No. 93

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Wednesday, October 30, 2013.

1:30 p.m.

The House was called to order by the Speaker.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Faris—present Kosowski—present Pettalia—present Victory—present

Farrington—present Kowall—present Poleski—present Walsh—present

Forlini—present Kurtz—present Potvin—present Yanez—present

Foster—present LaFontaine—present Price—present Yonker—present

Franz—present Lamonte—present Pscholka—present Zemke—present

Geiss—present Lane—excused Rendon—present Zorn—present

Genetski—present

e/d/s = entered during session

Pastor J. Douglas Paterson, Pastor of First United Methodist Church in Ann Arbor, offered the following invocation:

“O holy God, Governor of all that is and all that will be. We pause long enough at the beginning of these sessions to remember that the work of this body resides within the framework of Your movement in history. Our human laws at best are but an approximation to Your immutable law, and if our institutions are to stand, they must rest on justice, for only justice can endure. Lend, therefore Your wisdom to these men and women who represent the populace and let Your spirit of service fill their hearts.

We are blessed to live within a democracy where the people are free to speak, and where their voices can make a difference through these, their representatives.

Strengthen, then, the sense of duty in our political life. Grant that this body may feel ever more deeply that any diversion of their public powers for private ends is a betrayal of their state and country. And grant them Your vision where all are lifted up in life to work for love and liberty.

With humble hearts we pray. Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

Rep. Rutledge moved that Rep. Lane be excused from today’s session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 227.

A resolution to urge the Congress of the United States to adopt House Concurrent Resolution 50, regarding the National Railroad Monument in Durand, Michigan.

(For text of resolution, see House Journal No. 78, p. 1476.)

(The resolution was reported by the Committee on Transportation and Infrastructure on October 29.)

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

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 third time.

The question being on the passage of the bill,

Rep. Forlini moved to amend the bill as follows:

1. Amend page 4, following line 17, by inserting:

“(8) “STATE CONSTRUCTION CODE” MEANS THE CODE, AS THAT TERM IS DEFINED IN SECTION 2A OF THE STILLE-DEROSSETT-HALE SINGLE STATE CONSTRUCTION CODE ACT, MCL 125.1502A.”.

2. Amend page 4, line 22, after “LOCATED” by inserting a comma and “COMPLIES WITH THE STATE CONSTRUCTION CODE,”.

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. 356 Yeas—58

Bolger Haines Lori Poleski

Bumstead Haveman Lund Potvin

Callton Heise Lyons Price

Cotter Hooker MacGregor Pscholka

Crawford Howrylak MacMaster Rendon

Daley Jacobsen McBroom Rogers

Denby Jenkins McCready Schmidt

Farrington Johnson McMillin Shirkey

Forlini Kelly Muxlow Somerville

Foster Kesto Nesbitt Stamas

Franz Kowall O’Brien VerHeulen

Genetski Kurtz Outman Victory

Glardon LaFontaine Pagel Walsh

Goike Lauwers Pettalia Yonker

Graves Leonard

Nays—50

Abed Durhal LaVoy Singh

Banks Faris Lipton Slavens

Barnett Geiss McCann Smiley

Brinks Greimel Nathan Stallworth

Brown Haugh Oakes Stanley

Brunner Hobbs Olumba Switalski

Cavanagh Hovey-Wright Roberts Talabi

Clemente Irwin Robinson Tlaib

Cochran Kandrevas Rutledge Townsend

Darany Kivela Santana Yanez

Dianda Knezek Schor Zemke

Dillon Kosowski Segal Zorn

Driskell Lamonte

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 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 the title and sections 3, 4, and 15 (MCL 408.803, 408.804, and 408.815), section 15 as amended by 2004 PA 269, and by adding section 14a.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 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).

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

Roll Call No. 357 Yeas—58

Bolger Haines Lori Poleski

Bumstead Haveman Lund Potvin

Callton Heise Lyons Price

Cotter Hooker MacGregor Pscholka

Crawford Howrylak MacMaster Rendon

Daley Jacobsen McBroom Rogers

Denby Jenkins McCready Schmidt

Farrington Johnson McMillin Shirkey

Forlini Kelly Muxlow Somerville

Foster Kesto Nesbitt Stamas

Franz Kowall O’Brien VerHeulen

Genetski Kurtz Outman Victory

Glardon LaFontaine Pagel Walsh

Goike Lauwers Pettalia Yonker

Graves Leonard

Nays—50

Abed Durhal LaVoy Singh

Banks Faris Lipton Slavens

Barnett Geiss McCann Smiley

Brinks Greimel Nathan Stallworth

Brown Haugh Oakes Stanley

Brunner Hobbs Olumba Switalski

Cavanagh Hovey-Wright Roberts Talabi

Clemente Irwin Robinson Tlaib

Cochran Kandrevas Rutledge Townsend

Darany Kivela Santana Yanez

Dianda Knezek Schor Zemke

Dillon Kosowski Segal Zorn

Driskell Lamonte

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. 5020, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 304 (MCL 257.304), as amended by 2012 PA 498.

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

Roll Call No. 358 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 Hovey-Wright McCready Smiley

Cotter Howrylak McMillin Somerville

Crawford Irwin Muxlow Stallworth

Daley Jacobsen Nathan Stamas

Darany Jenkins Nesbitt Stanley

Denby Johnson O’Brien Switalski

Dianda Kandrevas Oakes Talabi

Dillon Kelly Olumba Tlaib

Driskell Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Poleski Walsh

Forlini Kowall Potvin Yanez

Foster Kurtz Price Yonker

Franz LaFontaine Pscholka Zemke

Geiss Lamonte 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.

House Bill No. 5021, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1084 (MCL 600.1084), as added by 2010 PA 154.

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

Roll Call No. 359 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 Hovey-Wright McCready Smiley

Cotter Howrylak McMillin Somerville

Crawford Irwin Muxlow Stallworth

Daley Jacobsen Nathan Stamas

Darany Jenkins Nesbitt Stanley

Denby Johnson O’Brien Switalski

Dianda Kandrevas Oakes Talabi

Dillon Kelly Olumba Tlaib

Driskell Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Poleski Walsh

Forlini Kowall Potvin Yanez

Foster Kurtz Price Yonker

Franz LaFontaine Pscholka Zemke

Geiss Lamonte 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.

House Bill No. 4570, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1335 (MCL 600.1335), as amended by 2004 PA 12.

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

Roll Call No. 360 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 Hovey-Wright McCready Smiley

Cotter Howrylak McMillin Somerville

Crawford Irwin Muxlow Stallworth

Daley Jacobsen Nathan Stamas

Darany Jenkins Nesbitt Stanley

Denby Johnson O’Brien Switalski

Dianda Kandrevas Oakes Talabi

Dillon Kelly Olumba Tlaib

Driskell Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Poleski Walsh

Forlini Kowall Potvin Yanez

Foster Kurtz Price Yonker

Franz LaFontaine Pscholka Zemke

Geiss Lamonte 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.

House Bill No. 4736, entitled

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

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

Roll Call No. 361 Yeas—90

Abed Forlini Lauwers Rutledge

Banks Foster LaVoy Schmidt

Barnett Geiss Lipton Schor

Bolger Glardon Lori Segal

Brinks Graves Lyons Shirkey

Brown Greimel MacMaster Singh

Brunner Haines McCann Slavens

Bumstead Haugh Muxlow Smiley

Callton Haveman Nathan Stallworth

Cavanagh Hobbs Nesbitt Stamas

Clemente Hovey-Wright O’Brien Stanley

Cochran Howrylak Oakes Switalski

Cotter Irwin Olumba Talabi

Crawford Jacobsen Outman Tlaib

Daley Johnson Pagel Townsend

Darany Kandrevas Pettalia VerHeulen

Denby Kesto Poleski Victory

Dianda Kivela Potvin Walsh

Dillon Knezek Price Yanez

Driskell Kosowski Pscholka Yonker

Durhal Kowall Roberts Zemke

Faris LaFontaine Rogers Zorn

Farrington Lamonte

Nays—18

Franz Jenkins MacGregor Rendon

Genetski Kelly McBroom Robinson

Goike Kurtz McCready Santana

Heise Leonard McMillin Somerville

Hooker Lund

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. 4713, entitled

A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 19 (MCL 29.19), as amended by 2006 PA 337.

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

Roll Call No. 362 Yeas—82

Abed Glardon Lamonte Potvin

Banks Goike Lauwers Price

Bolger Graves Leonard Pscholka

Brinks Greimel Lipton Rendon

Brunner Haugh Lori Robinson

Bumstead Haveman Lund Rogers

Callton Heise Lyons Rutledge

Clemente Hobbs MacGregor Santana

Cotter Hooker MacMaster Schmidt

Crawford Howrylak McCann Schor

Daley Jacobsen McCready Segal

Darany Jenkins McMillin Slavens

Denby Johnson Muxlow Stallworth

Dianda Kandrevas Nathan Stamas

Dillon Kelly Nesbitt Talabi

Driskell Kesto O’Brien VerHeulen

Durhal Kivela Oakes Victory

Farrington Kosowski Olumba Walsh

Forlini Kowall Outman Yonker

Foster Kurtz Pagel Zemke

Franz LaFontaine

Nays—26

Barnett Haines Poleski Stanley

Brown Hovey-Wright Roberts Switalski

Cavanagh Irwin Shirkey Tlaib

Cochran Knezek Singh Townsend

Faris LaVoy Smiley Yanez

Geiss McBroom Somerville Zorn

Genetski Pettalia

In The Chair: Walsh

The House agreed to the title of the bill.

______

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

“Mr. Speaker and members of the House:

I am all in favor of safety in schools, and believe that our schools do conduct and document safety exercises regularly and acceptably. I believe that to compel additional action and reporting upon our schools is not necessary.

Thank you for the opportunity to explain my no vote on HB 4713.”

Senate Bill No. 390, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 208b, 312a, and 312b (MCL 257.208b, 257.312a, and 257.312b), section 208b as amended by 2011 PA 159 and section 312b as amended by 2004 PA 362.

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

Roll Call No. 363 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 Hovey-Wright McCready Smiley

Cotter Howrylak McMillin Somerville

Crawford Irwin Muxlow Stallworth

Daley Jacobsen Nathan Stamas

Darany Jenkins Nesbitt Stanley

Denby Johnson O’Brien Switalski

Dianda Kandrevas Oakes Talabi

Dillon Kelly Olumba Tlaib

Driskell Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Poleski Walsh

Forlini Kowall Potvin Yanez

Foster Kurtz Price Yonker

Franz LaFontaine Pscholka Zemke

Geiss Lamonte Rendon Zorn

Nays—0

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 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 312a and 312b (MCL 257.312a and 257.312b), section 312b as amended by 2004 PA 362.

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.

Second Reading of Bills

Senate Bill No. 372, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 8 and 27 (MCL 211.8 and 211.27), section 8 as amended by 2006 PA 633 and section 27 as amended by 2012 PA 409.

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.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, October 30:

House Bill Nos. 5101 5102 5103 5104 5105 5106 5107 5108 5109 5110 5111 5112 5113

The Clerk announced that the following Senate bills had been received on Wednesday, October 30:

Senate Bill Nos. 442 443 652 653

Reports of Standing Committees

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

House Bill No. 4920, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6 (MCL 205.56), as amended by 2012 PA 458.

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

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

House Bill No. 4921, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 6 (MCL 205.96), as amended by 2012 PA 585.

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

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

House Bill No. 5009, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 691 (MCL 206.691), as amended by 2012 PA 70.

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

Nays: None

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

House Bill No. 5011, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 673 (MCL 206.673), as added by 2011 PA 181.

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. 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, October 30, 2013

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

Absent: Rep. Switalski

Excused: Rep. Switalski

The Committee on Financial Services, by Rep. Callton, Chair, reported

Senate Bill No. 174, entitled

A bill to require certain consumer reporting agencies to place security freezes for consumers under certain circumstances; to provide for the removal of those security freezes; to authorize and limit fees; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies.

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. Callton, Somerville, Farrington, Lyons, Pettalia, Kelly, Johnson, Nathan, Stanley, Lamonte and Oakes

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Callton, Chair, of the Committee on Financial Services, was received and read:

Meeting held on: Wednesday, October 30, 2013

Present: Reps. Callton, Somerville, Farrington, Lyons, Pettalia, Kelly, Johnson, Nathan, Stanley, Lamonte and Oakes

Absent: Rep. Lane

Excused: Rep. Lane

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

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.

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

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

Senate Bill No. 434, entitled

A bill to amend 2003 PA 215, entitled “Credit union act,” (MCL 490.101 to 490.601) by adding section 413.

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

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Kurtz, Chair, reported

Senate Bill No. 556, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57v (MCL 400.57v), as added by 2012 PA 197.

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

Nays: None

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, October 30, 2013

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

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

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.

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. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Kesto, Oakes, Kivela and Banks

Nays: Rep. Robinson

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

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.

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. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Kesto, Oakes, Kivela and Banks

Nays: Rep. Robinson

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

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.

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. Heise, Graves, Kurtz, Callton, O’Brien, Kesto, Oakes, Kivela and Banks

Nays: Rep. Robinson

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

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.

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. Heise, Graves, Kurtz, Callton, O’Brien, Kesto, Oakes, Kivela and Banks

Nays: Rep. Robinson

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

House Bill No. 5069, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2918, 5711, and 5714 (MCL 600.2918, 600.5711, and 600.5714), section 5714 as amended by 2012 PA 139.

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. Heise, Graves, Kurtz, Callton, McBroom, O’Brien and Kesto

Nays: Rep. Robinson

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

House Bill No. 5070, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 553.

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. Heise, Graves, Kurtz, Callton, McBroom, O’Brien and Kesto

Nays: Rep. Robinson

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

House Bill No. 5071, entitled

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

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. Heise, Graves, Kurtz, Callton, McBroom, O’Brien and Kesto

Nays: Rep. Robinson

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Wednesday, October 30, 2013

Present: Reps. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Kesto, Oakes, Robinson, Kivela and Banks

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stamas, Chair, of the Committee on Military and Veterans Affairs, was received and read:

Meeting held on: Wednesday, October 30, 2013

Present: Reps. Stamas, Franz, Kurtz, Hooker, Zorn, Graves, Santana, Darany, Slavens, Banks, Yanez and Kosowski

Absent: Rep. Haines

Excused: Rep. Haines

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 30, 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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 30, 2013

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

Messages from the Senate

House Bill No. 4384, entitled

A bill to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” by amending sections 1103, 5303, 5305, and 5314 (MCL 700.1103, 700.5303, 700.5305, and 700.5314), section 1103 as amended by 2009 PA 46, section 5303 as amended by 2000 PA 468, section 5305 as amended by 2012 PA 210, and section 5314 as amended by 2012 PA 173.

The Senate has concurred in the House amendment to the Senate substitute (S-1).

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

House Bill No. 4937, entitled

A bill to amend 2000 PA 322, entitled “Julian-Stille value-added act,” by amending the title and section 3 (MCL 285.303); and to repeal acts and parts of acts.

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. 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.

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.

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.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 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.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1965 PA 290, entitled “An act to regulate the use, construction, installation, and repair of certain boilers; to create a board of boiler rules; to prescribe uniform rules and regulations for certain boilers; to provide for the licensing of certain boiler inspectors, installers, and repairers and registration of certain boiler operators and stationary engineers; to provide for powers and duties for certain state agencies and officers; to provide fees for registrations, licenses, permits, inspections, and certificates; to provide penalties and remedies for the violation of this act; and to repeal acts and parts of acts,” by amending sections 2, 4a, and 13d (MCL 408.752, 408.754a, and 408.763d), sections 2 and 4a as amended and section 13d as added by 2008 PA 159.

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

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.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 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.

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

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

Messages from the Governor

Date: October 29, 2013

Time: 12:20 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4950 (Public Act No. 142, I.E.), being

An act to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 20 (MCL 421.20), as amended by 2011 PA 269.

(Filed with the Secretary of State October 29, 2013, at 4:02 p.m.)

Date: October 29, 2013

Time: 12:22 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4951 (Public Act No. 143, I.E.), being

An act to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 54 (MCL 421.54), as amended by 2011 PA 269.

(Filed with the Secretary of State October 29, 2013, at 4:04 p.m.)

Date: October 29, 2013

Time: 12:26 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4953 (Public Act No. 144, I.E.), being

An act to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 32 (MCL 421.32), as amended by 2002 PA 192.

(Filed with the Secretary of State October 29, 2013, at 4:06 p.m.)

Date: October 29, 2013

Time: 12:28 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4954 (Public Act No. 145, I.E.), being

An act to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 26 (MCL 421.26), as amended by 2005 PA 16.

(Filed with the Secretary of State October 29, 2013, at 4:08 p.m.)

Date: October 29, 2013

Time: 12:24 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4952 (Public Act No. 146, I.E.), being

An act to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 29 (MCL 421.29), as amended by 2011 PA 269.

(Filed with the Secretary of State October 29, 2013, at 4:10 p.m.)

Date: October 29, 2013

Time: 3:20 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4949 (Public Act No. 147, I.E.), being

An act to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 62 (MCL 421.62), as amended by 2011 PA 269.

(Filed with the Secretary of State October 29, 2013, at 4:12 p.m.)

Date: October 29, 2013

Time: 12:30 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4289 (Public Act No. 148), being

An act to amend 1995 PA 29, entitled “An act concerning unclaimed property; to provide for the reporting and disposition of unclaimed property; to make uniform the law concerning unclaimed property; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 31 (MCL 567.251), as amended by 1997 PA 195.

(Filed with the Secretary of State October 29, 2013, at 4:14 p.m.)

Introduction of Bills

Reps. Switalski and Yanez introduced

House Bill No. 5114, entitled

A bill to amend 2011 PA 152, entitled “Publicly funded health insurance contribution act,” (MCL 15.561 to 15.569) by adding section 7a.

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

Rep. Lyons introduced

House Bill No. 5115, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 6 (MCL 380.6), as amended by 2009 PA 205.

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

Rep. Lyons introduced

House Bill No. 5116, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 312 and 641 (MCL 168.312 and 168.641), section 312 as amended by 2006 PA 647 and section 641 as amended by 2005 PA 71.

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

Announcements by the Clerk

The Clerk received the following dissent on House Bill Nos. 4970, 4971, 5020, 5021 and 4736 and Senate Bill No. 390, from Rep. Irwin:

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

______

Rep. Dianda moved that the House adjourn.

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

The Speaker Pro Tempore declared the House adjourned until Thursday, October 31, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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