No. 106

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2013

House Chamber, Lansing, Thursday, December 12, 2013.

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—present Stallworth—present

Daley—present Jenkins—present Nesbitt—present Stamas—present

Darany—present Johnson—present O’Brien—present Stanley—present

Denby—present Kandrevas—present Oakes—present Switalski—present

Dianda—present Kelly—present Olumba—present Talabi—present

Dillon—present Kesto—present Outman—present Tlaib—present

Driskell—present Kivela—present Pagel—present Townsend—present

Durhal—present Knezek—present Pettalia—present VerHeulen—present

Faris—present Kosowski—present Phelps—present Victory—present

Farrington—present Kowall—present Poleski—present Walsh—present

Forlini—present Kurtz—present Potvin—present Yanez—present

Foster—present LaFontaine—present Price—present Yonker—present

Franz—present Lamonte—present Pscholka—present Zemke—present

Geiss—present Lane—excused Rendon—present Zorn—present

Genetski—present Lauwers—present

e/d/s = entered during session

Rep. Brandon Dillon, from the 75th District, offered the following invocation:

“Dear God,

As we gather here today, please help us to do the job we were sent here to do.

Amen.”

______

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

The motion prevailed.

Motions and Resolutions

Rep. Stamas moved that a respectful message be sent to the Senate requesting the return of House Bill No. 4277.

The motion prevailed.

______

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

______

Rep. Rutledge moved that Reps. Cochran and Santana be excused temporarily from today’s session.

The motion prevailed.

Third Reading of Bills

Senate Bill No. 663, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2949b.

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

Roll Call No. 491 Yeas—107

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Schmidt

Brown Haugh Lyons Schor

Brunner Haveman MacGregor Segal

Bumstead Heise MacMaster Shirkey

Callton Hobbs McBroom Singh

Cavanagh Hooker McCann Slavens

Clemente Hovey-Wright McCready Smiley

Cotter Howrylak McMillin Somerville

Crawford Irwin Muxlow Stallworth

Daley Jacobsen Nathan Stamas

Darany Jenkins Nesbitt Stanley

Denby Johnson O’Brien Switalski

Dianda Kandrevas Oakes Talabi

Dillon Kelly Olumba Tlaib

Driskell Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Phelps Walsh

Forlini Kowall Poleski Yanez

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zemke

Geiss Lamonte Pscholka Zorn

Genetski Lauwers Rendon

Nays—0

In The Chair: Cotter

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

“An act to 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,”

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.

By unanimous consent the House returned to the order of

Messages from the Senate

The Senate returned, in accordance with the request of the House

House Bill No. 4277, entitled

A bill to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 525 (MCL 436.1525), as amended by 2010 PA 279.

(The bill was received from the Senate on November 7, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 12, see House Journal No. 97, p. 1791; substitute (S-1) concurred in on November 13, see House Journal No. 99, p. 1820.)

Rep. Stamas moved that Rule 63 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Stamas moved to reconsider the vote by which the House concurred in the Senate substitute (S-1).

The motion prevailed, 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,

Rep. Stamas moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Franz.

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

The question being on the adoption of the amendment offered previously by Rep. Franz,

Rep. Franz withdrew the amendment.

Rep. Crawford moved to amend the Senate substitute (S-1) as follows:

1. Amend page 10, line 11, by striking out all of subdivision (f) and relettering the remaining subdivisions.

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

Rep. Crawford moved to amend the Senate substitute (S-1) as follows:

1. Amend page 10, line 1, after “effect” by striking out the balance of the enacting section and inserting “May 22, 2014.”.

The motion prevailed and the amendment 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 amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 492 Yeas—107

Abed Glardon Leonard Robinson

Banks Goike Lipton Rogers

Barnett Graves Lori Rutledge

Bolger Greimel Lund Santana

Brinks Haines Lyons Schmidt

Brown Haugh MacGregor Schor

Brunner Haveman MacMaster Segal

Bumstead Heise McBroom Shirkey

Callton Hobbs McCann Singh

Cavanagh Hovey-Wright McCready Slavens

Clemente Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lauwers Rendon Zorn

Genetski LaVoy Roberts

Nays—1

Hooker

In The Chair: Cotter

Third Reading of Bills

Senate Bill No. 169, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending the title, a division heading, and sections 35a, 36, 244, and 602b (MCL 257.35a, 257.36, 257.244, and 257.602b), the title as amended by 2010 PA 10, section 35a as amended by 1980 PA 515, section 244 as amended by 2008 PA 539, and section 602b as amended by 2013 PA 36, and by adding sections 2b, 663, 665, 666, and 817.

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

Roll Call No. 493 Yeas—107

Abed Glardon Leonard Robinson

Banks Goike Lipton Rogers

Barnett Graves Lori Rutledge

Bolger Greimel Lund Santana

Brinks Haines Lyons Schmidt

Brown Haugh MacGregor Schor

Brunner Haveman MacMaster Segal

Bumstead Heise McBroom Shirkey

Callton Hobbs McCann Singh

Cavanagh Hooker McCready Slavens

Clemente Hovey-Wright McMillin Smiley

Cotter Howrylak Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lauwers Rendon Zorn

Genetski LaVoy Roberts

Nays—1

Irwin

In The Chair: Cotter

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

“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; 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.

______

Rep. Rutledge moved that Rep. Nathan be excused temporarily from today’s session.

The motion prevailed.

Senate Bill No. 442, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1642 (MCL 380.1642); 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. 494 Yeas—76

Abed Geiss Kurtz Pagel

Bolger Genetski LaFontaine Pettalia

Brinks Glardon Lamonte Poleski

Bumstead Goike Lauwers Price

Callton Graves LaVoy Pscholka

Cavanagh Greimel Leonard Rendon

Clemente Haines Lori Rogers

Cochran Haugh Lund Rutledge

Cotter Haveman Lyons Schmidt

Crawford Heise MacGregor Shirkey

Daley Hooker MacMaster Slavens

Denby Howrylak McBroom Somerville

Dianda Jacobsen McCann Stamas

Dillon Jenkins McCready VerHeulen

Driskell Johnson McMillin Victory

Farrington Kandrevas Muxlow Walsh

Forlini Kelly Nesbitt Yanez

Foster Kesto O’Brien Yonker

Franz Kowall Outman Zorn

Nays—32

Banks Hovey-Wright Phelps Smiley

Barnett Irwin Potvin Stallworth

Brown Kivela Roberts Stanley

Brunner Knezek Robinson Switalski

Darany Kosowski Santana Talabi

Durhal Lipton Schor Tlaib

Faris Oakes Segal Townsend

Hobbs Olumba Singh Zemke

In The Chair: Cotter

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

“An act to provide 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,”

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. 443, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6094 (MCL 600.6094).

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

Roll Call No. 495 Yeas—76

Abed Geiss Kurtz Pagel

Bolger Genetski LaFontaine Pettalia

Brinks Glardon Lamonte Poleski

Bumstead Goike Lauwers Price

Callton Graves LaVoy Pscholka

Cavanagh Greimel Leonard Rendon

Clemente Haines Lori Rogers

Cochran Haugh Lund Rutledge

Cotter Haveman Lyons Schmidt

Crawford Heise MacGregor Shirkey

Daley Hooker MacMaster Slavens

Denby Howrylak McBroom Somerville

Dianda Jacobsen McCann Stamas

Dillon Jenkins McCready VerHeulen

Driskell Johnson McMillin Victory

Farrington Kandrevas Muxlow Walsh

Forlini Kelly Nesbitt Yanez

Foster Kesto O’Brien Yonker

Franz Kowall Outman Zorn

Nays—33

Banks Irwin Phelps Smiley

Barnett Kivela Potvin Stallworth

Brown Knezek Roberts Stanley

Brunner Kosowski Robinson Switalski

Darany Lipton Santana Talabi

Durhal Nathan Schor Tlaib

Faris Oakes Segal Townsend

Hobbs Olumba Singh Zemke

Hovey-Wright

In The Chair: Cotter

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

“An act to 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,”

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.

House Bill No. 4271, entitled

A bill to regulate medical marihuana provisioning centers and other related entities; to provide for the powers and duties of certain state and local governmental officers and entities; to provide immunity for persons engaging in certain activities in compliance with this act; to prescribe penalties and sanctions and provide remedies; and to allow the promulgation of rules.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Callton moved to amend the bill as follows:

1. Amend page 20, line 6, by striking out all of subdivisions (a) and (b) and inserting:

“(a) Keep the grounds of the provisioning center under the control of the operator free from improperly stored equipment, litter, waste, refuse, and uncut weeds or grass and assure that floors, walls, ceilings, and equipment are kept clean and in good repair.

(b) Keep food preparation areas separated from poisons, undesirable microorganisms, chemicals, filth, or other extraneous material by partition, location, or other effective means. Marihuana is not prohibited in food preparation areas under this subdivision.

(c) Provide adequate lighting in all areas where food or food ingredients are examined, processed, or stored, and in hand washing areas, toilet rooms, and places where equipment or utensils are cleaned.

(d) Provide adequate ventilation or control equipment to minimize odors and noxious fumes, dust, or vapors, including steam, in areas where they may contaminate food.

(e) Ensure that all provisioning center equipment and utensils are suitable for their intended use and are designed and constructed with material and workmanship that allows them to be cleanable and properly maintained.

(f) Ensure that the provisioning center is properly equipped with adequate sanitary facilities and accommodations.

(g) Ensure that the provisioning center has a water supply that is sufficient for the operations intended and is derived from an approved source.

(h) Ensure that all sewage and liquid waste is disposed of in a public or municipal sewerage system, or, if an adequate public disposal system is not available, in an approved septic tank system or by another acceptable method that does not create a nuisance, insanitary condition, or public health hazard.

(i) Provide employees with adequate, completely enclosed toilet rooms and conveniently located associated hand washing facilities that are maintained in a sanitary condition and kept in good repair at all times.

(j) Provide adequate and convenient facilities for hand washing that are furnished with hot and cold or tempered running water, effective hand cleaning and sanitizing preparations, disposable sanitary towel service or suitable drying devices, and easily cleanable waste receptacles.

(k) Provide for conveying, storing, and disposal of rubbish and offal in a manner that minimizes odor, prevents waste from becoming an attractant or a harbor or breeding place for vermin, and prevents contamination of food, food contact surfaces, ground surfaces, and water supplies.

(l) Maintain the building, fixtures, and other physical facilities of the provisioning center in good repair and in sanitary condition.

(m) Prohibit live birds or other animals in the provisioning center, except that a guide dog accompanying a blind person is permitted in selling areas.

(n) Clean all utensils and product contact surfaces of equipment as frequently as necessary to prevent contamination of food and food products and all nonproduct contact surfaces of equipment used in food preparation areas as frequently as necessary to minimize accumulation of dust, dirt, food particles, and other debris.

(o) Conduct all operations in receiving, inspecting, transporting, packaging, segregating, preparing, processing, and food storing areas in accordance with good sanitation principles and take all reasonable precautions to assure that production procedures do not contribute contamination, such as filth, harmful chemicals, undesirable microorganisms, or any other objectionable material, to the processed product.

(p) Conduct all food processing, packaging, storage, and transporting of food under conditions and controls that minimize the potential for undesirable bacterial or other microbiological growth, toxin formation, or deterioration or contamination of the processed product, product ingredients, or product containers.

(q) Ensure that all food and drink is clean and wholesome, and manufactured, handled, stored, prepared, transported, offered for sale, and sold in a manner that keeps it safe for human consumption.

(r) Not allow an individual who is affected by a disease in a communicable form, a carrier of such a disease, or afflicted with boils, sores, infected wounds, or other abnormal sources of microbiological contamination to work in the provisioning center in any capacity in which there is a reasonable possibility that food or food ingredients will become contaminated or that the disease will be transmitted to other individuals.

(s) Require all individuals working in direct contact with food preparation, food ingredients, or surfaces coming into contact with food ingredients to do all of the following:

(i) Wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty to the extent necessary to prevent contamination of food products.

(ii) Before starting work, after each absence from the work station, and at any other time when hands may have become soiled or contaminated, wash their hands thoroughly in an adequate hand washing facility and sanitize their hands if necessary to prevent contamination.

(iii) Remove any jewelry that cannot be adequately sanitized and all insecure jewelry from hands when food is manipulated by hand.

(iv) Maintain any gloves used in food handling in an intact, clean, and sanitary condition and use only gloves made of an impermeable material, except when that usage would be inappropriate or incompatible with the work involved.

(v) Wear effective hairnets, headbands, or caps to constrain the hair properly.

(vi) Refrain from storing clothing or other personal belongings, eating, drinking, or using tobacco in any form in areas where food or food ingredients are exposed, or in areas used for washing equipment or utensils.

(vii) Take any other necessary precautions to prevent contamination of foods with microorganisms or other foreign substances, including, but not limited to, perspiration, hair, cosmetics, tobacco, chemicals, and medicants.”.

2. Amend page 20, following line 16, by inserting:

“(4) The local county health department shall inspect a provisioning center at least annually for compliance with subsections (2) and (3). The provisioning center shall pay for all costs associated with the inspection under this subsection.”.

The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 496 Yeas—95

Banks Geiss LaVoy Roberts

Barnett Genetski Leonard Robinson

Bolger Glardon Lipton Rutledge

Brinks Goike Lund Santana

Brown Graves Lyons Schmidt

Brunner Haines MacMaster Schor

Bumstead Haugh McBroom Segal

Callton Haveman McCann Shirkey

Cavanagh Heise McCready Singh

Clemente Hobbs McMillin Slavens

Cochran Hovey-Wright Muxlow Smiley

Cotter Howrylak Nathan Somerville

Crawford Irwin Nesbitt Stallworth

Daley Jacobsen O’Brien Stamas

Darany Jenkins Oakes Stanley

Denby Johnson Olumba Switalski

Dianda Kandrevas Outman Tlaib

Dillon Kelly Pagel Townsend

Driskell Kesto Pettalia VerHeulen

Durhal Kivela Phelps Walsh

Faris Knezek Poleski Yanez

Farrington Kosowski Potvin Yonker

Forlini Kowall Pscholka Zemke

Foster LaFontaine Rendon

Nays—14

Abed Kurtz MacGregor Talabi

Franz Lamonte Price Victory

Greimel Lauwers Rogers Zorn

Hooker Lori

In The Chair: Cotter

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

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

A bill to regulate medical marihuana provisioning centers and other related entities; to provide for the powers and duties of certain state and local governmental officers and entities; to provide immunity for persons engaging in medical marihuana-related activities in compliance with this act; to prescribe penalties and sanctions and provide remedies; and to allow the promulgation of rules.

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.

Reps. Barnett, Crawford, Dianda, Durhal, Faris, Geiss, Haines, Kivela, Kowall, McCann, Slavens and Walsh were named co‑sponsors of the bill.

Senate Bill No. 101, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811x.

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

Roll Call No. 497 Yeas—109

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lauwers Rendon Zorn

Genetski

Nays—0

In The Chair: Cotter

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

“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”

The House agreed to the full title.

______

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

Senate Bill No. 367, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 603, 611, and 691 (MCL 206.603, 206.611, and 206.691), section 603 as amended by 2011 PA 173, section 611 as amended by 2011 PA 170, and section 691 as amended by 2012 PA 70.

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

Roll Call No. 498 Yeas—108

Abed Genetski Lauwers Rendon

Banks Glardon LaVoy Roberts

Barnett Goike Leonard Rogers

Bolger Graves Lipton Rutledge

Brinks Greimel Lori Santana

Brown Haines Lund Schmidt

Brunner Haugh Lyons Schor

Bumstead Haveman MacGregor Segal

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Singh

Clemente Hooker McCann Slavens

Cochran Hovey-Wright McCready Smiley

Cotter Howrylak McMillin Somerville

Crawford Irwin Muxlow Stallworth

Daley Jacobsen Nathan Stamas

Darany Jenkins Nesbitt Stanley

Denby Johnson O’Brien Switalski

Dianda Kandrevas Oakes Talabi

Dillon Kelly Olumba Tlaib

Driskell Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Phelps Walsh

Forlini Kowall Poleski Yanez

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zemke

Geiss Lamonte Pscholka Zorn

Nays—1

Robinson

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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; 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. 308, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 8 (MCL 125.2788), as amended by 2008 PA 504.

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

Roll Call No. 499 Yeas—95

Abed Glardon Leonard Rogers

Banks Graves Lipton Rutledge

Barnett Greimel Lori Santana

Bolger Haines Lund Schmidt

Brinks Haugh Lyons Schor

Brown Haveman MacGregor Segal

Brunner Heise McBroom Singh

Callton Hobbs McCann Slavens

Cavanagh Hovey-Wright McCready Smiley

Clemente Irwin Muxlow Stallworth

Cochran Jacobsen Nathan Stamas

Crawford Jenkins Nesbitt Stanley

Daley Johnson O’Brien Switalski

Darany Kandrevas Oakes Talabi

Denby Kelly Olumba Tlaib

Dianda Kesto Outman Townsend

Dillon Kivela Pagel VerHeulen

Driskell Knezek Phelps Victory

Durhal Kosowski Poleski Walsh

Faris Kowall Potvin Yanez

Farrington Kurtz Price Yonker

Forlini LaFontaine Pscholka Zemke

Foster Lamonte Rendon Zorn

Geiss LaVoy Roberts

Nays—14

Bumstead Goike MacMaster Robinson

Cotter Hooker McMillin Shirkey

Franz Howrylak Pettalia Somerville

Genetski Lauwers

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 provide for the establishment of obsolete property rehabilitation districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain local government officials; and to provide penalties,”

The House agreed to the full title.

Senate Bill No. 312, entitled

A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending sections 3, 5, 7, 11, 15, and 17 (MCL 390.1663, 390.1665, 390.1667, 390.1671, 390.1675, and 390.1677).

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

Roll Call No. 500 Yeas—96

Abed Franz Lauwers Roberts

Banks Geiss LaVoy Rogers

Barnett Genetski Lipton Rutledge

Bolger Glardon Lori Santana

Brinks Greimel Lund Schmidt

Brown Haines Lyons Schor

Brunner Haugh MacGregor Segal

Bumstead Haveman McBroom Singh

Callton Heise McCann Slavens

Cavanagh Hobbs McCready Smiley

Clemente Hovey-Wright Muxlow Stallworth

Cochran Howrylak Nathan Stamas

Crawford Irwin Nesbitt Stanley

Daley Jacobsen O’Brien Switalski

Darany Jenkins Oakes Talabi

Denby Johnson Olumba Tlaib

Dianda Kandrevas Outman Townsend

Dillon Kesto Pagel VerHeulen

Driskell Kivela Pettalia Victory

Durhal Knezek Phelps Walsh

Faris Kosowski Poleski Yanez

Farrington Kurtz Potvin Yonker

Forlini LaFontaine Pscholka Zemke

Foster Lamonte Rendon Zorn

Nays—13

Cotter Kelly MacMaster Robinson

Goike Kowall McMillin Shirkey

Graves Leonard Price Somerville

Hooker

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 authorize the creation of promise authorities and the implementation of promise zone development plans; to prescribe the powers and duties of promise zone authorities; to provide for the capture and disbursement of certain tax revenue; and to prescribe powers and duties of certain state and local officials,”

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.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4694, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding a chapter heading and sections 1090, 1091, 1092, and 1093.

(The bill was received from the Senate on December 11, 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. 105, p. 2003.)

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. 501 Yeas—109

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lauwers Rendon Zorn

Genetski

Nays—0

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. 4695, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 1097 and 1098.

(The bill was received from the Senate on December 11, 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. 105, p. 2004.)

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. 502 Yeas—109

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lauwers Rendon Zorn

Genetski

Nays—0

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. 4696, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 1094, 1095, and 1096.

(The bill was received from the Senate on December 11, 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. 105, p. 2004.)

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. 503 Yeas—109

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lauwers Rendon Zorn

Genetski

Nays—0

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. 4782, entitled

A bill to amend 2010 PA 275, entitled “Next Michigan development act,” by amending section 4 (MCL 125.2954).

(The bill was received from the Senate on December 11, 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. 105, p. 2004.)

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:

Roll Call No. 504 Yeas—86

Abed Glardon LaVoy Rendon

Barnett Graves Lipton Roberts

Bolger Greimel Lori Rogers

Brinks Haines Lyons Rutledge

Brown Haugh MacGregor Santana

Brunner Haveman MacMaster Schmidt

Callton Heise McBroom Schor

Cavanagh Hovey-Wright McCann Segal

Clemente Irwin McCready Singh

Cochran Jacobsen Muxlow Slavens

Cotter Jenkins Nesbitt Smiley

Crawford Kandrevas O’Brien Stamas

Daley Kelly Oakes Stanley

Darany Kesto Olumba Switalski

Denby Kivela Outman Townsend

Dianda Knezek Pagel Victory

Dillon Kosowski Pettalia Walsh

Driskell Kowall Phelps Yanez

Faris Kurtz Poleski Yonker

Forlini LaFontaine Potvin Zemke

Foster Lamonte Pscholka Zorn

Geiss Lauwers

Nays—23

Banks Goike Lund Somerville

Bumstead Hobbs McMillin Stallworth

Durhal Hooker Nathan Talabi

Farrington Howrylak Price Tlaib

Franz Johnson Robinson VerHeulen

Genetski Leonard Shirkey

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.

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

Third Reading of Bills

House Bill No. 5104, entitled

A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending sections 3, 4, 7, and 8 (MCL 333.26423, 333.26424, 333.26427, and 333.26428), sections 3, 4, and 8 as amended by 2012 PA 512.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Kowall moved to amend the bill as follows:

1. Amend page 11, line 9, after “PRODUCT” by inserting “IN OUNCES. THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE LISTED WEIGHT OF THE MARIHUANA-INFUSED PRODUCT IS TRUE AND CORRECT”.

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

The question being on the passage of the bill,

Rep. Kowall moved to amend the bill as follows:

1. Amend page 12, line 11, after “ACT.” by inserting “HOWEVER, A QUALIFYING PATIENT OR REGISTERED CAREGIVER SHALL NOT TRANSFER MORE THAN 50 OUNCES OF USABLE MARIHUANA TO A MEDICAL MARIHUANA PROVISIONING CENTER DURING A 60-CALENDAR-DAY PERIOD.”.

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

The question being on the passage of the bill,

Rep. Kowall moved to amend the bill as follows:

1. Amend page 12, line 7, after “(2)” by striking out “SUBJECT TO SUBSECTION (4), A” and inserting “A”.

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

The question being on the passage of the bill,

Rep. Callton moved to amend the bill as follows:

1. Amend page 12, following line 4, by inserting:

“(P) IN A PUBLIC PLACE, THE PRIVILEGE FROM ARREST UNDER SUBSECTION (A) OR (B) DOES NOT APPLY UNLESS ALL OF THE FOLLOWING APPLY:

(1) THE USABLE MARIHUANA AND MARIHUANA-INFUSED PRODUCT ARE PACKAGED AND EACH PACKAGE IS LABELED WITH THE WEIGHT OF THE USABLE MARIHUANA.

(2) THE TOTAL WEIGHT INDICATED ON THE PACKAGE LABELS IS NOT MORE THAN THE AMOUNT PERMITTED UNDER SUBSECTION (A) OR (B). THE INDICATED WEIGHT IS PRESUMED TO BE TRUE AND CORRECT. HOWEVER, THIS PRESUMPTION DOES NOT PROHIBIT A LAW ENFORCEMENT OFFICIAL FROM ARRESTING AN INDIVIDUAL IF THERE IS AN ARTICULABLE SUSPICION THAT THE INDICATED WEIGHT IS NOT CORRECT AND THE TOTAL WEIGHT IS GREATER THAN THE AMOUNT PERMITTED UNDER SUBSECTION (A) OR (B).”.

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

The question being on the passage of the bill,

The bill was then passed, 3/4 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 505 Yeas—100

Abed Franz LaFontaine Pscholka

Banks Geiss Lamonte Rendon

Barnett Genetski LaVoy Roberts

Bolger Glardon Leonard Robinson

Brinks Goike Lipton Rutledge

Brown Graves Lori Santana

Brunner Greimel Lund Schmidt

Bumstead Haines Lyons Schor

Callton Haugh MacMaster Segal

Cavanagh Haveman McBroom Shirkey

Clemente Heise McCann Singh

Cochran Hobbs McCready Slavens

Cotter Hovey-Wright McMillin Smiley

Crawford Howrylak Muxlow Somerville

Daley Irwin Nathan Stallworth

Darany Jacobsen Nesbitt Stamas

Denby Jenkins O’Brien Stanley

Dianda Johnson Oakes Switalski

Dillon Kandrevas Olumba Tlaib

Driskell Kelly Outman Townsend

Durhal Kesto Pagel VerHeulen

Faris Kivela Pettalia Walsh

Farrington Knezek Phelps Yanez

Forlini Kosowski Poleski Yonker

Foster Kowall Potvin Zemke

Nays—9

Hooker MacGregor Rogers Victory

Kurtz Price Talabi Zorn

Lauwers

In The Chair: Cotter

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

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

A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending sections 3, 4, 7, and 8 (MCL 333.26423, 333.26424, 333.26427, and 333.26428), sections 3, 4, and 8 as amended by 2012 PA 512, and by adding section 4a.

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.

Reps. Dianda, Durhal, Faris, Haines, Kivela, Kosowski, McCann, Pettalia, Phelps, Potvin, Robinson, Slavens, Smiley, Stanley and Walsh were named co‑sponsors of the bill.

House Bill No. 4576, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 102, 249a, 1201, 1238, and 1242 (MCL 500.102, 500.249a, 500.1201, 500.1238, and 500.1242), section 102 as amended by 2000 PA 252, section 249a as added by 1992 PA 182, section 1201 as amended by 2012 PA 462, section 1238 as amended by 2012 PA 453, and section 1242 as amended by 2002 PA 32, and by adding sections 1229, 1230, 1231, 1231a, and 1231b.

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

Roll Call No. 506 Yeas—102

Abed Geiss Lauwers Pscholka

Banks Genetski LaVoy Rendon

Barnett Glardon Leonard Roberts

Bolger Graves Lipton Rogers

Brinks Greimel Lori Rutledge

Brown Haines Lund Santana

Brunner Haugh Lyons Schmidt

Bumstead Haveman MacGregor Segal

Callton Heise MacMaster Shirkey

Cavanagh Hobbs McBroom Slavens

Clemente Hooker McCann Smiley

Cochran Hovey-Wright McCready Somerville

Cotter Howrylak McMillin Stallworth

Crawford Jacobsen Muxlow Stamas

Daley Jenkins Nathan Stanley

Darany Johnson Nesbitt Switalski

Denby Kandrevas O’Brien Talabi

Dianda Kelly Oakes Tlaib

Dillon Kesto Outman Townsend

Driskell Kivela Pagel VerHeulen

Durhal Knezek Pettalia Victory

Faris Kosowski Phelps Walsh

Farrington Kowall Poleski Yanez

Forlini Kurtz Potvin Yonker

Foster LaFontaine Price Zorn

Franz Lamonte

Nays—7

Goike Olumba Schor Zemke

Irwin Robinson Singh

In The Chair: Cotter

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

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

A bill to amend 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 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.

House Bill No. 4816, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2213e.

The bill was read a third time.

The question being on the passage of the bill,

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

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 507 Yeas—67

Abed Glardon Lamonte Poleski

Bolger Goike Lauwers Potvin

Brinks Graves Leonard Price

Bumstead Greimel Lori Pscholka

Callton Haines Lund Rendon

Cochran Haveman Lyons Rogers

Cotter Heise MacGregor Schmidt

Crawford Hooker MacMaster Shirkey

Daley Jacobsen McBroom Somerville

Denby Jenkins McCready Stamas

Dianda Johnson Muxlow VerHeulen

Driskell Kelly Nathan Victory

Farrington Kesto Nesbitt Walsh

Forlini Knezek O’Brien Yanez

Foster Kowall Outman Yonker

Franz Kurtz Pagel Zorn

Genetski LaFontaine Pettalia

Nays—42

Banks Haugh McMillin Singh

Barnett Hobbs Oakes Slavens

Brown Hovey-Wright Olumba Smiley

Brunner Howrylak Phelps Stallworth

Cavanagh Irwin Roberts Stanley

Clemente Kandrevas Robinson Switalski

Darany Kivela Rutledge Talabi

Dillon Kosowski Santana Tlaib

Durhal LaVoy Schor Townsend

Faris Lipton Segal Zemke

Geiss McCann

In The Chair: Cotter

The House agreed to the title of the bill.

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

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

______

Rep. McMillin, 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 voted ‘no’ on HB4816 because

(1) I’m not comfortable requiring (unfunded mandate) businesses to make this computation and tell them they must put it on their bills to their customers and

(2) I believe the calculation of Obamacare is so subjective that the ‘cost’ to citizens will be calculated way too low in many estimations — for one thing, how do you put a ‘cost’ on the tremendous loss of freedom that results from Obamacare. And how in the world will each insurance company put a price on how much higher premiums are for customers due to loss of competition, loss of options, pre-existing conditions costs, keeping children on until 26, etc?”

Rep. Howrylak, 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:

This bill is bad public policy because it creates a regulatory obligation for private industry solely to prove a political point. While no fan of Obamacare, I believe that it is unfair to burden an industry with this data mining mission. Voluntary reporting would certainly be preferable to mandatory reporting. Furthermore, there is no consistent system for measuring the burden of Obamacare. As a result, the data that will be reported to the State will neither be consistent nor comparable and thus will not be very effective. This bill is entirely unnecessary.”

House Bill No. 4044, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 455.

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

Roll Call No. 508 Yeas—72

Abed Glardon LaFontaine Pettalia

Bolger Goike Lamonte Poleski

Brinks Graves Lauwers Potvin

Bumstead Greimel Leonard Price

Callton Haugh Lori Pscholka

Clemente Haveman Lund Rendon

Cochran Heise Lyons Rogers

Cotter Hooker MacGregor Schmidt

Crawford Howrylak MacMaster Schor

Daley Irwin McBroom Shirkey

Denby Jacobsen McCready Somerville

Dianda Jenkins McMillin Stamas

Dillon Johnson Muxlow VerHeulen

Driskell Kelly Nathan Victory

Farrington Kesto Nesbitt Walsh

Forlini Knezek O’Brien Yanez

Franz Kowall Outman Yonker

Genetski Kurtz Pagel Zorn

Nays—37

Banks Haines Oakes Slavens

Barnett Hobbs Olumba Smiley

Brown Hovey-Wright Phelps Stallworth

Brunner Kandrevas Roberts Stanley

Cavanagh Kivela Robinson Switalski

Darany Kosowski Rutledge Talabi

Durhal LaVoy Santana Tlaib

Faris Lipton Segal Townsend

Foster McCann Singh Zemke

Geiss

In The Chair: Cotter

The House agreed to the title of the bill.

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

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

______

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

Senate Bill No. 660, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7212, 7214, 7301a, 7303, 16169, 16170a, 16174, 16192, 16216, 16221, 16222, 16226, 16231, 16231a, 16232, 16233, 16237, 16241, 16245, 16315, 17754, 17768, 17775, and 20176a (MCL 333.7212, 333.7214, 333.7301a, 333.7303, 333.16169, 333.16170a, 333.16174, 333.16192, 333.16216, 333.16221, 333.16222, 333.16226, 333.16231, 333.16231a, 333.16232, 333.16233, 333.16237, 333.16241, 333.16245, 333.16315, 333.17754, 333.17768, 333.17775, and 333.20176a), section 7212 as amended by 2012 PA 183, section 7214 as amended by 1982 PA 352, section 7301a as amended by 2006 PA 392, section 7303 as amended by 1988 PA 60, sections 16169 and 16170a as added and section 16192 as amended by 1993 PA 80, section 16174 as amended by 2012 PA 49, sections 16216 and 16237 as added and section 16241 as amended by 1993 PA 87, section 16221 as amended by 2012 PA 501, sections 16222 and 16231a as added and sections 16232 and 17768 as amended by 1993 PA 79, section 16226 as amended by 2012 PA 499, sections 16231 and 16233 as amended by 2010 PA 382, section 16245 as amended by 2011 PA 223, section 16315 as amended by 2009 PA 216, section 17754 as amended by 2012 PA 209, section 17775 as added by 2012 PA 383, and section 20176a as amended by 1994 PA 52, and by adding article 8; 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. Stallworth moved to amend the bill as follows:

1. Amend page 23, line 18, after “IS” by inserting “18 YEARS OF AGE OR OLDER, WHO IS”.

2. Amend page 23, line 19, after the first “CARD” by inserting a comma.

3. Amend page 23, line 19, after “CARD.” by inserting “THE DEPARTMENT MAY ISSUE AN ENHANCED PHARMACEUTICAL-GRADE CANNABIS CARD TO AN ELIGIBLE PATIENT WHO IS LESS THAN 18 YEARS OF AGE, WHO IS RECOMMENDED BY 2 PHYSICIANS TO OBTAIN A REGISTRATION CARD, AND WHO PROPERLY APPLIES FOR THAT CARD OR IF HIS OR HER PARENT OR GUARDIAN PROPERLY APPLIES FOR THAT CARD ON HIS OR HER BEHALF.”.

4. Amend page 25, line 16, after “PRESCRIBED.” by striking out the balance of the subdivision.

The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

Rep. Walsh moved to amend the bill as follows:

1. Amend page 20, line 19, after “SEC. 8115.” by striking out “THE” and inserting “(1) SUBJECT TO SUBSECTION (2), THE”.

2. Amend page 22, following line 15, by inserting:

“(2) THE DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MAY BEGIN PROMULGATION OF THE RULES REQUIRED UNDER THIS ARTICLE AT THE TIME MARIHUANA, INCLUDING PHARMACEUTICAL-GRADE CANNABIS, IS RESCHEDULED BY FEDERAL AUTHORITY. HOWEVER, IMPLEMENTATION AND ENFORCEMENT OF THIS ARTICLE SHALL NOT OCCUR SOONER THAN 180 DAYS AFTER THAT FEDERAL AUTHORITY RESCHEDULES MARIHUANA.”.

3. Amend page 74, line 23, after “(b)” by striking out “The” and inserting “EXCEPT AS OTHERWISE AUTHORIZED UNDER SECTION 17744A, THE”.

The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 509 Yeas—87

Abed Foster Kosowski Potvin

Banks Franz Kowall Pscholka

Bolger Genetski LaFontaine Rendon

Brinks Glardon Lamonte Roberts

Brown Goike Leonard Rutledge

Brunner Graves Lori Santana

Bumstead Greimel Lund Schmidt

Callton Haines Lyons Schor

Cavanagh Haugh MacMaster Shirkey

Clemente Haveman McBroom Slavens

Cochran Heise McCann Somerville

Cotter Hobbs McCready Stallworth

Crawford Hovey-Wright McMillin Stamas

Daley Howrylak Muxlow Stanley

Darany Jacobsen Nesbitt Switalski

Denby Jenkins O’Brien Tlaib

Dillon Johnson Oakes Townsend

Driskell Kandrevas Outman VerHeulen

Durhal Kelly Pagel Walsh

Faris Kesto Pettalia Yonker

Farrington Kivela Phelps Zemke

Forlini Knezek Poleski

Nays—22

Barnett Lauwers Price Smiley

Dianda LaVoy Robinson Talabi

Geiss Lipton Rogers Victory

Hooker MacGregor Segal Yanez

Irwin Nathan Singh Zorn

Kurtz Olumba

In The Chair: O’Brien

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 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 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,” by amending sections 1104, 7212, 7214, 7301a, 7303, 16169, 16170a, 16174, 16192, 16216, 16221, 16222, 16226, 16231, 16231a, 16232, 16233, 16237, 16241, 16245, 16315, 17754, 17768, 17775, and 20176a (MCL 333.1104, 333.7212, 333.7214, 333.7301a, 333.7303, 333.16169, 333.16170a, 333.16174, 333.16192, 333.16216, 333.16221, 333.16222, 333.16226, 333.16231, 333.16231a, 333.16232, 333.16233, 333.16237, 333.16241, 333.16245, 333.16315, 333.17754, 333.17768, 333.17775, and 333.20176a), section 1104 as amended by 1996 PA 307, section 7212 as amended by 2012 PA 183, section 7214 as amended by 1982 PA 352, section 7301a as amended by 2006 PA 392, section 7303 as amended by 1988 PA 60, sections 16169 and 16170a as added and section 16192 as amended by 1993 PA 80, section 16174 as amended by 2012 PA 49, sections 16216 and 16237 as added and section 16241 as amended by 1993 PA 87, section 16221 as amended by 2012 PA 501, sections 16222 and 16231a as added and sections 16232 and 17768 as amended by 1993 PA 79, section 16226 as amended by 2012 PA 499, sections 16231 and 16233 as amended by 2010 PA 382, section 16245 as amended by 2011 PA 223, section 16315 as amended by 2009 PA 216, section 17754 as amended by 2012 PA 209, section 17775 as added by 2012 PA 383, and section 20176a as amended by 1994 PA 52, and by adding article 8; and to repeal acts and parts of acts.

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.

House Bill No. 5102, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 42a (MCL 211.42a), as amended by 2012 PA 461.

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

Roll Call No. 510 Yeas—109

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lauwers Rendon Zorn

Genetski

Nays—0

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

House Bill No. 5107, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 30101 and 30105 (MCL 324.30101 and 324.30105), section 30101 as amended by 2009 PA 139 and section 30105 as amended by 2013 PA 98.

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

Roll Call No. 511 Yeas—109

Abed Glardon LaVoy Roberts

Banks Goike Leonard Robinson

Barnett Graves Lipton Rogers

Bolger Greimel Lori Rutledge

Brinks Haines Lund Santana

Brown Haugh Lyons Schmidt

Brunner Haveman MacGregor Schor

Bumstead Heise MacMaster Segal

Callton Hobbs McBroom Shirkey

Cavanagh Hooker McCann Singh

Clemente Hovey-Wright McCready Slavens

Cochran Howrylak McMillin Smiley

Cotter Irwin Muxlow Somerville

Crawford Jacobsen Nathan Stallworth

Daley Jenkins Nesbitt Stamas

Darany Johnson O’Brien Stanley

Denby Kandrevas Oakes Switalski

Dianda Kelly Olumba Talabi

Dillon Kesto Outman Tlaib

Driskell Kivela Pagel Townsend

Durhal Knezek Pettalia VerHeulen

Faris Kosowski Phelps Victory

Farrington Kowall Poleski Walsh

Forlini Kurtz Potvin Yanez

Foster LaFontaine Price Yonker

Franz Lamonte Pscholka Zemke

Geiss Lauwers Rendon Zorn

Genetski

Nays—0

In The Chair: O’Brien

The House agreed to the title of the bill.

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

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

House Bill No. 4810, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2012 PA 524.

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

Roll Call No. 512 Yeas—109

Abed Glardon LaVoy Roberts