No. 53

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2016

House Chamber, Lansing, Tuesday, May 31, 2016.

10:00 a.m.

The House was called to order by Associate Speaker Pro Tempore Franz.

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

Afendoulis—present Garrett—present LaFontaine—present Price—present

Banks—present Gay-Dagnogo—present LaGrand—present Pscholka—present

Barrett—present Geiss—present Lane—present Rendon—present

Bizon—present Glardon—present Lauwers—present Roberts, B.—present

Brinks—present Glenn—present LaVoy—present Roberts, S.—present

Brunner—present Goike—present Leonard—present Robinson—present

Bumstead—present Graves—present Leutheuser—present Runestad—present

Byrd—present Greig—present Liberati—present Rutledge—present

Callton—present Greimel—present Love—present Santana—present

Canfield—present Guerra—present Lucido—present Schor—present

Chang—present Heise—present Lyons—present Sheppard—present

Chatfield—present Hoadley—present Maturen—present Singh—present

Chirkun—present Hooker—present McBroom—present Smiley—present

Clemente—present Hovey-Wright—present McCready—present Somerville—present

Cochran—present Howell—present Miller, A.—present Talabi—present

Cole—present Howrylak—present Moss—present Tedder—present

Cotter—present Hughes—present Muxlow—present Theis—present

Cox—present Iden—present Neeley—present Townsend—present

Crawford—present Inman—present Nesbitt—present Vaupel—present

Darany—present Irwin—present Outman—present VerHeulen—present

Dianda—present Jacobsen—present Pagan—present Victory—present

Driskell—present Jenkins—present Pagel—present Webber—present

Durhal—present Johnson—present Pettalia—present Whiteford—present

Faris—present Kelly—present Phelps—present Wittenberg—present

Farrington—present Kesto—present Plawecki—present Yanez—present

Forlini—present Kivela—present Poleski—present Yonker—present

Franz—present Kosowski—present Potvin—present Zemke—present

Garcia—present

e/d/s = entered during session

Pastor Randy Wheeler, Pastor of Twin Oaks Christian Church in Woodhaven, offered the following invocation:

“Our heavenly Father, our wise Creator, Lord over all,

On this, another day of business in the Michigan House of Representatives, we pause for a moment to seek Your favor. We ask Your blessing on these men and women who give their time to serve this great state. It is often a thankless job. They carry the weight of many important decisions on their shoulders and so many times, Lord, the answers aren’t easy to find. But You promise in Your word that when we need wisdom we only need to seek You, and You will generously give it. May these representatives humble themselves before You and find in You the answers they need.

Father, in so many ways You have abundantly blessed this state – from the scenic beauty found shore to shore; the natural resources that provide crops and minerals and recreation; to the heart of our people who generously help those in need and tirelessly work to make a better Michigan and a better America. Father, we thank You for these blessings.

At the same time, Lord, our state faces many challenges. Please help these representatives and our people rise up to meet those challenges. May we come together as not just Democrats and Republicans and Independents, but rather as Michiganders – one people united for the common good; laying aside personal and party agendas to put the needs of others first. May You be honored in all that is said and done here today.

Father, bless this place today with Your presence and Your guidance. This we ask in the name of Your son, Jesus Christ,

Amen.”

______

The Speaker Pro Tempore assumed the Chair.

______

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

The motion prevailed.

______

The Speaker assumed the Chair.

Motions and Resolutions

Reps. Darany, Plawecki, Chang, Cochran, Driskell, Faris, Greig, LaVoy, Liberati, Love, Singh and Wittenberg offered the following resolution:

House Resolution No. 304.

A resolution to offer best wishes to Muslims in Michigan and worldwide, a joyous and meaningful observance of Ramadan, a holy month of reflection and prayer.

Whereas, There are about 1.6 billion Muslims in the world, which equates to roughly 23 percent of the global population. Muslims are the fastest-growing religious group in the world and are one of the largest and most productive populations residing in Southeast Michigan; and

Whereas, The month of Ramadan is observed in dedication to the Islamic principles and in commemoration of the month in which the holy Quran was revealed to prophet Muhammad; and

Whereas, Muslims around the world will observe Ramadan by fasting, emphasizing self-discipline, worshipping, and reading the holy Quran in order to focus on values such as patience, humility, and spirituality. For 30 days, followers of Islam pray and refrain from eating, drinking, smoking, cursing, and impure thoughts; and

Whereas, Fasting and praying during Ramadan is meant to purify the body and spirit and bring the faith closer to God. During this month Muslims spend this time in reflection and prayer, while strengthening the bonds of family and friendship; and

Whereas, This month of sacrifice and contemplation begins on or about the evening of Sunday, June 5, and continues until on or about the evening of Tuesday, July 5, with Eid al-Fitr. Eid al-Fitr is the feast of fast-breaking and the celebration of Prophet Abraham’s sacrifice that embraces special prayers and meals; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body offer best wishes to Muslims in Michigan and worldwide, a joyous and meaningful observance of Ramadan, a holy month of reflection and prayer. We celebrate Eid al-Fitr, when we convey to our Muslim friends and neighbors Eid Mubarak!

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 153.

A resolution to encourage the United States Forest Service to issue the owners of privately held hunting camps on leased acres within the Ottawa National Forest special use authorization under the Recreation Residence Program.

(For text of resolution, see House Journal No. 75 of 2015, p. 1687.)

(The resolution was reported by the Committee on Tourism and Outdoor Recreation on May 11.)

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 5017, entitled

A bill to amend 2003 PA 215, entitled “Credit union act,” by amending the title and sections 102, 103, 202, 214, 304, 305, 342, 345, 353, 355, 357, 401, 408, 409, 423, 431, and 432 (MCL 490.102, 490.103, 490.202, 490.214, 490.304, 490.305, 490.342, 490.345, 490.353, 490.355, 490.357, 490.401, 490.408, 490.409, 490.423, 490.431, and 490.432), sections 102, 214, 304, 342, 345, 357, 401, and 423 as amended by 2004 PA 471.

(The bill was received from the Senate on May 18, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 19, see House Journal No. 48, p. 884.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 327 Yeas—109

Afendoulis Garrett LaFontaine Price

Banks Gay-Dagnogo LaGrand Pscholka

Barrett Geiss Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Robinson

Bumstead Graves Leutheuser Runestad

Byrd Greig Liberati Rutledge

Callton Greimel Love Santana

Canfield Guerra Lucido Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Singh

Chirkun Hooker McBroom Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howell Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Theis

Cox Iden Neeley Townsend

Crawford Inman Nesbitt Vaupel

Darany Irwin Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Whiteford

Faris Kelly Phelps Wittenberg

Farrington Kesto Plawecki Yanez

Forlini Kivela Poleski Yonker

Franz Kosowski Potvin Zemke

Garcia

Nays—0

In The Chair: Cotter

The House agreed to the full title.

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

______

The Speaker called the Speaker Pro Tempore to the Chair.

The Speaker laid before the House

House Bill No. 5018, entitled

A bill to amend 2003 PA 215, entitled “Credit union act,” by amending sections 201, 210, 221, 303, 306, and 341 (MCL 490.201, 490.210, 490.221, 490.303, 490.306, and 490.341), sections 201 and 341 as amended by 2004 PA 471.

(The bill was received from the Senate on May 18, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 19, see House Journal No. 48, p. 884.)

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. 328 Yeas—109

Afendoulis Garrett LaFontaine Price

Banks Gay-Dagnogo LaGrand Pscholka

Barrett Geiss Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Robinson

Bumstead Graves Leutheuser Runestad

Byrd Greig Liberati Rutledge

Callton Greimel Love Santana

Canfield Guerra Lucido Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Singh

Chirkun Hooker McBroom Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howell Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Theis

Cox Iden Neeley Townsend

Crawford Inman Nesbitt Vaupel

Darany Irwin Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Whiteford

Faris Kelly Phelps Wittenberg

Farrington Kesto Plawecki Yanez

Forlini Kivela Poleski Yonker

Franz Kosowski Potvin Zemke

Garcia

Nays—0

In The Chair: Leonard

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. 5019, entitled

A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 407 (MCL 490.407), as amended by 2004 PA 471.

(The bill was received from the Senate on May 18, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 19, see House Journal No. 48, p. 885.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 329 Yeas—109

Afendoulis Garrett LaFontaine Price

Banks Gay-Dagnogo LaGrand Pscholka

Barrett Geiss Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Robinson

Bumstead Graves Leutheuser Runestad

Byrd Greig Liberati Rutledge

Callton Greimel Love Santana

Canfield Guerra Lucido Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Singh

Chirkun Hooker McBroom Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howell Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Theis

Cox Iden Neeley Townsend

Crawford Inman Nesbitt Vaupel

Darany Irwin Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Whiteford

Faris Kelly Phelps Wittenberg

Farrington Kesto Plawecki Yanez

Forlini Kivela Poleski Yonker

Franz Kosowski Potvin Zemke

Garcia

Nays—0

In The Chair: Leonard

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. 5020, entitled

A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 207 (MCL 490.207).

(The bill was received from the Senate on May 18, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 19, see House Journal No. 48, p. 885.)

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. 330 Yeas—109

Afendoulis Garrett LaFontaine Price

Banks Gay-Dagnogo LaGrand Pscholka

Barrett Geiss Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Robinson

Bumstead Graves Leutheuser Runestad

Byrd Greig Liberati Rutledge

Callton Greimel Love Santana

Canfield Guerra Lucido Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Singh

Chirkun Hooker McBroom Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howell Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Theis

Cox Iden Neeley Townsend

Crawford Inman Nesbitt Vaupel

Darany Irwin Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Whiteford

Faris Kelly Phelps Wittenberg

Farrington Kesto Plawecki Yanez

Forlini Kivela Poleski Yonker

Franz Kosowski Potvin Zemke

Garcia

Nays—0

In The Chair: Leonard

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. 5021, entitled

A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 371 (MCL 490.371), as amended by 2004 PA 471.

(The bill was received from the Senate on May 18, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 19, see House Journal No. 48, p. 885.)

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. 331 Yeas—109

Afendoulis Garrett LaFontaine Price

Banks Gay-Dagnogo LaGrand Pscholka

Barrett Geiss Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Robinson

Bumstead Graves Leutheuser Runestad

Byrd Greig Liberati Rutledge

Callton Greimel Love Santana

Canfield Guerra Lucido Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Singh

Chirkun Hooker McBroom Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howell Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Theis

Cox Iden Neeley Townsend

Crawford Inman Nesbitt Vaupel

Darany Irwin Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Whiteford

Faris Kelly Phelps Wittenberg

Farrington Kesto Plawecki Yanez

Forlini Kivela Poleski Yonker

Franz Kosowski Potvin Zemke

Garcia

Nays—0

In The Chair: Leonard

The House agreed to the full title.

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

______

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

The Speaker laid before the House

House Bill No. 5022, entitled

A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 411 (MCL 490.411).

(The bill was received from the Senate on May 18, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 19, see House Journal No. 48, p. 885.)

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. 332 Yeas—107

Afendoulis Garcia Kosowski Price

Banks Garrett LaFontaine Pscholka

Barrett Gay-Dagnogo Lane Rendon

Bizon Geiss Lauwers Roberts, B.

Brinks Glardon LaVoy Roberts, S.

Brunner Glenn Leonard Runestad

Bumstead Goike Leutheuser Rutledge

Byrd Graves Liberati Santana

Callton Greig Love Schor

Canfield Greimel Lucido Sheppard

Chang Guerra Lyons Singh

Chatfield Heise Maturen Smiley

Chirkun Hoadley McBroom Somerville

Clemente Hooker McCready Talabi

Cochran Hovey-Wright Miller, A. Tedder

Cole Howell Moss Theis

Cotter Howrylak Muxlow Townsend

Cox Hughes Neeley Vaupel

Crawford Iden Nesbitt VerHeulen

Darany Inman Outman Victory

Dianda Irwin Pagan Webber

Driskell Jacobsen Pagel Whiteford

Durhal Jenkins Pettalia Wittenberg

Faris Johnson Phelps Yanez

Farrington Kelly Plawecki Yonker

Forlini Kesto Poleski Zemke

Franz Kivela Potvin

Nays—2

LaGrand Robinson

In The Chair: Franz

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. 5395, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5204e (MCL 324.5204e), as added by 2012 PA 511.

(The bill was received from the Senate on May 24, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 25, see House Journal No. 50, p. 927.)

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. 333 Yeas—103

Afendoulis Garcia LaFontaine Potvin

Banks Geiss LaGrand Price

Barrett Glardon Lane Pscholka

Bizon Glenn Lauwers Rendon

Brinks Goike LaVoy Roberts, B.

Brunner Graves Leonard Roberts, S.

Bumstead Greig Leutheuser Runestad

Byrd Greimel Liberati Rutledge

Callton Guerra Love Santana

Canfield Heise Lucido Schor

Chang Hoadley Lyons Sheppard

Chatfield Hooker Maturen Smiley

Chirkun Hovey-Wright McBroom Somerville

Clemente Howell McCready Talabi

Cole Howrylak Miller, A. Tedder

Cotter Hughes Moss Theis

Cox Iden Muxlow Vaupel

Crawford Inman Neeley VerHeulen

Darany Irwin Nesbitt Victory

Dianda Jacobsen Outman Webber

Driskell Jenkins Pagan Whiteford

Durhal Johnson Pagel Wittenberg

Faris Kelly Pettalia Yanez

Farrington Kesto Phelps Yonker

Forlini Kivela Plawecki Zemke

Franz Kosowski Poleski

Nays—6

Cochran Gay-Dagnogo Singh Townsend

Garrett Robinson

In The Chair: Franz

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. 4344, entitled

A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2, 18, 22, and 30 as amended and section 2a as added by 1988 PA 254, section 10 as amended by 2000 PA 366, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 10a, 13a, 13b, and 32a.

(The bill was received from the Senate on May 17, with substitute (S-4), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 18, see House Journal No. 47, p. 850.)

The question being on concurring in the substitute (S-4) made to the bill by the Senate,

Rep. Pettalia moved to amend the Senate substitute (S-4) as follows:

1. Amend page 23, following line 14, by inserting:

(D) A PART THAT DOES NOT MEET SUBDIVISION (A), (B), OR (C), IF THE FACILITY IS DIRECTED BY THE OWNER OF THE MOTOR VEHICLE IN WRITING TO INSTALL THAT PART.”.

2. Amend page 48, line 25, after “THE” by striking out “DIRECTOR” and inserting “ADMINISTRATOR”.

3. Amend page 49, line 6, by striking out “DIRECTOR” and inserting “ADMINISTRATOR”.

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-4) made to the bill by the Senate,

The substitute (S-4), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 334 Yeas—86

Banks Forlini LaFontaine Plawecki

Barrett Franz LaGrand Poleski

Bizon Garrett Lane Potvin

Brinks Gay-Dagnogo Lauwers Rendon

Brunner Geiss LaVoy Roberts, B.

Bumstead Glardon Leonard Roberts, S.

Byrd Goike Leutheuser Rutledge

Callton Graves Liberati Santana

Canfield Greig Love Schor

Chang Greimel Lucido Sheppard

Chirkun Guerra Maturen Singh

Clemente Heise McBroom Smiley

Cochran Hoadley McCready Somerville

Cotter Hovey-Wright Moss Talabi

Cox Hughes Muxlow Tedder

Crawford Iden Neeley Townsend

Darany Inman Nesbitt Vaupel

Dianda Jacobsen Outman Webber

Driskell Jenkins Pagan Wittenberg

Durhal Johnson Pettalia Yonker

Faris Kivela Phelps Zemke

Farrington Kosowski

Nays—23

Afendoulis Howell Miller, A. Theis

Chatfield Howrylak Pagel VerHeulen

Cole Irwin Price Victory

Garcia Kelly Pscholka Whiteford

Glenn Kesto Robinson Yanez

Hooker Lyons Runestad

In The Chair: Franz

The House agreed to the title as amended.

Third Reading of Bills

Senate Bill No. 481, entitled

A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending sections 3 and 11 (MCL 123.1133 and 123.1141), as amended by 2003 PA 135, and by adding section 12.

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

Roll Call No. 335 Yeas—104

Afendoulis Garcia Kosowski Potvin

Banks Garrett LaFontaine Price

Barrett Gay-Dagnogo LaGrand Pscholka

Bizon Geiss Lane Rendon

Brinks Glardon Lauwers Roberts, B.

Brunner Goike LaVoy Roberts, S.

Bumstead Graves Leonard Runestad

Byrd Greig Leutheuser Rutledge

Callton Greimel Liberati Santana

Canfield Guerra Love Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Singh

Chirkun Hooker McBroom Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howell Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Townsend

Cox Iden Neeley Vaupel

Crawford Inman Nesbitt VerHeulen

Darany Irwin Outman Victory

Dianda Jacobsen Pagan Webber

Driskell Jenkins Pagel Whiteford

Durhal Johnson Pettalia Wittenberg

Faris Kelly Phelps Yanez

Forlini Kesto Plawecki Yonker

Franz Kivela Poleski Zemke

Nays—5

Farrington Lucido Robinson Theis

Glenn

In The Chair: Franz

The question being on agreeing to the title of the bill,

Rep. Nesbitt moved to amend the title to read as follows:

A bill to amend 2000 PA 321, entitled “An act to provide for the establishment of recreational authorities; to provide powers and duties of an authority; to authorize the assessment of a fee, the levy of a property tax, and the issuance of bonds and notes by an authority; and to provide for the powers and duties of certain government officials,” by amending section 11 (MCL 123.1141), as amended by 2003 PA 135, and by adding section 12.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 5532, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending section 6101 (MCL 289.6101), as amended by 2012 PA 178.

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

Roll Call No. 336 Yeas—57

Barrett Glenn Kesto Pettalia

Bizon Goike LaFontaine Potvin

Bumstead Graves Lauwers Price

Callton Heise Leonard Rendon

Canfield Hooker Leutheuser Runestad

Chatfield Howell Lyons Sheppard

Cole Howrylak Maturen Somerville

Cotter Hughes McBroom Tedder

Cox Iden McCready Theis

Crawford Inman Miller, A. Vaupel

Farrington Jacobsen Muxlow VerHeulen

Forlini Jenkins Nesbitt Victory

Franz Johnson Outman Webber

Garcia Kelly Pagel Whiteford

Glardon

Nays—52

Afendoulis Faris Lane Roberts, S.

Banks Garrett LaVoy Robinson

Brinks Gay-Dagnogo Liberati Rutledge

Brunner Geiss Love Santana

Byrd Greig Lucido Schor

Chang Greimel Moss Singh

Chirkun Guerra Neeley Smiley

Clemente Hoadley Pagan Talabi

Cochran Hovey-Wright Phelps Townsend

Darany Irwin Plawecki Wittenberg

Dianda Kivela Poleski Yanez

Driskell Kosowski Pscholka Yonker

Durhal LaGrand Roberts, B. Zemke

In The Chair: Franz

The House agreed to the title of the bill.

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

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

______

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

“Mr. Speaker and members of the House:

I believe it would be manifestly unwise for any responsible commercial purchaser of mushrooms to make such a purchase from someone who is not very thoroughly trained, responsible and certified to identify an edible mushroom.

No commercial user of mushrooms would risk their very substantial businesses by making a purchase of such a risky product in anything other than a very assured fashion.

Thank you, Mr. Speaker, for this opportunity to explain my vote on HB 5532.”

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

“Mr. Speaker and members of the House:

I voted no on House Bill 5532 because it poses a great threat to our public health, and, as legislators, I believe it is our duty to protect the health and safety of our constituents and the citizens of Michigan.

Mushrooms that are mistaken as morel mushrooms can be poisonous to humans, causing not just sickness, but even death. Thousands of cases of mushroom poisoning are reported across the country every year, with Michigan being the leading state in the country for mushroom poisoning. During the 2014 morel season, 46 people were poisoned from eating what they thought were real morels, but were poisonous look-a-likes.

Given these statistics, I feel it is important to maintain our current certification system. This quick, relatively inexpensive process provides a basic training for those who wish to sell the mushrooms they pick, and the certification they receive is good for five years.

Public health is about prevention – preventing health issues before they happen. Our certification requirement can help continue to prevent sickness, and even death, from false morels, while promoting our local food and culinary movements.

For these reasons, I did not support the passage of House Bill 5532.”

House Bill No. 4136, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1166 (MCL 380.1166).

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

Roll Call No. 337 Yeas—82

Afendoulis Glardon LaGrand Poleski

Barrett Glenn Lane Price

Brinks Goike Lauwers Rendon

Callton Graves LaVoy Roberts, B.

Canfield Greimel Leonard Runestad

Chang Guerra Leutheuser Santana

Chatfield Heise Lucido Schor

Chirkun Hoadley Lyons Sheppard

Cole Hooker Maturen Smiley

Cotter Howell McBroom Somerville

Cox Howrylak McCready Tedder

Crawford Hughes Miller, A. Theis

Dianda Iden Moss Townsend

Driskell Inman Muxlow Vaupel

Faris Jacobsen Nesbitt VerHeulen

Farrington Jenkins Outman Victory

Forlini Johnson Pagan Webber

Franz Kelly Pettalia Whiteford

Garcia Kesto Phelps Yonker

Garrett Kosowski Plawecki Zemke

Geiss LaFontaine

Nays—27

Banks Darany Liberati Robinson

Bizon Durhal Love Rutledge

Brunner Gay-Dagnogo Neeley Singh

Bumstead Greig Pagel Talabi

Byrd Hovey-Wright Potvin Wittenberg

Clemente Irwin Pscholka Yanez

Cochran Kivela Roberts, S.

In The Chair: Franz

The House agreed to the title of the bill.

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

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

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

“Mr. Speaker and members of the House:

While I fully support civics as part of a school curriculum and the use of that curriculum as path to matriculation, I firmly believe this bill sets the bar too low. Mandatory requirements for graduation are mandatory for a reason. They should be held in the highest regard and not relegated to a level of ‘barely good enough.’ Our children deserve better and our parents, teachers, administrators and certainly legislators should demand better.”

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

“Mr. Speaker and members of the House:

I voted no on HB4136, the Citizenship Exam requirement, for several reasons: If the purpose is to better educate kids on Civics topics, we should be incorporating more topics into the curriculum, not adding easy-to-pass tests as a requirement of graduation. A test that can be taken as many times as needed to pass, and only requires 60% to pass, and requires IT development and changes to report on the transcript, is not a solution. This bill wastes taxpayer dollars and will not produce better citizens.”

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

“Mr. Speaker and members of the House:

I strongly support having a strong curriculum regarding civics in our schools. Unfortunately, HB 4136 doesn’t add to the current comprehensive curriculum for civics in our high schools. Local control already allows for school districts to utilize the US Citizenship test as part of the curriculum and testing if they so choose. Since students can take this test multiple times without consequence until they pass the test with passing only requiring 60% being accurate, it doesn’t show a student’s true mastering of the subject. If we are going to require teachers to teach toward this test we should ensure that the test has additional value to the current curriculum. In addition, passing a test should require more than 60% correct. The requirement to place this on a student’s transcript creates an undue burden on a school district for a test that doesn’t accurately test a student’s comprehension of American government and civics.”

Senate Bill No. 844, entitled

A bill to authorize the state administrative board to convey state-owned property in Ingham County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

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

Roll Call No. 338 Yeas—108

Afendoulis Garcia Kosowski Potvin

Banks Garrett LaFontaine Price

Barrett Gay-Dagnogo LaGrand Pscholka

Bizon Geiss Lane Rendon

Brinks Glardon Lauwers Roberts, B.

Brunner Glenn LaVoy Roberts, S.

Bumstead Goike Leonard Runestad

Byrd Graves Leutheuser Rutledge

Callton Greig Liberati Santana

Canfield Greimel Love Schor

Chang Guerra Lucido Sheppard

Chatfield Heise Lyons Singh

Chirkun Hoadley Maturen Smiley

Clemente Hooker McBroom Somerville

Cochran Hovey-Wright McCready Talabi

Cole Howell Miller, A. Tedder

Cotter Howrylak Moss Theis

Cox Hughes Muxlow Townsend

Crawford Iden Neeley Vaupel

Darany Inman Nesbitt VerHeulen

Dianda Irwin Outman Victory

Driskell Jacobsen Pagan Webber

Durhal Jenkins Pagel Whiteford

Faris Johnson Pettalia Wittenberg

Farrington Kelly Phelps Yanez

Forlini Kesto Plawecki Yonker

Franz Kivela Poleski Zemke

Nays—1

Robinson

In The Chair: Franz

The House agreed to the title of the bill.

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

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

House Bill No. 5463, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2015 PA 186.

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

Roll Call No. 339 Yeas—71

Afendoulis Geiss LaFontaine Pscholka

Barrett Glardon Lane Rendon

Bizon Glenn Lauwers Roberts, B.

Brinks Goike Leonard Runestad

Brunner Graves Leutheuser Santana

Bumstead Heise Lyons Schor

Callton Hooker Maturen Sheppard

Canfield Howell McBroom Somerville

Chatfield Hughes McCready Tedder

Clemente Iden Miller, A. Theis

Cole Inman Muxlow Vaupel

Cotter Jacobsen Nesbitt VerHeulen

Cox Jenkins Outman Victory

Crawford Johnson Pagel Webber

Dianda Kelly Pettalia Whiteford

Forlini Kesto Phelps Yanez

Franz Kivela Potvin Yonker

Garcia Kosowski Price

Nays—38

Banks Garrett LaVoy Roberts, S.

Byrd Gay-Dagnogo Liberati Robinson

Chang Greig Love Rutledge

Chirkun Greimel Lucido Singh

Cochran Guerra Moss Smiley

Darany Hoadley Neeley Talabi

Driskell Hovey-Wright Pagan Townsend

Durhal Howrylak Plawecki Wittenberg

Faris Irwin Poleski Zemke

Farrington LaGrand

In The Chair: Franz

The House agreed to the title of the bill.

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

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

______

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

“Mr. Speaker and members of the House:

I understand the motivation of the sponsor to offer students more options. However, I believe our students benefit greatly from multi-lingual capability. I believe that to allow that requirement to be fulfilled with courses other than foreign languages is unwise in the long run.

When I mentioned this bill to a friend who is an Information Technology professional, he mentioned that he learned COBOL and FORTRAN while in high school. Those languages are deader than Latin. Let’s teach kids languages they can use for a lifetime.

Thank you, Mr. Speaker, for this opportunity to explain my no vote on HB 5463.”

Second Reading of Bills

Senate Bill No. 428, entitled

A bill to establish the American Red Cross Michigan fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 429, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92.

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

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

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

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

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

The motion prevailed.

Senate Bill No. 672, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5109 (MCL 700.5109), as added by 2011 PA 61.

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

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

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

The motion prevailed.

Senate Bill No. 292, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 367 (MCL 18.1367), as amended by 1999 PA 8.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 610, entitled

A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 67 (MCL 559.167), as amended by 2002 PA 283.

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

The motion prevailed.

House Bill No. 5429, entitled

A bill to amend 1998 PA 362, entitled “Michigan marina and boatyard storage lien act,” by amending sections 2, 3, 4, 5, and 6 (MCL 570.372, 570.373, 570.374, 570.375, and 570.376).

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

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

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

The motion prevailed.

House Bill No. 5599, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21502, 21503, 21508, 21510, 21510a, 21510c, 21515, 21516, 21521, and 21526 (MCL 324.21502, 324.21503, 324.21508, 324.21510, 324.21510a, 324.21510c, 324.21515, 324.21516, 324.21521, and 324.21526), sections 21502, 21503, 21508, 21510, 21515, 21516, 21521, and 21526 as amended and sections 21510a and 21510c as added by 2014 PA 416, and by adding section 21510d.

The bill was read a second time.

Rep. LaFontaine 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

Motions and Resolutions

Rep. Yonker moved that when the House adjourns today it stand adjourned until Wednesday, June 1, 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 reproduced and made available electronically on Thursday, May 26:

House Bill Nos. 5700 5701 5702 5703 5704 5705 5706 5707

The Clerk announced that the following Senate bills had been received on Tuesday, May 31:

Senate Bill Nos. 189 190 557 647 833 886 954

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, May 31:

Senate Bill Nos. 999 1000 1001 1002 1003 1004 1005 1006 1007 1008

Messages from the Senate

House Bill No. 4578, entitled

A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending section 3 (MCL 123.1133), as amended by 2003 PA 135.

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.

Messages from the Governor

Date: May 25, 2016

Time: 8:50 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5182 (Public Act No. 129, I.E.), being

An act to amend 1893 PA 116, entitled “An act to provide for the maintenance, management and control, of the Michigan school for the deaf, and to repeal all laws inconsistent herewith,” by amending section 1 (MCL 393.51).

(Filed with the Secretary of State May 26, 2016, at 10:50 a.m.)

Date: May 25, 2016

Time: 8:52 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5183 (Public Act No. 130, I.E.), being

An act to amend 1937 PA 72, entitled “An act to establish the division on deafness and the advisory council on deafness within the department of labor; to prescribe the powers and duties of the department, the division, the council, and certain state officers; to establish a fund and provide for expenditures from that fund; and to provide for an appropriation,” by amending section 3 (MCL 408.203), as amended by 1988 PA 434.

(Filed with the Secretary of State May 26, 2016, at 10:52 a.m.)

Date: May 25, 2016

Time: 8:54 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5184 (Public Act No. 131, I.E.), being

An act to amend 1937 PA 72, entitled “An act to establish the division on deafness and the advisory council on deafness within the department of labor; to prescribe the powers and duties of the department, the division, the council, and certain state officers; to establish a fund and provide for expenditures from that fund; and to provide for an appropriation,” by amending section 5 (MCL 408.205), as amended by 1988 PA 434.

(Filed with the Secretary of State May 26, 2016, at 10:54 a.m.)

Date: May 25, 2016

Time: 8:56 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5185 (Public Act No. 132, I.E.), being

An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 221 (MCL 750.221).

(Filed with the Secretary of State May 26, 2016, at 10:56 a.m.)

Date: May 25, 2016

Time: 8:58 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5186 (Public Act No. 133, I.E.), being

An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 1534 (MCL 380.1534).

(Filed with the Secretary of State May 26, 2016, at 10:58 a.m.)

Date: May 25, 2016

Time: 9:00 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5187 (Public Act No. 134, I.E.), being

An act to amend 1899 PA 44, entitled “An act to provide for the publication and distribution of publications, laws, and documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published; to provide for the replacing of publications lost by fire or otherwise; to provide for the publication and distribution of the Michigan manual; to provide for duties of certain state and local government departments and agencies; to establish certain funds; and to provide for certain penalties and remedies,” by amending section 34 (MCL 24.34).

(Filed with the Secretary of State May 26, 2016, at 11:00 a.m.)

Date: May 26, 2016

Time: 9:32 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5188 (Public Act No. 135, I.E.), being

An act to amend 1937 PA 72, entitled “An act to establish the division on deafness and the advisory council on deafness within the department of labor; to prescribe the powers and duties of the department, the division, the council, and certain state officers; to establish a fund and provide for expenditures from that fund; and to provide for an appropriation,” by amending section 4 (MCL 408.204), as amended by 1988 PA 434.

(Filed with the Secretary of State May 26, 2016, at 11:02 a.m.)

The following message from the Governor was received May 26, 2016 and read:

EXECUTIVE ORDER

No. 2016 - 11

MICHIGAN STATEWIDE INDEPENDENT LIVING COUNCIL

EXECUTIVE OFFICE OF THE GOVERNOR

RESCISSION OF

EXECUTIVE ORDERS 2007-49 AND 2012-15

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that the Governor shall take care that the laws be faithfully executed; and

WHEREAS, many Michigan residents have one or more disabilities; and

WHEREAS, disability is a natural part of the human experience and in no way diminishes the right of an individual with a disability to live independently, enjoy self-determination, make choices, contribute to society, pursue a meaningful career, and enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of our society; and

WHEREAS, the state of Michigan shares the goals of the federal government of providing individuals with disabilities the tools necessary to make informed choices and decisions and to achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency; and

WHEREAS, under Section 705 of the Rehabilitation Act of 1973, as amended, 29 USC § 796d(a), to be eligible to receive federal assistance under Title VII of the Rehabilitation Act of 1973, as amended, a state must establish a statewide independent living council, which may not be established as an entity within a state agency; and

WHEREAS, Sections 474 and 475 of the Workforce Innovation and Opportunity Act, Public Law 113-128, have amended the Rehabilitation Act of 1973 to alter and expand the responsibilities of statewide independent living councils; and

WHEREAS, reestablishment of the Michigan Statewide Independent Living Council, organized under Executive Order 1994-23, then reestablished by Executive Order 2007-49, and amended by Executive Order 2012-15, is necessary to appropriately reflect the current organizational structure of state government and to comply with federal law; and

WHEREAS, reestablishment of the Michigan Statewide Independent Living Council will improve working relationships among entities providing services to individuals with disabilities, centers for independent living and the Michigan Statewide Independent Living Council;

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

A. “Center for independent living” means that phrase as defined under Section 702 of the Rehabilitation Act of 1973, as amended, 29 USC § 796a(2).

B. “Council” means the Michigan Statewide Independent Living Council created within the Executive Office of the Governor by this Order.

C. “Disability” means that term as defined under Section 7 of the Rehabilitation Act of 1973, as amended, 29 USC § 705(9).

D. “Designated State Entity” means that term as defined under Section 704 of the Rehabilitation Act of 1973, as amended, 29 USC § 796c(c). Until otherwise designated in the State Plan, Designated State Entity responsibilities in Michigan will lie with Michigan Rehabilitative Services and the Bureau of Services for Blind Persons.

E. “Independent living services” means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, as amended, 29 USC § 705(18).

F. “Individual with a disability” means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, as amended, 29 USC § 705(20).

G. “Michigan Rehabilitation Services” means the bureau within the Department of Health and Human Services that serves as the state general rehabilitation agency for individuals with disabilities, except those who are blind, and that is responsible for administration of the vocational rehabilitation program under the Rehabilitation Act of 1964, 1964 PA 232, MCL 395.81 to 395.90.

H. “Bureau of Services for Blind Persons” means the bureau created as a Type II agency within the Department of Licensing and Regulatory Affairs by Executive Order 2012-5, MCL 445.2033.

I. “Personal assistance services” means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC § 705(28).

J. “State Plan” means the state plan for independent living jointly developed by the Council and centers for independent living as required by Section 704 of the Rehabilitation Act of 1973, as amended, 29 USC § 796c.

II. CREATION OF MICHIGAN STATEWIDE INDEPENDENT LIVING COUNCIL

A. The Michigan Statewide Independent Living Council is created within the Executive Office of the Governor.

B. The Council shall include sixteen (16) members that provide statewide representation, represent a broad range of individuals with disabilities from diverse backgrounds and are knowledgeable about centers for independent living and independent living services.

C. The Council shall include the following eleven (11) voting members appointed by the Governor after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities:

1. One director of a center for independent living chosen by the directors of centers for independent living within this state.

2. One individual representing parents or guardians of individuals with disabilities.

3. One individual representing advocates of, and for, individuals with disabilities.

4. One individual representing organizations that provide services for individuals with disabilities, including, but not limited to, private businesses.

5. Seven other residents of this state including residents who represent the underserved or tribal communities.

D. In addition to the voting members of the Council appointed under Section II.C., the Council shall include the following five (5) non-voting ex officio members:

1. The Director or designee of Michigan Rehabilitation Services.

2. The Director of designee of the Bureau of Services for Blind Persons.

3. A representative from the Michigan Department of Civil Rights, designated by the Director of the Michigan Department of Civil Rights, who works in the Division on Deaf, Deafblind and Hard of Hearing.

4. A representative from the Michigan Department Education, designated by the Superintendent of Public Instruction, who works in the Office of Special Education.

5. A representative from the Department of Health and Human Services, designated by the Director of the Department of Health and Human Services, with knowledge of all programs within the Department of Health and Human Services impacting individuals with disabilities.

E. Of the voting members of the Council initially appointed by the Governor under Section II.C., three (3) members shall be appointed for a term expiring on December 31, 2017, four (4) members shall be appointed for a term expiring on December 31, 2018, and the remaining four (4) members shall be appointed for a term expiring on December 31, 2019. After the initial appointments, members shall be appointed for terms of three (3) years.

F. A majority of the voting members of the Council must be individuals with disabilities, as defined by 34 CFR Part 364, and not employed by any state agency or center for independent living.

G. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A vacancy shall not affect the power of the remaining members to exercise the duties of the Council.

H. No member of the Council appointed by the Governor under Section II.C. may serve more than two consecutive full terms.

III. CHARGE TO THE COUNCIL

A. The Council shall do all of the following:

1. Jointly develop and sign, in conjunction with the centers for independent living, along with Michigan Rehabilitation Services and Bureau of Services for Blind Persons acting as the Designated State Entities for the resource plan, the State Plan in compliance with Section 704 of the Rehabilitation Act of 1973, as amended, 29 USC § 796c.

2. Monitor, review, and evaluate the implementation of the State Plan.

3. Ensure that all regularly scheduled meetings of the Council are open to the public and that sufficient advance notice is provided.

4. Work with centers for independent living to coordinate services with public and private entities to improve services provided to individuals with disabilities.

5. Conduct resource development activities to support the Council and the provision of independent living services by centers for independent living.

6. Submit reports to the United States Department of Health and Human Services as the Administrator of the Administration for Community Living may reasonably request. Keep records, and provide access to the records, as the Administrator finds necessary to verify the reports. Copies of any reports submitted under this paragraph shall be transmitted to the Governor and the members of the Council.

7. Perform other functions, consistent with the mission of the Council and state and federal law.

IV. OPERATIONS OF THE COUNCIL

A. The Council shall select from among the voting members of the Council a member to serve as Chairperson of the Council and may select from among the voting members of the Council other officers as the Council deems necessary.

B. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council’s business. The Council shall act by a majority vote of the voting members of the Council serving.

C. The Council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Council.

D. The Council shall hold hearings and forums as the Council determines necessary to carry out the duties of the Council.

E. The Council shall prepare, in conjunction with the Designated State Entities, a resource plan for the provision of resources, including staff and personnel, as may be necessary and sufficient to carry out the State Plan, with funds made available under Title VII of the Rehabilitation Act of 1973, as amended, and under Section 110 of Rehabilitation Act of 1973, 29 USC § 730, consistent with Section 101(a)(18) of the Rehabilitation Act of 1973, 29 USC § 721(a)(18), and from other public and private sources. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the resource plan.

F. The Council shall supervise and evaluate staff and personnel performing duties for the Council under the resource plan adopted under Section IV.E. as may be necessary to carry out the functions of the Council under this Order.

G. While assisting the Council in carrying out its duties, staff and other personnel performing duties pursuant to the resource plan adopted under Section IV.E. shall not be assigned duties by any other agency or office of this state that would create a conflict of interest.

H. In accordance with federal law, the Council may use resources available under the resource plan adopted under Section IV.H. to (1) reimburse members of the Council for reasonable and necessary expenses of attending Council meetings or (2) pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council duties.

I. The Council may enter into agreements with state departments and agencies to assist the Council in the performance of its duties and responsibilities under this Order.

J. Subject to the Governor’s approval, the Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Commission and the performance of its duties, as the Governor deems advisable and necessary in accordance with the relevant statutes, rules, and procedures or the Civil Service Commission and the Department of Technology, Management and Budget.

K. The Council may accept donations of labor, services, or other things of value from any public or private agency or person.

L. All state departments and agencies shall cooperate, to their best ability, with the Council in the performance of its duties and responsibilities under this Order. The Council may request of state departments and agencies information and assistance as the Council requires in the performance of its duties and responsibilities under this Order.

M. Members of the Council and staff shall refer all legal, legislative, and media contacts relating to Council actions or activities to the Office of the Governor.

V. MISCELLANEOUS

A. Executive Order 2012-15 is rescinded. Executive Order 2007-49 is rescinded. Executive Order 1994-23, which was rescinded by Executive Order 2007-49, remains rescinded. Executive Order 1994-21, which was rescinded by Executive Order 1994-23, remains rescinded.

B. Any rules, orders, contracts, and agreements related to the Council lawfully in effect prior to the effective date of this Order shall continue to be effective until revised, amended, or repealed.

C. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

This Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 26th day of May, in the Year of our Lord Two Thousand Sixteen.

RICHARD D. SNYDER

GOVERNOR

BY THE GOVERNOR:

RUTH A. JOHNSON

SECRETARY OF STATE

The message was referred to the Clerk.

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

May 19, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-002-LR (Secretary of State Filing #16-05-02) on this date at 3:52 P.M. for the Department of Licensing and Regulatory Affairs entitled, “New and Existing School, College, and University Fire Safety.”

These rules become effective 30 days after filing with the Secretary of State.

May 19, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-011-LR (Secretary of State Filing #16-05-03) on this date at 3:51 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Land corner Recordation – General Rules”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

May 19, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-077-HS (Secretary of State Filing #16-05-04) on this date at 3:51 P.M. for the Department of Health and Human Services entitled, “MSA Provider Hearings”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6), of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

May 24, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-048-LR (Secretary of State Filing #16-05-05) on this date at 3:23 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Basic Local Exchange Service Customer Migration”.

These rules become effective June 17, 2016.

May 25, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-107-LR (Secretary of State Filing #16-05-06) on this date at 2:42 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Ionizing Radiation Rules Governing the Use of Radiation Machines”.

These rules take effect upon filing with the Secretary of State of Michigan.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Rep. Plawecki introduced

House Bill No. 5708, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 11 (MCL 388.1611), as amended by 2015 PA 139, and by adding section 22m.

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

Reps. Yanez, LaGrand, Cochran, Sarah Roberts, Liberati, Gay-Dagnogo, Wittenberg, Pagan, Darany and Chang introduced

House Bill No. 5709, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 697 and 699 (MCL 168.697 and 168.699), section 699 as amended by 2012 PA 523, and by adding section 696a; and to repeal acts and parts of acts.

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

Reps. Greig, LaGrand, Vaupel, Graves, Irwin, Yanez, Townsend, LaVoy, Lucido, Yonker, Plawecki, Chang, Garrett, Pagan, Wittenberg, Zemke, Cochran, Liberati, Brinks, Canfield, Pagel and Love introduced

House Bill No. 5710, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” (MCL 450.1101 to 450.2098) by adding

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

Reps. Vaupel, LaGrand, Graves, Irwin, Yanez, Greig, Townsend, LaVoy, Lucido, Yonker, Plawecki, Chang, Garrett, Pagan, Wittenberg, Zemke, Cochran, Liberati, Brinks, Canfield, Pagel, Iden and Love introduced

House Bill No. 5711, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” (MCL 450.1101 to 450.2098) by adding section 961 to chapter 9A.

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

Reps. LaGrand, Greig, Vaupel, Graves, Irwin, Yanez, Townsend, LaVoy, Lucido, Yonker, Plawecki, Chang, Garrett, Pagan, Wittenberg, Zemke, Cochran, Liberati, Brinks, Canfield, Pagel and Love introduced

House Bill No. 5712, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending sections 105, 106, 131, 202, 211, 745, 746, and 762 (MCL 450.1105, 450.1106, 450.1131, 450.1202, 450.1211, 450.1745, 450.1746, and 450.1762), sections 105, 106, 202, 211, and 762 as amended by 2012 PA 569 and section 131 as amended and sections 745 and 746 as added by 2008 PA 402.

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

Reps. Graves, LaGrand, Vaupel, Irwin, Yanez, Greig, Townsend, LaVoy, Lucido, Yonker, Plawecki, Chang, Garrett, Pagan, Wittenberg, Zemke, Cochran, Liberati, Brinks, Canfield, Pagel and Love introduced

House Bill No. 5713, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 911 (MCL 450.1911), as amended by 2012 PA 569.

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

______

Rep. Lyons moved that the House adjourn.

The motion prevailed, the time being 4:15 p.m.

Associate Speaker Pro Tempore Franz declared the House adjourned until Wednesday, June 1, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives

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