No. 96

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Wednesday, November 6, 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—present Rendon—present Zorn—present

Genetski—present

e/d/s = entered during session

Pastor Marcus Morgan, Pastor of Bay Valley Christian Church in Bay City, offered the following invocation:

“Dear Father,

We thank You for our country and the great state of Michigan.

Father, forgive us for rejecting Your morality and in doing so we have reaped immorality.

Father, forgive us for rejecting Your wisdom and reaping a lack of understanding and common sense.

Father, forgive us for rejecting the value of human life of which human life has not been acknowledged as our most precious human resource.

Father, forgive us for rejecting our dependence on You and becoming dependent on everyone and everything else. Help us to not ask, What can our country do for us but what can we do for our country?

Father, forgive us for rejecting unity and not esteeming others higher than ourselves to only reap selfishness, division and the inability to work together.

Father, we need the same power that raised Jesus Christ from the dead in order to see our cities, our state and our country revived and unified.

Lord, we acknowledge that we need You in our lives. Apart from You we are left only to our limited resources and ourselves, but with You we can do all things. Thank You for never giving up on us, and thank You for the men and women who serve the great state of Michigan.

We thank You for protecting us and helping us to serve each other.

In the name of Jesus Christ, Amen.”

Motions and Resolutions

Reps. Rendon, Barnett, Brown, Denby, Durhal, Geiss, Lamonte, Roberts and Singh offered the following resolution:

House Resolution No. 262.

A resolution to declare November 9-15, 2013, as America Recycles Week in the state of Michigan.

Whereas, Michigan recognizes the importance of recycling as a way to protect natural resources, promote environmental stewardship, and improve the quality of life for Michigan’s citizens; and

Whereas, Ensuring that all Michigan residents and businesses have access to recycling opportunities, educating residents on how and why to recycle, and fostering recycling market development will enable sustainable materials management and transformation of currently wasted resources into valuable commodities; and

Whereas, Recycling paper, metal, glass, plastic, wood, textiles, yard waste, and food scraps is one of the most cost-effective strategies for communities and businesses to conserve energy, protect the environment, reduce waste, and strengthen the local economy; and

Whereas, Participating in America Recycles Week 2013 is one way businesses and citizens can help raise awareness about the need to reduce waste through sustainable materials management by reusing, recycling, composting, and buying recycled-content products; and

Whereas, Michigan leaders can use this as an opportunity to spread the word about Michigan’s successful recycling programs, the growth of markets for recycled materials, and the importance of working to expand recycling opportunities to more businesses and communities; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare November 9-15, 2013, as America Recycles Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

______

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

Second Reading of Bills

House Bill No. 4484, entitled

A bill to amend 1985 PA 148, entitled “Self-service storage facility act,” by amending sections 3 and 5 (MCL 570.523 and 570.525), as amended by 2009 PA 177.

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

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

Rep. Abed moved to amend the bill as follows:

1. Amend page 3, line 4, by striking out “$20.00 OR”.

2. Amend page 3, line 4, after “AMOUNT” by striking out the comma and “WHICHEVER IS GREATER,”.

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

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

The motion prevailed.

House Bill No. 4485, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1202 (MCL 500.1202), as amended by 2012 PA 552.

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

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

Rep. Rendon moved to amend the bill as follows:

1. Amend page 5, line 13, after “IS” by striking out the balance of the line through “PROPERTY” on line 14 and inserting “STORED PROPERTY INSURANCE”.

2. Amend page 5, line 20, after “THE” by inserting “STORED PROPERTY”.

3. Amend page 5, line 23, after the second “THE” by inserting “STORED PROPERTY”.

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

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

The motion prevailed.

House Bill No. 4962, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 58A.

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

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

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

The motion prevailed.

House Bill No. 5050, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411w (MCL 750.411w), as added by 2012 PA 146.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Justice (for amendment, see House Journal No. 90, p. 1662),

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

Rep. McMillin moved to amend the bill as follows:

1. Amend page 1, line 6, after “not” by striking out “less than 1 year or”.

The motion prevailed and the amendment 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.

Rep. Stamas moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.

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

Rep. Stamas moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. McMillin.

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

The question being on the adoption of the amendment offered previously by Rep. McMillin,

The amendment was not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

House Bill No. 5051, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 539k (MCL 750.539k), as added by 2004 PA 460.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5052, entitled

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

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5053, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 10c of chapter II (MCL 762.10c), as amended by 2010 PA 316.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5054, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2012 PA 332.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4939, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2011 PA 196.

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

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

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

The motion prevailed.

______

The Speaker Pro Tempore assumed the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 652, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 308, 841, 6404, 6407, 6410, 6413, 6419, 6421, 6422, and 8304 (MCL 600.308, 600.841, 600.6404, 600.6407, 600.6410, 600.6413, 600.6419, 600.6421, 600.6422, and 600.8304), section 308 as amended by 2012 PA 333, sections 841 and 8304 as amended by 2012 PA 338, section 6410 as amended by 1986 PA 308, and sections 6419 and 6421 as amended by 1984 PA 212; and to repeal acts and parts of acts.

The bill was read a third time.

The question being on the passage of the bill,

Point of Order

Rep. Greimel requested a ruling of the Chair on whether Senate Bill No. 652 is constitutional and would need a 2/3 vote.

The Chair ruled that the bill does not need a 2/3 vote as it does not create a new court in accordance with Article 6 Section 26 of the Michigan Constitution.

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. 373 Yeas—57

Bolger Haines Lori Potvin

Bumstead Haveman Lund Price

Callton Heise Lyons Pscholka

Cotter Hooker MacGregor Rendon

Crawford Jacobsen MacMaster Rogers

Daley Jenkins McBroom Schmidt

Denby Johnson McCready Shirkey

Farrington Kelly Muxlow Somerville

Forlini Kesto Nesbitt Stamas

Foster Kowall O’Brien VerHeulen

Franz Kurtz Outman Victory

Genetski LaFontaine Pagel Walsh

Glardon Lauwers Pettalia Yonker

Goike Leonard Poleski Zorn

Graves

Nays—52

Abed Durhal Lamonte Schor

Banks Faris Lane Segal

Barnett Geiss LaVoy Singh

Brinks Greimel Lipton Slavens

Brown Haugh McCann Smiley

Brunner Hobbs McMillin Stallworth

Cavanagh Hovey-Wright Nathan Stanley

Clemente Howrylak Oakes Switalski

Cochran Irwin Olumba Talabi

Darany Kandrevas Roberts Tlaib

Dianda Kivela Robinson Townsend

Dillon Knezek Rutledge Yanez

Driskell Kosowski Santana Zemke

In The Chair: Walsh

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

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

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. Schor, 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:

Mr. Speaker,

I started working in the Legislature 16 years ago. When I started, I met a man who had been here for many years and was widely respected by all. As I continued to work in and with the Legislature for 15 years, this man was the expert on all things dealing with the Judiciary. He retired recently after many years of distinguished service and we celebrated him on the House floor. In this age of term limits, we needed someone who had institutional knowledge about our past and he provided that. He was well respected by Democrats and Republicans. His name is Bruce Timmons, and he was the House Republican Policy expert. Most people on the House floor here today know and respect him.

Bruce testified in the committee yesterday, and in the Senate last week, and said that this bill is tampering with the court system and is unconstitutional. He knew that this bill is a bad idea, and perhaps because of him that leadership over the last 30 years did not to pass a bill like this…even when Governor Engler had his epic brawls with Judge Jim Giddings and when Governor Engler had solid Republican majorities in the House and Senate in the 1990’s.

This bill causes all sorts of problems. It allows an appeals court judge to make a decision, then forces an appeal in that same court. That is unheard of. Does the judge that ruled originally have to abstain in the decision of the panel? It doesn’t specify that in the bill. It requires an Appeals judge to conduct jury trials and take witness testimony, which they are not equipped to do. It will require attorney’s from the Attorney General’s office to travel all around the state to fight cases when the state is sued, creating significant travel and lodging costs to the state. It will not save money for those that take action against the state because instead of traveling to Lansing, they will have to travel to some other part of the state. This bill will cause a massive backlog in cases at the Appeals Court and delay court decisions and justice for our citizens. It greatly expands the jurisdiction of the Court of Claims from cases in which plaintiffs seek monetary damages from the state for alleged torts to now hearing state civil rights, whistle-blower, environmental, Open Meetings Act, and Freedom of Information Act cases, among others. According to the State Bar of Michigan, this bill will prolong appeals that already take 12 to 18 months to complete. This will also cost the state more money.

Why is the court of claims housed in the Ingham Circuit Court? How about because Lansing is the seat of government. I am pretty sure I read that in the constitution and swore an oath to follow that constitution. And when someone sues the state, it should be litigated where the seat of government is located. Lansing was chosen because it is a central location in the state, and our Court of Claims which defends the state should be housed here.

All Ingham County Judges as well as several Ingham County Commissioners and the Ingham County Controller testified against these bills in committee. Although the sponsor said that this would help Ingham county, I can tell you that in my 10 years as a county commissioner this never came up as a problem. This bill will cost Ingham County almost a half a million dollars a year, and blows a huge hole in the recently passed county budget. Yet there was no consideration to reimburse Ingham County for those dollars. As the Lansing State Journal pointed out in their editorial, this is an unfair financial burden to Ingham County’s taxpayers. The Lansing State Journal also said that the speed at which this bill is moving suggests a political agenda rather than a better government agenda.

I know where the votes are in this chamber and I know that this debate means little, which is unfortunate, but I hope that the Governor is listening to the residents and not just his political operatives. I hope he vetoes this bill and stands up for the rights and needs of the residents of Michigan instead of those seeking to gain political advantage.”

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

“Mr. Speaker and members of the House:

I voted no on Senate Bill 652 in protest of the House Republicans desire to change the rules in the middle of the game to benefit their own party and in opposition to our State Constitution. It also puts undue burdens on people filing Freedom of Information Act or Open Meetings Act claims against the state. These cases are currently heard in the local circuit court where an alleged violation occurred. SB 652 instead puts all of those claims under the jurisdiction of the Court of Claims. Therefore, a person who files a FOIA claim in the Upper Peninsula might have to drive nine or more hours to testify in court.

It’s no coincidence that Republicans are doing this at a time when they hold the governor’s office, dominate both houses of the state Legislature and hold a 5-2 majority in the Michigan Supreme Court. I’m disgusted that SB 652 stacks the Court of Claims in one party’s favor. It makes it likely that controversial new laws will be rushed through the legislative process, signed by the governor and put into law without necessary legislative deliberation or a day in court. SB 652 makes a mockery of our constitutionally designated separation of powers by allowing the Legislature to meddle in the affairs of the court. Republicans claims of saving taxpayers money are disingenuous at best. What is happening here is nothing more than Republicans changing rules and making it harder for citizens to hold their government accountable.

Finally I have a great deal of concern over the impact of applying immediate effect to this bill by gaveling through the vote without a proper count. By doing so, Republicans are disenfranchising hundreds of citizens who currently have cases within the Court of Claims.”

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

“Mr. Speaker and members of the House:

I oppose Senate Bill 652 would shield bad actors from accountability by removing the rights of citizens to hold state employees accountable as individuals. This bill is dangerous because it jeopardizes a person’s right to a trial by jury.”

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

“Mr. Speaker and members of the House:

I voted no on Senate Bill 652. The process in which this legislation was passed goes against our Michigan Constitution and a two-thirds vote, which immediate effect requires was not properly accounted for.”

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

“Mr. Speaker and members of the House:

I voted no on Senate Bill 652 in protest of the House Republicans desire to change the rules in the middle of the game to benefit their own party. It also puts undue burdens on people filing Freedom of Information Act or Open Meetings Act claims against the state. Those cases are currently heard in the local circuit court where an alleged violation occurred. SB 652 instead puts all of those claims under the jurisdiction of the Court of Claims. Therefore, a person who files a FOIA claim in the Upper Peninsula might have to drive nine or more hours to testify in court.”

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

“Mr. Speaker and members of the House:

No Vote Explanation —

It’s no coincidence that Republicans are doing this at a time when they hold the governor’s office, dominate both houses of the state Legislature and hold a 5-2 majority in the Michigan Supreme Court. I’m disgusted that SB 652 stacks the Court of Claims in the Republican Party’s favor. It makes it likely that controversial new laws will be rushed through the legislative process, signed by the governor and put into law without necessary legislative deliberation or a day in court. SB 652 makes a mockery of our constitutionally designated separation of powers by allowing the Legislature to meddle in the affairs of the court. Republicans claims of saving taxpayers money are disingenuous at best. What is happening here is nothing more than Republicans changing rules and making it harder for citizens to hold their government accountable.

Rep. Hovey-Wright, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

It’s no coincidence that Republicans are doing this at a time when they hold the governor’s office, dominate both houses of the state Legislature and hold a 5-2 majority in the Michigan Supreme Court. I’m disgusted that SB 652 stacks the Court of Claims in the Republican Party’s favor. It makes it likely that controversial new laws will be rushed through the legislative process, signed by the governor and put into law without necessary legislative deliberation or a day in court. SB 652 makes a mockery of our constitutionally designated separation of powers by allowing the Legislature to meddle in the affairs of the court. Republicans claims of saving taxpayers money are disingenuous at best. What is happening here is nothing more than Republicans changing rules and making it harder for citizens to hold their government accountable.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4704, entitled

A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” by amending sections 16 and 18 (MCL 141.436 and 141.438), as amended by 2000 PA 493.

(The bill was received from the Senate on October 31, with substitute (S-3), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 5, see House Journal No. 94, p. 1725.)

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 374 Yeas—87

Abed Geiss Kowall Pettalia

Banks Genetski Kurtz Poleski

Bolger Glardon LaFontaine Potvin

Brinks Goike Lamonte Price

Brown Graves Lane Pscholka

Bumstead Haines Lauwers Rendon

Callton Haugh LaVoy Rogers

Clemente Haveman Leonard Rutledge

Cochran Heise Lori Schmidt

Cotter Hobbs Lund Schor

Crawford Hooker Lyons Segal

Daley Howrylak MacGregor Shirkey

Darany Irwin MacMaster Somerville

Denby Jacobsen McBroom Stallworth

Dianda Jenkins McCann Stamas

Dillon Johnson McCready Talabi

Driskell Kandrevas McMillin VerHeulen

Durhal Kelly Nesbitt Victory

Farrington Kesto O’Brien Walsh

Forlini Kivela Oakes Yonker

Foster Knezek Outman Zorn

Franz Kosowski Pagel

Nays—22

Barnett Lipton Santana Switalski

Brunner Muxlow Singh Tlaib

Cavanagh Nathan Slavens Townsend

Faris Olumba Smiley Yanez

Greimel Roberts Stanley Zemke

Hovey-Wright Robinson

In The Chair: Walsh

The House agreed to the full title.

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

______

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, November 6:

House Bill Nos. 5126 5127 5128 5129 5130 5131 5132 5133 5134

Senate Bill Nos. 663 664 665 666

The Clerk announced that the following Senate bills had been received on Wednesday, November 6:

Senate Bill Nos. 425 628

Reports of Standing Committees

The Committee on Military and Veterans Affairs, by Rep. Stamas, Chair, reported

House Bill No. 4788, entitled

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

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. Stamas, Franz, Haines, Kurtz, Hooker, Zorn, Graves, Santana, Darany, Slavens, Banks, Yanez and Kosowski

Nays: None

The Committee on Military and Veterans Affairs, by Rep. Stamas, Chair, reported

Senate Bill No. 389, entitled

A bill to amend 2001 PA 181, entitled “An act to authorize the board of a school district to award high school diplomas to World War II veterans and Korean conflict veterans under certain circumstances; and to prescribe duties and responsibilities of certain state officers and officials,” by amending section 1 (MCL 35.341), as amended by 2003 PA 203.

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. Stamas, Franz, Haines, Kurtz, Hooker, Zorn, Graves, Santana, Darany, Slavens, Banks, Yanez and Kosowski

Nays: None

The Committee on Military and Veterans Affairs, by Rep. Stamas, Chair, reported

House Resolution No. 233.

A resolution to urge the Congress and the President of the United States to exempt National Guard personnel from sequestration cuts in the same manner as other military personnel were exempted.

(For text of resolution, see House Journal No. 81, p. 1523.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Military and Veterans Affairs, by Rep. Stamas, Chair, reported

House Resolution No. 256.

A resolution to urge the U.S. Army to continue the Army Reserve Officers’ Training Corps (ROTC) program at Northern Michigan University.

(For text of resolution, see House Journal No. 92, p. 1678.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

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, November 6, 2013

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

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

House Bill No. 5017, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7ss (MCL 211.7ss), as added by 2012 PA 494.

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 and LaVoy

Nays: Reps. Switalski and Townsend

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, November 6, 2013

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

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

House Bill No. 4782, entitled

A bill to amend 2010 PA 275, entitled “Next Michigan development act,” by amending section 4 (MCL 125.2954).

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. Foster, Zorn, Haines, Schmidt, Glardon, Nesbitt, Outman, Kelly, Switalski, Barnett, Townsend, Santana, Driskell and Yanez

Nays: Reps. Farrington, Johnson, Somerville and Leonard

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

Senate Bill No. 397, entitled

A bill to amend 2010 PA 275, entitled “Next Michigan development act,” by amending section 5 (MCL 125.2955).

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. Foster, Zorn, Haines, Schmidt, Glardon, Nesbitt, Outman, Kelly, Switalski, Barnett, Townsend, Santana, Driskell and Yanez

Nays: Reps. Farrington, Johnson, Somerville and Leonard

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

Senate Bill No. 475, entitled

A bill to enact the trampoline court safety act; to prescribe the duties and liabilities of trampoline court operators and persons who use trampoline courts; and to provide for the acceptance of certain risks by persons who use trampoline courts.

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. Foster, Zorn, Haines, Schmidt, Farrington, Glardon, Johnson, Nesbitt, Somerville, Outman, Kelly, Leonard and Santana

Nays: Reps. Switalski, Barnett, Townsend and Driskell

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 6, 2013

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 6, 2013

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 6, 2013

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

Absent: Reps. Oakes and Robinson

Excused: Reps. Oakes and Robinson

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, November 6, 2013

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

Messages from the Senate

House Bill No. 4585, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2007 and 2008 (MCL 339.2007 and 339.2008), section 2007 as amended by 1992 PA 103.

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. 4156, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16184 and 16185 (MCL 333.16184 and 333.16185), as amended by 2012 PA 4.

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.

Senate Bill No. 425, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7dd (MCL 211.7dd), as amended by 2013 PA 44.

The Senate has passed the bill.

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

Senate Bill No. 628, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 2 (MCL 780.752), as amended by 2009 PA 28.

The Senate has passed the bill.

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

Messages from the Governor

Date: November 5, 2013

Time: 10:58 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4382 (Public Act No. 155, I.E.), being

An act to amend 1996 PA 193, entitled “An act to provide for the execution of a do-not-resuscitate order for a patient in a setting outside of a hospital, a nursing home, or a mental health facility owned or operated by the department of community health; to provide that certain actions be taken and certain actions not be taken with respect to such an order; to provide for the revocation of a do-not-resuscitate order; to prohibit certain persons and organizations from requiring the execution of such an order as a condition of receiving coverage, benefits, or services; to prohibit certain actions by certain insurers; to exempt certain persons from penalties and liabilities; and to prescribe liabilities,” by amending the title and sections 2, 3, 4, 5, 6, 8, 9, 10, 11, and 14 (MCL 333.1052, 333.1053, 333.1054, 333.1055, 333.1056, 333.1058, 333.1059, 333.1060, 333.1061, and 333.1064), section 2 as amended by 2004 PA 552, and by adding section 3a.

(Filed with the Secretary of State November 5, 2013, at 3:54 p.m.)

Date: November 5, 2013

Time: 11:00 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4383 (Public Act No. 156, I.E.), being

An act to amend 1979 PA 218, entitled “An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 4 (MCL 400.704), as amended by 2010 PA 380.

(Filed with the Secretary of State November 5, 2013, at 3:56 p.m.)

Date: November 5, 2013

Time: 11:12 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4384 (Public Act No. 157, I.E.), being

An act 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.

(Filed with the Secretary of State November 5, 2013, at 3:58 p.m.)

Date: November 5, 2013

Time: 11:10 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4930 (Public Act No. 158, I.E.), being

An act to amend 1929 PA 269, entitled “An act to protect benevolent, humane, fraternal or charitable corporations in the use of their names and emblems; to provide penalties for the violation thereof; and to repeal Act No. 255 of the Public Acts of 1909,” by repealing section 3 (MCL 430.53).

(Filed with the Secretary of State November 5, 2013, at 4:00 p.m.)

Date: November 5, 2013

Time: 11:22 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4234 (Public Act No. 159, I.E.), being

An act to amend 1933 PA 167, entitled “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,” by amending section 1 (MCL 205.51), as amended by 2008 PA 438.

(Filed with the Secretary of State November 6, 2013, at 1:04 p.m.)

Introduction of Bills

Rep. Stamas introduced

House Bill No. 5135, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 219 and 298b (MCL 18.1219 and 18.1298b), section 219 as amended by 2001 PA 61 and section 298b as amended by 1992 PA 132; and to repeal acts and parts of acts.

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

Rep. Lori introduced

House Bill No. 5136, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding section 141a.

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

Rep. Lori introduced

House Bill No. 5137, entitled

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

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

Rep. Price introduced

House Bill No. 5138, entitled

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

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

Rep. Geiss introduced

House Bill No. 5139, entitled

A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” (MCL 722.21 to 722.31) by adding section 7c.

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

Announcements by the Clerk

The Clerk received the following dissent on Senate Bill No. 652, from Reps. Irwin, Segal, Abed, Talabi, Stallworth, Banks, Durhal, Hobbs, Greimel, Rutledge, Dianda, Singh, Brunner, Roberts, Cavanagh, Kandrevas, Lamonte, Slavens, Brown, Schor, Geiss, Nathan, Hovey-Wright, Tlaib, Lipton, Knezek, Brinks, Darany, Switalski, Zemke, Barnett, Haugh, Stanley, Yanez, Smiley, Faris, Oakes, LaVoy, Townsend, Dillon, Kivela, Kosowski, Cochran and Driskell:

Article IV, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I demand this be printed in the House Journal as I object to the act of gaveling on of Immediate Effect to Senate Bill 652 despite the obvious lack of support for that motion and without evidently taking a vote. Today I did not, and I do not, support the granting of immediate effect to Senate Bill 652.

______

Rep. Daley moved that the House adjourn.

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

The Speaker Pro Tempore declared the House adjourned until Thursday, November 7, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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