<<

No. 85 STATE OF MICHIGAN JOURNAL OF THE of Representatives 97th Legislature REGULAR SESSION OF 2014

House Chamber, Lansing, Wednesday, December 17, 2014.

10:00 a.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—e/d/s 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 2282 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

Rep. Kevin Daley, from the 82nd District, offered the following invocation:

“Heavenly Father as we gather on these final days of this legislative session. Please give us the wisdom to do what is right for the people of this great State. Help us to make the decisions, and to work from both sides of the aisle for what is right and just. Please keep all of those involved in this great establishment in Your sight as we go through this most holy Christmas season. We pray for all of the members who are serving their final days here and those newly elected that will be beginning their service in the New Year. We pray for those that will be continuing here in the House and those that will be moving onto the Senate as well. God please keep them and their families all safe through this holiday season. With that we pray: Our Father, who art in heaven, hallowed be Thy name, Thy kingdom come, Thy will be done, on earth as it is in heaven. Give us this day our daily bread, and forgive us our trespasses, as we forgive those who trespass against us. And lead us not into temptation, but deliver us from evil. (For Thine is the Kingdom, the Power and the Glory forever, in Jesus’ name) Amen.”

Motions and Resolutions

Reps. Nesbitt and Hooker offered the following resolution: House Resolution No. 466. A resolution in support of the Michigan Department of Environmental Quality - Office of Oil, Gas, and Minerals’ application seeking primacy for Class II Underground Injection Control. Whereas, The federal Safe Drinking Water Act requires the regulation of injection wells to ensure that underground injections will not endanger drinking water sources. States may apply to the U.S. Environmental Protection Agency (EPA) to assume primary enforcement authority but must maintain state regulations at least as stringent as federal regulations to receive that authority. Michigan has not received primacy, and the EPA currently regulates injection wells in Michigan; and Whereas, The Michigan Department of Environmental Quality (DEQ) Office of Oil, Gas, and Minerals is seeking primacy for Class II injection wells associated with the oil and gas industry. Under authority granted by the Legislature, the DEQ already regulates the approximately 1,400 Class II wells in Michigan to protect the environment and, more importantly, our citizens’ drinking water; and Whereas, The state of Michigan is well-equipped to meet the responsibilities associated with assuming primacy and has an excellent record of accomplishment in protecting our state’s environment and natural resources. DEQ’s professional geologists and engineers throughout the state have extensive experience in well permitting, construction, operation, plugging, and abandonment and familiarity with our state’s geography and geology as well as cultural, climatic, social, and economic issues; and Whereas, Receiving primacy over the underground injection control program for Class II wells will eliminate an unneces­ sary and duplicative level of regulation for the oil and gas industry. Michigan will be able to join the thirty-three other states that have already received primacy and be able to provide more responsive service and a more efficient regulatory structure while not sacrificing any protections of drinking water; now, therefore, be it Resolved by the House of Representatives, That we support the Michigan Department of Environmental Quality - Office of Oil, Gas, and Minerals’ application seeking primacy for Class II Underground Injection Control and encourage the U.S. Environmental Protection Agency to approve the application expeditiously; and be it further Resolved, That copies of this resolution be transmitted to the Administrator of the U.S. Environmental Protection Agency’s Region 5 and the members of the Michigan congressional delegation. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 467. A resolution of tribute for the Honorable Bill Rogers. Whereas, The members of the House of Representatives extend our thanks and best wishes to Representative Rogers as he completes his tenure with this legislative body. His diligent efforts and high standards have benefited not only his district but our entire state; and Whereas, Bill Rogers’ commitment to public service and civic responsibility has been admirable. He served as a county commissioner for ten years—as chairman for two—and has been affiliated with Habitat for Humanity, Lions Clubs, and local chambers of commerce. He has also served on the Livingston County Drain Board, the Brighton Chamber Foundation Board, the Livingston County Small Business and Technology Development Center Board, the Livingston County Economic Development Council, the Regional Co-Op Group, and Wireless Livingston Project; and No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2283

Whereas, Representative Rogers brought his vast public experience as well as a background in banking and insurance to play as he took a seat on the House Appropriations Committee. During his tenure, he has served with distinction as chair of the subcommittees on School Aid and Education, and vice-chair of the Subcommittee on Energy, Labor, and Eco­nomic Growth. He also made significant contributions to the subcommittees on Corrections, Military and Veterans Affairs, State Police, and General Government; now, therefore, be it Resolved by the House of Representatives, That we offer this expression of gratitude to commend and thank the Honor­ able Bill Rogers for his notable contribution to this legislative body and our entire state; and be it further Resolved, That copies of this resolution be transmitted to Representative Rogers as evidence of our esteem and best wishes. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 468. A resolution of tribute to the Honorable Kate Segal. Whereas, It is with appreciation that we thank Representative Segal for her service to the state and this legislative body. She has worked tirelessly and with passion on behalf of her constituents in the Sixty-second District over the past six years; and Whereas, Kate Segal is a proud alumnus of Kalamazoo College where she received a bachelor’s degree in sociology. Her dedication to public service led her to serve on the Calhoun County Board of Commissioners for six years, two of which were as the board’s chairperson. She also founded and chaired the Calhoun County Health Plan. Her drive to help others and to make a difference in her community led her to travel to Lansing and work as a democratic policy analyst; and Whereas, The residents of Calhoun County elected her as their state representative in 2008. For six years, she has brought her insight and knowledge to innumerable committees, including Agriculture, Urban Policy, Michigan Competi­ tive­ness, and as a vice-chair for the Insurance and Health Policy committees. Recognizing her leadership skills, her colleagues selected her to be the House Minority Floor Leader for the 2011-2012 legislative session. Outside groups have also taken note of Representative Segal’s abilities. She has been applauded by several organizations, including the Michigan National Guard. In 2013, it awarded her the Distinguished Service Medal, the highest civilian award bestowed, for her efforts to save the Michigan Youth Challenge Academy; now, therefore, be it Resolved by the House of Representatives, That we commend and thank Representative Kate Segal for her service in this legislative body; and be it further Resolved, That copies of this resolution be transmitted to Representative Segal as evidence of our appreciation and best wishes. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 469. A resolution of tribute for the Honorable Mike Shirkey. Whereas, It is most appropriate to recognize the service of Representative Mike Shirkey to the Sixty-fifth District and the entire state as he leaves the Michigan House of Representatives. Over the past four years, he has tirelessly addressed the issues that are most important to the future of our state; and Whereas, Mike Shirkey earned a bachelor’s degree from the General Motors Institute and a Master of Science in mech­anical engineering from the University of Wisconsin. After working as an engineer and manager at General Motors for years, he started his own company, Orbitform. The experiences he gained while turning Orbitform into a world-class prototype engineering company stirred a desire in him to affect a change in public policy. He served on the Columbia Central School Board and chaired the board of the Allegiance Health System; and Whereas, Upon his election to the Michigan House of Representatives in 2010, Mike Shirkey brought his analytical and leadership skills to Lansing. Recognizing his ability to ask probing questions and separate fact from fiction, he was appointed to serve on important policy committees, such as the Energy and Technology Committee and the Health Policy Committee. He was also appointed chair of the Michigan Competitiveness Committee. Representative Shirkey has authored new laws in the areas of campaign finance, natural resources, tax, public utilities, and children; now, therefore, be it Resolved by the House of Representatives, That we offer this expression of our gratitude to the Honorable Mike Shirkey as he says good-bye to this legislative body; and be it further Resolved, That copies of this resolution be transmitted to Representative Shirkey as evidence of our esteem and best wishes. The question being on the adoption of the resolution, The resolution was adopted. 2284 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 470. A resolution of tribute for the Honorable Dian Slavens. Whereas, It is with great appreciation for her service to the people of Michigan that the members of this legislative body join together in expressing our appreciation to Representative Dian Slavens. As she concludes her service in the Michigan House of Representatives, we commend her for her dedication and resolve to address the great issues of concern to the citizens of this state; and Whereas, Dian Slavens is a graduate from Oakland Community College where she earned a degree in respiratory therapy. Prior to her career in the Legislature, she had a distinguished 20-year career as a respiratory therapist. She also con­tri­buted her professional expertise to the American Association of Respiratory Therapists and the Michigan Society of Respiratory Therapists. Additionally, she has served as a volunteer with numerous organizations, including Friends of Fischer Library, Friends of Canton Library, the Canton Chamber of Commerce, and the Bellville Chamber of Commerce; and Whereas, Representative Slavens first won election in 2008 and was re-elected in 2010 and 2012. Her background as a health care professional gave her insight into matters concerning the needs of others and contributed to her work on the Families, Children, and Seniors Committee and the Military and Veterans Affairs Committee. Representative Slavens energy and commitment to her district and the state have set an example for others to follow; now, therefore, be it Resolved by the House of Representatives, That we honor Representative Dian Slavens as she concludes her service in the Michigan House of Representatives; and be it further Resolved, That copies of this resolution be transmitted to Representative Slavens as evidence of our esteem. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 471. A resolution of tribute for the Honorable Thomas F. Stallworth III. Whereas, Coming from a Detroit family with a long tradition of public service, Thomas Stallworth has had a passion for the political forum since he was a student when he began a lifelong commitment to social and economic justice issues; and Whereas, Representative Stallworth brought his extensive experience in leadership positions in city government, public utilities, and nonprofit organizations to the Michigan Legislature in 2011 and ably served as chair of the Michigan Legislative Black Caucus, the Detroit Caucus, and on the House Democratic Leadership Team. His dedication and leadership are greatly appreciated; and Whereas, Serving as minority vice-chair on the House Energy and Technology Committee as well as the Health Policy and Education committees, Representative Stallworth has championed student support services, lead poisoning prevention, energy affordability, and access to health care for uninsured Michigan citizens. He worked diligently to aid the Seventh District community and fostered neighborhood stabilization, youth violence prevention, and employment opportunities; now, therefore, be it Resolved by the House of Representatives, That we offer this resolution as an expression of our gratitude to the Honor­ able Thomas F. Stallworth III for his many contributions and commitment to the people of Michigan; and be it further Resolved, That copies of this resolution be transmitted to Representative Stallworth as a token of our esteem and best wishes. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 472. A resolution of tribute for the Honorable Woodrow Stanley. Whereas, As he brings his tenure with the Michigan House of Representatives to a close, the members of this legisla­tive body are honored to laud the career and contributions of the Honorable Woodrow Stanley. In his six years of service to this chamber, Representative Stanley has exhibited great commitment and dedication to his constituents in the Thirty-fourth District as well as the entire citizenry of this state; and Whereas, Representative Stanley joined the House of Representatives in 2009 a seasoned public servant and long-standing leader from the city of Flint. A graduate of Mott Community College and the University of Michigan-Flint, his career in public service began in 1983 with his appointment as the city’s 2nd ward councilman, where he served until his election as mayor in 1991. For the next eighteen years, first as mayor and later on the Genesee County Board of Commissioners, he championed economic development initiatives, new residential housing projects, and urban investment planning. Representative Stanley’s distinguished career also includes tenures as president of the Michigan Municipal League and Michigan Association of Mayors as well as chair of the National League of Cities Advisory Council; and No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2285

Whereas, In his three terms as a state legislator, Representative Stanley has been a vocal advocate of initiatives that positively influence the lives of everyday Michiganders. He worked to provide property tax relief through residential property tax abatements and spearheaded legislation that helped protect Michigan’s natural resources. He was also a cham­ pion of automobile insurance reform and hate crime legislation and has been a strong supporter of legislation that would allow all citizens to vote using absentee ballots, regardless of reason. Representative Stanley’s voice in this chamber will be missed; now, therefore, be it Resolved by the House of Representatives, That for his years of service and commitment to the communities and citizens of the Great Lakes state, we extend our gratitude to the Honorable Woodrow Stanley as he concludes his service to this legislative body; and be it further Resolved, That copies of this resolution be transmitted to Representative Stanley as evidence of our gratitude and best wishes for his future endeavors. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 473. A resolution of tribute for the Honorable Jon M. Switalski. Whereas, The members of this chamber duly honor and thank Representative Switalski for his commitment and service to the Legislature. He steadfastly performed his duties for residents of Warren and surrounding areas, as well as for citizens across Michigan, in his efforts to craft legislation to advance the state forward; and Whereas, Previous to serving in the Legislature, Jon Switalski attained a bachelor’s degree in political science from Grand Valley State University and worked as a public servant. He completed two terms as a member of the Macomb County Board of Commissioners and then worked on the staff of former U.S. Representative David E. Bonior. He also worked at the Service Employees International Union as an advocate for health workers. In 2008, he was elected to the House of Representatives for the first time; and Whereas, Having served for six years, Representative Switalski demonstrated a commitment to improving the state. He has served as minority vice-chair of the Commerce Committee and on the Tax Policy Committee. Over his tenure in the Legislature, he has worked on a wide array of legislation and issues including fiscal policy, energy, the environment, economic development, public safety, and transportation. He has also been a strong advocate for the working and middle classes; now, therefore, be it Resolved by the House of Representatives, That we extend recognition to the Honorable Jon M. Switalski and thank him for serving this legislative body and the whole state; and be it further Resolved, That copies of this resolution be transmitted to Representative Switalski as evidence of our gratitude and best wishes for his future endeavors. The question being on the adoption of the resolution, The resolution was adopted.

The Speaker, on behalf of the entire membership of the House of Representatives offered the following resolution: House Resolution No. 474. A resolution of tribute for the Honorable Rashida H. Tlaib. Whereas, The members of the Michigan House of Representatives congratulate Representative Tlaib on her six years of service to this body and the state. As the first female Muslim elected to the Michigan Legislature and only the second in the country, she always understood the importance of improving the lives of people in her district and across Michigan with strong advocacy for her community; and Whereas, Representative Tlaib’s commitment to justice is unsurpassed. She has established a fully-staffed neighborhood service center to assist low-income families by providing direct advocacy and services. She has pursued scrap metal thieves, challenged ineffective politicians, and stood against corporate interests that threaten her community; and Whereas, While in the House of Representatives, Rashida Tlaib served as minority vice-chair of the Appropriations Committee and for several appropriations subcommittees. She has worked on more than 30 bills combatting poverty, increasing access to human services, and protecting public health and safety, consumers, and the environment. She has been recognized for her leadership and received numerous awards, including the Role Model Award from Alternatives for Girls, the Emerging Leader Award from the National Network for Arab American Communities, the Women of Wayne Headliners Award, the Council on American-Islamic Relations Michigan’s Empowering Muslims Award, and the Clean Water Hero Award from Clean Water Action; now, therefore, be it Resolved by the House of Representatives, That we offer this expression of gratitude to commend and thank the Honorable Rashida H. Tlaib for her notable contribution to this legislative body and our entire state; and be it further Resolved, That copies of this resolution be transmitted to Representative Tlaib as evidence of our esteem and best wishes. The question being on the adoption of the resolution, The resolution was adopted. 2286 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 475. A resolution of tribute for the Honorable Dale W. Zorn. Whereas, It is with great appreciation for his hard work and dedication to the Michigan House of Representatives and citizens of the Fifty-sixth District that we salute Dale W. Zorn upon the completion of his service to this chamber. In these four years, his sense of commitment and effort have benefited not only his Monroe County constituents but the whole of our state’s citizenry; and Whereas, Representative Zorn joined the Legislature in 2011 bringing with him an entrepreneurial spirit and decades of public service experience, first as a constable and later as a leader in county government. As a Monroe County com­ missioner, a capacity he served in for two decades, he was a tireless champion of economic development, reorganizing his local economic development corporation and establishing a county program to help spur growth in new and existing area businesses. Representative Zorn is also an active member of his community, lending a hand on several local projects and parades. These experiences were vital in understanding the needs of the everyday Michigan citizen; and Whereas, In his two terms of service as a state legislator, particularly as Assistant Majority Whip, Representative Zorn was a strong advocate for children and victims of crimes, working to increase penalties for cyberbullying and sex trafficking. Seeking a commonsense solution to limiting public assistance monies from being pulled away from essential needs, like rent, utilities, and clothing, Representative Zorn spearheaded legislation that prohibits cash benefits from being withdrawn from ATMs at casinos, casino enterprises, liquor stores, and adult entertainment establishments. He also raised the income requirements for low- and moderate-income families to receive state rehabilitation loans for their property, helping to revitalize Michigan neighborhoods; now, therefore, be it Resolved by the House of Representatives, That we offer this tribute to commend and thank the Honorable Dale W. Zorn for his notable contributions to this legislative body and wish him the best as a member of the state Senate; and be it further Resolved, That copies of this resolution be transmitted to Representative Zorn as evidence of our esteem and best wishes. The question being on the adoption of the resolution, The resolution was adopted.

Rep. Singh offered the following resolution: House Resolution No. 476. A resolution to amend the Standing Rules of the House of Representatives. Resolved by the House of Representatives, That Rule 2 of the Standing Rules of the House of Representatives is hereby amended to read as follows: “Admission to Floor—Defined. Rule 2. (1) No person shall be admitted on the floor of the House for a period of 30 minutes immediately preceding the time set for any call to order during any session of the House through adjournment, except as follows: (a) Representatives and Senators; (b) Former Legislators, unless otherwise restricted; (c) Sergeants at arms, pages, Clerk’s staff, and legislative staff who are specifically designated and approved by the Majority Floor Leader to be working on the House floor during session; (d) Directors of Michigan Departments and the Governor’s legislative liaisons shall be admitted to the Thatcher or Document room and may have floor access with the permission of the Majority Floor Leader; (e) Immediate family of Representatives who have obtained and are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Majority Floor Leader; (f) Media correspondents accredited by the Clerk of the House who are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Clerk. Media correspondents shall not use the center aisle or be at the Members’ desks during roll call votes; and (g) Such other persons as may be invited by the Speaker or Majority Floor Leader. (2) No group or individual shall be allowed access to the floor when the House is not in session unless permission is granted by the Majority Floor Leader or Clerk. The Majority Floor Leader and Clerk shall issue guidelines to ensure that guests using the floor are responsible for costs incurred by the House. If permission is given to a Member to bring guests on the floor when the House is not in session, the Member shall accompany the guests. (3) Only Members shall sit in Members’ chairs. (4) Any person who is a lobbyist or employed by a lobbyist shall not be admitted on the floor of the House at any time, except if admitted UNDER RULE 2(1)(E) ON THE FIRST SESSION DAY OF AN ODD-NUMBERED YEAR OR under rule 2(1)(d). A former Legislator OR IMMEDIATE FAMILY OF REPRESENTATIVES shall not lobby on the floor, except if they are admitted under rule 2(1)(d). The words “floor of the House,” when used in these rules, shall mean the space of the main floor of Representative Hall, together with adjacent rooms on the second floor of the Capitol under the jurisdiction of the Clerk, including the Democrat and Republican caucus rooms and the corridor behind the House rostrum. No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2287

(5) Guests may be introduced only by permission of the Presiding Officer. Guests shall not be introduced during a roll call vote. Guests are to use the center aisle only if being escorted by a Member or House staff. (6) Use of the center aisle should be kept at a minimum. (7) The Majority Floor Leader must grant approval for the distribution of items on the floor and items must pertain to that day’s agenda. All printed material intended for distribution on the floor shall be clearly identified by the Member requesting the distribution.”. The question being on the adoption of the resolution,

Rep. Stamas moved that consideration of the resolution be postponed for the day. The motion prevailed.

Third Reading of Bills

Senate Bill No. 1099, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 94. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 683 Yeas—108

Abed Genetski Lane Roberts Banks Glardon Lauwers Robinson Barnett Goike LaVoy Rogers Bolger Graves Leonard Rutledge Brinks Greimel Lipton Santana Brown Haines Lori Schmidt Brunner Haugh Lund Schor Bumstead Haveman Lyons Segal Callton Heise MacGregor Shirkey Cavanagh Hobbs MacMaster Singh Clemente Hooker McBroom Slavens Cochran Hovey-Wright McCann Smiley Cotter Howrylak McCready Somerville Crawford Irwin McMillin Stallworth Daley Jacobsen Muxlow Stamas Darany Jenkins Nesbitt Stanley Denby Johnson O’Brien Switalski Dianda Kandrevas Oakes Talabi Dillon Kelly Outman Tlaib Driskell Kesto Pagel Townsend Durhal Kivela Pettalia VerHeulen Faris Knezek Phelps Victory Farrington Kosowski Poleski Walsh Forlini Kowall Potvin Yanez Foster Kurtz Price Yonker Franz LaFontaine Pscholka Zemke Geiss Lamonte Rendon Zorn

Nays—0

In The Chair: Bolger 2288 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” The House agreed to the full title.

______

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

By unanimous consent the House returned to the order of Messages from the Senate

The Speaker laid before the House House Bill No. 4442, 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. (The bill was received from the Senate on December 16, 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. 84, p. 2274.) The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 684 Yeas—80

Abed Glardon LaVoy Schmidt Banks Greimel Lipton Schor Barnett Haugh Lori Segal Bolger Heise Lund Shirkey Brinks Hobbs McCann Singh Brown Hovey-Wright McCready Slavens Brunner Irwin Muxlow Smiley Callton Jacobsen Nesbitt Stallworth Cavanagh Jenkins O’Brien Stanley Clemente Johnson Oakes Switalski Cochran Kandrevas Pagel Talabi Daley Kesto Phelps Tlaib Darany Kivela Poleski Townsend Denby Knezek Price VerHeulen Dillon Kosowski Pscholka Victory Driskell Kurtz Roberts Walsh Durhal LaFontaine Robinson Yanez Faris Lamonte Rogers Yonker Forlini Lane Rutledge Zemke Geiss Lauwers Santana Zorn

Nays—28

Bumstead Genetski Kelly McMillin Cotter Goike Kowall Outman Crawford Graves Leonard Pettalia Dianda Haines Lyons Potvin No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2289

Farrington Haveman MacGregor Rendon Foster Hooker MacMaster Somerville Franz Howrylak McBroom Stamas

In The Chair: O’Brien

The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House House Bill No. 4814, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1076. (The bill was received from the Senate on December 16, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 84, p. 2275.) The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 685 Yeas—108

Abed Genetski Lane Roberts Banks Glardon Lauwers Robinson Barnett Goike LaVoy Rogers Bolger Graves Leonard Rutledge Brinks Greimel Lipton Santana Brown Haines Lori Schmidt Brunner Haugh Lund Schor Bumstead Haveman Lyons Segal Callton Heise MacGregor Shirkey Cavanagh Hobbs MacMaster Singh Clemente Hooker McBroom Slavens Cochran Hovey-Wright McCann Smiley Cotter Howrylak McCready Somerville Crawford Irwin McMillin Stallworth Daley Jacobsen Muxlow Stamas Darany Jenkins Nesbitt Stanley Denby Johnson O’Brien Switalski Dianda Kandrevas Oakes Talabi Dillon Kelly Outman Tlaib Driskell Kesto Pagel Townsend Durhal Kivela Pettalia VerHeulen Faris Knezek Phelps Victory Farrington Kosowski Poleski Walsh Forlini Kowall Potvin Yanez Foster Kurtz Price Yonker Franz LaFontaine Pscholka Zemke Geiss Lamonte Rendon Zorn

Nays—0

In The Chair: O’Brien

The House agreed to the title as amended. The bill was referred to the Clerk for enrollment printing and presentation to the Governor. 2290 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

The Speaker laid before the House 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 1062. (The bill was received from the Senate on December 16, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 84, p. 2275.) The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 686 Yeas—108

Abed Genetski Lane Roberts Banks Glardon Lauwers Robinson Barnett Goike LaVoy Rogers Bolger Graves Leonard Rutledge Brinks Greimel Lipton Santana Brown Haines Lori Schmidt Brunner Haugh Lund Schor Bumstead Haveman Lyons Segal Callton Heise MacGregor Shirkey Cavanagh Hobbs MacMaster Singh Clemente Hooker McBroom Slavens Cochran Hovey-Wright McCann Smiley Cotter Howrylak McCready Somerville Crawford Irwin McMillin Stallworth Daley Jacobsen Muxlow Stamas Darany Jenkins Nesbitt Stanley Denby Johnson O’Brien Switalski Dianda Kandrevas Oakes Talabi Dillon Kelly Outman Tlaib Driskell Kesto Pagel Townsend Durhal Kivela Pettalia VerHeulen Faris Knezek Phelps Victory Farrington Kosowski Poleski Walsh Forlini Kowall Potvin Yanez Foster Kurtz Price Yonker Franz LaFontaine Pscholka Zemke Geiss Lamonte Rendon Zorn

Nays—0

In The Chair: O’Brien

The House agreed to the title as amended. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

______

Rep. Nathan entered the House Chambers.

The Speaker laid before the House House Bill No. 5543, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 81. No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2291

(The bill was received from the Senate on December 16, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 84, p. 2276.) The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 687 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: O’Brien

The House agreed to the title as amended. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House House Bill No. 5091, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 234e (MCL 750.234e), as added by 1990 PA 321. (The bill was received from the Senate on December 16, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 84, p. 2275.) The question being on concurring in the amendment made to the bill by the Senate, The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows: 2292 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

Roll Call No. 688 Yeas—104

Abed Geiss Lane Pscholka Banks Genetski Lauwers Rendon Barnett Glardon LaVoy Roberts Bolger Goike Leonard Robinson Brinks Graves Lipton Rogers Brown Greimel Lori Rutledge Brunner Haines Lund Santana Bumstead Haugh Lyons Schmidt Callton Haveman MacGregor Segal Cavanagh Heise MacMaster Shirkey Clemente Hobbs McBroom Singh Cochran Hooker McCann Slavens Cotter Howrylak McCready Smiley Crawford Irwin McMillin Somerville Daley Jacobsen Muxlow Stallworth Darany Jenkins Nathan Stamas Denby Johnson Nesbitt Switalski Dianda Kandrevas O’Brien Talabi Dillon Kelly Oakes Tlaib Driskell Kesto Outman VerHeulen Durhal Kivela Pagel Victory Faris Knezek Pettalia Walsh Farrington Kosowski Phelps Yanez Forlini Kowall Poleski Yonker Foster Kurtz Potvin Zemke Franz LaFontaine Price Zorn

Nays—5

Hovey-Wright Schor Stanley Townsend Lamonte

In The Chair: O’Brien

The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

By unanimous consent the House returned to the order of Motions and Resolutions

Rep. Lyons moved to vacate the enrollment of House Bill No. 4649. The motion prevailed.

Messages from the Senate

The Speaker laid before the House House Bill No. 5226, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2012 PA 65. No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2293

(The bill was received from the Senate on December 16, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 84, p. 2275.) The question being on concurring in the amendments made to the bill by the Senate, The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 689 Yeas—105

Abed Glardon Lane Pscholka Banks Goike Lauwers Rendon Bolger Graves LaVoy Rogers Brinks Greimel Leonard Rutledge Brown Haines Lipton Schmidt Brunner Haugh Lori Schor Bumstead Haveman Lund Segal Callton Heise Lyons Shirkey Cavanagh Hobbs MacGregor Singh Clemente Hooker MacMaster Slavens Cochran Hovey-Wright McBroom Smiley Cotter Howrylak McCann Somerville Crawford Irwin McCready Stallworth Daley Jacobsen McMillin Stamas Darany Jenkins Muxlow Stanley Denby Johnson Nathan Switalski Dianda Kandrevas Nesbitt Talabi Dillon Kelly O’Brien Tlaib Driskell Kesto Oakes Townsend Durhal Kivela Outman VerHeulen Faris Knezek Pagel Victory Farrington Kosowski Pettalia Walsh Forlini Kowall Phelps Yanez Foster Kurtz Poleski Yonker Franz LaFontaine Potvin Zemke Geiss Lamonte Price Zorn Genetski

Nays—4

Barnett Roberts Robinson Santana

In The Chair: O’Brien

The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Senate requested the return of House Bill No. 4649, entitled A bill to amend 1994 PA 203, entitled “An act to establish certain standards for foster care and adoption services for children and their families; and to prescribe powers and duties of certain state agencies and departments and adoption facilitators,” by amending section 3 (MCL 722.953) and by adding section 8a. (The bill was enrolled on December 16, see House Journal No. 84, p. 2272 and enrollment vacated, see today’s Journal p. 2292.) Rep. Lyons moved that the request of the Senate be granted. The motion prevailed. 2294 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

The Speaker laid before the House House Bill No. 5794, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3238 and 3241a (MCL 600.3238 and 600.3241a), section 3238 as added by 2014 PA 125 and section 3241a as amended by 2006 PA 579. (The bill was received from the Senate on December 16, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 84, p. 2276.) The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 690 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: O’Brien

The House agreed to the title as amended. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House House Bill No. 4650, entitled A bill to amend 1994 PA 204, entitled “The children’s ombudsman act,” by amending sections 2, 5a, and 6 (MCL 722.922, 722.925a, and 722.926), section 2 as amended by 2004 PA 560 and sections 5a and 6 as amended by 2013 PA 38. (The bill was received from the Senate on December 16, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 84, p. 2275.) The question being on concurring in the substitute (S-1) made to the bill by the Senate, No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2295

Rep. Glardon moved to substitute (H-3) the Senate substitute (S-1). The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor. The question being on concurring in the substitute (S-1) made to the bill by the Senate, The substitute (S-1), as substituted (H-3), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 691 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: O’Brien

The House agreed to the title as amended.

The Speaker laid before the House House Bill No. 4576, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 102 (MCL 500.102), as amended by 2000 PA 252, and by adding chapter 12A. (The bill was received from the Senate on December 16, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 84, p. 2274.) The question being on concurring in the substitute (S-2) made to the bill by the Senate,

Rep. Crawford moved to amend the Senate substitute (S-2) as follows: 1. Amend page 2, line 16, after “CERTIFIED” by inserting “AS A CERTIFIED APPLICATION COUNSELOR”. 2296 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

2. Amend page 2, following line 18, by inserting: “(F) “CERTIFIED NAVIGATOR” MEANS A PERSON THAT IS CERTIFIED AS A NAVIGATOR UNDER THIS CHAPTER.” and relettering the remaining subdivisions. 3. Amend page 3, line 17, after “(1)” by striking out “AN” and inserting “BEGINNING JUNE 30, 2015, AN”. 4. Amend page 3, line 17, after “NAVIGATOR” by striking out the balance of the line through “COUNSELOR” on line 18. 5. Amend page 3, line 19, after “SECTION” by striking out “1263” and inserting “1263(1)”. 6. Amend page 3, line 20, after “NAVIGATOR” by striking out the balance of the line and inserting a period. 7. Amend page 3, line 21, after “CERTIFIED” by inserting “AS A NAVIGATOR”. 8. Amend page 3, line 23, after “A” by striking out “CERTIFICATE HOLDER” and inserting “CERTIFIED NAVIGATOR”. 9. Amend page 4, line 14, after “A” by striking out “CERTIFICATE HOLDER” and inserting “CERTIFIED NAVIGATOR”. 10. Amend page 4, line 22, by striking out “AND CERTIFIED APPLICATION COUNSELORS”. 11. Amend page 5, following line 20, by inserting: “SEC. 1262A. (1) AN INDIVIDUAL SHALL NOT ACT AS A CERTIFIED APPLICATION COUNSELOR UNLESS HE OR SHE HAS FILED AN APPLICATION UNDER SECTION 1263(2) AND IS CERTIFIED WITH THIS STATE AS A CERTIFIED APPLICATION COUNSELOR. (2) UNLESS CERTIFIED AS A CERTIFIED APPLICATION COUNSELOR, AN INDIVIDUAL SHALL NOT RECEIVE FUNDING FROM AN EXCHANGE. (3) SUBJECT TO THE AFFORDABLE CARE ACT, A CERTIFIED APPLICATION COUNSELOR MAY DO ALL OF THE FOLLOWING: (A) CONDUCT PUBLIC EDUCATION ACTIVITIES TO RAISE AWARENESS OF THE AVAILABILITY OF QUALIFIED HEALTH PLANS. (B) DISTRIBUTE FAIR AND IMPARTIAL INFORMATION ABOUT ALL QUALIFIED HEALTH PLANS OFFERED WITHIN THE EXCHANGE AND THE AVAILABILITY OF THE PREMIUM TAX CREDITS UNDER SECTION 36B OF THE INTERNAL REVENUE CODE OF 1986, 26 USC 36B, AND COST-SHARING REDUCTION UNDER SECTION 1402 OF THE AFFORDABLE CARE ACT. (C) ASSIST INDIVIDUALS APPLYING FOR COVERAGE IN A QUALIFIED HEALTH PLAN. (D) FACILITATE SELECTION OF ELIGIBLE INDIVIDUALS IN A QUALIFIED HEALTH PLAN. (E) PROVIDE INFORMATION IN A MANNER THAT IS CULTURALLY AND LINGUISTICALLY APPROPRIATE TO THE NEEDS OF THE POPULATION SERVED BY THE EXCHANGE. (F) REFER AN INDIVIDUAL WITH LIMITED ENGLISH PROFICIENCY TO A NAVIGATOR, INSURANCE PRODUCER, OR OTHER SOURCE OF ASSISTANCE. (4) A CERTIFIED APPLICATION COUNSELOR SHALL NOT DO ANY OF THE FOLLOWING: (A) SELL, SOLICIT, OR NEGOTIATE HEALTH INSURANCE. (B) RECOMMEND A PARTICULAR QUALIFIED HEALTH BENEFIT PLAN. (C) PROVIDE ANY INFORMATION OR SERVICES RELATED TO INSURANCE REGULATED UNDER THIS ACT OTHER THAN QUALIFIED HEALTH BENEFIT PLANS OR OTHER PRODUCTS OFFERED IN THE EXCHANGE. (5) BEFORE PROVIDING SERVICES TO OR ACTING FOR AN INDIVIDUAL UNDER SUBSECTION (3), A CERTIFIED APPLICATION COUNSELOR SHALL DISCLOSE ANY POTENTIAL CONFLICT OF INTEREST TO THE INDIVIDUAL.”. 12. Amend page 5, line 21, after “A” by inserting “NAVIGATOR”. 13. Amend page 5, line 24, after the first “THE” by inserting “NAVIGATOR”. 14. Amend page 5, line 26, after “A” by inserting “NAVIGATOR”. 15. Amend page 6, following line 11, by inserting: “(2) AN INDIVIDUAL APPLYING FOR A CERTIFIED APPLICATION COUNSELOR CERTIFICATE SHALL FILE WITH THE DIRECTOR THE UNIFORM APPLICATION REQUIRED BY THE DIRECTOR AND SHALL DECLARE UNDER PENALTY OF REFUSAL, SUSPENSION, OR REVOCATION OF THE CERTIFIED APPLICATION COUNSELOR CERTIFICATE THAT THE STATEMENTS MADE IN THE APPLICATION ARE TRUE, CORRECT, AND COMPLETE TO THE BEST OF THE INDIVIDUAL’S KNOWLEDGE AND BELIEF. AN APPLICATION FOR A CERTIFIED APPLICATION COUNSELOR CERTIFICATE SHALL NOT BE APPROVED UNLESS THE DIRECTOR FINDS THAT THE INDIVIDUAL MEETS ALL OF THE FOLLOWING CRITERIA: (A) IS AT LEAST 18 YEARS OF AGE. (B) HAS NOT COMMITTED AN ACT LISTED THAT WOULD BE A GROUND FOR DENIAL, SUSPENSION, OR REVOCATION OF AN INSURANCE PRODUCER’S LICENSE IN SECTION 1239(1). No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2297

(C) HAS COMPLETED THE ENTIRE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES TRAINING FOR CERTIFIED APPLICATION COUNSELORS, HAS SUCCESSFULLY COMPLETED ALL TESTING, AND HAS RECEIVED CERTIFICATION AS A CERTIFIED APPLICATION COUNSELOR FROM THE FEDERAL GOVERNMENT. (D) HAS PAID THE FEES REQUIRED BY THE DIRECTOR. (E) HAS SUCCESSFULLY COMPLETED A CRIMINAL HISTORY CHECK USING THE DEPARTMENT OF STATE POLICE’S INTERNET CRIMINAL HISTORY ACCESS TOOL (ICHAT). (3) IF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES DISCONTINUES THE TRAINING AND TESTING PROGRAM FOR CERTIFIED APPLICATION COUNSELORS, THE DIRECTOR SHALL CREATE A TRAINING AND TESTING PROGRAM FOR CERTIFIED APPLICATION COUNSELORS REGARDING QUALIFIED HEALTH PLAN OPTIONS, INSURANCE AFFORDABILITY PROGRAMS, ELIGIBILITY, AND BENEFIT RULES, AND REGULATIONS GOVERNING ALL INSURANCE AFFORDABILITY PROGRAMS OPERATED IN THIS STATE.” and renumbering the remaining subsections. The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor. The question being on concurring in the substitute (S-2) made to the bill by the Senate, The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 692 Yeas—102

Abed Geiss Lane Price Banks Genetski Lauwers Pscholka Barnett Glardon LaVoy Rendon Bolger Graves Leonard Roberts Brinks Greimel Lipton Rogers Brown Haines Lori Rutledge Brunner Haugh Lund Santana Bumstead Haveman Lyons Schmidt Callton Heise MacGregor Segal Cavanagh Hobbs MacMaster Shirkey Clemente Hooker McBroom Slavens Cochran Hovey-Wright McCann Smiley Cotter Howrylak McCready Somerville Crawford Jacobsen McMillin Stallworth Daley Jenkins Muxlow Stamas Darany Johnson Nathan Stanley Denby Kandrevas Nesbitt Switalski Dianda Kelly O’Brien Talabi Dillon Kesto Oakes Tlaib Driskell Kivela Outman Townsend Durhal Knezek Pagel VerHeulen Faris Kosowski Pettalia Victory Farrington Kowall Phelps Walsh Forlini Kurtz Poleski Yonker Foster LaFontaine Potvin Zorn Franz Lamonte

Nays—7

Goike Robinson Singh Zemke Irwin Schor Yanez

In The Chair: O’Brien

The House agreed to the full title. 2298 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

Third Reading of Bills

Senate Bill No. 1011, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106 (MCL 400.106), as amended by 2013 PA 107, and by adding section 106b. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 693 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: O’Brien

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” The House agreed to the full title. No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2299

Rep. Stamas moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.

______

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

By unanimous consent the House returned to the order of Reports of Standing Committees

The Committee on Education, by Rep. Lyons, Chair, reported Senate Bill No. 80, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 18 (MCL 388.1618), as amended by 2012 PA 201. 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, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price, Yonker, Lipton, Knezek, Brinks, Lamonte and Abed Nays: None

The Committee on Education, by Rep. Lyons, Chair, reported Senate Bill No. 81, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1254 and 1814 (MCL 380.1254 and 380.1814), section 1254 as amended by 1995 PA 289 and section 1814 as added by 2004 PA 417. 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, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price, Yonker, Lipton, Knezek, Brinks, Lamonte and Abed Nays: None

The Committee on Education, by Rep. Lyons, Chair, reported Senate Bill No. 492, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1147 (MCL 380.1147), as amended by 2012 PA 198. 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, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price, Yonker, Lipton, Knezek, Brinks, Lamonte and Abed Nays: None 2300 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

The Committee on Education, by Rep. Lyons, Chair, reported Senate Bill No. 1142, entitled A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 19 (MCL 29.19), as amended by 2014 PA 12, and by adding section 19a. 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, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price, Yonker, Lipton, Knezek, Brinks, Lamonte and Abed Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lyons, Chair, of the Committee on Education, was received and read: Meeting held on: Wednesday, December 17, 2014 Present: Reps. Lyons, Franz, Crawford, Daley, Genetski, Lund, McMillin, Hooker, Jacobsen, Price, Yonker, Lipton, Knezek, Brinks, Lamonte and Abed Absent: Rep. Stallworth Excused: Rep. Stallworth

Second Reading of Bills

Senate Bill No. 795, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 41305 (MCL 324.41305), as amended by 2009 PA 52, and by adding section 41310. The bill was read a second time.

Rep. LaFontaine 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. Stamas moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed.

Senate Bill No. 952, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1220. The bill was read a second time.

Rep. MacGregor moved to amend the bill as follows: 1. Amend page 4, line 13, after “(3)” by inserting “THE FOLLOWING REPORTING REQUIREMENTS APPLY: (A)”. 2. Amend page 5, following line 5, by inserting: “(B) NOT LATER THAN MARCH 1 OF EACH YEAR, THE STATE TREASURER SHALL PREPARE A REPORT OF SCHOOL DISTRICTS, INTERMEDIATE SCHOOL DISTRICTS, AND PUBLIC SCHOOL ACADEMIES THAT WERE SUBJECT TO PERIODIC FINANCIAL STATUS REPORTS IN THE IMMEDIATELY PRECEDING FISCAL YEAR OR REQUIRED TO SUBMIT AN ENHANCED DEFICIT ELIMINATION PLAN IN THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, AND THE PROGRESS MADE IN ADHERING TO THAT PLAN, AND SUBMIT THE REPORT TO THE STANDING COMMITTEES OF THE LEGISLATURE RESPONSIBLE FOR K-12 EDUCATION LEGISLATION, THE APPROPRIATIONS SUBCOMMITTEES OF THE LEGISLATURE RESPONSIBLE FOR K-12 SCHOOL AID APPROPRIATIONS, THE HOUSE AND SENATE FISCAL AGENCIES, THE DEPARTMENT, AND THE STATE BUDGET DIRECTOR. THE STATE TREASURER ALSO SHALL SUBMIT QUARTERLY INTERIM REPORTS CONCERNING SCHOOL DISTRICTS, INTERMEDIATE SCHOOL DISTRICTS, AND PUBLIC SCHOOL ACADEMIES THAT ARE No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2301

SUBJECT TO PERIODIC FINANCIAL STATUS REPORTS OR ARE UNDER AN ENHANCED DEFICIT ELIMINATION PLAN TO THE STANDING COMMITTEES OF THE LEGISLATURE RESPONSIBLE FOR K-12 EDUCATION LEGISLATION, THE APPROPRIATIONS SUBCOMMITTEES OF THE LEGISLATURE RESPONSIBLE FOR SCHOOL AID APPROPRIATIONS, THE HOUSE AND SENATE FISCAL AGENCIES, THE DEPARTMENT, AND THE STATE BUDGET DIRECTOR. ON A QUARTERLY BASIS, THE STATE TREASURER SHALL PUBLICLY PRESENT THOSE QUARTERLY INTERIM REPORTS TO THE APPROPRIATIONS SUBCOMMITTEES OF THE LEGISLATURE RESPONSIBLE FOR K-12 SCHOOL AID APPROPRIATIONS.”. The question being on the adoption of the amendments offered by Rep. MacGregor,

Rep. Stamas moved that consideration of the bill be postponed temporarily. The motion prevailed.

Senate Bill No. 978, entitled A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 2012 PA 287. The bill was read a second time.

Rep. Stamas moved that consideration of the bill be postponed temporarily. The motion prevailed.

______

The Speaker resumed the Chair.

Comments and Recommendations

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

Rep. Haveman: “When planning these comments, I set 3 fundamental rules for myself. I will not discuss the inner of music any dead jazz artist, I will not mention Lisa Lyons electricity, and I will not pull a Fred Durhal. I like to tell people that this is something I’ve wanted to do since I was a child. What I didn’t know was how much I would love it. Many of us come here with warnings from back home to not let Lansing change us. How can it not. After 6 years I had better not be the same person I was in 2008. You can’t work day in and day out with staff, other elected officials, employees, lobbyists without being changed. And frankly, I’d like to believe we’ve changed for the better. I believe that all of you have helped me grow. I remember that first month as a freshman when the lobbying community paraded itself thru our offices to size us up. One day I had one of those meetings with the combined group of the ACLU, the Triangle Foundation and Planned Parenthood. To be honest, to this little Christian Reformed, republican dutch boy from Holland, I thought I entered the gates of Hell. Today I may still have still have huge religious and philosophical differences with other people and other groups, but I also have greater respect for someone else’s views. Today, my world is bigger, my knowledge is broader and more importantly, my views are less black and white than they were. If I’m not any smarter, I at least have a little more perspective. As with past comments, I want to say thank you to a few people.....So...first and foremost, I want to thank God for giving me this opportunity to serve in such a phenomenal way. To Kim and the kids, thanks for letting me get this out of my system. You didn’t understand why this was important to me but you supported my every step of the way. To my constituents, thank you for your support and encouragement. Many of my constituents actually thank me for serving when they don’t realize that I enjoy coming to work so much that if could have afforded it, I would have done it for nothing. 2302 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

Lisa Lyons, you rock. You’re smart and beautiful and I wish there were more people like you. Oh, that’s awkward. See Lisa took my phone Thursday night and wrote that herself. I was supposed to delete it. To our staffs: policy staff, communications, campaign staff, thank you. Thank you for making me looks smarter and more talented than I am. To House Fiscal Agency, thank you for helping comprehend the complexity of a $50 billion budget. Especially to Mary Ann Cleary and Kyle Jen, thanks for not making fun of me when you knew that I didn’t comprehend it. To a few dear friends like Doug Geiss, Fred Durhal, Harold Haugh and Andy Kandrevas, thanks for making me feel like one of the guys, even back during those first two years. To others that I’ve grown to call friends like Lesia Liss, Roy Schmidt and Lisa Howze, we didn’t finish together, but our friendship will last. To the friends in my caucus, thank you for the discussions, the debates and the laughter. We kept it civil. We kept it professional and we kept it fun. My friend Ken Kurtz, as dean you made sure that we cared for each other. Most of you don’t know it but there were times when Dean Kurtz would grab a few people, bring them to the caucus room and have a prayer for one of us that had something going on in our lives. That and our Wednesday morning bible study, kept life in perspective. Dean Kurtz and all of you that would be there on Wednesday mornings, thank you. To Ed McBroom, you are such a class act. I know that you will care for this caucus with the same compassion as Ken. To the appropriations committee on both sides of the isle, thank you for following when things needed to get done and leading when things could have been done better. Please treat next year’s Chairman with the same level commitment. To Roger Kahn and John Nixon and John Roberts, thanks for your partnership. Even during the occasional disagree­ ments, we did it with respect and comradery. To my little sister Rashida Tlaib. This was a special relationship. As different as you would think we are, we actually both had a heart for some of the same things, but on most things she was just plain nuts. Seriously, when two people as different as us from such different backgrounds can become friends, then there is why we as political parties can’t work together. I call her my little sister because we fought like a brother and sister. Depending on the day, I would feel her wrath and the language that came with it. But at the end of the day I respected her and her passion. Rashida, thank you for being such a great public servant to the people of Detroit and such a great friend to me. To my staff. Connie Burgess, your experience has been invaluable. Maybe some of you have this but I used to regularly be back in the district and be thanked for something I did but didn’t know that I did. That was because Connie would be fixing peoples problems without making any fan fair over it. I finally asked her to start making a list so I didn’t look like a dear in the headlights when people came up to me. Jonathan Snavely. What a rock star. Your way too smart to be answering the phone and doing my schedule but that also means that you have an incredible future ahead of you. Leadership, don’t let this one go. And Patti. Patti Hertrich is one of a kind. Early on I realized who was really in charge. At one point in my first year as Chairman, I acknowledged to her that she had a unique gift of being able to make me believe that I was actually running the office. The two of us just clicked. She would regularly talk me off a ledge when I was upset show me a more rational way to pursue what we were trying to get. And we did it all with a lot of laughter in the office. To Jase, Jim, John, Wayne and Pete, the boys of the J-Team, thank you. We have been thru a lot together. We accom­ plished more than we thought was possible and we laughed with each other and at each other. Jase would constantly remind me that a few years ago all I ever wanted to do was fix PA 312 and then I’d be happy. That was until we fixed PA312. Doug Geiss and I started it and Jeff Farrington finished it. Well my list changed and got longer and we kept checking more things off the list. Jase used to talk about driving out of Lansing this week, knowing that we left things better than when we got here and I talked about not boring my grandkids about things that we almost did. I think we both got our wish. Guys, the leadership , our lives move to the next stage but the friendship stays. To those who I call my friends in Crime, Dan Heyns, Russ Marlan, Doug Mains, Jim Litsky, Mary Engle, Robin Risco, Noah Smith, KC Stuckelberg, Barb Levin, Shelly Wiesberg and so many more. Thank you for changing me. To one very special woman named Janet Kissling. Janet is the mother of three of our staff people, the aunt of a one our formerly incarcerated citizens, the sister of one of our prison advocates and truly one of Gods angels living among us. Janet, your words of encouragement, your prayers and verses made it so clear that this course of action was not by chance. Thank you. Back in 2009, I never expected to focus so heavily on corrections. But the people with whom I’ve worked, the issues that we’ve worked on and the people on both sides of the bars who I’ve met, have been a blessing in my life greater than any contribution I could have made. This country has focused on the ‘pound of cure’ solution to crime since Ronald Reagan was president. The result is that we have the most incarcerated country on earth. And we have a crime problem. Now it’s time to work on the ‘ounce of prevention’. For you who are returning and those that begin in a few weeks, this issue will become easier. There are a few old dinosaurs left in this town that don’t want any change. But don’t worry, we know what happens to dinosaurs and in today’s world the voters have your back. To the many friends in the lobby core, I’m sure I’ve forgotten someone, but let me do a shout out to Nell Kuhnmuench, Jim Miller Sandy Jones Ruth Gaudard No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2303

Brendon Ringlever Bill Lobenherz Jim Kirsh John VanFaason Sam Harkins Krissy Kraft Melissa Yutzy Scott Hummel Jim Crawford Joe Spoles If I may offer a word of advice to the new freshman. You are blessed to be able to embark on a cool journey that few people are ever allowed to. Take advantage of it. Get out of your comfort zone and get to know people with whom you have nothing in common. Listen more than you speak. Learn. Don’t take yourself too seriously. Don’t believe your own press releases and remember that people don’t care what you know until they know that you care. I remember the old saying that I may have opponents but I don’t want to have enemies. If I have treated any of you as an enemy, I sincerely apologize. I will remember you all with both affinity and admiration. Thank you to all of you for making this entire experience everything that I could have asked for in these past six years. God Bless you all.”

Rep. Stamas: “Thank you Mr. Speaker, I must first start with my thanks and love to my Lord, and my family - my wife Marsha and my daughter Jessica, who I’m blessed to have with me today, and to our son Nickolas. The parades, doors and just dealing with me for the last six years couldn’t have been easy, and I cannot express my gratitude for their love and support. I Love you! To the 98th district, my home of Midland, Saginaw and Bay City. I have learned so much of the heart, strength and spirit of this district. It is truly my honor to have had the opportunity to serve you, and I thank you. Then I have to mention my brother Tony, who has helped me so much…If I only had a dollar for each time I have been called Tony I could be retired. And I have not forgotten the late evening in the Senate when you tried to have me kicked off the floor by the Senate Sergeants. You have been a great counselor, and while I have not always taken all your advice, you have always offered sound and positive wisdom. I cannot say thank you enough. I cannot express my humbled privilege to work with Clerk Randall, Clerk Brown and each of the ladies and gentlemen of the clerk’s office. You each are professionals of the highest caliber, always here when we arrive and staying long after we are gone. My gratitude and appreciation cannot be put into words. To Sergeant Dickson and each of our red coats. What I have said to our Clerks stands true to each of you as well. The respect and decorum you help to maintain in this chamber is a foundation Michiganders can be proud of. To our policy, communications and caucus staff. So many hours and so much time dedicated to finding answers and solutions. Your work has not gone unnoticed and it is amazing to watch you work with such passion. The many accomplishments of this caucus is a testament of what you have helped make happen. Over my six years in the house I have also worked with the House I.S. Dept., House Fiscal, LSB, the Business Office and so many others that make this House work. It is amazing the amount of work that is required to make this great body work and you each do it so well. Thank you! To my staff that I have been so blessed to have. It is amazing what we have accomplished. Griff, Andrew, and Scott you have each moved on to the next evolution of your careers and are doing so well. Kayla and Joelle, our ways may part soon, but you are always part of the Stamas family. And to Eric, Meghann and Shoaf who are continuing on with me to the Senate, someone once said that the definition of insanity is to do the same thing over and over and expect a different result, yet as often as some days seem the same it never is. We have so many more great things to do and I cannot image doing them without you. Phil – you have been with the leadership team from the start, and we could not have done it without you. I am proud to call you friend. Jeremy, you kept us on track and helped us accomplish our goals – thank you. To my fellow Floor leaders David, Rudy, and Kate. You have each approached the job so differently yet have been worthy in each of your own right. Kate, it was not the pointed heals I worried about but the big thick heals that steadied you. I have never played hockey nor been checked until you. Rudy your vision is good and sometimes we take one step back to take two steps forward. David, I looked up the definition of a gentlemen and leader and I found your name. There are so many member names here and in the past that I wrote down with some really good stories, but found that there is no way to start and finish in the same day. I also realized that as many stories or memories as I have they also may choose to share some of the one’s I would have left out. So mutual discloser is at hand. Four years ago, when I ran for the honor of being the Majority Floor Leader, it was my goal to bring back to the floor the ability to have both majority and minority members speak to bills before the House. This was something that 2304 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85 had been lost by both parties for several terms. Over the last four years, I’m proud that we have heard many speakers in support and opposition to bills before us. I also wanted members to have time between second and third readings. In my first term, it had again become the practice to discharge a bill, amend the bill and vote on the bill within minutes of each other. Over the last four years, that has also become the exception - not standard practice. I believe with these changes we have made significant strides to bringing back Statesmanship and decorum to this body. To Floor Leader Nesbitt, I have two simple request - Please take what has been started and continue to build on it and take care of my clerks and sergeants as I know they will you. I know you will. And as a reminder, I pass this tie of Elephants and donkeys on to you. Mr. Speaker and Speaker Pro Tempore Walsh, it seems just yesterday that we first met with a vision of a direction to set Michigan on a course of recovery. The miles, doors and issues have been so many. Your strength and leadership has accomplished what we first set out to do and so much more. To Wayne, Joe and Pete, I’m so proud of what we were able to accomplish as a team. We started as fellow Representatives, but you five have become my friends, brothers and family. So dear colleagues, please let me say this to each and every one of you. We each came to Lansing with something in common - a passion to make a difference for our district and the residents of Michigan. I’m honored to serve with each of you, as I have learned, no matter how long you’ve been here or what party you serve in, your motivation and dedication is making a difference for your community and our state. And as I say goodbye to this Chamber, I feel confident that the Michigan of today and the Michigan of tomorrow is a better place because of each of you and your service. Thank you, Mr. Speaker.”

Rep. Walsh: “Thank you Mr. Speaker. I welcome this opportunity to say farewell with both and sadness. Thankfully, I have family here to close this chapter in my life. A chapter that could never have been written but for their love, support and sacrifice. My wife Janice, daughter Shelby, and Mother-in-Law Lynne are present, and my son Jack joins us in spirit while he finishes finals. Janice has been a constant at my side and a confidant of my joy, frustration, and fascination with this process. I’ll never forget when Shelby immediately occupied my chair during her first visit to my office, or when Jack summed up our work here after a day of meetings, meals and session, when he concluded that I eat and talk all day. My loving thanks to Janice, Jack and Shelby for their patience, understanding and support, but mostly for their love. And so too I thank the rest of my family and the people at home that helped me run and win, and then later helped me succeed while keeping my feet on the ground. Friends like my campaign manager Brian Meakin and my mentor, friend and second father, Livonia Mayor Jack Kirksey. Finally, a prayer of thanks to my , who are watching from above – for the person I am today started with them. As I face you today, I see first sons and daughters, brothers & sisters, husbands and wives, mothers and fathers, friends and devoted public servants. We are elected officials, but we are each so much more, by similarities, by differences, and unified, at the very least, by a sincere, closely held desire to help others – for the path to this Chamber is far too great to be pursued without that desire. We are bound by a common goal, a common aspiration for something better. I’ve enjoyed coming to know many of you. Even when political discussions ensued with inevitable disagreements, I treasured our time together. Arriving deep in the minority allowed the fighting 43 to bond closely. Kevin Elsenheimer led our caucus with dignity and distinction. He made sure we had an impact on public policy and prepared us for effective leadership in the future. There are so many more I would love to acknowledge, but time and our collective attention span weighs against that. And so I recognize some personal standouts – and pray no one takes offense. Matt Lori and Kevin Daley, two of the finest men I know – resolute, committed and reasonable. Al Pscholka, for taking the lead on some of the toughest issues, and keeping a sense of humor all the while. Ken Kurtz taught this Catholic how to acknowledge God publicly with comfort. Ken prayed for all of us and our loved ones on a regular basis on the floor, in the caucus room, and even in the lobby of the Lexington Hotel. Thank you, Ken. In absentia, I thank Mark Meadows for being an awesome Vice Chair of Judiciary last term. Pete MacGregor, a true confidant and friend, we worked hard to improve a number of bills for passage. Tom McMillan, thank you for your hard work on indigent defense. This bill will be our sleeper, one that will have a larger impact on our citizens then that imagined today. Rashida Tlaib, you possess an irresistible combination of charm, intelligence and passion for public service. I was proud to stand with you during the scrap metal fight. Ken Yonker, I appreciated your dedication to service and your courage. I also like your corny jokes, made even better when you can’t tell them. Leader Greimel, Floor Leaders Rutledge and Hobbs, I have enjoyed working with each of you, and thank you for your professionalism and comradery. No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2305

Kate Segal – you found yourself in the unenviable position of going from the majority to the minority, and then leading while we ran a very aggressive agenda that impacted many of those principles most important to your caucus. And you did so with strength, procedure, and even righteous indignation - that was sincere without being over the top. While we tussled now and again, my respect for you only grew over time. Eileen Kowall and Hugh Crawford, thank you for adopting me into the Oakland County Caucus during our first term, when I chaired the Wayne County Republican Caucus – membership of 1. You let me belong, supported me, and Chuck Moss celebrated with martinis. Mike Shirkey, the man with the worst poker face in the world. Your joy, disdain, or confusion on any given bill raised in caucus was clear. But in every case, you did your homework and reached a rational, fact based decision. I appreciate not only your studied nature, but the maturity to get to yes even when a no was nagging you like a bad habit. And as much as I enjoyed getting to know many of you, I equally regret that I didn’t have the time to get to know you all. Brandon Dillon, Dan Lauwers, and Jon Bumstead – just a few of the people I’ve been impressed with but wish I had time to know better. Damn you term limits. As an aging citizen, I believe my future is secure because of sharp, dedicated people like Andrea LaFontaine, Frank Foster and David Knezek are here - just starting their careers in public service. Frank, I fully expect that you will return to the public arena – and I will be there to help. I can’t imagine another place where so many ideas, opinions, fact and fiction, collide – think about it – 110 of us with our own priorities, amplified by over 300 staff members and the needs, likes, desires and opinions of 90,000 citizens, all coming together here like an atom smasher, creating great energy and debate. And with all that action, opinion, fact and fiction, I realized early on that a good idea isn’t enough – because my good idea may be your worst nightmare. It requires a good idea, hard work, a willingness to compromise on your own bill and to support another’s idea that maybe isn’t so good but important to them. And maybe, after all that, your good idea progresses through the system. By the way, compromise is not a bad word. In fact, it is absolutely essential to the growth and stability of our society, the very human condition itself. Yes, we all have principles – but they often conflict. Nevertheless, everyone’s principles deserve respect. Thankfully, our form of government is designed to be inclusive, and to drive a slow, deliberate, and even difficult method of law making, one that is heavily dependent on compromise and cooperation for the common good. I often proudly proclaim to any who listen that over 90% of our bills pass on a bipartisan basis. We agree far more often than the credit we’re given, or the credit we give ourselves. There is nothing like occasionally bringing order and consensus to a sometimes garrulous and quarrelsome group of leaders that results in some measure of improvement for our fellow Michiganians. We are engaged in what many believe is a noble pursuit – and I ascribe to that notion while understanding that we are also engaged in a blood sport. Campaigns are competitions between citizens, and legislation is a battle of ideas. There should be no shame in this . . . unless our competition goes too far. It is awfully difficult for one to rise to a challenge of cooperation from another who has publicly proclaimed the first hates children, or some other absurd accusation. Worse yet, our collective reputations suffer in the eyes of a public weary of such conduct. Let’s do better to avoid self-inflicted wounds on this body and our profession. For it is, indeed, a noble profession. Looking back over the six years, I relish so many mountains climbed and challenges won. In some cases, sweeping, generational changes adopted to meet the struggles of our desperate times as the last decade closed and the new decade began. A healthier economy, more people at work, a balanced, timely budget, are just a few of the successes we can count as partly related to those actions. While I believe that more success remains to be seen from our actions, only time will tell. I’m sure to wonder at some point ‘just what were we thinking,’ when a well-intentioned Public Act proves a disaster. For we are only human. I would be remiss if I didn’t mention the Grand Bargain, which will likely define my time here. I sure wasn’t on anyone’s mind until a couple of years ago. The Governor approached the Speaker and I in late 2013, as just the hint of a possible settlement arose – was there a way to end the bankruptcy, avoid greater loss to the State, preserve the opportunities that exist, and soften the blow to thousands of retirees living throughout our great state? And in time, and after months of hard, hard work, the answer was yes. Thank you to the committee members, Tom Stallworth, Earl Poleski, Mike McCready, and Harvey Santana, for making room in your already busy lives to address this issue. And thank you all – whether you voted yes or no, for spending the time to carefully consider a highly complicated package of bills. It was a difficult slog, but we rose above the sound-bite, east v. west, black v. white, management v. labor, and republican v. democrat, to reach a fact-based decision. It has also been my privilege to preside over this Chamber. A true honor. I aspired to an open airing of views and opinions - even when your body-language, facial expressions, and volume indicated it was time for one speaker or another to end their speech. Harold Haugh, no one gave me better direction of the Chamber’s mood than you – I only wish I could have filmed your expressions to share with all of our colleagues. 2306 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

While sometimes members to my right may have been unseen, I assure you my left eye troubled me as well, particularly when the Speaker would want to insert himself in some procedural issue. As crazy as it may sound, my left eye and ear sometimes failed me at the exact same time that Majority Leader Stamas’s right eye and ear failed him as well. The Speaker would vehemently complain that we ignored him – but nothing could be further from the truth. I never arrived with a preconceived notion of when to use it. All judgment calls, and sometimes, I’ll admit, not quite right. I apologized to Tom McMillan and Tim Bledsoe for ruling them out of order – failing to understand how their words matched to the issue at hand, even when they did. And I had to apologize to Woodrow Stanley and Richard LeBlanc, both of whom I respect deeply, who paid the price for a prior speaker’s outburst. No matter how cool I may have looked, there were days when I was a nervous wreck leaving the podium. I hope that you will judge me on the whole and forgive any transgression or insult delivered, real or perceived. But I also had fun – believe me, watching the likes of you in your daily activities on the floor provided a never ending source of amusement for Gary, Rich and I. Ken Yonker and others would try to make me laugh with all kinds of gestures and facial expressions. I even had to leave the podium once after defeating a McBroom motion when the ayes and nays weren’t quite what I expected. And sometimes I had to hold a smile – Rep. Brandon Dillon, someone I respect, would often rise during last session to decry education funding cuts, proclaiming with each rise a greater and greater amount - $500 million, $700 million, until one day he reached the crescendo of Dr. Evil and proclaimed ‘One Billion Dollars.’ And now, a difficult part – time to recognized those who have had the greatest impact on my time here – those who have become colleagues and my friends: Val Knol, my chief of staff for all six years, and friend for so much longer than that. She kept me on time, watched my back like a hawk, and was never shy, in the privacy of my office, to occasionally challenge my positions. And I needed all of that. Steve Heikinen and Dave Hodgkins, who supported me at the beginning and end, respectively, of my time in office, were great. Brett Visner, who had a huge impact on my office and on the Judiciary Committee last session. We ran over 200 bills out of committee then, and there is absolutely no question – I could not have done that without him. Brock Swartzle and Travis Weber – thank you for help with so many issues, but most of all Detroit. If you want to know the people who really understand both what we did here, and the totality of what the bankruptcy court did, and how the two are entwined, look no further. Likewise, Patti Trembley-Pluta and Rachel Richards, who helped us navigate through perilous legal and political issues during highly complicated negotiations, minding their party while cooperating for the common good. The Republican central staff –Brian Mills, Norm Saari, Doug Mains, Craig Ryan, Jeremy Hendges, Suzanne Miller Allen, Phil Brown, Brian Shoaf and Joelle Demand – awesome, dedicated staff members and personal friends. How lucky are we to have them. Suzanne Miller Allen, in particular, was a huge asset – our leadership team was clueless in 2012, and she was anything but. Thankfully, she was there with us as we grew into our own. And with great thanks, I recognize our Clerks and their staff. Gary and Rich, solemn keepers of the decorum and tradition in this honorable chamber, some of my best discussions in this Chamber were with the two of you, between votes, as we talked politics, policy, family and daily events, not to mention electric generators. To the Sergeants – thank you for kind, patient and protective services. Speaker Dillon once shared this story with me about Sergeant Dickson – He asked if Sergeant Dickson would truly take a bullet for him, to which Sergeant Dickson responded ‘No sir . . . but I will shoot the man that shot you.’ The lobby corps – a much misunderstood and maligned group of professionals that are as indispensable to our process as our staff, and we ourselves. History, knowledge, perspective, certainly advocacy, all on behalf of who – citizens, groups, agencies and companies, everyone deserving of their representation. And they sometimes helped in ways you could never imagine, like Tom Hoisington, when he helped Speaker Dillon and I work our way through a disagreement. A shout out to Melissa Yutzey, Jim Kirsch, Greg Clark, and Adrian Cazal– for being good lobbyists and advisors, and just plain good people. To Kirk Profit, Mike Hawks, and Steve Young, thank you for your advice, both on politics and policy, whether you had a dog in the fight or not. My seat mate – Lisa Lyons. We shared a lot of laughs, moments of hope and others of frustration, but mostly laughs. It was great having you as a seat mate – and now certainly a life-long friend. Wayne Schmidt: Salt of the earth, and by that I mean, and essential ingredient to nearly everything we have discussed and done. Unfailing in loyalty, perceptive, and a great sense of humor and humility, I am thankful for all the good public policy you brought to my attention. Pete Lund: For those of you who know him only for his political edge, I wish you had the full picture. To be sure, Pete is one of the finest political strategists I know personally. But there is so much more – a man who loves his family, and with whom I share an interest in South Park and Howard Stern, not to mention Disney World and Las Vegas – two places where nothing is real and everything is possible – maybe that is why we both like this chamber so much. No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2307

Joe Haveman: With that confident swagger, quick smile, and a friendly approach, he is the most touchy feely of the Jteam, and I love him for that. I still remember when we first met while on the campaign trail. He asked why I was running, and I said to bring accountability and common sense to the capital. Glaring at me, he asked ‘well, what does that mean’ and pressed me to explain my campaign brochure statements. Jim Stamas: This guy watches the rest of us like a momma bird. He will walk the floor when someone’s vote, anyone’s vote, seems amiss, to be sure they’ve voted opposite the rest of us on purpose. I asked Gary and Rich if they have ever seen such a thing, and neither of them ever had. While he fills the role of our ‘muscle,’ he really is the biggest teddy bear that I have ever met. I can easily apply a quote from Teddy Roosevelt, after whom the teddy bear was named. While he was discussing our country’s character, like I can now describe Jim’s, he said: ‘the American Grizzly is a symbol of the American Spirit (fill in Stamas): strength, ferocity, and intelligence. Maybe a little reckless and blind at times (those are his words, Jim) … but courageous beyond all doubt.’ Thank you, Jim, for watching everyone’s back, and being my friend. Jase Bolger, Speaker of the House, my worthy adversary when we foolishly ran against each other for that powerful position, Assistant Minority Leader, as Freshman. We were so misled into that process – but we had our fun, and began our friendship then. You are one of the finest leaders I have worked with in 25 years. You hold a position with great authority and respect, and pay a heavy price for nearly all the ills that arise in this City. Take note, Speaker-elect Cotter, you will soon inherit the hottest seat in the State government. I can’t explain it, but as history is my witness, this position draws more attention and criticism than it deserves. And yet, Jase, you performed with amazing results, and I am proud to have been at your side. On a personal level, you pushed and pulled me at times, while at others I provided you with a safer path and always watched your back. When thinking of you, I am always reminded of this quote from Abraham Lincoln: ‘I am a success because I had a friend who believed in me and I couldn’t let him down.’ The man in the arena! Ladies and Gentlemen, I thank you for this opportunity to speak, for your commitment to the Great State of Michigan, and pray that for those of you continuing on, that you have the same success, joy, and growth that I have been lucky enough to enjoy. Farewell.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

Speaker Bolger: “Thank you, Mr. Speaker. I want to thank the hardworking men and women in Calhoun and Kalamazoo counties who lent me their most precious support: their vote. Next, I want to look back and thank Speaker Andy Dillon and Republican Leader Kevin Elsenheimer for your work to improve things you saw as wrong in the House, and for your help in transition in 2010. In 2011, on the day you, my fellow representatives, elected me your Speaker, Tim Martin from AP at the time, wrote that we were charged with helping improve Michigan’s economy and state government budget. We were facing a state that had: Lost over 800,000 jobs A $1.5 billion deficit No money in our savings account And mounting debt and unfunded liabilities On these two fronts, you rose to the challenge. Then you helped achieve more. On opening day in 2011, we discussed: Cutting our office budgets Enacting a true 4-year limit for able-bodied adults to receive welfare Reforming Bridge Cards to curb abuse Completing the budget by the beginning of June with a forecast for the second year Repealing the MBT Reforming taxes for a lower, simpler and broader tax structure Discussing difficult issues, including Right-to-Work And...a stricter dress code with a predictable calendar. On opening day in 2013, we talked about: Repealing regulations — almost 2,000 are gone now 2308 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

Improving adoption and prenatal care Offering a quality education for every child in Michigan regardless of ZIP Code Expanding skilled training opportunities in education Continuing to balance the budget by the beginning of June (we mentioned it before the governor, but who is keeping track?) Paying down debt Fixing the roads OK, maybe we still have work to do. But with your work we made progress on each of these goals. From the hotly contested, like: Right-to-Work MBT repeal and tax reform Reforming government employee benefits And changing unemployment and welfare To the bipartisan achievements of: Providing coverage for autism Repealing the PPT and its stifling of jobs Reforming the binding arbitration for police and fire of PA 312 Reforming Medicaid with Healthy Michigan and delivering Detroit’s bankruptcy settlement for the state. You always rose to the challenge, debated with passion and boldly took a stand with your vote. We are now a Michigan that has: Over 300,000 more jobs and the lowest unemployment since 2006 — 4 years before we were asked to lead A structurally balanced budget Over half a billion dollars in our savings account Less debt with a plan to be debt-free in about 20 years I have no doubt that you are leaving Michigan better than you found her. I am not perfect and unfortunately I have demonstrated that. Just to really prove that point, I’ve even proven that true on more than a few occasions. Please forgive me. I hope I have learned from each mistake and improved because of them all. As painful as they were for me, I am sorry for others who were hurt by them. To Democrat leaders Hammel and Greimel, you are fierce competitors, worthy adversaries and, indeed, valued friends. Thank you for your professionalism and your efforts. Where we couldn’t agree, you were professional, and where we could work together you almost always did. Governor Snyder and Senate Majority Leader Richardville — we have had professional disagreements but that didn’t stop us from working to achievement. Throughout it all I have enjoyed the hard work and strong support of dedicated staff. From the beginning with Derek and Phil to my current office, so many have helped, including: Suzanne Miller-Allen, whose planning organization and drive are unmatched Norm Saari, who stepped bravely into uncertainty with a steady hand, both in the office and in life Phil Browne, whose dedication and loyalty are unparalleled Jeremy Hendges, strategy and knowledge were key Ari Adler, your wit is only outmatched by your talent Brian Mills, once we could get you to talk, you challenged me Brock Swartzle, we promised you the job would be interesting, and you delivered us brilliance Hassan Baydoun, your challenge was my challenge. I hope you grew, because I did. Others, including: Craig Ryan Ken Osborne Lindsay Vogelsberg Anna Heaton Gene Lutherloh Kristin Fair Eddie Sleeper Julie Skubik Charlotte Schredder And former staff: John Roberts Scott Starr Phyllis Browne Gideon D’Assandro No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2309

Joe Baumann Michelle McQuiston And though I get told where to go often and by a lot of people, nobody tells me where to go any nicer than Laura DuBrueil Tim Bowlin Clerks Randall and Brown Chief Dickson Mary Ann Cleary John Bowman and all of your teams When we agree at 5 p.m. and we leave, your work continues. To these and those who I failed to name but know who you are: thank you for helping making the institution better than you found it. To my colleagues, thank you for your support, your spirit and your work. You inspire me and I firmly believe that the House and the state are better because of your time here. To special friends: Jim Stamas John Walsh Joe Haveman And, to prove we had diversity and not just ‘J’ names… Wayne Schmidt Pete Lund Thank you. Through it all, I never looked over my shoulder — pretty rare among political teams — nor did I ever worry if there would be help with the task ahead, I knew you would be there. With you, I knew the team would deliver. And, with you I knew I had the trust and support of brothers. To my family, and my real brothers Dad and Betty Matt and Maureen And Eric and Melissa at Ft. Bragg Thank you for your unwavering love and support My dad and brothers all earned military and police uniforms. They have faced sticks and stones and risked bones, while I just had to remember what my mother always said: ‘Names will never hurt me.’ I thank you for your service and sacrifice. To my love Molly, And our kids Nick and Megan It all started with a family vacation to Boston and Philadelphia. Maybe that wasn’t an objective trip to ask if we should run for office, but you had the grace to not accuse me of manipulating through vacationing. Thank you not just for your unwavering love and support but also for your sacrifices. I’m sorry for the times I couldn’t be there in person. I’m really sorry for when I was physically there but mentally distracted. But, I’m eternally grateful for the strength of your support and the comfort and healing of your love. I want to close by looking to the future. To Speaker Kevin Cotter… I have no doubt our state and my kids’ futures are brighter with you and this chamber leading the way. And I say...Tag, you’re it! No givebacks!”

______

Rep. Olumba entered the House Chambers.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore O’Brien to the Chair. 2310 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

Rep. Lyons moved that Rep. Rutledge be excused temporarily from today’s session. The motion prevailed.

Rep. Stamas moved that Rep. Foster be excused temporarily from today’s session. The motion prevailed.

By unanimous consent the House returned to the order of Third Reading of Bills

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

Roll Call No. 694 Yeas—108

Abed Glardon Lauwers Rendon Banks Goike LaVoy Roberts Barnett Graves Leonard Robinson Bolger Greimel Lipton Rogers 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 Olumba Tlaib Driskell Kivela Outman Townsend Durhal Knezek Pagel VerHeulen Faris Kosowski Pettalia Victory Farrington Kowall Phelps Walsh Forlini Kurtz Poleski Yanez Franz LaFontaine Potvin Yonker Geiss Lamonte Price Zemke Genetski Lane Pscholka Zorn

Nays—0

In The Chair: O’Brien

The House agreed to the title of the bill. Rep. Stamas moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor. No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2311

Senate Bill No. 623, entitled A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending sections 103, 104, 105, 106, 107, 108, 109, 110, 121, 122, 123, 131, 132, 133, 141, 143, 151, 202, 209, 212, 215, 217, 221, 241, 242, 243, 246, 251, 261, 275, 301, 303, 304, 305, 307, 308, 309, 313, 317, 331, 332, 338, 402, 403, 404, 405, 407, 413, 415, 421, 422, 423, 441, 442, 444, 446, 451, 455, 461, 485, 487, 501, 505, 506, 511, 521, 523, 527, 528, 531, 541, 548, 551, 552, 553, 561, 562, 563, 565, 567, 569, 601, 602, 611, 615, 631, 641, 642, 643, 701, 707, 741, 753, 801, 804, 805, 811, 815, 817, 821, 823, 851, 855, 901, 911, 913, 922, 923, 925, 932, 1001, 1002, 1012, 1015, 1016, 1021, 1032, 1035, 1041, 1042, 1051, 1060, 1104, 1107, 1145, and 1162 (MCL 450.2103, 450.2104, 450.2105, 450.2106, 450.2107, 450.2108, 450.2109, 450.2110, 450.2121, 450.2122, 450.2123, 450.2131, 450.2132, 450.2133, 450.2141, 450.2143, 450.2151, 450.2202, 450.2209, 450.2212, 450.2215, 450.2217, 450.2221, 450.2241, 450.2242, 450.2243, 450.2246, 450.2251, 450.2261, 450.2275, 450.2301, 450.2303, 450.2304, 450.2305, 450.2307, 450.2308, 450.2309, 450.2313, 450.2317, 450.2331, 450.2332, 450.2338, 450.2402, 450.2403, 450.2404, 450.2405, 450.2407, 450.2413, 450.2415, 450.2421, 450.2422, 450.2423, 450.2441, 450.2442, 450.2444, 450.2446, 450.2451, 450.2455, 450.2461, 450.2485, 450.2487, 450.2501, 450.2505, 450.2506, 450.2511, 450.2521, 450.2523, 450.2527, 450.2528, 450.2531, 450.2541, 450.2548, 450.2551, 450.2552, 450.2553, 450.2561, 450.2562, 450.2563, 450.2565, 450.2567, 450.2569, 450.2601, 450.2602, 450.2611, 450.2615, 450.2631, 450.2641, 450.2642, 450.2643, 450.2701, 450.2707, 450.2741, 450.2753, 450.2801, 450.2804, 450.2805, 450.2811, 450.2815, 450.2817, 450.2821, 450.2823, 450.2851, 450.2855, 450.2901, 450.2911, 450.2913, 450.2922, 450.2923, 450.2925, 450.2932, 450.3001, 450.3002, 450.3012, 450.3015, 450.3016, 450.3021, 450.3032, 450.3035, 450.3041, 450.3042, 450.3051, 450.3060, 450.3104, 450.3107, 450.3145, and 450.3162), sections 106, 404, 505, 548, 611, 901, and 922 as amended by 2008 PA 222, sections 108, 561, 562, 563, 565, 567, and 569 as amended by 1993 PA 129, section 110 as amended by 1990 PA 39, section 123 as amended by 2008 PA 482, section 131 as amended by 2005 PA 219, sections 133, 141, 143, 151, 405, 407, 413, 421, 441, 446, 451, and 521 as amended by 2008 PA 9, section 209 as amended by 1996 PA 397, sections 261, 501, and 541 as amended by 2009 PA 88, section 911 as amended by 1996 PA 84, section 1060 as amended by 2012 PA 309, and sections 1104, 1107, 1145, and 1162 as added by 1984 PA 209, and by adding sections 303a, 303b, 303c, 303d, 314, 336, 341a, 343, 344, 345, 392, 406, 408, 409, 412, 432, 447a, 466, 467, 468, 472, 473, 488, 489, 491a, 492a, 493a, 494, 495, 496, 497, 514, 515a, 529, 545a, 564a, 564b, 564c, 571, 703a, 706, 711, 712, 713, 724, 735, 736a, 745, 746, 751, 754, 841a, 842a, and 1013; and to repeal acts and parts of acts. 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.

Senate Bill No. 886, entitled A bill to regulate the offer and sale of life interests and long-term leases in retirement communities that provide certain services and are independent living units, nursing homes, homes for the aged, adult foster care facilities, home care service agencies, hospices, or places that provide care for certain periods; to prohibit fraudulent practices in relation to the offer and sale of those life interests and long-term leases; to provide for the powers and duties of certain state govern­ mental agencies; to provide for penalties and remedies; to prescribe penalties and civil sanctions; 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. 695 Yeas—108

Abed Glardon Lauwers Rendon Banks Goike LaVoy Roberts Barnett Graves Leonard Robinson Bolger Greimel Lipton Rogers 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 2312 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

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 Olumba Tlaib Driskell Kivela Outman Townsend Durhal Knezek Pagel VerHeulen Faris Kosowski Pettalia Victory Farrington Kowall Phelps Walsh Forlini Kurtz Poleski Yanez Franz LaFontaine Potvin Yonker Geiss Lamonte Price Zemke Genetski Lane Pscholka Zorn

Nays—0

In The Chair: O’Brien

The House agreed to the title of the bill. Rep. Stamas moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.

Senate Bill No. 887, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20106 and 20171 (MCL 333.20106 and 333.20171), section 20106 as amended by 2000 PA 253 and section 20171 as amended by 1990 PA 252. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 696 Yeas—108

Abed Glardon Lauwers Rendon Banks Goike LaVoy Roberts Barnett Graves Leonard Robinson Bolger Greimel Lipton Rogers 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 Olumba Tlaib Driskell Kivela Outman Townsend Durhal Knezek Pagel VerHeulen No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2313

Faris Kosowski Pettalia Victory Farrington Kowall Phelps Walsh Forlini Kurtz Poleski Yanez Franz LaFontaine Potvin Yonker Geiss Lamonte Price Zemke Genetski Lane Pscholka Zorn

Nays—0

In The Chair: O’Brien

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” 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.

______

The Speaker Pro Tempore resumed the Chair.

Senate Bill No. 888, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending sections 3 and 10 (MCL 400.703 and 400.710), section 3 as amended by 1998 PA 442 and section 10 as amended by 2006 PA 201. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 697 Yeas—108

Abed Glardon Lauwers Rendon Banks Goike LaVoy Roberts Barnett Graves Leonard Robinson Bolger Greimel Lipton Rogers Brinks Haines Lori Santana Brown Haugh Lund Schmidt Brunner Haveman Lyons Schor Bumstead Heise MacGregor Segal Callton Hobbs MacMaster Shirkey 2314 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

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 Olumba Tlaib Driskell Kivela Outman Townsend Durhal Knezek Pagel VerHeulen Faris Kosowski Pettalia Victory Farrington Kowall Phelps Walsh Forlini Kurtz Poleski Yanez Franz LaFontaine Potvin Yonker Geiss Lamonte Price Zemke Genetski Lane Pscholka Zorn

Nays—0

In The Chair: Walsh

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain 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. 889, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15b of chapter XVII (MCL 777.15b), as amended by 2010 PA 152. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 698 Yeas—108

Abed Glardon Lauwers Rendon Banks Goike LaVoy Roberts Barnett Graves Leonard Robinson Bolger Greimel Lipton Rogers 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 No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2315

Darany Johnson Nesbitt Stanley Denby Kandrevas O’Brien Switalski Dianda Kelly Oakes Talabi Dillon Kesto Olumba Tlaib Driskell Kivela Outman Townsend Durhal Knezek Pagel VerHeulen Faris Kosowski Pettalia Victory Farrington Kowall Phelps Walsh Forlini Kurtz Poleski Yanez Franz LaFontaine Potvin Yonker Geiss Lamonte Price Zemke Genetski Lane Pscholka Zorn

Nays—0

In The Chair: Walsh

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” 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. 791, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the part heading to part 215 and sections 21502, 21503, 21504, 21505, 21506a, 21508, 21509, 21510, 21515, 21516, 21518, 21519, 21521, 21523, 21524, 21525, 21526, 21527, 21528, 21531, 21546, and 21548 (MCL 324.21502, 324.21503, 324.21504, 324.21505, 324.21506a, 324.21508, 324.21509, 324.21510, 324.21515, 324.21516, 324.21518, 324.21519, 324.21521, 324.21523, 324.21524, 324.21525, 324.21526, 324.21527, 324.21528, 324.21531, 324.21546, and 324.21548), sec­ tions 21502, 21503, 21506a, 21510, and 21515 as amended by 2012 PA 113, sections 21504, 21505, 21508, 21546, and 21548 as amended by 2004 PA 390, and section 21528 as amended by 2009 PA 98, and by adding sections 21506b, 21510a, 21510b, and 21510c; 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. 699 Yeas—108

Abed Glardon Lauwers Rendon Banks Goike LaVoy Roberts 2316 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

Barnett Graves Leonard Robinson Bolger Greimel Lipton Rogers 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 Olumba Tlaib Driskell Kivela Outman Townsend Durhal Knezek Pagel VerHeulen Faris Kosowski Pettalia Victory Farrington Kowall Phelps Walsh Forlini Kurtz Poleski Yanez Franz LaFontaine Potvin Yonker Geiss Lamonte Price Zemke Genetski Lane Pscholka Zorn

Nays—0

In The Chair: Walsh

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; 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. 797, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2010 PA 363. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 700 Yeas—104

Abed Genetski Lauwers Rendon Banks Glardon LaVoy Roberts Barnett Goike Leonard Rogers Bolger Graves Lipton Santana Brinks Greimel Lori Schmidt No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2317

Brown Haines Lund Schor Brunner Haugh Lyons Segal Bumstead Heise MacGregor Shirkey Callton Hobbs MacMaster Singh Cavanagh Hooker McBroom Slavens Clemente Hovey-Wright McCann Smiley Cochran Irwin McCready Somerville Cotter Jacobsen Muxlow Stallworth Crawford Jenkins Nathan Stamas Daley Johnson Nesbitt Stanley Darany Kandrevas O’Brien Switalski Denby Kelly Oakes Talabi Dianda Kesto Olumba Tlaib Dillon Kivela Outman Townsend Driskell Knezek Pagel VerHeulen Durhal Kosowski Pettalia Victory Faris Kowall Phelps Walsh Farrington Kurtz Poleski Yanez Forlini LaFontaine Potvin Yonker Franz Lamonte Price Zemke Geiss Lane Pscholka Zorn

Nays—4

Haveman Howrylak McMillin Robinson

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 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 section 4701 (MCL 600.4701), as amended by 2014 PA 332. 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.

Senate Bill No. 799, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 92 (MCL 24.292), as amended by 1996 PA 237. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 701 Yeas—104

Abed Genetski Lane Pscholka Banks Glardon Lauwers Rendon 2318 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

Barnett Goike LaVoy Roberts Bolger Graves Leonard Rogers Brinks Greimel Lipton Santana Brown Haines Lori Schmidt Brunner Haugh Lund Schor Bumstead Haveman Lyons Segal Callton Heise MacGregor Singh Cavanagh Hobbs MacMaster Slavens Clemente Hooker McBroom Smiley Cochran Hovey-Wright McCann Somerville Cotter Irwin McCready Stallworth Crawford Jacobsen Muxlow Stamas Daley Jenkins Nathan Stanley Darany Johnson Nesbitt Switalski Denby Kandrevas O’Brien Talabi Dianda Kelly Oakes Tlaib Dillon Kesto Olumba Townsend Driskell Kivela Outman VerHeulen Durhal Knezek Pagel Victory Faris Kosowski Pettalia Walsh Farrington Kowall Phelps Yanez Forlini Kurtz Poleski Yonker Franz LaFontaine Potvin Zemke Geiss Lamonte Price Zorn

Nays—4

Howrylak McMillin Robinson Shirkey

In The Chair: Walsh

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determina­ tions, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” 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. 800, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 41309, 47361, and 48738 (MCL 324.41309, 324.47361, and 324.48738), section 41309 as amended by 2009 PA 52, section 47361 as added by 1995 PA 57, and section 48738 as amended by 2003 PA 270. 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.

Senate Bill No. 738, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3101a (MCL 500.3101a), as amended by 2011 PA 91. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows: No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2319

Roll Call No. 702 Yeas—108

Abed Glardon Lauwers Rendon Banks Goike LaVoy Roberts Barnett Graves Leonard Robinson Bolger Greimel Lipton Rogers 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 Olumba Tlaib Driskell Kivela Outman Townsend Durhal Knezek Pagel VerHeulen Faris Kosowski Pettalia Victory Farrington Kowall Phelps Walsh Forlini Kurtz Poleski Yanez Franz LaFontaine Potvin Yonker Geiss Lamonte Price Zemke Genetski Lane Pscholka Zorn

Nays—0

In The Chair: Walsh

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, 2320 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85 or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” 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. 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. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 703 Yeas—108

Abed Glardon Lauwers Rendon Banks Goike LaVoy Roberts Barnett Graves Leonard Robinson Bolger Greimel Lipton Rogers 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 Olumba Tlaib Driskell Kivela Outman Townsend Durhal Knezek Pagel VerHeulen Faris Kosowski Pettalia Victory Farrington Kowall Phelps Walsh Forlini Kurtz Poleski Yanez Franz LaFontaine Potvin Yonker Geiss Lamonte Price Zemke Genetski Lane Pscholka Zorn

Nays—0

In The Chair: Walsh

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and perpetuate public land survey corners; to require the establishment of monuments and the recording of information concerning public land survey corners; to prescribe the duties of the register of deeds; and to provide penalties,” No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2321

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. 1146, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 96. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 704 Yeas—108

Abed Glardon Lauwers Rendon Banks Goike LaVoy Roberts Barnett Graves Leonard Robinson Bolger Greimel Lipton Rogers 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 Olumba Tlaib Driskell Kivela Outman Townsend Durhal Knezek Pagel VerHeulen Faris Kosowski Pettalia Victory Farrington Kowall Phelps Walsh Forlini Kurtz Poleski Yanez Franz LaFontaine Potvin Yonker Geiss Lamonte Price Zemke Genetski Lane Pscholka Zorn

Nays—0

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 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 97a. The motion prevailed. The House agreed to the title as amended. 2322 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

Second Reading of Bills

Senate Bill No. 1049, entitled A bill to allow peace officers to carry and administer opioid antagonists in certain circumstances; to provide access to opioid antagonists by law enforcement agencies and peace officers; and to limit the civil and criminal liability of law enforcement agencies and peace officers for the possession, distribution, and use of opioid antagonists under certain circumstances. 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. 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. Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government, The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. LaFontaine moved to amend the bill as follows: 1. Amend page 1, line 8, after “CAPACITY” by inserting “THAT MAY CAUSE FLOODING”. The motion prevailed and 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.

By unanimous consent the House returned to the order of Reports of Standing Committees

The Committee on Appropriations, by Rep. Haveman, Chair, reported Senate Bill No. 961, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106a (MCL 400.106a), as amended by 2012 PA 356. 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. Pscholka, Kowall, Lori, Rogers, Stamas, Walsh, Bumstead, Forlini, MacGregor, Jenkins, Muxlow, McCready, VerHeulen, Tlaib, Brown, McCann, Roberts, Kandrevas, Zemke and Singh Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Haveman, Chair, of the Committee on Appropriations, was received and read: Meeting held on: Wednesday, December 17, 2014 Present: Reps. Haveman, Pscholka, Kowall, Lori, Rogers, Stamas, Walsh, Bumstead, Forlini, MacGregor, Jenkins, Muxlow, Poleski, Potvin, McCready, VerHeulen, Shirkey, Tlaib, Brown, Durhal, McCann, Dillon, Roberts, Kandrevas, Faris, Zemke and Singh Absent: Reps. MacMaster and Olumba Excused: Reps. MacMaster and Olumba

Second Reading of Bills

Senate Bill No. 961, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106a (MCL 400.106a), as amended by 2012 PA 356. No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2323

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. 80, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 18 (MCL 388.1618), as amended by 2012 PA 201. Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Education, 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. 81, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1254 and 1814 (MCL 380.1254 and 380.1814), section 1254 as amended by 1995 PA 289 and section 1814 as added by 2004 PA 417. The bill was read a second time.

Rep. Lipton moved to amend the bill as follows: 1. Amend page 3, line 1, after “ACADEMY” by inserting “OR EDUCATIONAL MANAGEMENT ORGANIZATION SERVING A PUBLIC SCHOOL ACADEMY”. 2. Amend page 3, line 3, after “ACADEMY” by inserting “OR EDUCATIONAL MANAGEMENT ORGANIZATION SERVING A PUBLIC SCHOOL ACADEMY”. The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor. Rep. Stamas moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed.

______

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

Senate Bill No. 492, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1147 (MCL 380.1147), as amended by 2012 PA 198. 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. 1142, entitled A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 19 (MCL 29.19), as amended by 2014 PA 12, and by adding section 19a. 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 Messages from the Senate

House Bill No. 5806, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 122 (MCL 389.122), as amended by 2003 PA 306. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. 2324 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

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. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

By unanimous consent the House returned to the order of Motions and Resolutions

Rep. Geiss moved that the Committee on Detroit’s Recovery and Michigan’s Future be discharged from further consideration of Senate Bill No. 1105. (For first notice see House Journal No. 84, p. 2277.) The question being on the motion made by Rep. Geiss,

Rep. Stamas moved that consideration of the motion be postponed for the day. The motion prevailed.

______

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

Rep. Stamas moved that when the House adjourns today it stand adjourned until Thursday, December 18, at 10:00 a.m. The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, December 17: House Bill Nos. 6089 6090 6091

Reports of Standing Committees

The Committee on Insurance, by Rep. Lund, Chair, reported Senate Bill No. 211, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 1980 PA 457. 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. Lund, Leonard, Denby, Cotter, Glardon, Goike, LaFontaine, Lyons, Nesbitt, O’Brien, Segal, Lipton, Abed, Cochran and Hovey-Wright Nays: None

The Committee on Insurance, by Rep. Lund, Chair, reported Senate Bill No. 993, entitled A bill to enter into the interstate health care compact; and for related purposes. Without amendment and with the recommendation that the bill pass. The bill was referred to the order of Second Reading of Bills. No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2325

Favorable Roll Call

To Report Out: Yeas: Reps. Lund, Leonard, Denby, Cotter, Goike, LaFontaine, Nesbitt and O’Brien Nays: Reps. Segal, Lipton, Abed, Cochran and Hovey-Wright

The Committee on Insurance, by Rep. Lund, Chair, reported Senate Bill No. 1140, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3113 (MCL 500.3113), as amended by 1986 PA 93. 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. Lund, Leonard, Denby, Cotter, Glardon, Goike, LaFontaine, Lyons, Nesbitt, O’Brien, Segal, Abed, Cochran and Hovey-Wright Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lund, Chair, of the Committee on Insurance, was received and read: Meeting held on: Wednesday, December 17, 2014 Present: Reps. Lund, Leonard, Denby, Cotter, Glardon, Goike, LaFontaine, Lyons, Nesbitt, O’Brien, Segal, Lipton, Abed, Cochran and Hovey-Wright

Messages from the Senate

House Bill No. 4290, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, admin­ istration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 3 (MCL 205.3), as amended by 2006 PA 615. The Senate has passed the bill and ordered that it be given immediate effect. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4481, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 88k and 88n (MCL 125.2088k and 125.2088n), section 88k as amended by 2012 PA 145 and section 88n as added by 2005 PA 215. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor. 2326 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

House Bill No. 4482, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 7 (MCL 125.2007), as amended by 2005 PA 225. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4650, entitled A bill to amend 1994 PA 204, entitled “An act to establish the children’s ombudsman office; and to prescribe the powers and duties of the children’s ombudsman, certain state departments and officers, and certain county and private agencies serving children; and to provide remedies from certain administrative acts,” by amending sections 2, 5a, and 6 (MCL 722.922, 722.925a, and 722.926), section 2 as amended by 2004 PA 560, section 5a as amended by 2013 PA 38, and section 6 as amended by 2014 PA 243. The Senate has concurred in the House substitute (H-3) to the Senate substitute (S-1). The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4783, entitled A bill to amend 2010 PA 275, entitled “Next Michigan development act,” by amending section 5 (MCL 125.2955), as amended by 2013 PA 238. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5141, entitled A bill to authorize the department of natural resources to convey property in Kent county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance. The Senate has passed the bill and ordered that it be given immediate effect. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5195, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending section 7115 (MCL 289.7115), as amended by 2007 PA 114. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5439, entitled A bill to authorize the growing and cultivating of industrial hemp for research purposes; to authorize the receipt and expenditure of funding for research related to industrial hemp; and to prescribe the powers and duties of certain state agencies and officials and colleges and universities in this state. The Senate has passed the bill and ordered that it be given immediate effect. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5440, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7106 (MCL 333.7106). The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor. No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2327

House Bill No. 5444, entitled A bill to amend 2008 PA 525, entitled “Foster care trust fund act,” by amending the title and sections 1, 2, 3, 9, 10, and 11 (MCL 722.1021, 722.1022, 722.1023, 722.1029, 722.1030, and 722.1031) and by adding sections 7a and 7b; and to repeal acts and parts of acts. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5684, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending section 5 (MCL 280.5). The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5685, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 101 and 121 (MCL 280.101 and 280.121). The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5686, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending section 327 (MCL 280.327). The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5743, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 24 of chapter X (MCL 710.24), as amended by 2012 PA 614. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5745, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 1 and 2a of chapter XIIA (MCL 712A.1 and 712A.2a), section 1 as amended by 2012 PA 541 and section 2a as amended by 2011 PA 226. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5746, entitled A bill to amend 2011 PA 225, entitled “Young adult voluntary foster care act,” by amending section 29 (MCL 400.669). The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor. 2328 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

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. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 5932, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 102, 830, 830a, 834, 836, 838, 3930, 4060, and 4061 (MCL 500.102, 500.830, 500.830a, 500.834, 500.836, 500.838, 500.3930, 500.4060, and 500.4061), section 102 as amended by 2000 PA 252, section 830 as amended by 1994 PA 228, section 830a as added by 1994 PA 226, sections 834 and 4060 as amended and section 838 as added by 2004 PA 236, section 836 as amended by 1986 PA 12, section 3930 as added by 1992 PA 84, and section 4061 as added by 1993 PA 349, and by adding sections 836a and 836b. The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The House agreed to the full title. The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

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. The Senate has substituted (S-1) the bill. The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 4480, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 9 and 88c (MCL 125.2009 and 125.2088c), as amended by 2012 PA 145. The Senate has substituted (S-2) the bill. The Senate has passed the bill as substituted (S-2), 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.

House Bill No. 4485, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1202 (MCL 500.1202), as amended by 2012 PA 552. 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 amended the title to read as follows: A bill to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2329 prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” by amending section 1202 (MCL 500.1202), as amended by 2014 PA 150. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 4544, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 527a (MCL 206.527a), as amended by 2011 PA 38. 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.

House Bill No. 4649, entitled A bill to amend 1994 PA 203, entitled “An act to establish certain standards for foster care and adoption services for children and their families; and to prescribe powers and duties of certain state agencies and departments and adoption facilitators,” by amending section 3 (MCL 722.953) and by adding section 8a. The Senate has amended the bill as follows: 1. Amend page 8, line 21, after “effect” by striking out the balance of the enacting section and inserting “April 1, 2015.”. The Senate has passed the bill as amended. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 4736, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17745, 17751, 17754, and 17757 (MCL 333.17745, 333.17751, 333.17754, and 333.17757), sections 17745 and 17757 as amended by 2011 PA 210 and sections 17751 and 17754 as amended by 2012 PA 209, and by adding section 5110. The Senate has substituted (S-3) the bill. The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health main­ tenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; 2330 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85 and to repeal certain parts of this act on specific dates,” by amending sections 17745, 17751, 17754, and 17757 (MCL 333.17745, 333.17751, 333.17754, and 333.17757), as amended by 2014 PA 311, and by adding section 5110. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 4882, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78h (MCL 211.78h), as amended by 2001 PA 96, and by adding section 78q. The Senate has substituted (S-2) the bill. The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 78a and 78h (MCL 211.78a and 211.78h), section 78a as amended by 2008 PA 352 and section 78h as amended by 2001 PA 96, and by adding section 78q. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 4920, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6 (MCL 205.56), as amended by 2012 PA 458. 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.

House Bill No. 4921, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 6 (MCL 205.96), as amended by 2012 PA 585. 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.

House Bill No. 5182, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7kk (MCL 211.7kk), as added by 2006 PA 612. The Senate has substituted (S-3) the bill. The Senate has passed the bill as substituted (S-3), 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.

House Bill No. 5202, entitled A bill to amend 1954 PA 188, entitled “An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds,” by amending sections 7, 8, and 9a (MCL 41.727, 41.728, and 41.729a), section 7 as amended by 1986 PA 180 and section 9a as amended by 1995 PA 139. The Senate has substituted (S-2) the bill. No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2331

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1954 PA 188, entitled “An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds,” by amending section 7 (MCL 41.727), as amended by 1986 PA 180. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 5421, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78g (MCL 211.78g), as amended by 2003 PA 263. The Senate has substituted (S-2) the bill. The Senate has passed the bill as substituted (S-2), 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.

House Bill No. 5744, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2529 (MCL 600.2529), as amended by 2009 PA 239. 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.

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. 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. 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. The Senate has amended the House substitute (H-2) as follows: 1. Amend page 6, line 1, by striking out all of subdivision (g) and section 5. The Senate has concurred in the House substitute (H-2) as amended and ordered that the bill be given immediate effect. The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 5778. Rep. Lyons

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of Senate Bill No. 6. Rep. Farrington 2332 JOURNAL OF THE HOUSE [December 17, 2014] [No. 85

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Detroit’s Recovery and Michigan’s Future from further consideration of Senate Bill No. 295. Rep. Walsh

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of Senate Bill No. 658. Rep. Farrington

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of Senate Bill No. 659. Rep. Farrington

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of Senate Bill No. 752. Rep. Farrington

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of Senate Bill No. 847. Rep. Farrington

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 1075. Rep. Lyons

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of Senate Bill No. 1149. Rep. Haveman

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Elections and Ethics from further consideration of Senate Bill No. 1159. Rep. Lyons

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Elections and Ethics from further consideration of Senate Bill No. 1160. Rep. Lyons

Messages from the Governor

Date: December 16, 2014 Time: 12:48 p.m. To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 5216 (Public Act No. 359, I.E.), being An act to amend 1953 PA 232, entitled “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” (MCL 791.201 to 791.285) by adding section 34d. (Filed with the Secretary of State December 16, 2014, at 4:02 p.m.) No. 85] [December 17, 2014] JOURNAL OF THE HOUSE 2333

Date: December 16, 2014 Time: 12:50 p.m. To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 5217 (Public Act No. 360, I.E.), being An act 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,” (MCL 600.101 to 600.9947) by adding section 2956a. (Filed with the Secretary of State December 16, 2014, at 4:04 p.m.)

Date: December 16, 2014 Time: 12:52 p.m. To the Speaker of the House of Representatives: Sir—I have this day approved and signed Enrolled House Bill No. 5218 (Public Act No. 361, I.E.), being An act 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,” 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). (Filed with the Secretary of State December 16, 2014, at 4:06 p.m.)

______

Rep. Haveman moved that the House adjourn. The motion prevailed, the time being 9:55 p.m.

Associate Speaker Pro Tempore Cotter declared the House adjourned until Thursday, December 18, at 10:00 a.m.

GARY L. RANDALL Clerk of the House of Representatives 2334