No. 65

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Thursday, September 11, 2014.

12:00 Noon.

The House was called to order by the Speaker Pro Tempore.

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—excused Goike—present Leonard—present Robinson—present

Barnett—present Graves—present Lipton—present Rogers—present

Bolger—excused Greimel—present Lori—present Rutledge—excused

Brinks—present Haines—present Lund—present Santana—excused

Brown—present Haugh—excused Lyons—present Schmidt—present

Brunner—excused 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—present

Daley—present Jenkins—present Nesbitt—present Stamas—present

Darany—present Johnson—present O’Brien—present Stanley—present

Denby—present Kandrevas—excused Oakes—present Switalski—excused

Dianda—present Kelly—present Olumba—excused Talabi—excused

Dillon—excused 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—excused Victory—present

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

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

Foster—excused 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. Kenneth Kurtz, from the 58th District, offered the following invocation:

“Today, O God, we assemble in this place, one of the many as such that symbolizes the greatness of the true heart of these United States of America.

Today, we are a united people who gives honor to whom honor is do. And we remember the willing sacrifice that selfless and courageous men and women eagerly displayed when, without question, they responded bravely to the attacks of evil terrorists attacks upon innocent men, women and children.

When the bell rang, when the alarm sounded, when the whistle blew, united they rose to meet the unknown without thought of their life or limb. They indeed were responders first, friends, neighbors, family who were willing to give all and which many did.

Today, O God, we have not forgotten, nor shall we, that fateful day of September 11, 2001. Eternal rest we pray to all who departed as a result of the evil displayed upon us that fateful day.

Today, O God, we are surrounded, in this place, by a host of those who still stand to respond to their communities, no matter the human cost, when the bell should ring, the alarm would sound, the whistle would blow. They not only symbolize the responders of 9/11/2001, they are the responders of today. They share the same heart, mind and mission of those who have gone before them and who yet serve today across this land. They protect. They serve. They are ready.

Today, O God, we are continually reminded of the evil that exists, both foreign and domestic. And we offer a prayer to You O God for the safety and protection of our responders. We are thankful for them. They give to each of us that measure of assurance that when evil should come and when untold danger is in our midst, they will be there to protect and do all they can to keep us safe. For this we are sincerely and humbly grateful.

Today, O God, we also pray for the men and women of our Armed Forces around the world who are fulfilling their role as responders also. Grant them courage and safety in the difficult days ahead.

And as a nation may we find our continued strength in humbleness before You, O God, striving for peace in all that we pursue.

In Jesus name, I Pray,

Amen.”

______

Rep. Stamas moved that Reps. Banks, Bolger, Brunner, Dillon, Foster, Haugh, Kandrevas, MacMaster, Olumba, Phelps, Rutledge, Santana, Switalski and Talabi be excused from today’s session.

The motion prevailed.

______

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

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 Thursday, September 11:

House Bill Nos. 5786 5787 5788 5789 5790 5791 5792 5793 5794 5795 5796

Senate Bill Nos. 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048

Reports of Standing Committees

The Committee on Financial Liability Reform, by Rep. Poleski, Chair, reported

Senate Bill No. 922, entitled

A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 518 (MCL 141.2518), as added by 2012 PA 329.

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. Poleski, Victory, Denby, McMillin, Schmidt, Callton and Jacobsen

Nays: Rep. Robinson

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, September 11, 2014

Present: Reps. Poleski, Victory, Denby, McMillin, Schmidt, Callton, Jacobsen, Cavanagh, Irwin, Robinson and Barnett

The Committee on Judiciary, by Rep. Cotter, Chair, reported

House Bill No. 4915, entitled

A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2010 PA 280.

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. Cotter, Kesto, Heise, Johnson, LaFontaine, Leonard, Cavanagh, Lipton and Clemente

Nays: None

The Committee on Judiciary, by Rep. Cotter, Chair, reported

House Bill No. 5678, entitled

A bill to amend 1945 PA 246, entitled “An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanctions; and to repeal all acts and parts of acts in conflict with the act,” by amending section 1 (MCL 41.181), as amended by 2012 PA 9.

With the recommendation that the bill be referred to the Committee on Local Government.

Favorable Roll Call

To Report Out:

Yeas: Reps. Cotter, Kesto, Heise, Johnson, LaFontaine, Leonard, Howrylak, Lipton, Irwin and Clemente

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Local Government.

The Committee on Judiciary, by Rep. Cotter, Chair, reported

House Bill No. 5679, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 4i (MCL 117.4i), as amended by 2012 PA 7.

With the recommendation that the bill be referred to the Committee on Local Government.

Favorable Roll Call

To Report Out:

Yeas: Reps. Cotter, Kesto, Heise, Johnson, LaFontaine, Leonard, Howrylak, Lipton, Irwin and Clemente

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Local Government.

The Committee on Judiciary, by Rep. Cotter, Chair, reported

House Bill No. 5680, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 5h (MCL 117.5h), as amended by 1994 PA 313.

With the recommendation that the bill be referred to the Committee on Local Government.

Favorable Roll Call

To Report Out:

Yeas: Reps. Cotter, Kesto, Heise, Johnson, LaFontaine, Leonard, Howrylak, Lipton, Irwin and Clemente

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Local Government.

The Committee on Judiciary, by Rep. Cotter, Chair, reported

House Bill No. 5681, entitled

A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 1 of chapter VII (MCL 67.1), as amended by 1994 PA 314.

With the recommendation that the bill be referred to the Committee on Local Government.

Favorable Roll Call

To Report Out:

Yeas: Reps. Cotter, Kesto, Heise, Johnson, LaFontaine, Leonard, Howrylak, Cavanagh, Lipton, Irwin and Clemente

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Local Government.

The Committee on Judiciary, by Rep. Cotter, Chair, reported

House Bill No. 5785, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1k of chapter IX (MCL 769.1k), as amended by 2006 PA 655.

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. Cotter, Kesto, Heise, Johnson, LaFontaine and Leonard

Nays: Reps. Howrylak, Lipton and Irwin

The Committee on Judiciary, by Rep. Cotter, Chair, reported

Senate Bill No. 705, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 17a of chapter XIIA (MCL 712A.17a).

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. Cotter, Kesto, Heise, Johnson, LaFontaine, Leonard, Cavanagh, Lipton, Irwin and Clemente

Nays: None

The Committee on Judiciary, by Rep. Cotter, Chair, reported

Senate Bill No. 857, entitled

A bill to amend 1963 PA 17, entitled “An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health,” (MCL 691.1501 to 691.1507) by adding section 3.

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. Cotter, Kesto, Heise, Johnson, LaFontaine, Leonard, Howrylak, Cavanagh, Lipton, Irwin and Clemente

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 11, 2014

Present: Reps. Cotter, Kesto, Heise, Johnson, LaFontaine, Leonard, Howrylak, Cavanagh, Lipton, Irwin and Clemente

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 11, 2014

Present: Reps. Pettalia, Goike, Genetski, Rendon, Pagel, Kosowski and Kivela

Absent: Reps. Crawford and Brunner

Excused: Reps. Crawford and Brunner

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 11, 2014

Present: Reps. Lund, Leonard, Denby, Cotter, Glardon, Goike, LaFontaine, Lyons, Nesbitt, Segal, Lipton, Abed, Cochran and Hovey-Wright

Absent: Rep. O’Brien

Excused: Rep. O’Brien

______

Rep. Lamonte moved that the House adjourn.

The motion prevailed, the time being 12:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, September 16, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

1688 JOURNAL OF THE HOUSE [September 11, 2014] [No. 65

No. 65] [September 11, 2014] JOURNAL OF THE HOUSE 1689

1690 JOURNAL OF THE HOUSE [September 11, 2014] [No. 65

No. 65] [September 11, 2014] JOURNAL OF THE HOUSE 1691

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