No. 4
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
97th Legislature
REGULAR SESSION OF 2014
House Chamber, Lansing, Wednesday, January 15, 2014.
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 LaVoy—present Roberts—present
Banks—present Goike—present Leonard—present Robinson—present
Barnett—present Graves—present Lipton—present Rogers—present
Bolger—present Greimel—present Lori—present Rutledge—present
Brinks—present Haines—present Lund—present Santana—present
Brown—present Haugh—present Lyons—present Schmidt—present
Brunner—present Haveman—present MacGregor—present Schor—present
Bumstead—present Heise—present MacMaster—excused Segal—present
Callton—present Hobbs—present McBroom—present Shirkey—present
Cavanagh—present Hooker—present McCann—present Singh—present
Clemente—present Hovey-Wright—present McCready—present Slavens—present
Cochran—present Howrylak—present McMillin—present Smiley—present
Cotter—present Irwin—present Muxlow—present Somerville—present
Crawford—present Jacobsen—present Nathan—present Stallworth—e/d/s
Daley—present Jenkins—present Nesbitt—present Stamas—present
Darany—present Johnson—present O’Brien—present Stanley—present
Denby—present Kandrevas—present Oakes—present Switalski—present
Dianda—present Kelly—present Olumba—present Talabi—present
Dillon—present Kesto—present Outman—present Tlaib—present
Driskell—present Kivela—present Pagel—present Townsend—present
Durhal—present Knezek—present Pettalia—present VerHeulen—present
Faris—present Kosowski—present Phelps—present Victory—present
Farrington—present Kowall—present Poleski—present Walsh—present
Forlini—present Kurtz—present Potvin—present Yanez—excused
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 Lauwers—present
e/d/s = entered during session
Rep. Douglas Geiss, from the 12th District, offered the following invocation:
“Dear Lord, today, like all session days, we pause to ask You to watch over and protect our State.
Today is no different, Lord, but our focus is sharper.
Today, We pray that You watch over the City of Detroit.
Your watchful eye and guidance is needed because Michigan’s largest city is at a cross-roads.
We pray that You lead the City on the right path to a sound foundation for its residents, businesses and visitors.
We pray that You bring us together in an effort to restore our largest City.
Today, as Father Gabriel Richard wrote 200 years ago, ‘We hope for better things, it will arise from the ashes.’
Amen.”
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Rep. Stamas moved that Rep. MacMaster be excused from today’s session.
The motion prevailed.
______
The Speaker called Associate Speaker Pro Tempore Cotter to the Chair.
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Rep. Rutledge moved that Rep. Yanez be excused from today’s session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4629, entitled
A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 2, 4, 6, 7, 7a, 11, 11a, 15, 17, and 18 (MCL 252.302, 252.304, 252.306, 252.307, 252.307a, 252.311, 252.311a, 252.315, 252.317, and 252.318), sections 2, 7, 11a, and 18 as amended by 2009 PA 86, section 4 as amended by 2008 PA 93, sections 6, 11, and 15 as amended by 2006 PA 448, and sections 7a and 17 as amended by 2011 PA 13, and by adding sections 17a and 17b.
(The bill was received from the Senate on December 12, 2013 with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 13, 2013, see House Journal No. 106 of 2013, p. 2065.)
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
Rep. Jacobsen moved to amend the Senate substitute (S-3) as follows:
1. Amend page 20, line 7, after “(6)” by striking out “ALL” and inserting “BOTH”.
2. Amend page 20, line 20, by striking out the balance of the section and inserting:
“(B) BEGINNING ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBDIVISION AND ENDING 1 YEAR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBDIVISION, FOR THE FIRST 8 NONSTANDARD SIGNS FOR WHICH THE OWNER APPLIES FOR A DIGITAL BILLBOARD PERMIT UNDER SUBDIVISION (A), THE OWNER SHALL NOT BE REQUIRED TO SURRENDER 3 INTERIM PERMITS. THIS SUBDIVISION ONLY APPLIES TO SIGNS LOCATED IN A COUNTY HAVING A POPULATION OF NOT LESS THAN 750,000. THE SPACING REQUIREMENTS UNDER SECTION 17(4) APPLY TO THE FIRST 8 NONSTANDARD SIGNS FOR WHICH THE OWNER APPLIES FOR A DIGITAL BILLBOARD PERMIT UNDER SUBDIVISION (A).”.
3. Amend page 45, line 1, after “(4)” by striking out the balance of the subsection and inserting “BEGINNING ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION AND ENDING 6 MONTHS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, FOR THE FIRST 8 NONSTANDARD SIGNS FOR WHICH THE OWNER APPLIES FOR A DIGITAL BILLBOARD PERMIT UNDER SECTION 6(6)(A) WITHOUT HAVING TO SURRENDER 3 INTERIM PERMITS AS PROVIDED UNDER SECTION 6(6)(B), EACH SIGN SHALL NOT BE CLOSER THAN 1,000 FEET TO ANOTHER SIGN USING A DIGITAL BILLBOARD PERMIT ON EITHER SIDE OF THE HIGHWAY FACING THE SAME DIRECTION OF TRAFFIC. THIS SUBSECTION ONLY APPLIES TO SIGNS LOCATED IN A COUNTY HAVING A POPULATION OF NOT LESS THAN 750,000.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
The substitute (S-3), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1 Yeas—101
Abed Glardon Lauwers Pscholka
Banks Goike LaVoy Rendon
Bolger Graves Leonard Robinson
Brinks Greimel Lipton Rogers
Brown Haines Lori Rutledge
Brunner Haugh Lund Santana
Bumstead Haveman Lyons Schmidt
Callton Heise MacGregor Schor
Cavanagh Hobbs McBroom Segal
Clemente Hooker McCann Shirkey
Cochran Hovey-Wright McCready Singh
Cotter Howrylak McMillin Slavens
Crawford Jacobsen Muxlow Smiley
Daley Jenkins Nathan Somerville
Darany Johnson Nesbitt Stamas
Denby Kandrevas O’Brien Stanley
Dianda Kelly Oakes Switalski
Dillon Kivela Olumba Tlaib
Durhal Knezek Outman Townsend
Faris Kosowski Pagel VerHeulen
Farrington Kowall Pettalia Victory
Forlini Kurtz Phelps Walsh
Foster LaFontaine Poleski Yonker
Franz Lamonte Potvin Zemke
Geiss Lane Price Zorn
Genetski
Nays—6
Barnett Irwin Roberts Talabi
Driskell Kesto
In The Chair: Cotter
The House agreed to the title as amended.
Third Reading of Bills
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.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Stamas moved that consideration of the bill be postponed for the day.
The motion prevailed.
House Bill No. 4288, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 18 (MCL 205.68), as amended by 2008 PA 438.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 2 Yeas—107
Abed Genetski Lane Rendon
Banks Glardon Lauwers Roberts
Barnett Goike LaVoy Robinson
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 McBroom Shirkey
Clemente Hooker McCann Singh
Cochran Hovey-Wright McCready Slavens
Cotter Howrylak McMillin Smiley
Crawford Irwin Muxlow Somerville
Daley Jacobsen Nathan Stamas
Darany Jenkins Nesbitt Stanley
Denby Johnson O’Brien Switalski
Dianda Kandrevas Oakes Talabi
Dillon Kelly Olumba Tlaib
Driskell Kesto Outman Townsend
Durhal Kivela Pagel VerHeulen
Faris Knezek Pettalia Victory
Farrington Kosowski Phelps Walsh
Forlini Kowall Poleski Yonker
Foster Kurtz Potvin Zemke
Franz LaFontaine Price Zorn
Geiss Lamonte Pscholka
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. 4292, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14a (MCL 205.104a), as amended by 2008 PA 439.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 3 Yeas—107
Abed Genetski Lane Rendon
Banks Glardon Lauwers Roberts
Barnett Goike LaVoy Robinson
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 McBroom Shirkey
Clemente Hooker McCann Singh
Cochran Hovey-Wright McCready Slavens
Cotter Howrylak McMillin Smiley
Crawford Irwin Muxlow Somerville
Daley Jacobsen Nathan Stamas
Darany Jenkins Nesbitt Stanley
Denby Johnson O’Brien Switalski
Dianda Kandrevas Oakes Talabi
Dillon Kelly Olumba Tlaib
Driskell Kesto Outman Townsend
Durhal Kivela Pagel VerHeulen
Faris Knezek Pettalia Victory
Farrington Kosowski Phelps Walsh
Forlini Kowall Poleski Yonker
Foster Kurtz Potvin Zemke
Franz LaFontaine Price Zorn
Geiss Lamonte Pscholka
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.
Second Reading of Bills
House Bill No. 5158, entitled
A bill to create the human trafficking commission act; to prescribe the membership of the human trafficking commission; and to prescribe the duties and responsibilities of the human trafficking commission.
The bill was read a second time.
Rep. Heise moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) 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.
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Rep. Stallworth entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 337, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending sections 27a and 30 (MCL 205.27a and 205.30), section 27a as amended by 2012 PA 211 and section 30 as amended by 1993 PA 14.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Farrington moved to substitute (H-4) the bill.
The motion was seconded and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 4 Yeas—108
Abed Genetski Lane Rendon
Banks Glardon Lauwers Roberts
Barnett Goike LaVoy Robinson
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 McBroom Shirkey
Clemente Hooker McCann Singh
Cochran Hovey-Wright McCready Slavens
Cotter Howrylak McMillin Smiley
Crawford Irwin Muxlow Somerville
Daley Jacobsen Nathan Stallworth
Darany Jenkins Nesbitt Stamas
Denby Johnson O’Brien Stanley
Dianda Kandrevas Oakes Switalski
Dillon Kelly Olumba Talabi
Driskell Kesto Outman Tlaib
Durhal Kivela Pagel Townsend
Faris Knezek Pettalia VerHeulen
Farrington Kosowski Phelps Victory
Forlini Kowall Poleski Walsh
Foster Kurtz Potvin Yonker
Franz LaFontaine Price Zemke
Geiss Lamonte Pscholka Zorn
Nays—0
In The Chair: Cotter
The question being on agreeing to the title of the bill,
Rep. Stamas moved to amend the title to read as follows:
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending sections 21, 27a, and 30 (MCL 205.21, 205.27a, and 205.30), section 21 as amended by 2006 PA 11, section 27a as amended by 2012 PA 211, and section 30 as amended by 2013 PA 133.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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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
Motions and Resolutions
Rep. Stamas moved that when the House adjourns today it stand adjourned until Thursday, January 16, at 6:00 p.m.
The motion prevailed.
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, January 15:
House Bill Nos. 5219 5220
Senate Bill No. 735
Reports of Standing Committees
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4209, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 448 and 451 (MCL 750.448 and 750.451), section 448 as amended by 2002 PA 45 and section 451 as amended by 2002 PA 44.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Graves, Kurtz, Callton, O’Brien, Kesto, Oakes, Kivela and Banks
Nays: Rep. Robinson
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4210, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2010 PA 361.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Graves, Kurtz, Callton, O’Brien, Kesto, Oakes, Kivela and Banks
Nays: Rep. Robinson
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, January 15, 2014
Present: Reps. Heise, Graves, Kurtz, Callton, McBroom, O’Brien, Kesto, Oakes, Robinson, Kivela and Banks
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. McMillin, Chair, of the Committee on Oversight, was received and read:
Meeting held on: Tuesday, January 14, 2014
Present: Reps. McMillin, Kelly, O’Brien, Leonard, Howrylak, Townsend, Robinson and Phelps
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, January 15, 2014
Present: Reps. Farrington, O’Brien, Genetski, Cotter, Foster, Lyons, Nesbitt, Price, Somerville, Kelly, Barnett, Switalski, Haugh, LaVoy and Townsend
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Daley, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, January 15, 2014
Present: Reps. Daley, Denby, Kurtz, Glardon, Johnson, McBroom, Outman, Rendon, Victory, Lauwers, Pagel, Brunner, Smiley, Hovey-Wright, LaVoy, Geiss and Talabi
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Haveman, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, January 15, 2014
Present: Reps. Haveman, Pscholka, Kowall, Lori, Rogers, Stamas, Walsh, Bumstead, Forlini, MacGregor, Jenkins, Muxlow, Poleski, Potvin, McCready, VerHeulen, Shirkey, Tlaib, Brown, Durhal, McCann, Roberts, Kandrevas, Faris, Zemke, Singh and Olumba
Absent: Reps. MacMaster and Dillon
Excused: Reps. MacMaster and Dillon
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Foster, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Wednesday, January 15, 2014
Present: Reps. Foster, Zorn, Haines, Farrington, Glardon, Johnson, Nesbitt, Somerville, Outman, Leonard, Switalski, Barnett, Townsend, Santana, Oakes and Driskell
Absent: Reps. Schmidt, Kelly and Yanez
Excused: Reps. Schmidt, Kelly and Yanez
Messages from the Senate
House Bill No. 4866, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 648 (MCL 257.648).
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.
Introduction of Bills
Rep. Heise introduced
House Bill No. 5221, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Forlini introduced
House Bill No. 5222, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 47 (MCL 169.247), as amended by 2013 PA 252.
The bill was read a first time by its title and referred to the Committee on Elections and Ethics.
Reps. O’Brien, Zemke, Lyons and Rogers introduced
House Bill No. 5223, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1249 (MCL 380.1249), as amended by 2011 PA 102, and by adding section 1531j.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Zemke, O’Brien, Lyons and Rogers introduced
House Bill No. 5224, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1249b.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Franz introduced
House Joint Resolution CC, 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 joint resolution was read a first time by its title and referred to the Committee on Financial Liability Reform.
Announcements by the Clerk
January 13, 2014
Received from the Auditor General a copy of the Comprehensive Annual Financial Report of the Bureau of State Lottery for the fiscal years ended September 30, 2013 and 2012.
Gary L. Randall
Clerk of the House
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Rep. Abed moved that the House adjourn.
The motion prevailed, the time being 2:55 p.m.
Associate Speaker Pro Tempore Cotter declared the House adjourned until Thursday, January 16, at 6:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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