No. 15

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Tuesday, February 11, 2014.

1:30 p.m.

The House was called to order by the Speaker.

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

Abed—present Glardon—present LaVoy—present Roberts—present

Banks—present Goike—present Leonard—present Robinson—present

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

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

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

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

Brunner—present Haveman—present MacGregor—present Schor—present

Bumstead—present Heise—present MacMaster—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—excused

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

Rev. Venice C. Douglas, of The Lutheran Church of Our Savior in Westland, offered the following invocation:

“O Lord God Almighty, You have called through the ballot box these Your servants to make the often hard decisions which help all the citizens of this state. We pray for Your wisdom and Your guidance as they engage one another in open insightful discussions regarding what is best for all districts and regions of the state.

Lord, we know that through You we can do great and marvelous things. Through You O Lord we know that Michigan can become a bright and shining light in this world of confusion throughout our great country.

Help us O Lord to serve You by serving one another. This we pray in the name of Your Son, our Lord and Savior, Jesus Christ.”

______

Rep. Stamas moved that Rep. Walsh be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Graves, Barnett, Brown, Durhal, Heise, Howrylak, Kelly, O’Brien and Roberts offered the following resolution:

House Resolution No. 300.

A resolution to memorialize the Congress of the United States and the U.S. Department of Veterans Affairs to take a stronger role in investigating and eliminating delays in veterans’ health care.

Whereas, The men and women who serve our country deserve our utmost respect and appreciation. Many of them are injured in the line of duty and come home to face challenging physical disabilities and other health issues. These veterans need our continued support after they have left active service. All veterans are entitled to the best health care we can give them; and

Whereas, Several VA facilities have a backlog of patients waiting for colonoscopies or endoscopies, necessary procedures for diagnosing cancers of the colon and digestive tract. As many as 7,000 veterans have been on the backlog list, often waiting over a year while experiencing pain and other symptoms that could not be properly treated without proper diagnosis; and

Whereas, At least 19 veterans have died due to delays in commonly used medical screenings, such as colonoscopies. Although the backlog problem was uncovered as early as July of 2011, little progress has been made in increasing the numbers of veterans who receive the necessary medical procedures; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States and the U.S. Department of Veterans Affairs to take a stronger role in investigating and eliminating delays in veterans’ health care; and be it further

Resolved, That copies of this resolution be transmitted to the Secretary of the U.S. Department of Veterans Affairs, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Military and Veterans Affairs.

Reps. Abed and Knezek offered the following resolution:

House Resolution No. 301.

A resolution to memorialize the Congress and the President of the United States to enact legislation that would fund state Pay-It-Forward college financing pilot programs.

Whereas, A college education can expand opportunities for high-quality jobs and entry into the middle class. The nation’s economy benefits from a more highly educated and employed citizenry. However, investment in higher education has fallen significantly in the last 6 years as a result of the 2008 fiscal collapse, while at the same time college tuition rates have risen higher than the rate of inflation; and

Whereas, Financial aid programs are increasingly important to allow students access to college but are inadequate to accommodate all those in financial need. Students have been forced to borrow money at unprecedented rates, resulting in two-thirds of graduates leaving with an average of $26,600 to repay in student loans. Michigan college graduates who earned bachelor’s degrees in 2012 owed an average of nearly $29,000 in student loans. High student debt hurts graduates’ ability to become financially stable and has grave consequences for the future of the United States economy; and

Whereas, Our nation should encourage new approaches to financing college costs that will not overburden graduates with debt. The Pay It Forward College Affordability Act of 2013 would provide a new model for education finance by replacing traditional, interest-bearing loans with post-graduate contributions to repay the cost of college. Instead of paying for tuition based on the amount of money a student can access before they start college, under a Pay-It-Forward program, students would pay for their tuition based on the income generated by the education they obtained in college. Over time, the funds repaid would allow college access for future generations of students. The Pay-It-Forward concept is currently being considered and tested by the states of Oregon and Washington. Senator Merkley of Oregon has introduced a bill in Congress (S. 1884) to provide for pilot programs to test and encourage development of the Pay-It-Forward model. Oregon Representative Bonamici and Michigan Representative Dan Kildee have introduced a similar bill in the U.S. House of Representatives (H.R. 3959); now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress and the President of the United States to enact legislation that would fund state Pay-It-Forward college financing pilot programs; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Education.

______

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

Third Reading of Bills

House Bill No. 5198, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7 (MCL 722.627), as amended by 2011 PA 70.

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

Roll Call No. 35 Yeas—108

Abed Genetski Lane Pscholka

Banks Glardon Lauwers Rendon

Barnett Goike LaVoy Roberts

Bolger Graves Leonard Rogers

Brinks Greimel Lipton Rutledge

Brown Haines Lori Santana

Brunner Haugh Lund Schmidt

Bumstead Haveman Lyons Schor

Callton Heise MacGregor Segal

Cavanagh Hobbs MacMaster Shirkey

Clemente Hooker McBroom Singh

Cochran Hovey-Wright McCann Slavens

Cotter Howrylak McCready Smiley

Crawford Irwin McMillin Somerville

Daley Jacobsen Muxlow Stallworth

Darany Jenkins Nathan Stamas

Denby Johnson Nesbitt Stanley

Dianda Kandrevas O’Brien Switalski

Dillon Kelly Oakes Talabi

Driskell Kesto Olumba Tlaib

Durhal Kivela Outman Townsend

Faris Knezek Pagel VerHeulen

Farrington Kosowski Pettalia Victory

Forlini Kowall Phelps Yanez

Foster Kurtz Poleski Yonker

Franz LaFontaine Potvin Zemke

Geiss Lamonte Price Zorn

Nays—1

Robinson

In The Chair: Cotter

The House agreed to the title of the bill.

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

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

Senate Bill No. 396, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34d (MCL 211.34d), as amended by 2012 PA 185.

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

Roll Call No. 36 Yeas—82

Abed Geiss Lauwers Potvin

Bolger Genetski Leonard Price

Brinks Glardon Lori Pscholka

Brown Goike Lund Rendon

Bumstead Graves Lyons Rogers

Callton Greimel MacGregor Rutledge

Cavanagh Haines MacMaster Schmidt

Clemente Haveman McBroom Schor

Cochran Heise McCann Segal

Cotter Hobbs McCready Shirkey

Crawford Hooker McMillin Slavens

Daley Jacobsen Muxlow Somerville

Darany Jenkins Nathan Stamas

Denby Johnson Nesbitt Talabi

Dianda Kelly O’Brien VerHeulen

Dillon Kesto Oakes Victory

Durhal Kivela Outman Yanez

Farrington Kowall Pagel Yonker

Forlini Kurtz Pettalia Zemke

Foster LaFontaine Poleski Zorn

Franz Lamonte

Nays—27

Banks Howrylak Lipton Smiley

Barnett Irwin Olumba Stallworth

Brunner Kandrevas Phelps Stanley

Driskell Knezek Roberts Switalski

Faris Kosowski Robinson Tlaib

Haugh Lane Santana Townsend

Hovey-Wright LaVoy Singh

In The Chair: Cotter

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

“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,”

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.

Senate Bill No. 581, entitled

A bill to amend 1962 PA 60, entitled “An act to provide for the day parole of prisoners in county jails to permit them to be gainfully employed outside the jail or pursue other activities; to provide for the granting of reductions in terms of imprisonment and the regulation thereof; and to provide for the disposition of earnings from such employment,” by amending section 1 (MCL 801.251), as amended by 2012 PA 613.

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

Roll Call No. 37 Yeas—109

Abed Glardon Lauwers Rendon

Banks Goike LaVoy Roberts

Barnett Graves Leonard Robinson

Bolger Greimel Lipton 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

Driskell Kivela Outman Tlaib

Durhal Knezek Pagel Townsend

Faris Kosowski Pettalia VerHeulen

Farrington Kowall Phelps Victory

Forlini Kurtz Poleski Yanez

Foster LaFontaine Potvin Yonker

Franz Lamonte Price Zemke

Geiss Lane Pscholka Zorn

Genetski

Nays—0

In The Chair: Cotter

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5025, 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, 2, and 4 (MCL 780.621, 780.622, and 780.624), section 1 as amended by 2011 PA 64, section 2 as amended by 1994 PA 294, and section 4 as added by 1982 PA 495.

The bill was read a second time.

Rep. Heise moved to substitute (H-1) the bill.

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

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

The motion prevailed.

House Bill No. 5231, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 449a, 451, 452, 455, 456, 457, 458, 459, and 460 (MCL 750.449a, 750.451, 750.452, 750.455, 750.456, 750.457, 750.458, 750.459, and 750.460), section 451 as amended by 2002 PA 44.

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

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

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

The motion prevailed.

House Bill No. 5232, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2010 PA 361.

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

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

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

The motion prevailed.

Pending the Second Reading of

House Bill No. 4999, entitled

A bill to repeal 1923 PA 230, entitled “An act to authorize and empower villages and townships of this state, also cities having a population not exceeding 50,000 inhabitants, to levy a tax for the maintenance and employment of a band for musical purposes for the benefit of the public, provided said special question is submitted to the duly qualified voters of such villages, townships or cities and adopted or agreed to by a majority vote of those participating in said election; and to prescribe penalties and provide remedies,” (MCL 123.861 to 123.863).

Rep. Stamas moved that the bill be re-referred to the Committee on Local Government.

The motion prevailed.

Pending the Second Reading of

Senate Bill No. 318, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353.

Rep. Stamas moved that the bill be re-referred to the Committee on Criminal Justice.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5151, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2006 (MCL 500.2006), as amended by 2004 PA 28.

Rep. Stamas moved that the bill be re-referred to the Committee on Insurance.

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

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, February 6:

House Bill Nos. 5279 5280 5281 5282 5283 5284 5285

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, February 11, for his approval of the following bill:

Enrolled House Bill No. 4570 at 10:46 a.m.

Reports of Standing Committees

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

House Bill No. 4781, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 306 (MCL 257.306), as amended by 2011 PA 159.

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, Pettalia, Lauwers and McCready

Nays: None

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

Senate Bill No. 263, entitled

A bill to amend 1976 PA 295, entitled “State transportation preservation act of 1976,” by amending section 10 (MCL 474.60), as amended by 2012 PA 42; and to repeal acts and parts of acts.

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 and McCready

Nays: None

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

Senate Bill No. 463, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 225 (MCL 257.225), as amended by 1995 PA 129.

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 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, February 11, 2014

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

Absent: Rep. Smiley

Excused: Rep. Smiley

The Committee on Elections and Ethics, by Rep. Lyons, Chair, reported

House Bill No. 5152, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509gg and 544c (MCL 168.509gg and 168.544c), section 509gg as amended by 2005 PA 71 and section 544c as amended by 2002 PA 431.

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. Lyons, Cotter, Heise, Callton, Outman, Yonker, Haugh, Lane and Schor

Nays: None

The Committee on Elections and Ethics, by Rep. Lyons, Chair, reported

House Bill No. 5222, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 47 (MCL 169.247), as amended by 2013 PA 252.

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. Lyons, Cotter, Heise, Callton, Outman, Yonker, Haugh, Lane and Schor

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lyons, Chair, of the Committee on Elections and Ethics, was received and read:

Meeting held on: Tuesday, February 11, 2014

Present: Reps. Lyons, Cotter, Heise, Callton, Outman, Yonker, Haugh, Lane and Schor

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, February 11, 2014

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

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, February 11, 2014

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

Absent: Rep. Stallworth

Excused: Rep. Stallworth

Communications from State Officers

The following communications from the Department of Human Services were received and read:

January 8, 2014

As per the Child Advocacy Center Act, Public Act 544 of 2008, the Michigan Domestic and Sexual Violence Prevention and Treatment Board is required to “provide an annual report of incomes and expenditures to the secretary of the senate and the clerk of the house of representatives.”

Please note that Public Act 544 of 2008 did not allow for expenditures from the fund prior to April 1, 2011. Attached please find a Statement of Reventues, Expenditures, and Changes in Fund Balances through year end September 30, 2012.

Please feel free to contact me for any additional information or questions. My direct line is (517) 241-5114. Thank you.

January 8, 2014

Please feel free to contact me for any additional information or questions. My direct line is (517) 241-5114. Thank you.

Sincerely,

Debi Cain

Executive Director

The communications were referred to the Clerk.

Introduction of Bills

Reps. Irwin, Slavens, Barnett, LaVoy and Schor introduced

House Bill No. 5286, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 218.

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

Reps. Irwin, Slavens, Barnett, LaVoy and Schor introduced

House Bill No. 5287, entitled

A bill to create the Michigan progress board; to provide for its operation; to impose duties on certain state and local officials; and to make recommendations and make certain reports.

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

Rep. Haveman introduced

House Bill No. 5288, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2013 PA 97 and section 17b as amended by 2007 PA 137.