No. 80

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Thursday, December 4, 2014.

12:00 Noon.

The House was called to order by the Speaker.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Abed—present Glardon—present 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—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—e/d/s 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. Cindy Denby, from the 47th District, offered the following invocation:

“Dear Heavenly Father:

We thank You for the many blessings You have given us. We so appreciate living in a state that has so many of Your wondrous works from the mountains and forests, lakes and farmland to our hard-working citizens. We ask that You be with all those today who are in need, especially Michigan’s children who are cold or hurt or hungry. Place Your protection on all of members of the armed forces who are serving today.

And Lord, be with each member of the legislature, representatives and senators, as we make decisions that affect the people of Michigan. Help us to prayerfully consider the items before us today and in the hectic weeks to come. Be with us to help us discern the best solutions and to help us not be hasty because of the pressure of time.

We once again thank You for the hard work of the people here in Lansing and all those in our beautiful state.

Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

Motions and Resolutions

Reps. Dianda, Schmidt, McBroom, Kivela, Foster and Brown offered the following resolution:

House Resolution No. 434.

A resolution to urge the Governor to increase the energy efficiency of current and future state buildings by using bio‑based, low carbon-intensity building materials and by requiring that state buildings meet standards from a credible green building rating system that gives equal weight to forest certification programs.

Whereas, The state of Michigan is dedicated to economic growth, community enhancement, and environmental stewardship. Michigan’s 20.2 million acres of forestland provide many benefits, including clean air and water, climate change mitigation, habitat for wildlife, commercially valuable products, and $14.6 billion per year in economic activity from the forest products industry. Promoting markets for products from sustainably managed forests in Michigan will help conserve forests, protect the 154,000 jobs provided by the forest products industry, and strengthen local communities; and

Whereas, The state of Michigan recognizes the importance of the logging community and forest products industry to enhance and protect the health and well-being of Michigan’s multiple-use forestlands. Michigan also recognizes the value of forest certification as a tool to promote well-managed forests and supports several of the third-party forest certification standards in use in the United States; and

Whereas, The choice of building materials has a significant influence on a building’s environmental impact. Wood generally requires less energy to produce than other building materials, is the only major building material that comes from a renewable source, and stores carbon over its lifetime. Wood from responsibly managed forests is therefore an excellent choice for any new construction or renovation project; and

Whereas, Using green building rating systems and evaluating building materials prior to new building construction or major building renovations have the potential to improve decision-making about material choices and energy efficiency, reduce waste, and deliver long-term cost benefits in buildings; now, therefore, be it

Resolved by the House of Representatives, That we urge the Governor to use bio-based, low carbon-intensity building materials that are demonstrated to improve energy efficiency and to use a credible green building rating system when designing, constructing, and renovating any building owned or acquired by or for the state or any department, office, board, commission, or agency thereof, including state-supported institutions of higher learning; and be it further

Resolved, That we urge the Governor to select a green building rating system that awards certification credits equally to forest products certified by the American Tree Farm System, Forest Stewardship Council, and Sustainable Forestry Initiative; and be it further

Resolved, That copies of this resolution be transmitted to the Governor and the Director of the Department of Technology, Management and Budget.

The resolution was referred to the Committee on Energy and Technology.

Comments and Recommendations

Rep. Stamas moved that the following remarks be printed in the Journal.

The motion prevailed.

Rep. Kandrevas:

“Thank you, Madam Speaker:

I had planned on not giving a farewell speech—this tradition of the House, although quaint and well-intentioned, does not seem to serve an era of term-limited Representatives, with roughly one-third of House Membership leaving the office each cycle. Nonetheless, I was persuaded by the most eloquent of arguments: upon commenting that I may skip my Farewell Speech, my wife looked at me and said ‘you had better do a speech.’ So here I am.

I intend on being brief, not because it’s in my nature, but because I cannot hope to speak as heartfelt as Rep. Fred Durhal, Jr., nor as humorously as now-Senator Dave Hildenbrand, nor as eloquently as Rep. Kurtz.

I have but one piece of advice to future legislators: learn a bit about the gentlemen depicted in the four paintings at the head of this Chamber, because if you do then your school tour groups will go by much easier, and you’ll look like you’ve at least learned something in this position. If you can point out Hazen Pingree’s fabulous facial hair, and remind the students, should they ever take in a baseball game in Detroit, that they will see a larger-than-life statue of the same Mayor Pingree in Grand Circus Park, steps from Comerica Park, they may actually remember this fact. And if you can understand a bit about Lewis Cass’s life, then perhaps you will stop using the pejorative term ‘Michigander’ in reference to residents of our Great State.

I cannot hope to adequately thank all the many people who have helped me over these last six years, so please do not take offense if I don’t mention you by name.

I must recognize the love and support of my parents, the Honorable James and Mrs. Pat Kandrevas, without whom I would not be. They were the inspiration and support for me to make a run for State Representative, and for this alone I can never repay them.

Six years is a short time, but a lot can happen in that span.

Upon entering the House, I was a proud member of the Democratic Bachelors Caucus, along with Rep. Ed Clemente and Rep. Jon Switalski. I leave this Chamber not only having married the best thing to ever happen to my life, my wife, Altinia, but also expecting our first child this upcoming February.

A special recognition to the Downriver Reps, past and current, who make this job much more interesting. Particular thanks to the Cousins Clemente and Doug Geiss—it was a pleasure slogging through the local Chamber grillings each cycle.

Rep. Haugh mentioned a few of the strongest friendships from our freshmen class, and those memories will always be cherished. The truth is, though, that I’m grateful to the hundreds of individuals, both inside this Chamber and outside these walls, whether ally or adversary, for the remarkable level of professionalism shown to me on such a wide array of issues. You’ve helped me grow personally and mentally…even those of you who I’d rather never have to see again.

I’ve been blessed with better support staff than I could have ever hoped for, from my first hirings of Hannah Bobee and Adrienne Hagon on through my current crew of Joseph Sullivan and Kasey Bey. Thank you for the hours and brain power you put into helping me and serving the residents of the 13th House District.

And a special recognition must be extended to the two poor souls who had the misfortune of sitting next to me on the House Floor. Rep. Dan Scripps and Rep. Sean McCann have had to deal with my foul-tempered tirades in both the English and Greek languages, my constant discussions on the things that annoy me, my criticism of whatever food product they were eating on that day, and my reasoning for why the votes they were casting would hurt their careers. They are both true Gentlemen and have been wonderful neighbors. And McCann came back for a second term next to me, so I guess maybe it wasn’t so terrible.

With that, I say thank you to all, and forever Go Blue.”

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Energy and Technology, by Rep. Nesbitt, Chair, reported

House Bill No. 4237, entitled

A bill to amend 1929 PA 152, entitled “An act to provide for the state-owned and operated Michigan public safety communications system for police and public safety purposes; to provide for acquisition, construction, implementation, operation, and maintenance of the property and equipment necessary to operate the system; and to prescribe the powers and duties of certain state agencies and officials,” by amending the title and sections 1, 2, and 3 (MCL 28.281, 28.282, and 28.283), as amended by 1996 PA 538.

With the recommendation that the substitute (H-4) 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. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Schmidt, Zorn, Graves, Lauwers, Howrylak, Stallworth, Hobbs, LaVoy, Brunner, Yanez, Lamonte and Phelps

Nays: None

The Committee on Energy and Technology, by Rep. Nesbitt, Chair, reported

House Bill No. 5951, entitled

A bill to regulate transportation network companies in this state; to provide for the powers and duties of certain state officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-3) 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. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Graves, Lauwers, Hobbs, Lane and Lamonte

Nays: Reps. Zorn and Yanez

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Nesbitt, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Thursday, December 4, 2014

Present: Reps. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Schmidt, Zorn, Graves, Lauwers, Howrylak, Stallworth, Hobbs, LaVoy, Lane, Brunner, Yanez, Lamonte and Phelps

Absent: Rep. Nathan

Excused: Rep. Nathan

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

Senate Bill No. 748, entitled

A bill to amend 1990 PA 271, entitled “Limousine transportation act,” by amending section 7 (MCL 257.1907), as amended by 2000 PA 487.

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, Jacobsen, O’Brien, Pettalia, Lane, Dianda, Cochran and Smiley

Nays: Rep. Lauwers

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: Thursday, December 4, 2014

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

Absent: Reps. Heise, McCready and Rutledge

Excused: Reps. Heise, McCready and Rutledge

The Committee on Detroit’s Recovery and Michigan’s Future, by Rep. Walsh, Chair, reported

House Bill No. 5960, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2006 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. Walsh, Poleski, McCready, Stallworth and Santana

Nays: None

The Committee on Detroit’s Recovery and Michigan’s Future, by Rep. Walsh, Chair, reported

House Bill No. 5961, entitled

A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13g (MCL 38.1133g), as added by 2014 PA 185.

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. Walsh, Poleski, McCready, Stallworth and Santana

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Walsh, Chair, of the Committee on Detroit’s Recovery and Michigan’s Future, was received and read:

Meeting held on: Thursday, December 4, 2014

Present: Reps. Walsh, Poleski, McCready, Stallworth and Santana

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

House Bill No. 5958, entitled

A bill to limit governmental action that substantially burdens a person’s exercise of religion; to set forth legislative findings; to provide for asserting a burden on exercise of religion as a claim or defense in any judicial or administrative proceeding; and to provide remedies.

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 and Howrylak

Nays: Reps. Cavanagh, Lipton, Irwin and Clemente

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

Senate Bill No. 789, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425o, and 28.428), section 1 as amended by 2012 PA 243, section 2a as amended by 2013 PA 3, section 4 as amended by 2014 PA 6, sections 5, 5a, and 5e as added by 2000 PA 381, sections 5b and 8 as amended by 2008 PA 406, sections 5c and 5d as amended by 2002 PA 719, sections 5f, 5k, and 5o as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, and section 5l as amended by 2012 PA 32, and by adding section 5x; and to repeal acts and parts of acts.

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

Nays: Reps. Lipton, Irwin and Clemente

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

Senate Bill No. 790, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124.

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 and Cavanagh

Nays: Reps. Lipton and Irwin

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

Senate Bill No. 964, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” by amending section 3t (MCL 8.3t).

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 and Clemente

Nays: None

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

Senate Bill No. 965, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222 and 528a (MCL 750.222 and 750.528a), section 222 as amended by 2012 PA 242 and section 528a as added by 1986 PA 113.

With the recommendation that the substitute (H-3) 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, Leonard, Howrylak, Cavanagh, Lipton and Clemente

Nays: None

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

Senate Bill No. 966, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40102 and 43503 (MCL 324.40102 and 324.43503), section 40102 as amended by 2007 PA 48 and section 43503 as amended by 2012 PA 520.

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, Leonard, Howrylak, Cavanagh, Lipton and Clemente

Nays: None

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

Senate Bill No. 979, entitled

A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms,” by amending sections 1, 2, 3, and 4 (MCL 123.1101, 123.1102, 123.1103, and 123.1104).

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 and Howrylak

Nays: Reps. Lipton and Irwin

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, December 4, 2014

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

The Committee on Local Government, by Rep. Price, Chair, reported

House Bill No. 5822, entitled

A bill to amend 1895 PA 161, entitled “An act to require county treasurers to furnish transcripts and abstracts of records, and fixing the fees to be paid therefor,” by amending section 1 (MCL 48.101), as amended by 1984 PA 291.

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. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Stanley, Banks, Talabi and Kosowski

Nays: None

The Committee on Local Government, by Rep. Price, Chair, reported

House Bill No. 5862, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 102, 2227, and 2845 (MCL 500.102, 500.2227, and 500.2845), section 102 as amended by 2000 PA 252, section 2227 as added by 1998 PA 217, and section 2845 as amended by 1998 PA 216.

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. Price, Pagel, Daley, Pettalia, Rendon, Graves, Stanley, Banks, Talabi and Kosowski

Nays: None

The Committee on Local Government, by Rep. Price, Chair, reported

House Bill No. 5907, 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.

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. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves and Kosowski

Nays: None

The Committee on Local Government, by Rep. Price, Chair, reported

Senate Bill No. 307, entitled

A bill to amend 1951 PA 33, entitled “An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and certain cities; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal acts and parts of acts,” by amending section 10 (MCL 41.810), as amended by 2004 PA 463.

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. Price, Pagel, Daley, Pettalia, Rendon, Graves, Stanley, Banks, Talabi and Kosowski

Nays: Reps. Franz and Somerville

The Committee on Local Government, by Rep. Price, Chair, reported

Senate Bill No. 313, entitled

A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending sections 1, 125, and 126 (MCL 125.401, 125.525, and 125.526), sections 1 and 126 as amended by 2008 PA 408.

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. Price, Daley, Franz, Pettalia, Somerville, Rendon and Graves

Nays: Reps. Pagel, Stanley, Banks, Talabi and Kosowski

The Committee on Local Government, by Rep. Price, Chair, reported

Senate Bill No. 1043, entitled

A bill to amend 1970 PA 74, entitled “Corner recordation act,” by amending the title and sections 2, 3, 4, 5, 6, 7, 8, and 14 (MCL 54.202, 54.203, 54.204, 54.205, 54.206, 54.207, 54.208, and 54.210d), sections 2, 3, 6, 7, 8, and 14 as amended by 2000 PA 34, and by adding sections 3a and 3b.

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. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Stanley, Banks, Talabi and Kosowski

Nays: None

The Committee on Local Government, by Rep. Price, Chair, reported

Senate Bill No. 1082, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” (MCL 280.1 to 280.630) by adding section 196a.

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. Price, Pagel, Daley, Graves, Stanley, Banks, Talabi and Kosowski

Nays: Reps. Franz, Pettalia, Somerville and Rendon

The Committee on Local Government, by Rep. Price, Chair, reported

Senate Bill No. 1125, entitled

A bill to amend 1937 PA 215, entitled “An act to authorize municipalities to own or control cemetery or burial grounds; to provide for perpetual care and maintenance; and to permit municipalities to authorize the creation of joint cemetery associations,” by amending the title and section 3 (MCL 128.3), the title as amended and section 3 as added by 1980 PA 366, and by adding section 4.

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. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Stanley, Banks, Talabi and Kosowski

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Price, Chair, of the Committee on Local Government, was received and read:

Meeting held on: Thursday, December 4, 2014

Present: Reps. Price, Pagel, Daley, Franz, Pettalia, Somerville, Rendon, Graves, Stanley, Banks, Talabi and Kosowski

Announcements by the Clerk

December 3, 2014

Received from the Auditor General a copy of the following audit report and/or report summary:

Performance audit of the Principal Residence Exemption, Department of Treasury, December 2014.

Gary L. Randall

Clerk of the House

By unanimous consent the House returned to the order of

Comments and Recommendations

Rep. MacGregor:

“Thank you Mr. Speaker

I was asked if I wanted to give a farewell speech and I thought to myself … I’m really not going anywhere.

So today Mr. Speaker, I rise to give NOT my farewell speech, but MY THANK YOU speech. While my time here in the House may temporarily be ending, my time in the state Legislature continues. I am one of the lucky few who have the honor of serving here in the House and in a few weeks I will have the privilege of traveling to the other side of the rotunda to serve in the Senate.

The past four years have gone by so quickly, and the two terms that I have served will leave a lasting impression on me – both personally and professionally. I would like to express my sincere gratitude for all my experiences as a state representative. The people that I have met and worked with – both in Lansing and back home – and the laws that we have passed to make Michigan a better place to live and work, have been very rewarding.

And even though this is not a farewell speech, I would still like to share a few high-lites of;

‘Some simple things that I have learned’ serving in this chamber.

• I have learned that my children will not go to the grocery store with me anymore because every isle turns into a town-hall meeting. They say all I do is talk to old people.

• I have learned that if I want to be home for dinner by 6pm we need to have Margaret O’Brien up on the rostrum. And sorry colleagues, but I’m taking her with me.

• I have learned that when someone says this bill is a ‘slam dunk’ —- it’s going to be as easy as one of us literally trying to slam dunk. I know I can’t slam dunk. Rep Kesto?

• I have learned that many of us have a great sense of humor, but a great sense of humor doesn’t make one a good joke teller – right Ken Yonker?

• I have learned that Representatives LaFontaine & Leonard don’t like people using THIS podium because of all the spit that gets on their desk. Sorry guys.

• I have learned that the cable television show ‘Moonshiners’ is actually based on one of our own colleague’s kin-folk. I won’t mention any names, but talk to our colleague from District 70.

• I have learned that serving & working with the second most evil person in the world (because he introduced the Emergency Manager Law) has been quite an experience.

It wasn’t on my original bucket list, but I checked it off anyway. And for the record - Al really isn’t all that evil – it just his charming personality.

• I have learned that Representative Bill Rogers and Representative Lisa Lyons have more courage than many of us will ever have for chairing K-12 Appropriations and the House Education Policy Committees. God bless them!

• And last but not least, I have learned that it’s only 78 paces from the House Floor to the Senate Floor. That’s for Knezek, Shirkey, Schmidt, Zorn, Stamas and O’Brien. I just thought you’d like to know.

On a more serious note, I still would like to take this opportunity to thank a few people who I admire and have helped my time here in the House to be more rewarding.

To the House Sergeants – Thanks you for your service. Some of you guys really intimidated the heck out of me my first year. Your professionalism is impeccable.

To Chief Dickson – who, soon after the election happen to ride the elevator with me, and congratulated me on my move to the Senate. He said to me (quote) ‘just remember – once a representative, always a representative.’ And then he said (quote) ‘and I’ll always be willing to take a bullet for you sir’. Thank you Chief Dickson for your dedication, but I really hope you never have to perform that task. All our Sergeants do an awesome job.

I want to thank the clerks, and the staff, and the writers that perform countless hours, behind the scenes, to make THIS ‘AWESOME’ PROCESS WORK. Their work behind the scenes is flawless – and essential.

There are two individuals that I have leaned on quite a bit to make my appropriations experience more purposeful. These two have guided me through the budget chaos and helped me turn my budget into a meaningful document.

These individuals are Dan Dundas from House Policy & Kevin Koorstra from House Fiscal. It’s their expertise that made the process work so efficiently.

Patty, Ken, Robin, MariAnn, Kyle, Josiah and Megan are just a few of the policy and fiscal staff whose hard work, dedication, and depth of knowledge have made my job (our job) easier. Thank you to all the staff.

And Just a forewarning - I have your cell numbers, so you may be getting a call from me next budget cycle.

I also want to thank my seat-mates. My first term, it was Brad Jacobsen.

I miss sitting next to Brad. He can make anyone smile. I enjoyed getting to know him and cheering on the Spartans together – Santa I still owe you one.

My current seat-mate, who is just about half the age of two-thirds of us serving here —- and for the record he’s only 20 years younger than me.

Frank Foster – I kid him about his age, and what he wants to be when he grows up, but I know that Frank has true character and the boldness that I know I never had in my 20s. I wish him much success and happiness.

For the last four years I enjoyed listening to the stories from third term colleagues like Pete Lund, Wayne Schmidt, Ken Kurtz, Kevin Daley, and Matt Lori about ‘how it used to be’ before my class took office 4 years ago.

I guess I like listening to them because I couldn’t imagine going through that – nor do I ever want to experience that. The multiple all-nighters, rarely starting on time, and having session go into the wee hours of the night. Wow – I hope this chamber never goes back to those days.

Speaker Bolger, Speaker Pro Tempore Walsh & Floor Leader Stamas – I want to thank you for your leadership and not making us live through the agony of disorganization (and how it used to be). Thank you for ‘doing what you say and saying what you do’. That is such a key component to successful leadership!

Speaker Bolger & Appropriation Chair Joe Haveman (as well as Chuck Moss too – our chairman last session); I really appreciate the opportunities you gave for me and the confidence and support you had in me to chair two appropriation subcommittees over the past 4 years.

I’m still amazed how well Joe was able to pull it all together.

Well done Joe.

Whether one is a D or an R, it doesn’t matter, because honesty and true respect is what makes strong friendships. Not the D’s and R’s.

I wish for the best for a special friend of mine, that I knew well before we got elected in 2010.

Rudy Hobbs, I hope that our bond stays strong and our paths cross many more times in our careers.

Honorable people like Representative Richard LeBlanc (who has been mentioned in many speech over the last two week) and Rep Rashida Tlaib, both who worked with me on appropriations ——- thank you for being honest and open during the budget process.

And Representative Paul Clemente – thank you for our interesting and honest conversations.

In wrapping up this Non-Farewell Speech, I want to thank my staff —— both past & present. Matt Sterenberg & Phil Yieter were with me in my first term and both are off to bigger and brighter futures now.

My current staff; Ben Greene and Mandy Bolter – Thank you for your loyalty, dedication, perseverance, keen perception, and most importantly your friendship. I know I wouldn’t have been able to get to the Senate without you on my team.

Mandy Bolter (who’s been with me from the start – and is leaving the life as a staffer to work closer to home in Kent County) —— I’m not sure I can even thank you enough.

Mandy - wish you were coming with me to the senate and I’m really not sure how I will endure without you by my side next term. The last four years together have been awesome.

I don’t want to leave anyone out but I need to thank a few of my Kent County Colleagues:

I want to thank Tom Hooker for his guidance and moral compass.

Rob VerHeulen, thank you for your pragmatism and friendship.

Ken Yonker, thank you for always having my back.

and Lisa Lyons – thank you for your perseverance, always making me laugh, and in the immortal words of Tommy Boy Callaghan – ‘I’ve seen a lot of stuff in my life, but that was ... awesome!’

I also want to thank my Family – My Wife Chrissie and my three boys Patrick, John & Matthew. Without their encouragement and support I’d never have run for this office.

It has been an honor to serve in this chamber for the last four years representing the 73rd District, and I look forward to continuing my service to the people of West Michigan and the 28th Senate District.

I am excited to begin this next chapter in my career, while I close this incredible chapter later this month. I will miss the House of Representatives and the people I have met during my time here.

To all of my colleagues in the House, I say thank you – for the friendship, respect and desire to keep our state moving forward.

I am especially grateful to the people I serve in Kent County, and I thank them for putting their trust in me once again. We have all been given an incredible task by our constituents, and it is always a pleasure to serve them.

In closing I would like to share one of my favorite quotes:

It’s by Winston Churchill;

‘Courage is what it takes to stand up and speak;

Courage is also what it takes to sit down and listen.’

Thank you & God Bless.”

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5560, entitled

A bill to set forth the methods for local governments and other governmental entities to provide public notices; to prescribe the powers and duties of certain public entities; and to prescribe the duties of certain private entities.

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

Roll Call No. 610 Yeas—62

Barnett Haveman Leonard Rogers

Bolger Heise Lori Rutledge

Brinks Hovey-Wright Lund Schmidt

Brunner Howrylak Lyons Schor

Bumstead Jacobsen MacGregor Segal

Cotter Jenkins MacMaster Shirkey

Crawford Kelly McCready Slavens

Denby Kesto Muxlow Smiley

Farrington Kivela Outman Somerville

Forlini Knezek Pagel Stanley

Franz Kosowski Poleski Switalski

Geiss Kowall Price VerHeulen

Genetski Kurtz Pscholka Victory

Goike LaFontaine Roberts Yanez

Haines Lane Robinson Yonker

Haugh LaVoy

Nays—47

Abed Durhal Lauwers Rendon

Banks Faris Lipton Santana

Brown Foster McBroom Singh

Callton Glardon McCann Stallworth

Cavanagh Graves McMillin Stamas

Clemente Greimel Nathan Talabi

Cochran Hobbs Nesbitt Tlaib

Daley Hooker O’Brien Townsend

Darany Irwin Oakes Walsh

Dianda Johnson Pettalia Zemke

Dillon Kandrevas Phelps Zorn

Driskell Lamonte Potvin

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5924, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” (MCL 432.1 to 432.47) by adding section 32b.

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

Roll Call No. 611 Yeas—99

Abed Goike Lauwers Rogers

Banks Graves LaVoy Rutledge

Barnett Greimel Leonard Schmidt

Bolger Haines Lipton Schor

Brinks Haugh Lori Segal

Brown Haveman Lund Shirkey

Brunner Heise Lyons Singh

Callton Hobbs MacGregor Slavens

Cavanagh Hooker MacMaster Smiley

Clemente Hovey-Wright McBroom Somerville

Cochran Howrylak McCann Stallworth

Cotter Irwin McCready Stamas

Crawford Jacobsen McMillin Stanley

Daley Jenkins Muxlow Switalski

Darany Kandrevas Nathan Talabi

Denby Kelly Nesbitt Tlaib

Dillon Kesto O’Brien Townsend

Driskell Kivela Oakes VerHeulen

Durhal Knezek Outman Victory

Faris Kosowski Pagel Walsh

Farrington Kowall Phelps Yanez

Forlini Kurtz Poleski Yonker

Foster LaFontaine Price Zemke

Geiss Lamonte Pscholka Zorn

Glardon Lane Roberts

Nays—10

Bumstead Genetski Potvin Robinson

Dianda Johnson Rendon Santana

Franz Pettalia

In The Chair: Walsh

The House agreed to the title of the bill.

House Bill No. 5868, entitled

A bill to amend 1989 PA 24, entitled “The district library establishment act,” by amending section 3 (MCL 397.173), as amended by 2005 PA 60, and by adding sections 3c and 3d.

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

Roll Call No. 612 Yeas—109

Abed Glardon Lauwers Roberts

Banks Goike LaVoy Robinson

Barnett Graves Leonard Rogers

Bolger Greimel Lipton Rutledge

Brinks Haines Lori Santana

Brown Haugh Lund Schmidt

Brunner Haveman Lyons Schor

Bumstead Heise MacGregor Segal

Callton Hobbs MacMaster Shirkey

Cavanagh Hooker McBroom Singh

Clemente Hovey-Wright McCann Slavens

Cochran Howrylak McCready Smiley

Cotter Irwin McMillin Somerville

Crawford Jacobsen Muxlow Stallworth

Daley Jenkins Nathan Stamas

Darany Johnson Nesbitt Stanley

Denby Kandrevas O’Brien Switalski

Dianda Kelly Oakes Talabi

Dillon Kesto 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: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5597, entitled

A bill to amend 1989 PA 24, entitled “The district library establishment act,” by amending section 2 (MCL 397.172), as amended by 2005 PA 60.

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

Roll Call No. 613 Yeas—109

Abed Glardon Lauwers Roberts

Banks Goike LaVoy Robinson

Barnett Graves Leonard Rogers

Bolger Greimel Lipton Rutledge

Brinks Haines Lori Santana

Brown Haugh Lund Schmidt

Brunner Haveman Lyons Schor

Bumstead Heise MacGregor Segal

Callton Hobbs MacMaster Shirkey

Cavanagh Hooker McBroom Singh

Clemente Hovey-Wright McCann Slavens

Cochran Howrylak McCready Smiley

Cotter Irwin McMillin Somerville

Crawford Jacobsen Muxlow Stallworth

Daley Jenkins Nathan Stamas

Darany Johnson Nesbitt Stanley

Denby Kandrevas O’Brien Switalski

Dianda Kelly Oakes Talabi

Dillon Kesto 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: Walsh

The House agreed to the title of the bill.

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

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

House Bill No. 5725, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 251 (MCL 18.1251), as amended by 1999 PA 8, and by adding section 257.

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 temporarily.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 1092, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 612 (MCL 257.612), as amended by 2006 PA 339.

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4454, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1566.

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

Roll Call No. 614 Yeas—95

Abed Glardon Lauwers Robinson

Banks Graves LaVoy Rutledge

Barnett Greimel Leonard Santana

Bolger Haines Lipton Schmidt

Brinks Haugh Lori Schor

Brown Haveman Lund Segal

Brunner Heise Lyons Shirkey

Callton Hobbs MacGregor Singh

Cavanagh Hooker MacMaster Slavens

Clemente Hovey-Wright McBroom Smiley

Cochran Howrylak McCann Stallworth

Cotter Irwin McCready Stamas

Crawford Jacobsen Muxlow Stanley

Darany Jenkins Nathan Switalski

Denby Johnson O’Brien Talabi

Dianda Kandrevas Oakes Tlaib

Dillon Kesto Outman Townsend

Driskell Kivela Pagel VerHeulen

Durhal Knezek Phelps Victory

Faris Kosowski Poleski Walsh

Foster Kurtz Price Yanez

Franz LaFontaine Pscholka Yonker

Geiss Lamonte Rendon Zemke

Genetski Lane Roberts

Nays—14

Bumstead Goike Nesbitt Rogers

Daley Kelly Pettalia Somerville

Farrington Kowall Potvin Zorn

Forlini McMillin

In The Chair: Walsh

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 5958, entitled

A bill to limit governmental action that substantially burdens a person’s exercise of religion; to set forth legislative findings; to provide for asserting a burden on exercise of religion as a claim or defense in any judicial or administrative proceeding; and to provide remedies.

The bill was read a second time.

Rep. Irwin moved to amend the bill as follows:

1. Amend page 4, following line 27, by inserting:

“(6) Nothing in this act shall be construed to permit a religious belief otherwise protected by this act to be used to avoid accountability for an act that violates the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2102 to 37.2804.”.

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

Rep. Irwin moved to amend the bill as follows:

1. Amend page 4, following line 27, by inserting:

“(6) Nothing in this act protects a religious practice that subjects a child to physical, sexual, or emotional abuse, including, but not limited to, genital mutilation, molestation, and incest.”.

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

Rep. Irwin moved to amend the bill as follows:

1. Amend page 4, following line 27, by inserting:

“(6) Nothing in this act prohibits state departments or their contractors from establishing policies for the purposes of cost savings or for the safety and protection of employees or residents of state-run or state-contracted residential or penal facilities.”.

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

Rep. Clemente moved to amend the bill as follows:

1. Amend page 4, following line 27, by inserting:

“(6) This act does not establish or eliminate a claim or defense in a judicial or administrative proceeding involving a claim of discrimination prohibited under state or local law or policy.”.

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

Rep. Clemente moved to amend the bill as follows:

1. Amend page 4, line 1, after “government.” by inserting “A person cannot claim a defense under this subsection unless the person demonstrates the sincerity of the religious belief by tithing or service in support of the religion.”.

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

Rep. Cavanagh moved to amend the bill as follows:

1. Amend page 3, line 27, after “judicial” by striking out “or administrative”.

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

Rep. Cavanagh moved to amend the bill as follows:

1. Amend page 3, line 20, after “religion” by striking out “in that particular instance”.

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

Rep. Cotter moved to amend the bill as follows:

1. Amend page 4, line 8, after “unless” by striking out “the law” and inserting “a law of this state”.

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

Rep. LaVoy moved to amend the bill as follows:

1. Amend page 4, following line 27, by inserting:

“(6) Nothing in this act should be construed to allow an elected official to avoid his or her responsibilities of that elected office.”.

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

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

The motion prevailed.

Rep. Stamas moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5958, entitled

A bill to limit governmental action that substantially burdens a person’s exercise of religion; to set forth legislative findings; to provide for asserting a burden on exercise of religion as a claim or defense in any judicial or administrative proceeding; and to provide remedies.

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

Roll Call No. 615 Yeas—59

Bolger Haines Lori Potvin

Bumstead Haveman Lund Price

Callton Heise Lyons Pscholka

Cotter Hooker MacGregor Rendon

Crawford Howrylak MacMaster Rogers

Daley Jacobsen McBroom Schmidt

Denby Jenkins McCready Shirkey

Farrington Johnson McMillin Somerville

Forlini Kelly Muxlow Stamas

Foster Kesto Nesbitt VerHeulen

Franz Kowall O’Brien Victory

Genetski Kurtz Outman Walsh

Glardon LaFontaine Pagel Yonker

Goike Lauwers Pettalia Zorn

Graves Leonard Poleski

Nays—50

Abed Durhal Lane Segal

Banks Faris LaVoy Singh

Barnett Geiss Lipton Slavens

Brinks Greimel McCann Smiley

Brown Haugh Nathan Stallworth

Brunner Hobbs Oakes Stanley

Cavanagh Hovey-Wright Phelps Switalski

Clemente Irwin Roberts Talabi

Cochran Kandrevas Robinson Tlaib

Darany Kivela Rutledge Townsend

Dianda Knezek Santana Yanez

Dillon Kosowski Schor Zemke

Driskell Lamonte

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

Reps. Bumstead, Cotter, Crawford, Daley, Denby, Franz, Genetski, Glardon, Goike, Graves, Haines, Haveman, Heise, Hooker, Howrylak, Jacobsen, Jenkins, Kelly, Kesto, Kowall, Kurtz, LaFontaine, Lauwers, Leonard, Lund, Lyons, MacGregor, MacMaster, McBroom, McCready, McMillin, Muxlow, Pettalia, Poleski, Potvin, Price, Pscholka, Rendon, Rogers, Schmidt, Shirkey, Somerville, Stamas, VerHeulen, Victory, Walsh and Zorn were named co‑sponsors of the bill.

______

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

“Mr. Speaker and members of the House:

It is with a heavy heart that I voted against the Michigan Religious Freedom Restoration Act. I believe in protecting religious freedom. However, I truly believe that this will create problems and could ultimately lead to government sanctioned religious discrimination. This violates the tenet of separation of church and state. Several amendments were offered, including one of mine, that would have made this law better. None of them were adopted. This bill also was passed along party lines during lame duck on the same day that it was voted out of committee along party lines. This was rushed for political reasons and could have been made better with more time and allowing for more public input.”

Second Reading of Bills

House Bill No. 4927, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 5a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Families, Children, and Seniors,

The substitute (H-4) was not adopted, a majority of the members serving not voting therefor.

Rep. LaFontaine moved to substitute (H-5) the bill.

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Irwin moved to amend the bill as follows:

1. Amend page 2, line 5, by striking out all of enacting section 2 and inserting:

“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 97th Legislature are enacted into law:

(a) House Bill No. 4060.

(b) House Bill No. 4928.

(c) House Bill No. 4991.”.

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

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

The motion prevailed.

Rep. Stamas moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4927, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 5a.

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

Roll Call No. 616 Yeas—60

Bolger Haines Lori Potvin

Bumstead Haveman Lund Price

Callton Heise Lyons Pscholka

Cotter Hooker MacGregor Rendon

Crawford Howrylak MacMaster Rogers

Daley Jacobsen McBroom Santana

Denby Jenkins McCready Schmidt

Farrington Johnson McMillin Shirkey

Forlini Kelly Muxlow Somerville

Foster Kesto Nesbitt Stamas

Franz Kowall O’Brien VerHeulen

Genetski Kurtz Outman Victory

Glardon LaFontaine Pagel Walsh

Goike Lauwers Pettalia Yonker

Graves Leonard Poleski Zorn

Nays—49

Abed Durhal Lamonte Segal

Banks Faris Lane Singh

Barnett Geiss LaVoy Slavens

Brinks Greimel Lipton Smiley

Brown Haugh McCann Stallworth

Brunner Hobbs Nathan Stanley

Cavanagh Hovey-Wright Oakes Switalski

Clemente Irwin Phelps Talabi

Cochran Kandrevas Roberts Tlaib

Darany Kivela Robinson Townsend

Dianda Knezek Rutledge Yanez

Dillon Kosowski Schor Zemke

Driskell

In The Chair: Walsh

The House agreed to the title of the bill.

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

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

______

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

“Mr. Speaker and members of the House:

I support making adoption easier. These bills do not take into consideration the religion of the children and violate separation of church and state. “

Second Reading of Bills

House Bill No. 4928, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 23b, 23d, 23e, and 46 of chapter X (MCL 710.23b, 710.23d, 710.23e, and 710.46), section 23b as added and section 46 as amended by 1994 PA 222, section 23d as amended by 2004 PA 487, and section 23e as amended by 2000 PA 55.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Families, Children, and Seniors,

The substitute (H-4) was not adopted, a majority of the members serving not voting therefor.

Rep. Kurtz moved to substitute (H-6) the bill.

The motion prevailed and the substitute (H-6) was adopted, a majority of the members serving voting therefor.

Rep. Irwin moved to amend the bill as follows:

1. Amend page 2, line 14, by striking out all of enacting section 2 and inserting:

“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 97th Legislature are enacted into law:

(a) House Bill No. 4060.

(b) House Bill No. 4927.

(c) House Bill No. 4991.”.

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

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

The motion prevailed.

Rep. Stamas moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4928, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 23b, 23d, 23e, and 46 of chapter X (MCL 710.23b, 710.23d, 710.23e, and 710.46), section 23b as added and section 46 as amended by 1994 PA 222, section 23d as amended by 2004 PA 487, and section 23e as amended by 2000 PA 55.

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

Roll Call No. 617 Yeas—59

Bolger Haines Lori Potvin

Bumstead Haveman Lund Price

Callton Heise Lyons Pscholka

Cotter Hooker MacGregor Rendon

Crawford Howrylak MacMaster Rogers

Daley Jacobsen McBroom Schmidt

Denby Jenkins McCready Shirkey

Farrington Johnson McMillin Somerville

Forlini Kelly Muxlow Stamas

Foster Kesto Nesbitt VerHeulen

Franz Kowall O’Brien Victory

Genetski Kurtz Outman Walsh

Glardon LaFontaine Pagel Yonker

Goike Lauwers Pettalia Zorn

Graves Leonard Poleski

Nays—50

Abed Durhal Lane Segal

Banks Faris LaVoy Singh

Barnett Geiss Lipton Slavens

Brinks Greimel McCann Smiley

Brown Haugh Nathan Stallworth

Brunner Hobbs Oakes Stanley

Cavanagh Hovey-Wright Phelps Switalski

Clemente Irwin Roberts Talabi

Cochran Kandrevas Robinson Tlaib

Darany Kivela Rutledge Townsend

Dianda Knezek Santana Yanez

Dillon Kosowski Schor Zemke

Driskell Lamonte

In The Chair: Walsh

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 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712B.41) by adding section 23g to chapter X.

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

“Mr. Speaker and members of the House:

I support making adoption easier. These bills do not take into consideration the religion of the children and violate separation of church and state. “

Second Reading of Bills

House Bill No. 4991, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 14e.

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

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

Rep. Leonard moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Irwin moved to amend the bill as follows:

1. Amend page 4, following line 26, by inserting:

“(a) House Bill No. 4060.” and relettering the remaining subdivisions.

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

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

The motion prevailed.

Rep. Stamas moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4991, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 14e.

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

Roll Call No. 618 Yeas—59

Bolger Haines Lori Potvin

Bumstead Haveman Lund Price

Callton Heise Lyons Pscholka

Cotter Hooker MacGregor Rendon

Crawford Howrylak MacMaster Rogers

Daley Jacobsen McBroom Schmidt

Denby Jenkins McCready Shirkey

Farrington Johnson McMillin Somerville

Forlini Kelly Muxlow Stamas

Foster Kesto Nesbitt VerHeulen

Franz Kowall O’Brien Victory

Genetski Kurtz Outman Walsh

Glardon LaFontaine Pagel Yonker

Goike Lauwers Pettalia Zorn

Graves Leonard Poleski

Nays—50

Abed Durhal Lane Segal

Banks Faris LaVoy Singh

Barnett Geiss Lipton Slavens

Brinks Greimel McCann Smiley

Brown Haugh Nathan Stallworth

Brunner Hobbs Oakes Stanley

Cavanagh Hovey-Wright Phelps Switalski

Clemente Irwin Roberts Talabi

Cochran Kandrevas Robinson Tlaib

Darany Kivela Rutledge Townsend

Dianda Knezek Santana Yanez

Dillon Kosowski Schor Zemke

Driskell Lamonte

In The Chair: Walsh

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 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding sections 14e and 14f.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

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

“Mr. Speaker and members of the House:

I support making adoption easier. These bills do not take into consideration the religion of the children and violate separation of church and state. “

Senate Bill No. 113, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2012 PA 497.

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

Roll Call No. 619 Yeas—93

Banks Goike LaVoy Rendon

Barnett Graves Leonard Roberts

Bolger Greimel Lori Rogers

Brinks Haines Lund Rutledge

Brown Haugh Lyons Santana

Bumstead Haveman MacGregor Schmidt

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Singh

Clemente Hooker McCann Somerville

Cochran Howrylak McCready Stallworth

Cotter Jacobsen McMillin Stamas

Crawford Jenkins Muxlow Stanley

Daley Johnson Nesbitt Switalski

Denby Kandrevas O’Brien Talabi

Dianda Kelly Oakes Tlaib

Dillon Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Farrington Knezek Pettalia Victory

Forlini Kosowski Phelps Walsh

Foster Kowall Poleski Yanez

Franz Kurtz Potvin Yonker

Geiss LaFontaine Price Zemke

Genetski Lauwers Pscholka Zorn

Glardon

Nays—16

Abed Faris Lane Schor

Brunner Hovey-Wright Lipton Segal

Darany Irwin Nathan Slavens

Driskell Lamonte Robinson Smiley

In The Chair: Walsh

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 section 27a (MCL 211.27a), as amended by 2014 PA 310.

The motion prevailed.

The House agreed to the title as amended.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Cotter to the Chair.

Second Reading of Bills

Senate Bill No. 596, entitled

A bill to create the human trafficking health advisory board act; to provide for an interdepartmental human trafficking health advisory board; to prescribe the membership of the human trafficking health advisory board; and to prescribe the duties and responsibilities of the human trafficking health advisory board.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Heise moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) 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. 845, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter IV (MCL 764.1), as amended by 2004 PA 318.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 77, p. 2000),

The amendment 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. 931, entitled

A bill to amend 1966 PA 189, entitled “An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts,” by amending sections 1, 3, and 5 (MCL 780.651, 780.653, and 780.655), section 1 as amended by 2009 PA 11, section 3 as amended by 1988 PA 80, and section 5 as amended by 2002 PA 112.

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. 932, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8512, 8512a, and 8513 (MCL 600.8512, 600.8512a, and 600.8513), section 8512 as amended by 1995 PA 54, section 8512a as added by 1984 PA 278, and section 8513 as amended by 2008 PA 95.

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.

House Bill No. 5952, entitled

A bill to authorize the department of natural resources to accept and convey property in Oakland county; to prescribe conditions for the acceptance and conveyance of the property; and to provide for disposition of revenue.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5860, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2601 and 2605 (MCL 339.2601 and 339.2605), as amended by 2006 PA 414.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. McBroom moved to substitute (H-2) the bill.

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

Rep. O’Brien moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4186, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending sections 1, 3, and 4 (MCL 780.621, 780.623, and 780.624), section 1 as amended by 2011 PA 64, section 3 as amended by 1994 PA 294, and section 4 as added by 1982 PA 495.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Oakes moved to substitute (H-5) the bill.

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5418, entitled

A bill to authorize private employers to adopt and apply a veteran’s preference employment policy; to create a registry of private employers who have adopted a veteran’s preference employment policy; and to provide for the powers and duties of certain state departments and agencies.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Stamas moved to substitute (H-3) the bill.

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

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

The motion prevailed.

House Bill No. 5205, entitled

A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending sections 1, 3, 7, 9, 11, and 39 (MCL 460.1001, 460.1003, 460.1007, 460.1009, 460.1011, and 460.1039).

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

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

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

The motion prevailed.

House Bill No. 5854, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 102, 3101a, 3171, 3172, 3173, 3173a, 3174, 3175, 3177, and 3178 (MCL 500.102, 500.3101a, 500.3171, 500.3172, 500.3173, 500.3173a, 500.3174, 500.3175, 500.3177, and 500.3178), section 102 as amended by 2000 PA 252, section 3101a as amended by 2011 PA 91, sections 3171, 3172, 3173a, 3174, and 3175 as amended and section 3178 as added by 2012 PA 204, and section 3177 as amended by 1984 PA 426.

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

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

Rep. Lipton moved to amend the bill as follows:

1. Amend page 11, line 23, after “if” by striking out “THE PERSON CAN DEMONSTRATE, AFTER EXERCISING DUE DILIGENCE, THAT”.

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

Rep. Hovey-Wright moved to amend the bill as follows:

1. Amend page 12, line 22, after “FACILITY” by striking out “AND PROVIDE A SATISFACTORY PROOF OF LOSS TO THE MICHIGAN AUTOMOBILE INSURANCE PLACEMENT FACILITY.”.

2. Amend page 16, line 4, after “FORM” by striking out “AND A SATISFACTORY PROOF OF LOSS UNDER SECTION 3172(3)”.

3. Amend page 16, line 6, after “claim.” by inserting “THE MICHIGAN AUTOMOBILE INSURANCE PLACEMENT FACILITY SHALL NOT DENY A CLAIM FOR A MERE CLERICAL OR ADMINISTRATIVE ERROR ON A COMPLETED CLAIM FORM.”.

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4445, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81101, 81134, 81136, 81137, 81140, 81141, and 81144 (MCL 324.81101, 324.81134, 324.81136, 324.81137, 324.81140, 324.81141, and 324.81144), section 81101 as amended by 2012 PA 246, section 81134 as amended by 2001 PA 12, sections 81136 and 81141 as amended by 1996 PA 175, and sections 81137, 81140, and 81144 as added by 1995 PA 58, and by adding section 81140b; and to repeal acts and parts of acts.

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

Roll Call No. 620 Yeas—87

Abed Greimel LaVoy Santana

Banks Haines Leonard Schmidt

Barnett Haugh Lipton Schor

Bolger Heise Lori Segal

Brinks Hobbs Lund Shirkey

Brown Hooker MacMaster Singh

Brunner Hovey-Wright McCann Slavens

Callton Howrylak McCready Smiley

Cavanagh Irwin Muxlow Stallworth

Clemente Jacobsen Nathan Stanley

Cochran Jenkins Nesbitt Switalski

Crawford Johnson O’Brien Talabi

Daley Kandrevas Oakes Tlaib

Darany Kesto Pagel Townsend

Denby Kivela Phelps VerHeulen

Dillon Knezek Poleski Victory

Driskell Kosowski Price Walsh

Durhal Kurtz Pscholka Yanez

Faris LaFontaine Roberts Yonker

Forlini Lamonte Robinson Zemke

Geiss Lane Rogers Zorn

Glardon Lauwers Rutledge

Nays—22

Bumstead Genetski Lyons Pettalia

Cotter Goike MacGregor Potvin

Dianda Graves McBroom Rendon

Farrington Haveman McMillin Somerville

Foster Kelly Outman Stamas

Franz Kowall

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 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81101, 81134, 81136, 81137, 81140, 81141, and 81144 (MCL 324.81101, 324.81134, 324.81136, 324.81137, 324.81140, 324.81141, and 324.81144), section 81101 as amended by 2013 PA 249, section 81134 as amended by 2001 PA 12, sections 81136 and 81141 as amended by 1996 PA 175, and sections 81137, 81140, and 81144 as added by 1995 PA 58, and by adding section 81140b; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

House Bill No. 4446, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13g of chapter XVII (MCL 777.13g), as amended by 2003 PA 232.

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

Roll Call No. 621 Yeas—85

Abed Haines LaVoy Santana

Banks Haugh Lipton Schmidt

Barnett Heise Lori Schor

Bolger Hobbs Lund Segal

Brinks Hooker MacMaster Shirkey

Brown Hovey-Wright McCann Singh