No. 33

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Tuesday, March 25, 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—excused 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—present 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—present

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—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 Lauwers—present

e/d/s = entered during session

Rep. Michael D. McCready, from the 40th District, offered the following invocation:

“Heavenly Father,

We in this chamber humbly gather before You today to do the business of this great state. We give You thanks for the privilege to serve You and the people of Michigan.

As members of this body it is our business to advance the will of our citizens, and to move forward in progress to attain the greater good for Michigan.

For this, we ask You to give us patience in our endeavors, so we may not act hastily in error.

Also for Strength in our convictions, to do what is best even when what is best maybe a difficult road.

And foresight in our wisdom, so we may make lasting meaningful decisions as we continue with You our Father on a noble cause.

We ask You for this blessing in Your name, Amen.”

______

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

The motion prevailed.

Motions and Resolutions

Reps. Haines, Barnett, Denby, Durhal, Heise, Hooker, Hovey-Wright, Howrylak, Kelly, Poleski, Price, Roberts, Slavens and Stanley offered the following resolution:

House Resolution No. 325.

A resolution to declare April 2014 as Student Athlete Cardiac Awareness Month in the state of Michigan.

Whereas, The state of Michigan has lost at least 58 students to sudden cardiac arrest and related causes since December 1999; and

Whereas, The students lost include 15-year-old Kimberly Anne Gillary, a student of Troy Athens High School who suffered a sudden cardiac arrest in a high school water polo game at Birmingham Groves High School on April 1, 2000; Kayla Stanford, a student at Ypsilanti East Middle School, who suffered a cardiac arrest after completing track practice on March 29, 2006; Thomas Noah Smith, a student of Flushing High School, who suffered a sudden cardiac arrest on January 29, 2011; and Wes Leonard, a student at Fennville High school who suffered a sudden cardiac arrest after scoring the winning basket in a basketball game on March 4, 2011, and

Whereas, The families of Kimberly Anne Gillary, Kayla Stanford, Thomas Noah Smith and Wes Leonard have established Foundations (the “Foundations”)in the memory of their lost sons and daughters to try to prevent other families from losing their sons and daughters to sudden cardiac arrest at school, and

Whereas, The Foundations have donated more than 750 Automated External Defibrillators (AED’s) to high schools and intermediate schools in the state of Michigan and have provided training to teachers and staff on the use of an AED and in CPR, and

Whereas, Approximately 75% of all Michigan high schools now have at least one AED on site due to the efforts of the Foundations founded by the families, and

Whereas, There have been at least 7 lives saved at Michigan schools including 6 students, as a result of AED’s donated by the Foundations and other concerned organizations, and

Whereas, As a result of the efforts of the Foundations, the Michigan Department of Community Health (MDCH), and the Michigan High School Athletic Association (MHSAA) there is increased awareness of the importance of more effective pre-participation screening of our high school student athletes and of having readily available AED’s in our high schools, and

Whereas, The Foundations have worked with the Michigan Department of Community Health to develop the Michigan HeartSafe School Program to encourage Michigan high schools to receive certification as a Michigan HeartSafe School, and

Whereas, The Michigan Legislature has passed legislation to amend MCL 29.19 to require the governing body of any school in Michigan that operates any of grades kindergarten to 12 to adopt and implement a Cardiac Emergency Response Plan for the school, and

Whereas, Governor Snyder signed legislation to amend MCL 29.19 on February 25, 2014, thereby establishing that it is the public policy of the State of Michigan that Michigan schools be adequately prepared to respond to a cardiac emergency on school property; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2014 as Student Athlete Cardiac Awareness Month in the state of Michigan; and be it further

Resolved, That the people of the state of Michigan are encouraged to become more aware of the importance of improved pre-participation screening of our student athletes and the preparedness of our citizenry and public employees to respond to the sudden cardiac arrest of our sons and daughters while entrusted to our public schools in the course of their education; and be it further

Resolved, That the State Board of Education be urged to include provisions in policies and regulations for AED training in student health education courses and for regular AED drills, so that students and staff will be better prepared to use AED’s to save lives in schools and other public places; and be it further

Resolved, That the State Board of Education advise schools to facilitate the education of students and their families to identify situations where students may be at risk; and be it further

Resolved, That copies of this resolution be transmitted to The Kimberly Anne Gillary Foundation, The KAYLA Foundation, The Thomas Smith Memorial Foundation, The Wes Leonard Heart Team, the Michigan Department of Community Health, the Michigan High School Athletic Association, and the State Board of Education as a symbol of our support.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Rendon, Kurtz, Lori, Jenkins, Daley, Lauwers, Santana, Goike, Potvin, Bumstead, Hooker, Graves, Muxlow, Zorn, Denby, Howrylak, McBroom, Franz, Glardon, McCready, Outman, Durhal, Heise, Jacobsen, Kelly, Poleski and Price offered the following resolution:

House Resolution No. 326.

A resolution to declare April 30, 2014, as Sons of the American Revolution Day in the state of Michigan.

Whereas, The National Society of the Sons of the American Revolution was organized and established on April 30, 1889; and

Whereas, Through patriotic, historical, and educational activities, the National Society of the Sons of the American Revolution perpetuates the memory of the Patriots of the American Revolutionary War who achieved the independence of the United States; and

Whereas, The activities of the National Society of the Sons of the American Revolution are designed to inspire the descendants of the Patriots of the American Revolution and the people of the United States with respect and reverence for the principles of government that were established by those Patriots; and

Whereas, During the past 125 years more than 180,000 members have joined the National Society of the Sons of the American Revolution. Their membership includes: 16 Presidents of the United States, Senators, Members of Congress, Supreme Court Justices, generals, admirals, ambassadors, veterans, serving members of the armed forces, small businessmen, doctors, lawyers, ministers, professors, school teachers, farmers, accountants, other elected officials, and members of every profession and calling, all of whom have had a deep affection for America its heritage and institutions; and

Whereas, The National Society of the Sons of the American Revolution celebrates its 125th anniversary in 2014; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 30, 2014, as Sons of the American Revolution Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Cotter, Kelly, Schor, Bumstead, Kosowski, Oakes, Barnett, Denby, Durhal, Heise, Hooker, Hovey-Wright, Howrylak, Jacobsen, Poleski, Price, Roberts, Slavens and Stanley offered the following resolution:

House Resolution No. 327.

A resolution to declare April 2014 as Youth Financial Literacy Month in the state of Michigan.

Whereas, The informed use of credit and other financial products and services benefits individual consumers and promotes economic growth; and

Whereas, Financial literacy and learning these skills at an early age encourages greater economic self-sufficiency, higher levels of successful homeownership, and enhanced retirement security, particularly among low- and moderate-income citizens; and

Whereas, The past decade has seen declining personal savings rates, increased bankruptcy filings, soaring home foreclosures, and rising percentages of family income devoted to servicing household debt; and

Whereas, Given the current economic conditions facing Michigan, personal financial education and money management skills are crucial to ensure that our young people are prepared to manage credit and debt and become responsible workers, heads of households, homeowners, investors, entrepreneurs, business leaders, and productive citizens; and

Whereas, The young people of our state represent the nation’s single greatest resource who, in the years ahead, will assume leadership positions and responsibility for advancement of our society; and

Whereas, Youth Financial Literacy Month highlights the commitment of credit unions throughout the nation to strengthen the financial knowledge of our youth and to prepare them for a fiscally-responsible future; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2014 as Youth Financial Literacy Month in the state of Michigan. We encourage raising public awareness about the need for increased financial literacy in our schools and among our children and the serious problems that are associated with a lack of understanding of personal finances; and be it further

Resolved, That we call on each parent, school, business, community organization, and unit of government to observe the month with appropriate programs and activities.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Second Reading of Bills

House Bill No. 5248, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16323 (MCL 333.16323), as amended by 2002 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.

Senate Bill No. 821, entitled

A bill to create a metropolitan authority; to prescribe the powers, duties, and jurisdictions of the metropolitan authority; to prescribe the powers and duties of certain state officials; to levy, collect, and distribute a tax; 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 Tax Policy,

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

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

The motion prevailed.

Senate Bill No. 822, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3, 19, and 21 (MCL 205.93, 205.109, and 205.111), section 3 as amended by 2007 PA 103, section 19 as added by 2004 PA 172, and section 21 as amended by 2010 PA 37, and by adding sections 2c and 10a.

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

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

Rep. Barnett moved to amend the bill as follows:

1. Amend page 12, line 5, after “168.992,” by striking out the balance of enacting section 1 and inserting “and as required to approve a local tax pursuant to section 31 of article IX of the state constitution of 1963. The statement for designation on the ballot shall be prepared by the director of elections, with the approval of the state board of canvassers, as provided in section 32 of the Michigan election law, 1954 PA 116, MCL 168.32.”.

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

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

The motion prevailed.

Senate Bill No. 823, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f and 9m (MCL 211.9f and 211.9m), section 9f as amended by 2012 PA 399 and section 9m as amended by 2013 PA 154, and by adding section 27e.

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

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

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

The motion prevailed.

Senate Bill No. 824, entitled

A bill to amend 2002 PA 48, entitled “Metropolitan extension telecommunications rights-of-way oversight act,” by amending sections 2 and 3 (MCL 484.3102 and 484.3103).

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 825, entitled

A bill to amend 2012 PA 408, entitled “An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending sections 3, 19, and 21 (MCL 205.93, 205.109, and 205.111), section 3 as amended by 2007 PA 103, section 19 as added by 2004 PA 172, and section 21 as amended by 2010 PA 37, and by adding sections 2c and 10a,” by amending enacting sections 1 and 2.

The bill was read a second time.

Rep. Barnett moved to amend the bill as follows:

1. Amend page 2, line 10, after “168.992” by striking out the balance of enacting section 1 and inserting a comma and “AND AS REQUIRED TO APPROVE A LOCAL TAX PURSUANT TO SECTION 31 OF ARTICLE IX OF THE STATE CONSTITUTION OF 1963. THE STATEMENT FOR DESIGNATION ON THE BALLOT SHALL BE PREPARED BY THE DIRECTOR OF ELECTIONS, WITH THE APPROVAL OF THE STATE BOARD OF CANVASSERS, AS PROVIDED IN SECTION 32 OF THE MICHIGAN ELECTION LAW, 1954 PA 116, MCL 168.32.”.

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

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

The motion prevailed.

Senate Bill No. 826, entitled

A bill to amend 2012 PA 401, entitled “An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 211.1 to 211.155) by adding section 9m,” by amending enacting section 1.

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

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

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

The motion prevailed.

Senate Bill No. 827, entitled

A bill to amend 2012 PA 402, entitled “An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 211.1 to 211.155) by adding section 9o,” by amending enacting section 1.

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

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

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

The motion prevailed.

Senate Bill No. 828, entitled

A bill to amend 2012 PA 403, entitled “An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 211.1 to 211.155) by adding section 9n,” by amending enacting section 1.

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

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

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

The motion prevailed.

Senate Bill No. 829, entitled

A bill to levy a specific tax on certain personal property; to provide for the administration, collection, and distribution of the specific tax; to provide for an exemption from that specific tax; to impose certain duties on persons and certain state departments; to impose penalties; 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 Tax Policy,

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

Rep. Farrington moved to amend the bill as follows:

1. Amend page 4, line 26, after “property” by striking out “purchased” and inserting “acquired”.

2. Amend page 5, line 3, after “property” by striking out “purchased” and inserting “acquired”.

3. Amend page 5, line 7, after “property” by striking out “purchased” and inserting “acquired”.

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

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

The motion prevailed.

Senate Bill No. 830, entitled

A bill to levy a tax on certain personal property; to provide for the administration, collection, and distribution of the tax; to impose certain duties on persons and certain state departments; to impose penalties; 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 Tax Policy,

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

Rep. Farrington moved to amend the bill as follows:

1. Amend page 3, line 18, after “property” by striking out “purchased” and inserting “acquired”.

2. Amend page 3, line 23, after “property” by striking out “purchased” and inserting “acquired”.

3. Amend page 4, line 1, after “property” by striking out “purchased” and inserting “acquired”.

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

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

The motion prevailed.

Senate Bill No. 820, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22211 (MCL 333.22211), as amended by 2002 PA 619.

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.

______

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Stamas moved that Senate Bill No. 821 be placed on its immediate passage.

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

Senate Bill No. 821, entitled

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

Roll Call No. 152 Yeas—107

Abed Glardon Lauwers Roberts

Banks Goike LaVoy Rogers

Barnett Graves Leonard Rutledge

Bolger Greimel Lori Santana

Brinks Haines Lund Schmidt

Brown Haugh Lyons Schor

Brunner Haveman MacGregor Segal

Bumstead Heise MacMaster Shirkey

Callton Hobbs McBroom Singh

Cavanagh Hooker McCann Slavens

Clemente Hovey-Wright McCready Smiley

Cochran Howrylak McMillin Somerville

Cotter Irwin Muxlow Stallworth

Crawford Jacobsen Nathan Stamas

Daley Jenkins Nesbitt Stanley

Darany Johnson O’Brien Switalski

Denby Kandrevas Oakes Talabi

Dianda Kelly Olumba Tlaib

Dillon Kesto Outman Townsend

Driskell Kivela Pagel VerHeulen

Durhal Knezek Pettalia Victory

Faris Kosowski Phelps Walsh

Farrington Kowall Poleski Yanez

Forlini Kurtz Potvin Yonker

Foster LaFontaine Price Zemke

Franz Lamonte Pscholka Zorn

Geiss Lane Rendon

Nays—2

Genetski Robinson

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

Rep. Stamas moved that Senate Bill No. 822 be placed on its immediate passage.

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

Senate Bill No. 822, entitled

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

Roll Call No. 153 Yeas—104

Abed Goike Lauwers Rendon

Banks Graves LaVoy Roberts

Bolger Greimel Leonard Rogers

Brinks Haines Lori Rutledge

Brown Haugh Lund Santana

Brunner Haveman Lyons Schmidt

Bumstead Heise MacGregor Schor

Callton Hobbs MacMaster Segal

Cavanagh Hooker McBroom Shirkey

Clemente Hovey-Wright McCann Singh

Cochran Howrylak McCready Slavens

Cotter Irwin McMillin Smiley

Crawford Jacobsen Muxlow Somerville

Daley Jenkins Nathan Stallworth

Darany Johnson Nesbitt Stamas

Denby Kandrevas O’Brien Stanley

Dianda Kelly Oakes Switalski

Dillon Kesto Olumba Talabi

Durhal Kivela Outman Townsend

Faris Knezek Pagel VerHeulen

Farrington Kosowski Pettalia Victory

Forlini Kowall Phelps Walsh

Foster Kurtz Poleski Yanez

Franz LaFontaine Potvin Yonker

Geiss Lamonte Price Zemke

Glardon Lane Pscholka Zorn

Nays—5

Barnett Genetski Robinson Tlaib

Driskell

In The Chair: O’Brien

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

“An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”

The House agreed to the full title.

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

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

Rep. Stamas moved that Senate Bill No. 823 be placed on its immediate passage.

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

Senate Bill No. 823, entitled

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

Roll Call No. 154 Yeas—108

Abed Genetski Lane Rendon

Banks Glardon Lauwers Roberts

Barnett Goike LaVoy Rogers

Bolger Graves Leonard Rutledge

Brinks Greimel Lori Santana

Brown Haines Lund Schmidt

Brunner Haugh Lyons Schor

Bumstead Haveman MacGregor Segal

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Singh

Clemente Hooker McCann Slavens

Cochran Hovey-Wright McCready Smiley

Cotter Howrylak McMillin Somerville

Crawford Irwin Muxlow Stallworth

Daley Jacobsen Nathan Stamas

Darany Jenkins Nesbitt Stanley

Denby Johnson O’Brien Switalski

Dianda Kandrevas Oakes Talabi

Dillon Kelly Olumba Tlaib

Driskell Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Phelps Walsh

Forlini Kowall Poleski Yanez

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zemke

Geiss Lamonte Pscholka Zorn

Nays—1

Robinson

In The Chair: O’Brien

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 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 9f, 9m, and 19 (MCL 211.9f, 211.9m, and 211.19), section 9f as amended by 2012 PA 399, section 9m as amended by 2013 PA 154, and section 19 as amended by 2013 PA 153, and by adding section 27e.

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.

Rep. Stamas moved that Senate Bill No. 825 be placed on its immediate passage.

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

Senate Bill No. 825, entitled

A bill to amend 2012 PA 408, entitled “ An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending sections 3, 19, and 21 (MCL 205.93, 205.109, and 205.111), section 3 as amended by 2007 PA 103, section 19 as added by 2004 PA 172, and section 21 as amended by 2010 PA 37, and by adding sections 2c and 10a,” by amending enacting sections 1 and 2.

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

Roll Call No. 155 Yeas—106

Abed Glardon Lauwers Rendon

Banks Goike LaVoy Roberts

Bolger Graves Leonard Rogers

Brinks Greimel Lori Rutledge

Brown Haines Lund Santana

Brunner Haugh Lyons Schmidt

Bumstead Haveman MacGregor Schor

Callton Heise MacMaster 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 Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Phelps Walsh

Forlini Kowall Poleski Yanez

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zemke

Geiss Lamonte Pscholka Zorn

Genetski Lane

Nays—3

Barnett Robinson Tlaib

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

Rep. Stamas moved that Senate Bill No. 824 be placed on its immediate passage.

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

Senate Bill No. 824, entitled

A bill to amend 2002 PA 48, entitled “Metropolitan extension telecommunications rights-of-way oversight act,” by amending sections 2 and 3 (MCL 484.3102 and 484.3103).

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

Roll Call No. 156 Yeas—108

Abed Genetski Lane Rendon

Banks Glardon Lauwers Roberts

Barnett Goike LaVoy Rogers

Bolger Graves Leonard Rutledge

Brinks Greimel Lori Santana

Brown Haines Lund Schmidt

Brunner Haugh Lyons Schor

Bumstead Haveman MacGregor Segal

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Singh

Clemente Hooker McCann Slavens

Cochran Hovey-Wright McCready Smiley

Cotter Howrylak McMillin Somerville

Crawford Irwin Muxlow Stallworth

Daley Jacobsen Nathan Stamas

Darany Jenkins Nesbitt Stanley

Denby Johnson O’Brien Switalski

Dianda Kandrevas Oakes Talabi

Dillon Kelly Olumba Tlaib

Driskell Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Phelps Walsh

Forlini Kowall Poleski Yanez

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zemke

Geiss Lamonte Pscholka Zorn

Nays—1

Robinson

In The Chair: O’Brien

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

“An act to create a telecommunication rights-of-way oversight authority; to provide for fees; to prescribe the powers and duties of municipalities and certain state agencies and officials; to provide for penalties; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

Rep. Stamas moved that Senate Bill No. 826 be placed on its immediate passage.

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

Senate Bill No. 826, entitled

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

Roll Call No. 157 Yeas—108

Abed Genetski Lane Rendon

Banks Glardon Lauwers Roberts

Barnett Goike LaVoy Rogers

Bolger Graves Leonard Rutledge

Brinks Greimel Lori Santana

Brown Haines Lund Schmidt

Brunner Haugh Lyons Schor

Bumstead Haveman MacGregor Segal

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Singh

Clemente Hooker McCann Slavens

Cochran Hovey-Wright McCready Smiley

Cotter Howrylak McMillin Somerville

Crawford Irwin Muxlow Stallworth

Daley Jacobsen Nathan Stamas

Darany Jenkins Nesbitt Stanley

Denby Johnson O’Brien Switalski

Dianda Kandrevas Oakes Talabi

Dillon Kelly Olumba Tlaib

Driskell Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Phelps Walsh

Forlini Kowall Poleski Yanez

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zemke

Geiss Lamonte Pscholka Zorn

Nays—1

Robinson

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

Rep. Stamas moved that Senate Bill No. 827 be placed on its immediate passage.

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

Senate Bill No. 827, entitled

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

Roll Call No. 158 Yeas—109

Abed Glardon Lauwers Roberts

Banks Goike LaVoy Robinson

Barnett Graves Leonard Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps 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: O’Brien

The House agreed to the title of the bill.

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

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

Rep. Stamas moved that Senate Bill No. 828 be placed on its immediate passage.

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

Senate Bill No. 828, entitled

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

Roll Call No. 159 Yeas—109

Abed Glardon Lauwers Roberts

Banks Goike LaVoy Robinson

Barnett Graves Leonard Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps 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: O’Brien

The House agreed to the title of the bill.

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

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

Rep. Stamas moved that Senate Bill No. 829 be placed on its immediate passage.

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

Senate Bill No. 829, entitled

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

Roll Call No. 160 Yeas—105

Abed Glardon Lauwers Roberts

Banks Graves LaVoy Rogers

Barnett Greimel Leonard Rutledge

Bolger Haines Lori Santana

Brinks Haugh Lund Schmidt

Brown Haveman Lyons Schor

Brunner Heise MacGregor Segal

Bumstead Hobbs MacMaster Shirkey

Callton Hooker McBroom Singh

Cavanagh Hovey-Wright McCann Slavens

Clemente Howrylak McCready Smiley

Cochran Irwin Muxlow Somerville

Cotter Jacobsen Nathan Stallworth

Crawford Jenkins Nesbitt Stamas

Daley Johnson O’Brien Stanley

Darany Kandrevas Oakes Switalski

Denby Kelly Olumba Talabi

Dianda Kesto Outman Tlaib

Dillon Kivela Pagel Townsend

Driskell Knezek Pettalia VerHeulen

Durhal Kosowski Phelps Victory

Faris Kowall Poleski Walsh

Farrington Kurtz Potvin Yanez

Forlini LaFontaine Price Yonker

Foster Lamonte Pscholka Zemke

Franz Lane Rendon Zorn

Geiss

Nays—4

Genetski Goike McMillin Robinson

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

Rep. Stamas moved that Senate Bill No. 830 be placed on its immediate passage.

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

Senate Bill No. 830, entitled

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

Roll Call No. 161 Yeas—105

Abed Glardon Lauwers Roberts

Banks Graves LaVoy Rogers

Barnett Greimel Leonard Rutledge

Bolger Haines Lori Santana

Brinks Haugh Lund Schmidt

Brown Haveman Lyons Schor

Brunner Heise MacGregor Segal

Bumstead Hobbs MacMaster Shirkey

Callton Hooker McBroom Singh

Cavanagh Hovey-Wright McCann Slavens

Clemente Howrylak McCready Smiley

Cochran Irwin Muxlow Somerville

Cotter Jacobsen Nathan Stallworth

Crawford Jenkins Nesbitt Stamas

Daley Johnson O’Brien Stanley

Darany Kandrevas Oakes Switalski

Denby Kelly Olumba Talabi

Dianda Kesto Outman Tlaib

Dillon Kivela Pagel Townsend

Driskell Knezek Pettalia VerHeulen

Durhal Kosowski Phelps Victory

Faris Kowall Poleski Walsh

Farrington Kurtz Potvin Yanez

Forlini LaFontaine Price Yonker

Foster Lamonte Pscholka Zemke

Franz Lane Rendon Zorn

Geiss

Nays—4

Genetski Goike McMillin Robinson

In The Chair: O’Brien

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.

______

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 Friday, March 21:

House Bill Nos. 5418 5419 5420

Senate Bill Nos. 881 882 883 884 885 886 887 888 889

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, March 25, for his approval of the following bills:

Enrolled House Bill No. 4484 at 1:54 p.m.

Enrolled House Bill No. 4811 at 1:58 p.m.

Enrolled House Bill No. 4885 at 2:00 p.m.

Enrolled House Bill No. 5121 at 2:02 p.m.

Enrolled House Bill No. 5122 at 2:04 p.m.

Enrolled House Bill No. 5123 at 2:06 p.m.

Enrolled House Bill No. 5124 at 2:08 p.m.

Enrolled House Bill No. 5125 at 2:10 p.m.

Enrolled House Bill No. 5254 at 2:12 p.m.

Enrolled House Bill No. 5255 at 2:14 p.m.

Enrolled House Bill No. 5274 at 2:16 p.m.

Enrolled House Bill No. 5345 at 2:18 p.m.

Enrolled House Bill No. 5346 at 2:20 p.m.

Enrolled House Bill No. 5347 at 2:22 p.m.

Enrolled House Bill No. 5348 at 2:24 p.m.

Enrolled House Bill No. 5349 at 2:26 p.m.

Enrolled House Bill No. 5350 at 2:28 p.m.

Enrolled House Bill No. 5351 at 2:30 p.m.

Enrolled House Bill No. 5352 at 2:32 p.m.

The Clerk announced that the following joint resolutions had been printed and placed upon the files of the members on Tuesday, March 25:

Senate Joint Resolutions EE FF

Reports of Standing Committees

The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported

House Bill No. 5220, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 728 (MCL 339.728), as amended by 2010 PA 215.

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. Crawford, McBroom, Denby, McMillin, LaFontaine, Rendon, Yonker, Kelly, Kesto, Haugh, Abed, Dianda, Nathan and Schor

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Crawford, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Tuesday, March 25, 2014

Present: Reps. Crawford, McBroom, Denby, McMillin, LaFontaine, Rendon, Yonker, Kelly, Kesto, Haugh, Abed, Dianda, Nathan and Schor

Absent: Rep. Stanley

Excused: Rep. Stanley

The Committee on Transportation and Infrastructure, by Rep. Schmidt, Chair, reported

House Bill No. 5245, entitled

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

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. Schmidt, Glardon, Daley, Heise, Jacobsen, O’Brien, Pettalia, Lauwers, McCready, Lane, Dianda, Rutledge, Driskell, Cochran and Smiley

Nays: None

The Committee on Transportation and Infrastructure, by Rep. Schmidt, Chair, reported

Senate Bill No. 265, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801j (MCL 257.801j), as added by 2012 PA 498.

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. Schmidt, Glardon, Daley, Heise, Jacobsen, O’Brien, Pettalia, Lauwers, McCready, Dianda and Smiley

Nays: None

The Committee on Transportation and Infrastructure, by Rep. Schmidt, Chair, reported

Senate Bill No. 415, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4bb.

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. Schmidt, Glardon, Daley, Heise, Jacobsen, O’Brien, Lauwers and McCready

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Schmidt, Chair, of the Committee on Transportation and Infrastructure, was received and read:

Meeting held on: Tuesday, March 25, 2014

Present: Reps. Schmidt, Glardon, Daley, Heise, Jacobsen, O’Brien, Pettalia, Lauwers, McCready, Lane, Dianda, Rutledge, Driskell, Cochran and Smiley

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 4341, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2652 (MCL 333.2652), as amended by 2006 PA 301.

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. Haines, Callton, Crawford, Genetski, Hooker, Yonker, Zorn, Graves, Kesto, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 5375, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20109 and 21715 (MCL 333.20109 and 333.21715), section 20109 as amended by 1996 PA 224.

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. Haines, Callton, Crawford, Genetski, Hooker, Yonker, Zorn, Graves, Kesto, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 5376, entitled

A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 102 (MCL 450.4102), as amended by 2012 PA 568.

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. Haines, Callton, Crawford, Genetski, Hooker, Yonker, Zorn, Graves, Kesto, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 5377, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 109 (MCL 450.1109), as amended by 2012 PA 569.

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. Haines, Callton, Crawford, Genetski, Hooker, Yonker, Zorn, Graves, Kesto, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 5389, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21794.

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. Haines, Callton, Crawford, Genetski, Hooker, Yonker, Zorn, Graves, Kesto, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks and Cavanagh

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 446, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22210 (MCL 333.22210), as amended by 2011 PA 51.

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. Haines, Callton, Crawford, Genetski, Hooker, Yonker, Zorn, Graves, Kesto, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 656, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 109l.

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. Haines, Callton, Crawford, Genetski, Hooker, Yonker, Zorn, Graves, Kesto, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Haines, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Tuesday, March 25, 2014

Present: Reps. Haines, Callton, Crawford, Genetski, Hooker, Yonker, Zorn, Graves, Kesto, Howrylak, Darany, Knezek, Segal, Stallworth, Brinks, Cavanagh and Phelps

Absent: Reps. Shirkey and Foster

Excused: Reps. Shirkey and Foster

The Committee on Oversight, by Rep. McMillin, Chair, reported

House Bill No. 5193, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 8 (MCL 15.268), as amended by 1996 PA 464.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 2, line 14, after “body.” by striking out the balance of the subdivision and inserting “FOR PURPOSES OF THIS SUBDIVISION, PENDING LITIGATION MEANS AN ONGOING FORMAL ADVERSARIAL PROCEEDING THAT HAS BEEN INITIATED IN A COURT OR TRIBUNAL AND IN WHICH A JUDGE, ARBITRATOR, OR SIMILAR THIRD PARTY OR BODY WOULD BE EXPECTED, IN THE ABSENCE OF A SETTLEMENT, TO ULTIMATELY RENDER A DECISION IN THE CASE.”.

The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. McMillin, Kelly, O’Brien, Leonard, Townsend, Robinson and Phelps

Nays: None

The Committee on Oversight, by Rep. McMillin, Chair, reported

House Bill No. 5194, entitled

A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 10 (MCL 15.270).

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 1, line 5, after “court” by inserting a comma and “OR, IF THE DECISION OF A STATE PUBLIC BODY IS AT ISSUE, THE COURT OF CLAIMS,”.

2. Amend page 2, line 4, after “The” by striking out “circuit”.

3. Amend page 2, line 17, after “action” by striking out the balance of the subsection and inserting “AGAINST A LOCAL PUBLIC BODY UNDER THIS SECTION SHALL BE IN THE CIRCUIT COURT OF ANY COUNTY IN WHICH THAT LOCAL PUBLIC BODY SERVES.”.

The bill and amendments were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. McMillin, Kelly, O’Brien, Leonard, Townsend, Robinson and Phelps

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 25, 2014

Present: Reps. McMillin, Kelly, O’Brien, Leonard, Townsend, Robinson and Phelps

Absent: Rep. Howrylak

Excused: Rep. Howrylak

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaFontaine, Chair, of the Committee on Natural Resources, was received and read:

Meeting held on: Tuesday, March 25, 2014

Present: Reps. LaFontaine, Rendon, Goike, Johnson, McBroom, Victory, Smiley, Dianda and Kivela

Messages from the Governor

Date: March 20, 2014

Time: 1:26 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4291 (Public Act No. 35, I.E.), being

An act 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 section 21 (MCL 205.21), as amended by 2014 PA 3.

(Filed with the Secretary of State March 20, 2014, at 4:09 p.m.)

Date: March 20, 2014

Time: 1:34 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4740 (Public Act No. 39, I.E.), being

An act to amend 1929 PA 178, entitled “An act to provide for the establishment, operation and control of county medical care facilities by 2 or more counties of less than 1,000,000 population,” by amending section 2 (MCL 404.2).

(Filed with the Secretary of State March 20, 2014, at 4:17 p.m.)

Date: March 20, 2014

Time: 1:36 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4810 (Public Act No. 40, I.E.), being

An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 7cc (MCL 211.7cc), as amended by 2013 PA 140.

(Filed with the Secretary of State March 20, 2014, at 4:19 p.m.)

Date: March 20, 2014

Time: 1:38 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4941 (Public Act No. 41, I.E.), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 16181 (MCL 333.16181), as amended by 2006 PA 643.

(Filed with the Secretary of State March 20, 2014, at 4:21 p.m.)

Explanation of “No” Votes

Rep. Lipton, having reserved the right to explain her nay vote pertaining to House Bill No. 4369, made the following statement:

“Mr. Speaker and members of the House:

I rise before you today with profound disappointment and regret, as this is a floor speech that I wished never to have to make.

But here we are, and I can’t help but ask myself - how did we get here?

So a little bit of history is in order.

I’d like to take you back to the fall of 2012 - November 2012 to be exact - when a bill was introduced to codify an idea borne of the ideological agenda often referred to as corporate education reform, but in reality de-form.

And the idea which is being replicated in states all across this country generally goes something like this:

• declare public schools a failure - usually urban schools in extremely impoverished neighborhoods

• legislate a mechanism under which these schools come under some sort of state executive control

• and now with democratically-elected school boards out of the way, sell said takeover district a bunch of educational elixirs peddled by a band of ‘edu-preneurs’ who promise the moon and the stars and everything in between but deliver nothing

• and then declare victory, pocket their spoils, and then move on.

But they did not expect what happened next in Michigan.

People all across this state said Whoa! Stop the train! Not so fast. And the bill didn’t pass and there was a collective sigh of relief.

But the corporate reformers are persistent - I’ll give them that - and the same old idea was tweaked and turned and re-introduced and passed from this chamber in record time.

The process to create in statute a state takeover district has not been a smooth one, however, thanks to many Freedom of Information Act Requests, brave teachers and students who have come forward to tell their stories despite being silenced, persistent journalists and bloggers who continued to ask difficult questions to uncover the inconvenient truths, and all those in this chamber and out who bravely continue to speak truth to power. I thank all of you.

I thank the teacher who shared this story:

‘The way that they’re treating the students is terrifying,’ they said. ‘We’ve had multiple fights where no security has actually shown up. They’re not suspending students so I’ve been hit by a kid before and nothing has happened. Another teacher has been hit numerous times and nothing has happened to the child who did the hitting even though he was very clearly identified. He is still at school today.

‘I’ve never felt this worried about going to school,’ they continued. ‘I’m well aware that most of my kids would protect me and they have before, but they shouldn’t have to. That’s the role of discipline. But, at the same time, I afraid to report a kid because I’ve seen disciplinary officers hit them and I’ve reported it and nothing has happened from the state.

‘I’m at my end where I can’t be part of this organization that is abusing children both educationally and physically.’

And another who shared this one:

‘I’ve written the state about our highly illegal practices with special education students. I’ve seen exactly four IEPs this year.’ And of course there were more than four students with special needs. The teacher explains, ‘I have at least 20% per class. And I have no paraprofessionals except for one hour a day. It’s horrendous. I have no idea how to modify my teaching plan if I haven’t seen their IEPs. For example, I might need to read the test to them or modify things for math only. I have no idea without seeing the IEP. So, of course these kids are doing poorly because I’m not able to modify my teaching in the way that their IEP specifies. Worse yet, if I don’t do it and they fail, they have to pass the kid because their teaching plan wasn’t modified as it should have been. But, I didn’t know! So, kids are being passed on.’

You know, it’s often been said that a society will be measured by the way it treats its most vulnerable citizens

And so, I’d like to thank the many children who have shared their stories with me, stories that are etched in my memory and seared in my heart.

The little boy who told me that he misses seeing books in his schools

The little girl with a hearing impairment who was told to try to learn by reading the teacher’s lips when she had always received a audio amplifying headset

The little boy with cerebral palsy whose IEP was never followed and was told not to finish out the school year because he was going to flunk anyway.

And finally the little girl who told me ‘I may be poor, but I’m not stupid’

The promise I make to all of you who have joined this fight is that we will not back down. We will not be silenced. We will bear witness.

Because we have no other choice. And because the stakes are far too high.

This is what John Dewey meant when he wrote ‘What the best and wisest parent wants for his child, that must we want for all of the children of the community. Anything less is unlovely, and left unchecked, destroys our democracy.’”

Introduction of Bills

Reps. Walsh, Cavanagh, Haveman, Faris, Tlaib, Barnett and Price introduced

House Bill No. 5421, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78g (MCL 211.78g), as amended by 2003 PA 263.

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

Rep. Lund introduced

House Bill No. 5422, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2012 PA 498.

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

Rep. Callton introduced

House Bill No. 5423, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 102 and 3104 (MCL 500.102 and 500.3104), section 102 as amended by 2000 PA 252 and section 3104 as amended by 2002 PA 662.

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

Reps. Heise, Lipton and Crawford introduced

House Bill No. 5424, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 11c, 12, 13, 14, 15, 16, 18, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a, 432.108, 432.109, 432.110, 432.111b, 432.111c, 432.112, 432.113, 432.114, 432.115, 432.116, 432.118, and 432.119), sections 2 and 9 as amended by 2008 PA 401, sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and 11b as amended by 2006 PA 427, sections 4, 13, 14, 15, 16, and 18 as amended and section 11c as added by 1999 PA 108, and section 19 as amended by 1995 PA 263, and by adding article 2; to designate sections 1 to 20 as article 1; and to repeal acts and parts of acts.

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

Rep. Schor introduced

House Bill No. 5425, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8302 (MCL 600.8302), as amended by 1994 PA 12.

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

Reps. Hovey-Wright, Daley, Lauwers, Kowall, Graves, Potvin, Bumstead, Yonker, Jacobsen, Denby, Pscholka, Haveman, Haines, Slavens, Haugh, LaFontaine, Pettalia, Rogers, Singh, Irwin, Lipton, Abed, Knezek, Darany, Roberts, Lamonte, Cochran, LaVoy, Geiss, Segal, Faris, Lane, Brinks, Schor, Kivela, Dianda, Driskell, Switalski, Hobbs, Dillon, Brown, Kosowski, Lund, Kelly, Victory, Pagel and MacGregor introduced

House Bill No. 5426, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 415 (MCL 436.1415), as added by 2013 PA 100.

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

Reps. Schor, Daley, Lauwers, Kowall, Graves, Bumstead, Potvin, Yonker, Denby, Pscholka, Haveman, Haines, Slavens, Haugh, LaFontaine, Pettalia, Rogers, Singh, Irwin, Lipton, Abed, Knezek, Darany, Roberts, Lamonte, Cochran, LaVoy, Geiss, Segal, Faris, Lane, Brinks, Kivela, Dianda, Driskell, Switalski, Hobbs, Dillon, Brown, Kosowski, Lund, Kelly, Victory, Pagel and MacGregor introduced

House Bill No. 5427, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 109 and 537 (MCL 436.1109 and 436.1537), section 109 as amended by 2010 PA 213 and section 537 as amended by 2013 PA 101.

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

______

Rep. Price moved that the House adjourn.

The motion prevailed, the time being 3:50 p.m.

Associate Speaker Pro Tempore O’Brien declared the House adjourned until Wednesday, March 26, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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