No. 97
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
97th Legislature
REGULAR SESSION OF 2013
House Chamber, Lansing, Thursday, November 7, 2013.
12:00 Noon.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Abed—present Glardon—present Lauwers—present Roberts—present
Banks—present Goike—present LaVoy—present Robinson—present
Barnett—present Graves—present Leonard—present Rogers—present
Bolger—present Greimel—present Lipton—present Rutledge—present
Brinks—present Haines—present Lori—present Santana—present
Brown—present Haugh—present Lund—present Schmidt—present
Brunner—present Haveman—present Lyons—present Schor—present
Bumstead—present Heise—present MacGregor—present Segal—present
Callton—present Hobbs—present MacMaster—present Shirkey—present
Cavanagh—present Hooker—present McBroom—present Singh—present
Clemente—present Hovey-Wright—present McCann—present Slavens—present
Cochran—present Howrylak—present McCready—present Smiley—present
Cotter—present Irwin—present McMillin—present Somerville—present
Crawford—present Jacobsen—present Muxlow—present Stallworth—present
Daley—present Jenkins—present Nathan—present Stamas—present
Darany—present Johnson—present Nesbitt—present Stanley—present
Denby—present Kandrevas—present O’Brien—present Switalski—present
Dianda—present Kelly—present Oakes—present Talabi—present
Dillon—present Kesto—present Olumba—present Tlaib—present
Driskell—present Kivela—present Outman—present Townsend—present
Durhal—present Knezek—present Pagel—present VerHeulen—present
Faris—present Kosowski—present Pettalia—present Victory—present
Farrington—present Kowall—present Poleski—present Walsh—present
Forlini—present Kurtz—present Potvin—present Yanez—present
Foster—present LaFontaine—present Price—present Yonker—present
Franz—present Lamonte—present Pscholka—present Zemke—present
Geiss—present Lane—present Rendon—present Zorn—present
Genetski—present
e/d/s = entered during session
Rev. Mark Erbes, Pastor of Lake Harbor United Methodist Church in Norton Shores, offered the following invocation:
“O God, what a privilege it is to gather in this beautiful and historic place to serve the people of our great state of Michigan. I ask that You hold these leaders in Your love and care so that they might be true servant leaders and examples for those of us who have chosen them to represent us. In that spirit, give them the gift of discernment to sense Your will even in the day-to-day work that they do. Give them the gift of courage to make decisions that may seem unpopular to our human sensibilities. Give them the gift of empathy to hear the voices of those who struggle to be heard, so that our state might become a small glimpse of Your Kingdom—a place where all are valued as Your children. And in all things, may they not be overwhelmed by the responsibilities entrusted to them, but empowered by the gifts You have given them, always using them for the benefit of all the people of our state in a spirit of grace and humility.
Lord, I ask that Your spirit of unity rest on this place and in the hearts of all who serve the people of Michigan so that together we can continue the journey toward Your vision for us and our state. Set aside within each of us the small things that get in the way of seeing the greater good that You make possible as our creating, forgiving, and redeeming God. And may all that is accomplished here be to Your glory rather than ours. I pray these things in a spirit of thankfulness for these leaders who have answered Your call to serve. Amen.”
Motions and Resolutions
Reps. Knezek, Crawford, Brown, Driskell, Durhal, Geiss, Heise, Howrylak, Kelly, LaVoy, Poleski, Roberts, Segal, Singh, Slavens and Stanley offered the following resolution:
House Resolution No. 263.
A resolution to commemorate the 238th anniversary of the founding of the United States Marine Corps.
Whereas, On November 10, 1775, the Continental Congress passed a resolution to raise two battalions of American Marines, thereby establishing that date as the official birthday of the United States Marine Corps; and
Whereas, Since its creation, the United States Marine Corps has served our country with honor, courage, and commitment while protecting our boarders and securing our freedoms through their overwhelming skill and ability in carrying out combat operations on land, sea, and air; and
Whereas, Since our country has established a position of world leadership, the Marines have proven to be dedicated professionals willing to defend lives of American citizens while protecting the values that define our country; and
Whereas, The United States Marine Corps, true to its motto of “Semper Fidelis”, has served our country faithfully and with profound distinction for 238 years; and
Whereas, A Marine stands prepared to defend the interests of these United States, to hold their ground against any enemy, foreign or domestic, and is prepared to be located anywhere in the world within 72 hours to serve at the will of the President or when Congress shall designate; and
Whereas, An enlistment in the United States Marine Corps is like no other. The United States Marine Corps is the only branch of the military that offer no incentives for enlistment and there remains no end date, just a discharge date, to one’s time as a United States Marine; and
Whereas, The oath taken by a United States Marine is for eternity: “Once a Marine, Always a Marine.” This sacred bond of brotherhood and sisterhood remains deeply engrained in Marine culture, resulting in one of the tightest knit communities of active duty, reserve, and veteran service members; and
Whereas, Marines will never yield to oppression, never bow to the enemy, never surrender, and will defend our Constitution, our country, and its citizens to the last drop of blood and will never leave a man behind; and
Whereas, Many Michiganders have earned the title Marine, have fought in campaigns across the world, and continue to serve and fight in Iraq, Afghanistan, and other locations across the world today; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate the 238th anniversary of the founding of the United States Marine Corps. We encourage all Michigan residents to join in celebrating this occasion on November 10, 2013.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Haines, Brown, Driskell, Durhal, Geiss, Heise, Poleski, Segal and Slavens offered the following resolution:
House Resolution No. 264.
A resolution to declare November 7, 2013, as Prematurity Day in the state of Michigan.
Whereas, Prematurity has been increasing steadily and alarmingly over the past two decades. One out of eight babies is born prematurely in the United States. Every year, an estimated 13 million babies worldwide are born too soon and too small. More than a million of these tiny babies do not survive; and
Whereas, Half of all neurological disabilities in children are related to premature birth. Premature babies face an increased risk of serious medical complications and death, including lasting disabilities such as cerebral palsy, intellectual and developmental disabilities, chronic lung disease, and vision and hearing problems; and
Whereas, Doctors have made marvelous advances in caring for babies born too soon and too small. We need to find ways to prevent preterm birth from happening in the first place; and
Whereas, Women who have had a previous preterm birth, who are pregnant with twins, triplets or more, or women with certain uterine or cervical abnormalities are more at risk for having premature births. Preterm labor and delivery can happen to any pregnant woman; and
Whereas, Organizations such as the March of Dimes have worked tirelessly to raise public awareness of the problems of prematurity and to decrease the rate of preterm birth in the United States; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare November 7, 2013, as Prematurity Day in the state of Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to the March of Dimes with our highest esteem.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Brown, Driskell, Durhal, Geiss, Heise, Howrylak, Kelly, LaVoy, Poleski, Segal, Singh, Slavens and Stanley offered the following resolution:
House Resolution No. 265.
A resolution to commemorate the 100th anniversary of the Great Lakes Storm of 1913.
Whereas, Surrounded by four of the five Great Lakes and blessed with over 3,000 miles of freshwater shoreline, the Great Lakes are regarded as having a unique metrological impact on weather statewide; and
Whereas, Michigan regularly attracts recreational divers, as well as scholars and historians to research the thousands of ships beneath the surface of her waters; and
Whereas, From the 8th through the 10th of November 1913, the weather phenomenon better known as the “White Hurricane” laid waste to much of the state’s shipping economy; and
Whereas, The 9th of November 1913 was the heaviest day of the storm resulting in the destruction to ships throughout the state, but most notably in Lake Huron; and
Whereas, A remembrance of the storm and its aftermath are part of a featured exhibit of the Port Huron Museum known as “The Centennial Of the Worst Great Lakes Maritime Disaster in History”; and
Whereas, The Port Huron Museum will host a panel of scholars, authors, musicians and other Great Lakes enthusiasts known as the Blue Water Chautauqua to further explore the events of November 1913; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate the 100th anniversary of the Great Lakes Storm of 1913. We honor the memories of the 300 mariners lost, the 40 ships affected, and the dozen vessels that were foundered by this powerful weather event.
The question being on the adoption of the resolution,
Rep. Brown moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution No. 265.
A resolution commemorating November 7-10, 2013, as the centennial anniversary of the Great Storm of 1913 in the state of Michigan.
Whereas, The purpose of this resolution is to honor the memories of the nearly 300 mariners lost, the 40 ships affected and the 19 vessels that were foundered by the Great Lakes Storm of 1913; and
Whereas, Surrounded by four of the five Great Lakes and blessed with over 3,000 miles of freshwater shoreline, the Lakes are regarded as having a unique metrological impact on weather statewide, and
Whereas, Michigan regularly attracts recreational divers, as well as scholars and historians to research the thousands of ships beneath the surface of her waters, and
Whereas, From the 7th through the 10th of November 1913, the weather phenomenon better known as the “White Hurricane” laid waste to much of the state’s shipping economy, and
Whereas, The 9th of November 1913 was the heaviest day of the storm resulting in the destruction to ships throughout the state but most notably in Lake Huron, and
Whereas, A remembrance of the storm and its aftermath are part of a featured exhibit of the Port Huron Museum known as The Centennial Of the Worst Great Lakes Maritime Disaster in History, and
Whereas, The Port Huron Museum will host a panel of scholars, authors, musicians and other Great Lakes enthusiasts known as the Blue Water Chautauqua to further explore the events of November 1913, and
Resolved by the House of Representatives, That the members of this legislative body commemorate November 7-10, 2013, as the centennial anniversary of the Great Storm of 1913 in the state of Michigan.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Reports of Standing Committees
The Speaker laid before the House
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.)
(The resolution was reported by the Committee on Military and Veterans Affairs on November 6.)
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Stamas was named co‑sponsor of the resolution.
Third Reading of Bills
House Bill No. 5008, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 623, 665, and 671 (MCL 206.623, 206.665, and 206.671), section 623 as amended by 2012 PA 414, section 665 as added by 2011 PA 38, and section 671 as amended by 2011 PA 313.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 375 Yeas—109
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs MacMaster Shirkey
Cavanagh Hooker McBroom Singh
Clemente Hovey-Wright McCann Slavens
Cochran Howrylak McCready Smiley
Cotter Irwin McMillin Somerville
Crawford Jacobsen Muxlow Stallworth
Daley Jenkins Nathan Stamas
Darany Johnson Nesbitt Stanley
Denby Kandrevas O’Brien Switalski
Dianda Kelly Oakes Talabi
Dillon Kesto Olumba Tlaib
Driskell Kivela Outman Townsend
Durhal Knezek Pagel VerHeulen
Faris Kosowski Pettalia Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski
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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 376 Yeas—108
Abed Genetski Lane Rendon
Banks Glardon Lauwers Roberts
Barnett Goike LaVoy Rogers
Bolger Graves Leonard Rutledge
Brinks Greimel Lipton Santana
Brown Haines Lori Schmidt
Brunner Haugh Lund Schor
Bumstead Haveman Lyons Segal
Callton Heise MacGregor Shirkey
Cavanagh Hobbs MacMaster Singh
Clemente Hooker McBroom Slavens
Cochran Hovey-Wright McCann Smiley
Cotter Howrylak McCready Somerville
Crawford Irwin McMillin Stallworth
Daley Jacobsen Muxlow Stamas
Darany Jenkins Nathan Stanley
Denby Johnson Nesbitt Switalski
Dianda Kandrevas O’Brien Talabi
Dillon Kelly Oakes Tlaib
Driskell Kesto Olumba Townsend
Durhal Kivela Outman VerHeulen
Faris Knezek Pagel Victory
Farrington Kosowski Pettalia Walsh
Forlini Kowall Poleski Yanez
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zemke
Geiss Lamonte Pscholka Zorn
Nays—1
Robinson
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. 5010, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 625 and 663 (MCL 206.625 and 206.663), section 625 as amended by 2011 PA 175 and section 663 as amended by 2011 PA 308.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 377 Yeas—108
Abed Genetski Lane Rendon
Banks Glardon Lauwers Roberts
Barnett Goike LaVoy Rogers
Bolger Graves Leonard Rutledge
Brinks Greimel Lipton Santana
Brown Haines Lori Schmidt
Brunner Haugh Lund Schor
Bumstead Haveman Lyons Segal
Callton Heise MacGregor Shirkey
Cavanagh Hobbs MacMaster Singh
Clemente Hooker McBroom Slavens
Cochran Hovey-Wright McCann Smiley
Cotter Howrylak McCready Somerville
Crawford Irwin McMillin Stallworth
Daley Jacobsen Muxlow Stamas
Darany Jenkins Nathan Stanley
Denby Johnson Nesbitt Switalski
Dianda Kandrevas O’Brien Talabi
Dillon Kelly Oakes Tlaib
Driskell Kesto Olumba Townsend
Durhal Kivela Outman VerHeulen
Faris Knezek Pagel Victory
Farrington Kosowski Pettalia Walsh
Forlini Kowall Poleski Yanez
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zemke
Geiss Lamonte Pscholka Zorn
Nays—1
Robinson
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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 378 Yeas—108
Abed Genetski Lane Rendon
Banks Glardon Lauwers Roberts
Barnett Goike LaVoy Rogers
Bolger Graves Leonard Rutledge
Brinks Greimel Lipton Santana
Brown Haines Lori Schmidt
Brunner Haugh Lund Schor
Bumstead Haveman Lyons Segal
Callton Heise MacGregor Shirkey
Cavanagh Hobbs MacMaster Singh
Clemente Hooker McBroom Slavens
Cochran Hovey-Wright McCann Smiley
Cotter Howrylak McCready Somerville
Crawford Irwin McMillin Stallworth
Daley Jacobsen Muxlow Stamas
Darany Jenkins Nathan Stanley
Denby Johnson Nesbitt Switalski
Dianda Kandrevas O’Brien Talabi
Dillon Kelly Oakes Tlaib
Driskell Kesto Olumba Townsend
Durhal Kivela Outman VerHeulen
Faris Knezek Pagel Victory
Farrington Kosowski Pettalia Walsh
Forlini Kowall Poleski Yanez
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zemke
Geiss Lamonte Pscholka Zorn
Nays—1
Robinson
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. 5041, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 500 (MCL 208.1500), as amended by 2011 PA 292.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 379 Yeas—108
Abed Genetski Lane Rendon
Banks Glardon Lauwers Roberts
Barnett Goike LaVoy Rogers
Bolger Graves Leonard Rutledge
Brinks Greimel Lipton Santana
Brown Haines Lori Schmidt
Brunner Haugh Lund Schor
Bumstead Haveman Lyons Segal
Callton Heise MacGregor Shirkey
Cavanagh Hobbs MacMaster Singh
Clemente Hooker McBroom Slavens
Cochran Hovey-Wright McCann Smiley
Cotter Howrylak McCready Somerville
Crawford Irwin McMillin Stallworth
Daley Jacobsen Muxlow Stamas
Darany Jenkins Nathan Stanley
Denby Johnson Nesbitt Switalski
Dianda Kandrevas O’Brien Talabi
Dillon Kelly Oakes Tlaib
Driskell Kesto Olumba Townsend
Durhal Kivela Outman VerHeulen
Faris Knezek Pagel Victory
Farrington Kosowski Pettalia Walsh
Forlini Kowall Poleski Yanez
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zemke
Geiss Lamonte Pscholka Zorn
Nays—1
Robinson
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. 4858, entitled
A bill to amend 1999 PA 276, entitled “Banking code of 1999,” (MCL 487.11101 to 487.15105) by adding section 4110.
Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 380 Yeas—108
Abed Genetski Lane Rendon
Banks Glardon Lauwers Roberts
Barnett Goike LaVoy Rogers
Bolger Graves Leonard Rutledge
Brinks Greimel Lipton Santana
Brown Haines Lori Schmidt
Brunner Haugh Lund Schor
Bumstead Haveman Lyons Segal
Callton Heise MacGregor Shirkey
Cavanagh Hobbs MacMaster Singh
Clemente Hooker McBroom Slavens
Cochran Hovey-Wright McCann Smiley
Cotter Howrylak McCready Somerville
Crawford Irwin McMillin Stallworth
Daley Jacobsen Muxlow Stamas
Darany Jenkins Nathan Stanley
Denby Johnson Nesbitt Switalski
Dianda Kandrevas O’Brien Talabi
Dillon Kelly Oakes Tlaib
Driskell Kesto Olumba Townsend
Durhal Kivela Outman VerHeulen
Faris Knezek Pagel Victory
Farrington Kosowski Pettalia Walsh
Forlini Kowall Poleski Yanez
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zemke
Geiss Lamonte Pscholka Zorn
Nays—1
Robinson
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. 4859, entitled
A bill to amend 1996 PA 354, entitled “Savings bank act,” (MCL 487.3101 to 487.3804) by adding section 436.
Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 381 Yeas—108
Abed Genetski Lane Rendon
Banks Glardon Lauwers Roberts
Barnett Goike LaVoy Rogers
Bolger Graves Leonard Rutledge
Brinks Greimel Lipton Santana
Brown Haines Lori Schmidt
Brunner Haugh Lund Schor
Bumstead Haveman Lyons Segal
Callton Heise MacGregor Shirkey
Cavanagh Hobbs MacMaster Singh
Clemente Hooker McBroom Slavens
Cochran Hovey-Wright McCann Smiley
Cotter Howrylak McCready Somerville
Crawford Irwin McMillin Stallworth
Daley Jacobsen Muxlow Stamas
Darany Jenkins Nathan Stanley
Denby Johnson Nesbitt Switalski
Dianda Kandrevas O’Brien Talabi
Dillon Kelly Oakes Tlaib
Driskell Kesto Olumba Townsend
Durhal Kivela Outman VerHeulen
Faris Knezek Pagel Victory
Farrington Kosowski Pettalia Walsh
Forlini Kowall Poleski Yanez
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zemke
Geiss Lamonte Pscholka Zorn
Nays—1
Robinson
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. 5014, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1024.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 382 Yeas—106
Abed Glardon Lauwers Rendon
Barnett Goike LaVoy Roberts
Bolger Graves Leonard Rogers
Brinks Greimel Lipton Rutledge
Brown Haines Lori Santana
Brunner Haugh Lund Schmidt
Bumstead Haveman Lyons Schor
Callton Heise MacGregor Segal
Cavanagh Hobbs MacMaster Shirkey
Clemente Hooker McBroom Singh
Cochran Hovey-Wright McCann Slavens
Cotter Howrylak McCready Smiley
Crawford Irwin McMillin Somerville
Daley Jacobsen Muxlow Stallworth
Darany Jenkins Nathan Stamas
Denby Johnson Nesbitt Stanley
Dianda Kandrevas O’Brien Switalski
Dillon Kelly Oakes Tlaib
Driskell Kesto Olumba Townsend
Durhal Kivela Outman VerHeulen
Faris Knezek Pagel Victory
Farrington Kosowski Pettalia Walsh
Forlini Kowall Poleski Yanez
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zemke
Geiss Lamonte Pscholka Zorn
Genetski Lane
Nays—3
Banks Robinson Talabi
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. 5015, entitled
A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” (MCL 431.301 to 431.336) by adding section 9b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 383 Yeas—108
Abed Genetski Lane Rendon
Banks Glardon Lauwers Roberts
Barnett Goike LaVoy Rogers
Bolger Graves Leonard Rutledge
Brinks Greimel Lipton Santana
Brown Haines Lori Schmidt
Brunner Haugh Lund Schor
Bumstead Haveman Lyons Segal
Callton Heise MacGregor Shirkey
Cavanagh Hobbs MacMaster Singh
Clemente Hooker McBroom Slavens
Cochran Hovey-Wright McCann Smiley
Cotter Howrylak McCready Somerville
Crawford Irwin McMillin Stallworth
Daley Jacobsen Muxlow Stamas
Darany Jenkins Nathan Stanley
Denby Johnson Nesbitt Switalski
Dianda Kandrevas O’Brien Talabi
Dillon Kelly Oakes Tlaib
Driskell Kesto Olumba Townsend
Durhal Kivela Outman VerHeulen
Faris Knezek Pagel Victory
Farrington Kosowski Pettalia Walsh
Forlini Kowall Poleski Yanez
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zemke
Geiss Lamonte Pscholka Zorn
Nays—1
Robinson
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. 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 384 Yeas—89
Bolger Greimel Lauwers Poleski
Brinks Haines LaVoy Potvin
Brown Haugh Leonard Price
Brunner Haveman Lipton Pscholka
Bumstead Heise Lori Rendon
Callton Hooker Lund Rogers
Cavanagh Hovey-Wright Lyons Rutledge
Clemente Howrylak MacGregor Santana
Cotter Jacobsen MacMaster Schmidt
Crawford Jenkins McBroom Schor
Daley Johnson McCann Segal
Darany Kandrevas McCready Shirkey
Denby Kelly McMillin Slavens
Dianda Kesto Muxlow Smiley
Dillon Kivela Nathan Somerville
Farrington Knezek Nesbitt Stamas
Forlini Kosowski O’Brien Stanley
Foster Kowall Oakes VerHeulen
Franz Kurtz Olumba Victory
Genetski LaFontaine Outman Walsh
Glardon Lamonte Pagel Yonker
Goike Lane Pettalia Zorn
Graves
Nays—20
Abed Durhal Roberts Talabi
Banks Faris Robinson Tlaib
Barnett Geiss Singh Townsend
Cochran Hobbs Stallworth Yanez
Driskell Irwin Switalski Zemke
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.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Cotter to the Chair.
Senate Bill No. 539, entitled
A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 7 (MCL 691.1407), as amended by 2005 PA 318.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 385 Yeas—109
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs MacMaster Shirkey
Cavanagh Hooker McBroom Singh
Clemente Hovey-Wright McCann Slavens
Cochran Howrylak McCready Smiley
Cotter Irwin McMillin Somerville
Crawford Jacobsen Muxlow Stallworth
Daley Jenkins Nathan Stamas
Darany Johnson Nesbitt Stanley
Denby Kandrevas O’Brien Switalski
Dianda Kelly Oakes Talabi
Dillon Kesto Olumba Tlaib
Driskell Kivela Outman Townsend
Durhal Knezek Pagel VerHeulen
Faris Kosowski Pettalia Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski
Nays—0
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Lyons moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 540, entitled
A bill to enhance public safety, protect the environment, and prevent the disruption of vital public services by reducing the incidences of damage to underground facilities caused by excavation or blasting activity by providing notices to facility owners and facility operators before excavation or blasting; to provide for certain notices to affected parties when underground facilities are damaged; to provide for the powers and duties of certain state governmental officers and entities; to allow the promulgation of rules; to prescribe penalties; to allow the imposition of a fee; to provide for immunity for certain individuals; to allow claims for damages against certain governmental entities in certain circumstances; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 386 Yeas—109
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs MacMaster Shirkey
Cavanagh Hooker McBroom Singh
Clemente Hovey-Wright McCann Slavens
Cochran Howrylak McCready Smiley
Cotter Irwin McMillin Somerville
Crawford Jacobsen Muxlow Stallworth
Daley Jenkins Nathan Stamas
Darany Johnson Nesbitt Stanley
Denby Kandrevas O’Brien Switalski
Dianda Kelly Oakes Talabi
Dillon Kesto Olumba Tlaib
Driskell Kivela Outman Townsend
Durhal Knezek Pagel VerHeulen
Faris Kosowski Pettalia Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski
Nays—0
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Lyons moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 387 Yeas—58
Bolger Haugh Lauwers Pettalia
Callton Haveman Leonard Poleski
Cotter Heise Lori Potvin
Crawford Hooker Lund Price
Daley Howrylak Lyons Pscholka
Denby Irwin McBroom Rendon
Dianda Jacobsen McCready Rogers
Durhal Jenkins McMillin Schmidt
Farrington Johnson Muxlow Schor
Foster Kelly Nathan Shirkey
Franz Kesto Nesbitt Somerville
Genetski Kowall Oakes Stamas
Goike Kurtz Outman Victory
Graves LaFontaine Pagel Walsh
Haines Lane
Nays—51
Abed Faris Lipton Smiley
Banks Forlini MacGregor Stallworth
Barnett Geiss MacMaster Stanley
Brinks Glardon McCann Switalski
Brown Greimel O’Brien Talabi
Brunner Hobbs Olumba Tlaib
Bumstead Hovey-Wright Roberts Townsend
Cavanagh Kandrevas Robinson VerHeulen
Clemente Kivela Rutledge Yanez
Cochran Knezek Santana Yonker
Darany Kosowski Segal Zemke
Dillon Lamonte Singh Zorn
Driskell LaVoy Slavens
In The Chair: Cotter
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. 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 388 Yeas—109
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs MacMaster Shirkey
Cavanagh Hooker McBroom Singh
Clemente Hovey-Wright McCann Slavens
Cochran Howrylak McCready Smiley
Cotter Irwin McMillin Somerville
Crawford Jacobsen Muxlow Stallworth
Daley Jenkins Nathan Stamas
Darany Johnson Nesbitt Stanley
Denby Kandrevas O’Brien Switalski
Dianda Kelly Oakes Talabi
Dillon Kesto Olumba Tlaib
Driskell Kivela Outman Townsend
Durhal Knezek Pagel VerHeulen
Faris Kosowski Pettalia Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski
Nays—0
In The Chair: Cotter
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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 389 Yeas—109
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs MacMaster Shirkey
Cavanagh Hooker McBroom Singh
Clemente Hovey-Wright McCann Slavens
Cochran Howrylak McCready Smiley
Cotter Irwin McMillin Somerville
Crawford Jacobsen Muxlow Stallworth
Daley Jenkins Nathan Stamas
Darany Johnson Nesbitt Stanley
Denby Kandrevas O’Brien Switalski
Dianda Kelly Oakes Talabi
Dillon Kesto Olumba Tlaib
Driskell Kivela Outman Townsend
Durhal Knezek Pagel VerHeulen
Faris Kosowski Pettalia Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski
Nays—0
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Lyons moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 390 Yeas—109
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs MacMaster Shirkey
Cavanagh Hooker McBroom Singh
Clemente Hovey-Wright McCann Slavens
Cochran Howrylak McCready Smiley
Cotter Irwin McMillin Somerville
Crawford Jacobsen Muxlow Stallworth
Daley Jenkins Nathan Stamas
Darany Johnson Nesbitt Stanley
Denby Kandrevas O’Brien Switalski
Dianda Kelly Oakes Talabi
Dillon Kesto Olumba Tlaib
Driskell Kivela Outman Townsend
Durhal Knezek Pagel VerHeulen
Faris Kosowski Pettalia Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski
Nays—0
In The Chair: Cotter
The House agreed to the title of the bill.
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 391 Yeas—109
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs MacMaster Shirkey
Cavanagh Hooker McBroom Singh
Clemente Hovey-Wright McCann Slavens
Cochran Howrylak McCready Smiley
Cotter Irwin McMillin Somerville
Crawford Jacobsen Muxlow Stallworth
Daley Jenkins Nathan Stamas
Darany Johnson Nesbitt Stanley
Denby Kandrevas O’Brien Switalski
Dianda Kelly Oakes Talabi
Dillon Kesto Olumba Tlaib
Driskell Kivela Outman Townsend
Durhal Knezek Pagel VerHeulen
Faris Kosowski Pettalia Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski
Nays—0
In The Chair: Cotter
The House agreed to the title of the bill.
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 392 Yeas—109
Abed Glardon Lauwers Roberts
Banks Goike LaVoy Robinson
Barnett Graves Leonard Rogers
Bolger Greimel Lipton Rutledge
Brinks Haines Lori Santana
Brown Haugh Lund Schmidt
Brunner Haveman Lyons Schor
Bumstead Heise MacGregor Segal
Callton Hobbs MacMaster Shirkey
Cavanagh Hooker McBroom Singh
Clemente Hovey-Wright McCann Slavens
Cochran Howrylak McCready Smiley
Cotter Irwin McMillin Somerville
Crawford Jacobsen Muxlow Stallworth
Daley Jenkins Nathan Stamas
Darany Johnson Nesbitt Stanley
Denby Kandrevas O’Brien Switalski
Dianda Kelly Oakes Talabi
Dillon Kesto Olumba Tlaib
Driskell Kivela Outman Townsend
Durhal Knezek Pagel VerHeulen
Faris Kosowski Pettalia Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski
Nays—0
In The Chair: Cotter
The House agreed to the title of the bill.
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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 393 Yeas—107
Abed Genetski LaVoy Robinson
Banks Glardon Leonard Rogers
Barnett Goike Lipton Rutledge
Bolger Graves Lori Santana
Brinks Greimel Lund Schmidt
Brown Haines Lyons Schor
Brunner Haugh MacGregor Segal
Bumstead Haveman MacMaster Shirkey
Callton Heise McBroom Singh
Cavanagh Hobbs McCann Slavens
Clemente Hooker McCready Smiley
Cochran Hovey-Wright McMillin Somerville
Cotter Howrylak Muxlow Stallworth
Crawford Irwin Nathan Stamas
Daley Jacobsen Nesbitt Stanley
Darany Jenkins O’Brien Switalski
Denby Johnson Oakes Talabi
Dianda Kelly Olumba Tlaib
Dillon Kesto Outman Townsend
Driskell Kivela Pagel VerHeulen
Durhal Knezek Pettalia Victory
Faris Kowall Poleski Walsh
Farrington Kurtz Potvin Yanez
Forlini LaFontaine Price Yonker
Foster Lamonte Pscholka Zemke
Franz Lane Rendon Zorn
Geiss Lauwers Roberts
Nays—2
Kandrevas Kosowski
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Lyons moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4878, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509o (MCL 168.509o), as added by 1994 PA 441, and by adding sections 645a, 659a, and 661a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Elections and Ethics,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Jacobsen moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4941, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16181 (MCL 333.16181), as amended by 2006 PA 643.
The bill was read a second time.
Rep. Haines moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
The bill was read a second time.
Rep. Walsh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
The bill was read a second time.
Rep. Walsh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
The bill was read a second time.
Rep. Lyons moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4907, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 78 and 79 (MCL 750.78 and 750.79), as amended by 2012 PA 533.
The bill was read a second time.
Rep. Walsh moved to amend the bill as follows:
1. Amend page 2, line 14, after “damaged” by inserting “OR DESTROYED”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Walsh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Justice,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Walsh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4133, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5o (MCL 28.425o), as amended by 2012 PA 123.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Johnson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4350, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5o (MCL 28.425o), as amended by 2012 PA 123.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Townsend moved to amend the bill as follows:
1. Amend page 6, following line 8, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4774 of the 97th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Leonard moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4715, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224f (MCL 750.224f), as added by 1992 PA 217.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Nesbitt moved to amend the bill as follows:
1. Amend page 4, line 4, after “section” by striking out the comma and ““felony”” and inserting a colon and:
“(A) “AMMUNITION” MEANS ANY PROJECTILE THAT, IN ITS CURRENT STATE, MAY BE EXPELLED FROM A FIREARM BY AN EXPLOSIVE.
(B) “FELONY””.
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.
House Bill No. 4716, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2012 PA 124.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Graves moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4717, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 4 (MCL 28.424), as added by 1992 PA 219.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Kesto moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Judiciary, by Rep. Cotter, Chair, reported
House Bill No. 4134, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5l and 5o (MCL 28.425l and 28.425o), section 5l as amended by 2012 PA 32 and section 5o as amended by 2012 PA 123.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 4, line 1, after the first “officer,” by inserting “or”.
2. Amend page 4, line 1, after the second “officer” by striking out the balance of the subsection and inserting a period.
3. Amend page 4, following line 23, by inserting:
“(10) THE PORTION OF THE EDUCATIONAL REQUIREMENTS UNDER SECTION 5B(7)(C) DESCRIBED IN SECTION 5J(1)(B) ARE WAIVED FOR AN APPLICANT WHO IS A PERSON ON ACTIVE DUTY STATUS WITH THE UNITED STATES ARMED FORCES, OR A PERSON WHO RECEIVED AN HONORABLE DISCHARGE FROM THE UNITED STATES ARMED FORCES AT THE TIME OF HIS OR HER SEPARATION.”.
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton and Clemente
Nays: Rep. Irwin
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cotter, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Thursday, November 7, 2013
Present: Reps. Cotter, Kesto, Heise, Jacobsen, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente
Second Reading of Bills
House Bill No. 4134, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5l and 5o (MCL 28.425l and 28.425o), section 5l as amended by 2012 PA 32 and section 5o as amended by 2012 PA 123.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see today’s Journal, p. 1789),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Foster moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Lyons 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 Thursday, November 7:
House Bill Nos. 5135 5136 5137 5138 5139
The Clerk announced that the following Senate bills and joint resolution had been received on Thursday, November 7:
Senate Bill Nos. 504 505 506 507 575 576 577 578 650 651
Senate Joint Resolution V
Reports of Standing Committees
The Committee on Tourism, by Rep. Pettalia, Chair, reported
House Bill No. 5103, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72110 (MCL 324.72110), as amended by 2010 PA 46.
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. Pettalia, Goike, Crawford, Genetski, Rendon, Pagel, Kosowski, Brunner and Kivela
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Pettalia, Chair, of the Committee on Tourism, was received and read:
Meeting held on: Thursday, November 7, 2013
Present: Reps. Pettalia, Goike, Crawford, Genetski, Rendon, Pagel, Kosowski, Brunner and Kivela
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Poleski, Chair, of the Committee on Financial Liability Reform, was received and read:
Meeting held on: Thursday, November 7, 2013
Present: Reps. Poleski, Victory, Denby, McMillin, Schmidt, Shirkey, Callton, Cavanagh, Talabi, Irwin and Robinson
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Price, Chair, of the Committee on Local Government, was received and read:
Meeting held on: Thursday, November 7, 2013
Present: Reps. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Rutledge, Stanley, Banks and Talabi
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lund, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, November 7, 2013
Present: Reps. Lund, Leonard, Denby, Cotter, Glardon, Goike, LaFontaine, Lyons, Nesbitt, O’Brien, Segal, Lipton, Abed, Cochran and Hovey-Wright
Messages from the Senate
House Bill No. 4277, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2010 PA 279.
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. 504, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 925 (MCL 436.1925).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 505, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 609 (MCL 436.1609), as amended by 2010 PA 175.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 506, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 409 (MCL 436.1409), as amended by 2000 PA 395.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 507, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 301 (MCL 436.1301).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 575, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16231 and 16232 (MCL 333.16231 and 333.16232), section 16231 as amended by 2010 PA 382 and section 16232 as amended by 1993 PA 79, and by adding section 16216a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 576, entitled
A bill to establish supplemental conflict of interest standards for members of regulatory bodies in the department of licensing and regulatory affairs; to require disclosure of certain interests; to provide grounds for removal of members of regulatory bodies; to provide a process for raising and determining possible conflicts of interest; and to provide for voiding certain actions taken in violation of this act.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 577, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16221, 16222, 16226, and 16227 (MCL 333.16221, 333.16222, 333.16226, and 333.16227), section 16221 as amended by 2012 PA 501, section 16222 as added and section 16227 as amended by 1993 PA 79, and section 16226 as amended by 2012 PA 499.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 578, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16216 (MCL 333.16216), as added by 1993 PA 87.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 650, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 203 (MCL 436.1203), as amended by 2008 PA 474.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 651, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 109 (MCL 436.1109), as amended by 2010 PA 213.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Joint Resolution V, entitled
A joint resolution to petition the congress of the United States to call a convention to propose amendments to the constitution of the United States to require a balanced federal budget.
The Senate has passed the bill.
The joint resolution was read a first time by its title and referred to the Committee on Financial Liability Reform.
Explanation of “No” Votes
Rep. Lipton, having reserved the right to explain her protest against the passage of Senate Bill No. 652, 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.
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.
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.”
Introduction of Bills
Rep. Walsh introduced
House Bill No. 5140, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 531 (MCL 436.1531), as amended by 2012 PA 212.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
______
Rep. Crawford moved that the House adjourn.
The motion prevailed, the time being 2:45 p.m.
Associate Speaker Pro Tempore Cotter declared the House adjourned until Tuesday, November 12, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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