No. 38
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
97th Legislature
REGULAR SESSION OF 2014
House Chamber, Lansing, Tuesday, April 29, 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—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
Pastor Eric Gledhill, Pastor of Trinity Lutheran Church in Paw Paw, offered the following invocation:
“Romans 13:1-7, ‘1 Everyone must submit to governing authorities. For all authority comes from God, and those in positions of authority have been placed there by God. 2 So anyone who rebels against authority is rebelling against what God has instituted, and they will be punished. 3 For the authorities do not strike fear in people who are doing right, but in those who are doing wrong. Would you like to live without fear of the authorities? Do what is right, and they will honor you. 4 The authorities are God’s servants, sent for your good. But if you are doing wrong, of course you should be afraid, for they have the power to punish you. They are God’s servants, sent for the very purpose of punishing those who do what is wrong. 5 So you must submit to them, not only to avoid punishment, but also to keep a clear conscience. 6 Pay your taxes, too, for these same reasons. For government workers need to be paid. They are serving God in what they do. 7 Give to everyone what you owe them: Pay your taxes and government fees to those who collect them, and give respect and honor to those who are in authority.’ (NLT)
Heavenly Father, I ask Your blessing upon these men and women that You have placed in these positions of leadership. May we daily lift them up in prayer for Your protection, discernment, and wisdom so that they may be effective leaders. Grant them a passion to serve and to do good for those that depend on them. Give to them the gifts of health and joy as they serve these Your people here in this state and beyond. According to Your good and faithful will, Amen.”
Motions and Resolutions
Reps. Oakes, Banks, Slavens, Knezek, Brinks, Outman, Potvin, Cavanagh, Barnett, Brown, Crawford, Driskell, Geiss, Hovey-Wright, Howrylak, Kelly, LaVoy, Lipton, Schor and Switalski offered the following resolution:
House Resolution No. 342.
A resolution to declare April 2014 as Autism Awareness Month in the state of Michigan.
Whereas, There are 1.5 million Americans living with the effects of autism spectrum disorder; and
Whereas, Autism is four times more likely to occur in boys than in girls; and
Whereas, Autism is the result of a neurological disorder that affects the normal functioning of the brain, impacting development in the areas of social interaction and communication skills; and
Whereas, Autism knows no racial, ethnic, social boundaries, family income, lifestyle, or educational levels, and can affect any family and any child; and
Whereas, The demands of living with a person with autism are great and families frequently experience significant financial costs for specialized education and support services. The uniqueness of each individual with autism makes the experience of living with autism different for each family; and
Whereas, Autism is a lifelong condition and the necessary support and treatment changes as people on the spectrum move through major life phases. Their quality of life depends not only upon the foundation that is provided in childhood, but on ongoing supports that are specific to the educational, medical, social, recreational, family, and employment needs of the individual; and
Whereas, Early intervention services are the primary therapeutic option for young people with autism and that early intervention significantly improves the outcome for people with autism and can reduce the level of funding and services needed to treat people with autism later in life; and
Whereas, The Michigan Developmental Disabilities Council supports people with developmental disabilities, including those with autism, to achieve their life’s dreams and ensure that all citizens of Michigan have the opportunities and support to achieve their full potential; and
Whereas, New opportunities are being created through collaborative efforts of family members, professionals, and all levels of government to bring about significant changes in the public perception of young people and adults with developmental disabilities, including those with autism, opening new doors to independent and productive lives; and
Whereas, On March 23, 2007, Congress designated April as National Autism Awareness Month, supporting efforts to increase funding for research into the causes and treatment of autism and to improve training and support for individuals with autism and those who care for individuals with autism; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 2014 as Autism Awareness Month in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Yanez, Barnett, Brown, Cavanagh, Driskell, Geiss, Hovey-Wright, LaVoy, Lipton, Schor, Slavens and Switalski offered the following resolution:
House Resolution No. 343.
A resolution to declare April 28, 2014, as Workers’ Memorial Day in the state of Michigan.
Whereas, Every year on April 28, communities and worksites around the world honor friends, family members, and colleagues who have been killed or injured on the job; and
Whereas, The Federal Bureau of Labor Statistics reported that 4,383 workers were killed by traumatic injuries and an estimated 50,000–60,000 died from occupational diseases in 2012. On average, 12 workers were killed on the job every day; and
Whereas, In 2012, 127 workers were lost through fatal workplace accidents in Michigan and 105,500 injuries and illness were reported; and
Whereas, It is appropriate to honor the memory of the courageous and dedicated members of Michigan’s labor force who have been injured or disabled or have died as a result of workplace accidents; and
Whereas, We remember those who have died in workplace catastrophes, suffered occupational-related diseases, or have been injured due to dangerous conditions; and
Whereas, Recognition of the integrity of Michigan’s work force and its achievements on behalf of the economic growth of our state is necessary; and
Whereas, The Michigan House of Representatives wishes to pay tribute to the workers who have died or been injured or disabled in workplace accidents. We honor the contributions of Michigan’s work force and call for increased workplace safety; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 28, 2014, as Workers’ Memorial Day in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Rep. Stamas moved to vacate the enrollment of House Bill No. 5155.
The motion prevailed.
Messages from the Senate
The Senate requested the return of
House Bill No. 5155, entitled
A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 8311 and 8511 (MCL 600.8311 and 600.8511), section 8511 as amended by 2008 PA 95; and to repeal acts and parts of acts.
(The bill was enrolled on April 22, see House Journal No. 37, p. 616.)
Rep. Stamas moved that the request of the Senate be granted.
The motion prevailed.
The Speaker laid before the House
House Bill No. 5154, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 1, 4, 7, 11a, 11b, and 13 of chapter VI (MCL 766.1, 766.4, 766.7, 766.11a, 766.11b, and 766.13), section 4 as amended by 1994 PA 167, section 11a as added by 2004 PA 20, and section 11b as added by 2007 PA 89.
(The bill was received from the Senate on April 23, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 37, p. 616.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The Senate requested the return of
House Bill No. 5154, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 1, 4, 7, 11a, 11b, and 13 of chapter VI (MCL 766.1, 766.4, 766.7, 766.11a, 766.11b, and 766.13), section 4 as amended by 1994 PA 167, section 11a as added by 2004 PA 20, and section 11b as added by 2007 PA 89.
Rep. Stamas moved that the request of the Senate be granted.
The motion prevailed.
House Bill No. 4962, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 58A.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Cotter to the Chair.
Third Reading of Bills
House Bill No. 5216, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 34d.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 190 Yeas—110
Abed Glardon LaVoy Roberts
Banks Goike Leonard Robinson
Barnett Graves Lipton Rogers
Bolger Greimel Lori Rutledge
Brinks Haines Lund Santana
Brown Haugh Lyons Schmidt
Brunner Haveman MacGregor Schor
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Singh
Clemente Hovey-Wright McCready Slavens
Cochran Howrylak McMillin Smiley
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson O’Brien Stanley
Denby Kandrevas Oakes Switalski
Dianda Kelly Olumba Talabi
Dillon Kesto Outman Tlaib
Driskell Kivela Pagel Townsend
Durhal Knezek Pettalia VerHeulen
Faris Kosowski Phelps Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski Lauwers
Nays—0
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5217, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2956a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 191 Yeas—65
Bolger Haveman Lund Potvin
Bumstead Heise Lyons Price
Callton Hooker MacGregor Pscholka
Cotter Howrylak MacMaster Rendon
Crawford Jacobsen McBroom Robinson
Daley Jenkins McCready Rogers
Denby Johnson McMillin Santana
Durhal Kelly Muxlow Schmidt
Farrington Kesto Nathan Shirkey
Forlini Kivela Nesbitt Somerville
Foster Kowall O’Brien Stamas
Franz Kurtz Olumba VerHeulen
Genetski LaFontaine Outman Victory
Glardon Lauwers Pagel Walsh
Goike Leonard Pettalia Yonker
Graves Lori Poleski Zorn
Haines
Nays—45
Abed Driskell Lamonte Singh
Banks Faris Lane Slavens
Barnett Geiss LaVoy Smiley
Brinks Greimel Lipton Stallworth
Brown Haugh McCann Stanley
Brunner Hobbs Oakes Switalski
Cavanagh Hovey-Wright Phelps Talabi
Clemente Irwin Roberts Tlaib
Cochran Kandrevas Rutledge Townsend
Darany Knezek Schor Yanez
Dianda Kosowski Segal Zemke
Dillon
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5218, entitled
A bill to amend 1974 PA 381, entitled “An act to encourage and contribute to the rehabilitation of former offenders and to assist them in the assumption of the responsibilities of citizenship; to prescribe the use of the term “good moral character” or similar term as a requirement for an occupational or professional license or when used as a requirement to establish or operate an organization or facility regulated by this state; and to provide administrative and judicial procedures to contest licensing board or agency rulings thereon,” by amending section 2 (MCL 338.42).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 192 Yeas—110
Abed Glardon LaVoy Roberts
Banks Goike Leonard Robinson
Barnett Graves Lipton Rogers
Bolger Greimel Lori Rutledge
Brinks Haines Lund Santana
Brown Haugh Lyons Schmidt
Brunner Haveman MacGregor Schor
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Singh
Clemente Hovey-Wright McCready Slavens
Cochran Howrylak McMillin Smiley
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson O’Brien Stanley
Denby Kandrevas Oakes Switalski
Dianda Kelly Olumba Talabi
Dillon Kesto Outman Tlaib
Driskell Kivela Pagel Townsend
Durhal Knezek Pettalia VerHeulen
Faris Kosowski Phelps Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski Lauwers
Nays—0
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5220, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 728 (MCL 339.728), as amended by 2010 PA 215.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 193 Yeas—110
Abed Glardon LaVoy Roberts
Banks Goike Leonard Robinson
Barnett Graves Lipton Rogers
Bolger Greimel Lori Rutledge
Brinks Haines Lund Santana
Brown Haugh Lyons Schmidt
Brunner Haveman MacGregor Schor
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Singh
Clemente Hovey-Wright McCready Slavens
Cochran Howrylak McMillin Smiley
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson O’Brien Stanley
Denby Kandrevas Oakes Switalski
Dianda Kelly Olumba Talabi
Dillon Kesto Outman Tlaib
Driskell Kivela Pagel Townsend
Durhal Knezek Pettalia VerHeulen
Faris Kosowski Phelps Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski Lauwers
Nays—0
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Stamas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4341, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2652 (MCL 333.2652), as amended by 2006 PA 301.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 194 Yeas—110
Abed Glardon LaVoy Roberts
Banks Goike Leonard Robinson
Barnett Graves Lipton Rogers
Bolger Greimel Lori Rutledge
Brinks Haines Lund Santana
Brown Haugh Lyons Schmidt
Brunner Haveman MacGregor Schor
Bumstead Heise MacMaster Segal
Callton Hobbs McBroom Shirkey
Cavanagh Hooker McCann Singh
Clemente Hovey-Wright McCready Slavens
Cochran Howrylak McMillin Smiley
Cotter Irwin Muxlow Somerville
Crawford Jacobsen Nathan Stallworth
Daley Jenkins Nesbitt Stamas
Darany Johnson O’Brien Stanley
Denby Kandrevas Oakes Switalski
Dianda Kelly Olumba Talabi
Dillon Kesto Outman Tlaib
Driskell Kivela Pagel Townsend
Durhal Knezek Pettalia VerHeulen
Faris Kosowski Phelps Victory
Farrington Kowall Poleski Walsh
Forlini Kurtz Potvin Yanez
Foster LaFontaine Price Yonker
Franz Lamonte Pscholka Zemke
Geiss Lane Rendon Zorn
Genetski Lauwers
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.
______
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, April 24:
House Bill Nos. 5461 5462 5463 5464 5465 5466 5467 5468 5469 5470 5471 5472 5473 5474
5475 5476 5477
Senate Bill Nos. 904 905 906 907
The Clerk announced that the following Senate bills had been received on Thursday, April 24:
Senate Bill Nos. 49 680 834 878 881
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, April 25:
Senate Bill Nos. 908 909 910 911
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, April 29, for his approval of the following bill:
Enrolled House Bill No. 4781 at 11:30 a.m.
The Clerk announced that the following Senate bills had been received on Tuesday, April 29:
Senate Bill Nos. 760 770 771 772 776
Reports of Standing Committees
The Committee on Regulatory Reform, by Rep. Crawford, Chair, reported
Senate Bill No. 862, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 531 (MCL 436.1531), as amended by 2013 PA 237.
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. Crawford, McBroom, Denby, McMillin, LaFontaine, Rendon, Yonker, Kelly, Kesto, Haugh, Abed, Stanley, Dianda and Schor
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Crawford, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Tuesday, April 29, 2014
Present: Reps. Crawford, McBroom, Denby, McMillin, LaFontaine, Rendon, Yonker, Kelly, Kesto, Haugh, Abed, Stanley, Dianda, Nathan and Schor
The Committee on Elections and Ethics, by Rep. Lyons, Chair, reported
Senate Bill No. 546, entitled
A bill to amend 1877 PA 164, entitled “An act to authorize cities, incorporated villages, and townships to establish and maintain, or contract for the use of, free public libraries and reading rooms; and to prescribe penalties and provide remedies,” by amending sections 2, 3, 4, 5, 7, 9, 10, 10a, 10c, 11, 14, 15, and 16 (MCL 397.202, 397.203, 397.204, 397.205, 397.207, 397.209, 397.210, 397.210a, 397.210c, 397.211, 397.214, 397.215, and 397.216), section 2 as amended by 2000 PA 99, sections 10, 10a, and 10c as amended by 1994 PA 81, section 11 as amended by 2002 PA 160, and sections 14 and 16 as amended and section 15 as added by 1984 PA 128.
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. 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, April 29, 2014
Present: Reps. Lyons, Cotter, Heise, Callton, Outman, Yonker, Haugh, Lane and Schor
The Committee on Transportation and Infrastructure, by Rep. Schmidt, Chair, reported
House Bill No. 4923, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1077.
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. Schmidt, Glardon, Daley, Heise, Jacobsen, O’Brien, Pettalia, Lauwers, McCready, Lane, Dianda, Rutledge, Driskell, Cochran and Smiley
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Schmidt, Chair, reported
House Bill No. 5447, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 81.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Schmidt, Glardon, Daley, Heise, Jacobsen, O’Brien, Pettalia, Lauwers, McCready, Lane, Dianda, Rutledge, Driskell, Cochran and Smiley
Nays: None
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, April 29, 2014
Present: Reps. Schmidt, Glardon, Daley, Heise, Jacobsen, O’Brien, Pettalia, Lauwers, McCready, Lane, Dianda, Rutledge, Driskell, Cochran and Smiley
The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported
Senate Bill No. 59, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 51102, 51103, 51108, 51113, and 51115 (MCL 324.51102, 324.51103, 324.51108, 324.51113, and 324.51115), sections 51102 and 51115 as added by 1995 PA 57, sections 51103 and 51113 as amended by 2006 PA 383, and section 51108 as amended by 2012 PA 248.
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. LaFontaine, Rendon, Goike, Johnson, McBroom, Victory, Smiley, Dianda and Kivela
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. LaFontaine, Chair, of the Committee on Natural Resources, was received and read:
Meeting held on: Tuesday, April 29, 2014
Present: Reps. LaFontaine, Rendon, Goike, Johnson, McBroom, Victory, Smiley, Dianda and Kivela
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: Tuesday, April 29, 2014
Present: Reps. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Schmidt, Zorn, Graves, Lauwers, Howrylak, Stallworth, Hobbs, Nathan, LaVoy, Lane, Brunner, Yanez, Lamonte and Phelps
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. McMillin, Chair, of the Committee on Oversight, was received and read:
Meeting held on: Tuesday, April 29, 2014
Present: Reps. McMillin, Kelly, O’Brien, Leonard, Howrylak and Robinson
Absent: Reps. Townsend and Phelps
Excused: Reps. Townsend and Phelps
Messages from the Senate
House Bill No. 5277, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204, 3240, and 3278 (MCL 600.3204, 600.3240, and 600.3278), section 3204 as amended by 2013 PA 103, section 3240 as amended by 2013 PA 104, and section 3278 as added by 2011 PA 301, and by adding sections 3237 and 3238; and to repeal acts and parts of acts.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 49, 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,” (MCL 28.421 to 28.435) by adding section 1b.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 680, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30111b (MCL 324.30111b), as added by 2012 PA 56.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Senate Bill No. 760, entitled
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 770, entitled
A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 771, entitled
A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 772, entitled
A bill to make appropriations for the department of licensing and regulatory affairs and certain other state purposes for the fiscal year ending September 30, 2015; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 776, entitled
A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 834, 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 section 2b (MCL 28.422b), as amended by 2001 PA 199.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 878, entitled
A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 11c, 12, 13, 14, 15, 16, 18, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a, 432.108, 432.109, 432.110, 432.111b, 432.111c, 432.112, 432.113, 432.114, 432.115, 432.116, 432.118, and 432.119), sections 2 and 9 as amended by 2008 PA 401, sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and 11b as amended by 2006 PA 427, sections 4, 13, 14, 15, 16, and 18 as amended and section 11c as added by 1999 PA 108, and section 19 as amended by 1995 PA 263, and by adding article 2; to designate sections 1 to 20 as article 1; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 881, 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 section 5o (MCL 28.425o), as amended by 2012 PA 123.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
April 4, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-050-LR (Secretary of State Filing #14-04-04) on this date at 4:26 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Part 308 Inorganic Arscenic”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
April 4, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-051-LR (Secretary of State Filing #14-04-05) on this date at 4:28 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Part 37 Accident Prevention Signs & Tags”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
April 4, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-059-LR (Secretary of State Filing #14-04-06) on this date at 4:30 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Part 33.Personal Protective Equipment”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
April 7, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-075-LR Emergency Rule Extension (Secretary of State Filing #14-04-07E) on this date at 4:00 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Emergency Rule Unused Prescription Drugs Program”.
These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
Introduction of Bills
Rep. Graves introduced
House Bill No. 5478, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 501 (MCL 418.501), as amended by 1993 PA 198.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Graves introduced
House Bill No. 5479, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” (MCL 418.101 to 418.941) by adding section 501a.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Graves introduced
House Bill No. 5480, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” (MCL 418.101 to 418.941) by adding section 538.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Graves introduced
House Bill No. 5481, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 356 (MCL 418.356), as amended by 1994 PA 271.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Graves introduced
House Bill No. 5482, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 391 (MCL 418.391), as amended by 2007 PA 190.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Santana introduced
House Bill No. 5483, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” (MCL 418.101 to 418.941) by adding section 501b.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Santana introduced
House Bill No. 5484, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 515 (MCL 418.515).
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Santana introduced
House Bill No. 5485, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 553 (MCL 418.553).
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Santana introduced
House Bill No. 5486, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 561 (MCL 418.561).
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Phelps, Brunner, Faris, Smiley, Kosowski, Santana and Oakes introduced
House Bill No. 5487, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 551 (MCL 418.551), as amended by 2002 PA 25.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Kosowski and Santana introduced
House Bill No. 5488, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 555 (MCL 418.555).
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Jacobsen introduced
House Bill No. 5489, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 537 (MCL 418.537), as amended by 1992 PA 269.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Foster introduced
House Bill No. 5490, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 541 (MCL 418.541).
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Walsh introduced
House Bill No. 5491, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 1101 (MCL 450.5101), as amended by 2012 PA 310.
The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs.
Rep. Poleski introduced
House Bill No. 5492, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2010 PA 37.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. VerHeulen introduced
House Bill No. 5493, entitled
A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 2 and 6a (MCL 207.212 and 207.216a), section 2 as amended by 2006 PA 346 and section 6a as added by 1996 PA 584.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Announcements by the Clerk
April 23, 2014
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of Homeownership Programs, Michigan State Housing Development Authority, Michigan Strategic Fund, April 2014.
Gary L. Randall
Clerk of the House
Rep. Pettalia moved that the House adjourn.
The motion prevailed, the time being 3:25 p.m.
Associate Speaker Pro Tempore Cotter declared the House adjourned until Wednesday, April 30, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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