor Rogers

Bolger Haveman MacMaster Rutledge

Brown Heise McBroom Santana

Bumstead Howrylak McCann Schmidt

Callton Irwin McCready Schor

Cavanagh Jacobsen Muxlow Segal

Clemente Jenkins Nathan Singh

Cotter Johnson Nesbitt Slavens

Crawford Kandrevas O’Brien Smiley

Daley Kelly Oakes Stallworth

Darany Kesto Olumba Stamas

Denby Kowall Outman Talabi

Durhal Kurtz Pagel Tlaib

Faris LaFontaine Pettalia Townsend

Forlini Lauwers Poleski VerHeulen

Foster LaVoy Potvin Victory

Franz Leonard Price Walsh

Genetski Lipton Pscholka Yonker

Glardon Lori Rendon Zemke

Goike Lund Roberts Zorn

Graves Lyons

Nays—26

Abed Driskell Kivela Robinson

Barnett Farrington Knezek Shirkey

Brinks Geiss Kosowski Somerville

Brunner Greimel Lamonte Stanley

Cochran Haugh Lane Switalski

Dianda Hobbs McMillin Yanez

Dillon Hooker

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.

Pending the Third Reading of

Senate Bill No. 300, entitled

A bill to create the Michigan indigent defense commission and to provide for its powers and duties; to provide indigent defendants in criminal cases with effective assistance of counsel; to provide standards for the appointment of legal counsel; to provide for and limit certain causes of action; and to provide for certain appropriations and grants.

Rep. Stamas moved that the bill be referred to the Committee on Judiciary.

The motion prevailed.

Rep. Stamas moved that House Bill No. 4961 be placed on its immediate passage.

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

House Bill No. 4961, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 1998 PA 516.

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

Roll Call No. 282 Yeas—108

Abed Genetski Lauwers Roberts

Banks Glardon LaVoy Robinson

Barnett Goike Leonard Rogers

Bolger Graves Lipton Rutledge

Brinks Greimel Lori Santana

Brown Haines Lund Schmidt

Brunner Haugh Lyons Schor

Bumstead Haveman MacGregor Segal

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Singh

Clemente Hooker McCann Slavens

Cochran Howrylak McCready Smiley

Cotter Irwin McMillin Somerville

Crawford Jacobsen Muxlow Stallworth

Daley Jenkins Nathan Stamas

Darany Johnson Nesbitt Stanley

Denby Kandrevas O’Brien Switalski

Dianda Kelly Oakes Talabi

Dillon Kesto Olumba Tlaib

Driskell Kivela Outman Townsend

Durhal Knezek Pagel VerHeulen

Faris Kosowski Pettalia Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lane Rendon Zorn

Nays—0

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. 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.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Foster moved to amend the bill as follows:

1. Amend page 1, line 7, after “MAKE” by inserting “OR PURCHASE”.

2. Amend page 2, line 15, after “MAKE” by inserting “OR PURCHASE”.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 283 Yeas—88

Abed Forlini Lauwers Rutledge

Banks Foster LaVoy Santana

Barnett Geiss Lipton Schmidt

Bolger Glardon Lori Schor

Brinks Graves Lyons Segal

Brown Greimel MacGregor Singh

Brunner Haines McCann Slavens

Bumstead Haugh McCready Smiley

Callton Haveman Muxlow Stallworth

Cavanagh Heise Nathan Stamas

Clemente Hobbs O’Brien Stanley

Cochran Irwin Oakes Switalski

Crawford Jacobsen Olumba Talabi

Daley Jenkins Outman Tlaib

Darany Kandrevas Pagel Townsend

Denby Kivela Pettalia VerHeulen

Dianda Knezek Poleski Victory

Dillon Kosowski Potvin Walsh

Driskell Kowall Pscholka Yanez

Durhal Kurtz Rendon Yonker

Faris Lamonte Roberts Zemke

Farrington Lane Rogers Zorn

Nays—20

Cotter Howrylak Leonard Nesbitt

Franz Johnson Lund Price

Genetski Kelly MacMaster Robinson

Goike Kesto McBroom Shirkey

Hooker LaFontaine McMillin Somerville

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 state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations 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.

Rep. Stamas moved that Senate Bill No. 257 be placed on its immediate passage.

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

Senate Bill No. 257, 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. 284 Yeas—77

Abed Forlini Lamonte Rutledge

Barnett Foster Lane Santana

Bolger Geiss LaVoy Schmidt

Brinks Glardon Leonard Schor

Brown Graves Lipton Segal

Brunner Greimel Lori Singh

Callton Haines Lyons Slavens

Cavanagh Haugh McCann Smiley

Clemente Haveman McCready Stallworth

Cochran Heise Muxlow Stamas

Crawford Hobbs Nathan Stanley

Daley Jacobsen Nesbitt Switalski

Darany Kandrevas Oakes Talabi

Denby Kelly Olumba Tlaib

Dianda Kesto Pagel Townsend

Dillon Kivela Pettalia Walsh

Driskell Knezek Pscholka Yanez

Durhal Kosowski Roberts Zemke

Faris Kowall Rogers Zorn

Farrington

Nays—31

Banks Irwin MacMaster Rendon

Bumstead Jenkins McBroom Robinson

Cotter Johnson McMillin Shirkey

Franz Kurtz O’Brien Somerville

Genetski LaFontaine Outman VerHeulen

Goike Lauwers Poleski Victory

Hooker Lund Potvin Yonker

Howrylak MacGregor Price

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.

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 Thursday, September 12, for his approval of the following bill:

Enrolled House Bill No. 4668 at 11:27 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, September 12:

Senate Bill Nos. 476 477 478 479 480 481 482 483 484 485 486

The Clerk announced that the following Senate bills had been received on Thursday, September 12:

Senate Bill Nos. 332 351 354 373

Reports of Standing Committees

The Committee on Judiciary, by Rep. Cotter, Chair, reported

House Bill No. 4694, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding a chapter heading and sections 1090, 1091, 1092, and 1093.

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. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente

Nays: None

The Committee on Judiciary, by Rep. Cotter, Chair, reported

House Bill No. 4695, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 1097 and 1098.

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. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente

Nays: None

The Committee on Judiciary, by Rep. Cotter, Chair, reported

House Bill No. 4696, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 1094, 1095, and 1096.

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. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente

Nays: None

The Committee on Judiciary, by Rep. Cotter, Chair, reported

House Bill No. 4697, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 1099 and 1099a.

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. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente

Nays: None

The Committee on Judiciary, by Rep. Cotter, Chair, reported

House Bill No. 4770, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 503.

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. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton and Clemente

Nays: None

The Committee on Judiciary, by Rep. Cotter, Chair, reported

House Bill No. 4771, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 410b.

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. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton and Clemente

Nays: None

The Committee on Judiciary, by Rep. Cotter, Chair, reported

House Bill No. 4772, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 323.

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. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton and Clemente

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 12, 2013

Present: Reps. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 11, 2013

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

Absent: Rep. Crawford

Excused: Rep. Crawford

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Price, Chair, of the Committee on Local Government, was received and read:

Meeting held on: Thursday, September 12, 2013

Present: Reps. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Rutledge, Stanley, Banks and Talabi

Messages from the Senate

House Bill No. 4094, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 40109a.

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. 325, entitled

A bill to adopt the uniform child abduction prevention act; to allow courts in this state to impose measures to prevent the abduction of children; to establish standards for determining whether a child is subject to a significant risk of abduction; and to provide remedies.

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. 332, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8501 and 8512b (MCL 324.8501 and 324.8512b), section 8501 as amended and section 8512b as added by 2010 PA 299.

The Senate has passed the bill.

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

Senate Bill No. 351, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20101 (MCL 324.20101), as amended by 2012 PA 446.

The Senate has passed the bill.

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

Senate Bill No. 354, entitled

A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b.

The Senate has passed the bill.

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

Senate Bill No. 373, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17723.

The Senate has passed the bill.

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

Introduction of Bills

Rep. Johnson introduced

House Bill No. 4965, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 801k.

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

Reps. Nesbitt, Heise, O’Brien and Cotter introduced

House Bill No. 4966, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 350a (MCL 750.350a), as amended by 2012 PA 548.

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

Reps. Cotter, Heise, O’Brien and Nesbitt introduced

House Bill No. 4967, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1076 (MCL 600.1076), as amended by 2012 PA 547.

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

Reps. Heise, Cotter, O’Brien and Nesbitt introduced

House Bill No. 4968, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 4a of chapter IX (MCL 769.4a), as amended by 2012 PA 550.

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

Reps. O’Brien, Cotter, Heise and Nesbitt introduced

House Bill No. 4969, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2012 PA 549.

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

Reps. Pscholka, Nesbitt, MacMaster, Genetski, Crawford, McCready, McMillin, Poleski, Muxlow, Yonker, Goike, Bumstead and Foster introduced

House Bill No. 4970, entitled

A bill to amend 1967 PA 227, entitled “An act to regulate the inspection, construction, installation, alteration, maintenance, repair and operation of elevators and the licensing of elevator contractors; to prescribe the functions of the director of labor; to create, and prescribe the functions of, the elevator safety board; to provide penalties for violations of the act; and to repeal certain acts and parts of acts,” by amending sections 3, 4, 12, and 15 (MCL 408.803, 408.804, 408.812, and 408.815), section 15 as amended by 2004 PA 269.

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

Reps. Nesbitt, Pscholka, MacMaster, Genetski, Crawford, McCready, McMillin, Poleski, Muxlow, Yonker, Goike, Bumstead and Foster introduced

House Bill No. 4971, entitled

A bill to amend 1976 PA 333, entitled “An act to provide for the licensing of elevator journeymen and the regulation of elevators and elevator journeymen; to prescribe the functions of the director of labor and the elevator safety board; and to provide penalties for violations of this act,” by amending section 2 (MCL 338.2152).

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

Reps. McMillin, Genetski, MacMaster, Goike and Franz introduced

House Bill No. 4972, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278 (MCL 380.1278), as amended by 2004 PA 596, and by adding section 1278d.

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

Rep. Foster introduced

House Bill No. 4973, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2012 PA 223.

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

Announcements by the Clerk

September 11, 2013

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

Performance audit of Mental Health Services, Department of Corrections, September 2013.

Gary L. Randall

Clerk of the House

The Clerk received the following dissent on Senate Bill Nos. 50, 237 and 239, from Rep. Irwin:

The Clerk received the following dissent on Senate Bill No. 238, 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. In fact, on this occasion I carefully observed the administration of the “rising vote” that the majority claims to rely on. In this instance, I saw only one Representative in the entire chamber rise and that was the Representative from the 103rd district.

The Clerk received the following dissent on House Bill Nos. 4786, 4787 and 4961 and Senate Bill Nos. 357 and 257, from Rep. Irwin:

Rep. Irwin moved that the House adjourn.

The motion prevailed, the time being 2:55 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, September 17, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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