No. 66

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Tuesday, September 16, 2014.

1:30 p.m.

The House was called to order by the Speaker.

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

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

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

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

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

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

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

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

Bumstead—present Heise—present MacMaster—excused 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—absent Talabi—present

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

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

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

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

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

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

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

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

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

Genetski—present Lauwers—present

e/d/s = entered during session

Pastor Gib Giblin, Pastor of Midland Evangelical Free Church in Midland, offered the following invocation:

“Thank You for the MEN AND WOMEN in this room! They are DEDICATED to serve and help Your people. We RECOGNIZE that we grow and perform best under pressure but we don’t enjoy the process. We pray together for this day. WE NEED YOUR HELP.

Lord God, You are the creator of all we see. You knew from eternity we would be here today. There is nothing that goes beyond Your grasp and purpose: our anxious thoughts, our doubts or even an election.

We need and humbly ask and seek Your help, guidance and intervention to be able to think and act justly and mercifully. Help us to view our responsibilities courageously. Strengthen us to not turn away from doing the hard and difficult but necessary tasks.

God, we need Your wisdom from above to lead us. To know what is important and what is superfluous. Help us to work together. Help us to hold ‘In essentials unity, in nonessentials liberty, and in all things charity.’

Here I am! Mold me, make me, change me into whatever instrument You need.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

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

The motion prevailed.

Motions and Resolutions

Reps. Rendon, Yanez, Kurtz, Lauwers, Daley, Johnson, Pettalia, Franz, Goike, VerHeulen, Jenkins, Cotter, Santana, Singh, Schor, Olumba, Barnett, Crawford, Howrylak, Kelly, LaVoy and Slavens offered the following resolution:

House Resolution No. 409.

A resolution to declare September 15-October 15, 2014, as Hispanic Heritage Month in the state of Michigan.

Whereas, Hispanic Heritage Month celebrates the long and important presence of Hispanic and Latino Americans in North America, starting with the discovery of America by Christopher Columbus on October 12, 1492; and

Whereas, This month represents the anniversary of independence for Chile, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, and Nicaragua; and

Whereas, Each year, Americans observe National Hispanic Heritage Month from September 15 to October 15, by celebrating the histories, cultures and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean and Central and South America; and

Whereas, Each year the United States recognizes the economic, cultural and social contributions that Spanish-speaking peoples have brought to our nation including the gifts of law, religion, agriculture, art, music, education, technology, architecture, cuisine, theater and exploration; and

Whereas, Time and again throughout our nation’s history, Hispanic-Americans have faithfully defended the principles of freedom and a representative government; and

Whereas, 18th-century North America had a Hispanic presence, from the small outpost of San Francisco founded in the desolate wilderness of Alta California in 1776, through the Spanish province of Texas with its vaqueros (cowboys), to the fortress of St. Augustine, Florida — the first continuous European settlement in North America, founded in 1565, long before Jamestown, Virginia; and

Whereas, Hispanic Heritage Week was approved by president Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to cover a 30-day period (September 15 - October 15), and enacted into law on August 17, 1988 as Public Law 100-402; and

Whereas, Michigan is fortunate to count among its population a large concentration of citizens of Spanish and Latin American descent – including those who have lived in Michigan for generations and those who are new to the Great Lakes State – who contribute to Michigan’s economy and society through their commitment to professions, commerce, family, and the arts; and

Whereas, During the month spanning from September 15 through October 15, Michigan’s Hispanic-American community will celebrate Hispanic Heritage Month through a series of special programs featuring Hispanic history, food, dance, and art; and

Whereas, September 15 is starting point for the celebration because it is the anniversary of independence of five Latin American countries: Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua, when they all declared independence in 1821; and

Whereas, Mexico, Chile and Belize celebrate their independence days on September 16, September 18, and September 21, respectively; and .

Whereas, National Hispanic Heritage Month is the period of time in the United States, when people recognize the contributions of Hispanic and Latino Americans to the United States and celebrate these people’s varied heritage, background, and culture; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 15-October 15, 2014, as Hispanic Heritage Month in the state of Michigan. This month coincides with National Hispanic Heritage Month. We encourage all citizens to recognize and applaud the many contributions made by these individuals to enhance the quality of life in this state; and be it further

Resolved, That we encourage all sectors in our state to honor and commemorate the above-listed historical events of liberation in Mexico, Central America, South America, and the Caribbean, as part of the celebrating and recognizing of the history, cultures, and contributions of Hispanics in the U.S. and its territories; and be it further

Resolved, That copies of this resolution be transmitted to appropriate officials of high standing in the state and to representatives of the Hispanic community as enduring testimony of the high esteem in which the ancestors and descendants of Hispanics are held by the Michigan Legislature.

The question being on the adoption of the resolution,

The resolution was adopted.

______

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

The motion prevailed.

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

The motion prevailed.

Third Reading of Bills

House Bill No. 5338, entitled

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

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

Roll Call No. 461 Yeas—104

Abed Geiss Lamonte Roberts

Banks Genetski Lane Robinson

Barnett Glardon Lauwers Rogers

Bolger Goike LaVoy Rutledge

Brinks Graves Leonard Santana

Brown Greimel Lund Schmidt

Brunner Haines Lyons Schor

Bumstead Haugh MacGregor Segal

Callton Haveman McBroom Shirkey

Cavanagh Heise McCann Slavens

Clemente Hobbs McCready Smiley

Cochran Hooker McMillin Somerville

Cotter Hovey-Wright Muxlow Stallworth

Crawford Howrylak Nathan Stamas

Daley Jacobsen Nesbitt Stanley

Darany Jenkins O’Brien Switalski

Denby Johnson Oakes Talabi

Dianda Kandrevas Outman Tlaib

Dillon Kelly Pagel Townsend

Driskell Kesto Pettalia VerHeulen

Durhal Kivela Phelps Victory

Faris Knezek Poleski Walsh

Farrington Kosowski Potvin Yanez

Forlini Kowall Price Yonker

Foster Kurtz Pscholka Zemke

Franz LaFontaine Rendon Zorn

Nays—2

Irwin Singh

In The Chair: Walsh

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

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

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7 (MCL 722.627), as amended by 2014 PA 30.

The motion prevailed.

The House agreed to the title as amended.

House Bill No. 5341, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 64 (MCL 400.64), as amended by 1985 PA 140.

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

Roll Call No. 462 Yeas—96

Abed Genetski Lamonte Pscholka

Bolger Glardon Lane Rendon

Brinks Goike Lauwers Roberts

Brown Graves LaVoy Rogers

Brunner Haines Leonard Rutledge

Bumstead Haugh Lund Schmidt

Callton Haveman Lyons Schor

Cavanagh Heise MacGregor Segal

Clemente Hobbs McBroom Shirkey

Cochran Hooker McCann Slavens

Cotter Hovey-Wright McCready Smiley

Crawford Howrylak McMillin Somerville

Daley Jacobsen Muxlow Stallworth

Darany Jenkins Nathan Stamas

Denby Johnson Nesbitt Stanley

Dianda Kandrevas O’Brien Talabi

Dillon Kelly Oakes Townsend

Driskell Kesto Outman VerHeulen

Durhal Kivela Pagel Victory

Faris Knezek Pettalia Walsh

Farrington Kosowski Phelps Yanez

Forlini Kowall Poleski Yonker

Foster Kurtz Potvin Zemke

Franz LaFontaine Price Zorn

Nays—10

Banks Greimel Santana Switalski

Barnett Irwin Singh Tlaib

Geiss Robinson

In The Chair: Walsh

The House agreed to the title of the bill.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 5715, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 81.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Schmidt, Chair, of the Committee on Transportation and Infrastructure, was received and read:

Meeting held on: Tuesday, September 16, 2014

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

The Committee on Health Policy, by Rep. Haines, Chair, reported

House Bill No. 5649, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16221a and 20165a.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

The Committee on Health Policy, by Rep. Haines, Chair, reported

Senate Bill No. 991, entitled

A bill to authorize access to and use of experimental treatments for patients with an advanced illness; to establish conditions for use of experimental treatment; to prohibit sanctions of health care providers solely for recommending or providing experimental treatment; to clarify duties of a health insurer with regard to experimental treatment authorized under this act; to prohibit certain actions by state officials, employees, and agents; and to restrict certain causes of action arising from experimental treatment.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Haines, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Tuesday, September 16, 2014

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

Absent: Rep. Foster

Excused: Rep. Foster

The Committee on Oversight, by Rep. McMillin, Chair, reported

House Bill No. 5781, entitled

A bill to amend 1846 RS 2, entitled “Of the legislature,” by amending section 4 (MCL 4.84); and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. McMillin, Kelly, O’Brien, Leonard, Howrylak, Townsend, Robinson and Phelps

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. McMillin, Chair, of the Committee on Oversight, was received and read:

Meeting held on: Tuesday, September 16, 2014

Present: Reps. McMillin, Kelly, O’Brien, Leonard, Howrylak, Townsend, Robinson and Phelps

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Nesbitt, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Tuesday, September 16, 2014

Present: Reps. Nesbitt, Shirkey, Farrington, Franz, Jacobsen, Outman, Pettalia, Price, Schmidt, Zorn, Graves, Lauwers, Howrylak, Hobbs, Nathan, LaVoy, Lane, Brunner, Yanez, Lamonte and Phelps

Absent: Rep. Stallworth

Excused: Rep. Stallworth

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaFontaine, Chair, of the Committee on Natural Resources, was received and read:

Meeting held on: Tuesday, September 16, 2014

Present: Reps. LaFontaine, Rendon, Goike, Johnson, McBroom, Victory, Smiley, Dianda and Kivela

Messages from the Senate

Senate Concurrent Resolution No. 21.

A concurrent resolution to urge the Congress of the United States to enact legislation that will extend the MotorCities National Heritage Area Partnership in Michigan.

Whereas, Michigan’s MotorCities National Heritage Area is one of only 49 federally-designated heritage areas in the country. This special heritage area was created by Congress in 1998 to preserve, interpret, and promote the cultural and historic landscape associated with the automobile in Southeast and Central Michigan. The heritage area encompasses a region of more than 10,000 miles, covering a population of more than 6 million people. The MotorCities National Heritage Area is the largest concentration of auto-related sites in the world; and

Whereas, The MotorCities National Heritage Area Partnership is affiliated with the National Park Service and has partnered with many organizations to create projects that tell the rich story of the people, places, and innovations that helped define Michigan’s industrial importance. Projects and initiatives have been created within the heritage area to showcase our nation’s industrial strength and its importance in defending our freedom and democracy in two world wars. The preservation and restoration of landmarks such as the Ford Model T Complex and R.E. Olds structures and exhibits in Flint and Lansing are examples of efforts made possible by the MotorCities National Heritage Area Partnership; and

Whereas, Federal grants and assistance for the MotorCities National Heritage Area Partnership will expire on September 30, 2014. S. 2221 and H.R. 4421 would extend the sunset date to September 30, 2030. Extending the sunset will provide continued support for Michigan’s tourism industry and projects that will bring millions of visitors to Michigan each year; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the Congress of the United States to enact legislation that will extend the MotorCities National Heritage Area Partnership in Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, the managing director of the MotorCities National Heritage Area, and the Governor of the state of Michigan.

The Senate has adopted the concurrent resolution.

Rep. Barnett was named co‑sponsor of the concurrent resolution.

The concurrent resolution was referred to the Committee on Tourism.

Senate Concurrent Resolution No. 22.

A concurrent resolution to oppose the current proposal to designate the northern long-eared bat as a threatened or endangered species.

Whereas, The U.S. Fish and Wildlife Service (FWS) has proposed adding the northern long-eared bat to the federal list of endangered and threatened wildlife. Northern long-eared bat populations have been severely impacted by the spread of white-nose syndrome in many areas of the country. The FWS currently intends to make a final listing decision by April 2015, including management measures to protect northern long-eared bats; and

Whereas, Current voluntary interim measures to protect northern long-eared bats, if adopted into law as mandatory measures, would be overly restrictive and would cripple the forest products industry in Michigan and nearby states. The restrictions would apply to public and private land and could shut down timber harvesting throughout the summer, devastating communities that rely on the industry for their livelihood; and

Whereas, The FWS has not engaged state natural resource agencies or the forest products industry in developing management measures to protect northern long-eared bats. State agencies, the forest industry, and others have invaluable expertise and experience that should be employed to develop reasonable and appropriate conservation measures that will protect northern long-eared bats while allowing for the proper management of other critical species and the sustainable harvest of timber; and

Whereas, Any required management measures must be based on sound scientific data. There is still great scientific uncertainty regarding the northern long-eared bat population and how white-nose syndrome kills bats. This information is critical in determining appropriate measures to protect northern long-eared bats. Any measures that would shut down timber harvesting must only be considered if there is conclusive science that these measures are critical to sustaining northern long-eared bat populations; and

Whereas, The Michigan Department of Natural Resources, in partnership with natural resource departments in Indiana, Minnesota, and Wisconsin, has requested that the FWS delay its listing decision until such time when local studies are completed and data are recorded. This delay would allow more time to partner with these agencies and the forest products industry to evaluate the threat to northern long-eared bats and develop the best solutions to the problem; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we oppose the current proposal to designate the northern long-eared bat as a threatened or endangered species; and be it further

Resolved, That copies of this resolution be transmitted to the director of the U.S. Fish and Wildlife Service and the members of the Michigan congressional delegation.

The Senate has adopted the concurrent resolution.

Rep. Hooker was named co‑sponsor of the concurrent resolution.

The concurrent resolution was referred to the Committee on Natural Resources.

Communications from State Officers

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

Notices of Filing

Administrative Rules

August 12, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-094-LR (Secretary of State Filing #14-08-04) on this date at 3:16 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Part 472. Medical Services and First Aid”.

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.

August 12, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-030-LR (Secretary of State Filing #14-08-05) on this date at 3:18 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Workers’ Compensation Agency – General Rules”.

These rules take effect 7 days after filing with the Secretary of State.

August 12, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-036-AC (Secretary of State Filing #14-08-06) on this date at 3:20 P.M. for the Department of Agriculture and Rural Development, entitled “Regulation No. 150. Dogs and Cats For Research”.

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 34, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

August 15, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-099-LR (Secretary of State Filing #14-08-07) on this date at 2:02 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Part 77. Grain Handling Facilities”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 34, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

August 26, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-095-CH (Secretary of State Filing #14-08-08) on this date at 1:05 P.M. for the Department of Community Health, entitled “Humane Care and Use of Animals”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 34, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

September 10, 2014

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-035-AC (Secretary of State Filing #14-09-01) on this date at 1:47 P.M. for the Department of Agriculture and Rural Development, entitled “Family Farm Development Act”.

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 34, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

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

Reps. Driskell, Schor, Slavens, Zemke, Hovey-Wright, Lamonte, Irwin, Barnett, Faris, Roberts, Geiss, Segal and Singh introduced

House Bill No. 5797, entitled

A bill to require employers to provide information about insurance coverage related to reproductive health choices to current and prospective employees; to specify methods of disclosure; and to provide for sanctions.

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

Reps. Crawford, Haugh, Dianda, Stanley, Brown, Geiss, Schor, VerHeulen, Yonker, Rogers, Singh, Bumstead, Lori, MacGregor, Haveman, Genetski, Heise, Segal, Potvin, Schmidt, Victory, Townsend, McCann, Slavens, Darany, Clemente, Franz, Lauwers, Foster, Kesto, Phelps, Pettalia, Knezek, Pscholka, Abed and Kosowski introduced

House Bill No. 5798, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 105, 525, and 609 (MCL 436.1105, 436.1525, and 436.1609), section 105 as amended by 2005 PA 320, section 525 as amended by 2013 PA 236, and section 609 as amended by 2014 PA 47, and by adding section 914a.

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

Rep. McMillin introduced

House Bill No. 5799, entitled

A bill to amend 1980 PA 524, entitled “An act to provide for the terms of certain construction contracts with certain public agencies; to regulate the payment and retainage of payments on construction contracts with certain public agencies; and to provide for the resolution of certain disputes,” by amending section 2 (MCL 125.1562).

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

Rep. McMillin introduced

House Bill No. 5800, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1267 (MCL 380.1267), as amended by 2008 PA 540.

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

Reps. McMillin, Franz and Dianda introduced

House Bill No. 5801, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 12601 and 12905 (MCL 333.12601 and 333.12905), as amended by 2009 PA 188.

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

Reps. Cavanagh, Lane, LaVoy, Yanez, Brinks, Lori, Haines, Geiss, Barnett, Tlaib and Oakes introduced

House Bill No. 5802, entitled

A bill to create a state interagency council on homelessness; and to provide for its powers and duties.

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

Reps. Schor and Faris introduced

House Bill No. 5803, entitled

A bill to amend 2012 PA 615, entitled “Michigan energy assistance act,” by amending section 4 (MCL 400.1234).

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

Reps. Singh, Zemke, Greimel, Schor, McCann, Kandrevas, Abed, Darany, Townsend, Hovey-Wright, Tlaib, Barnett, Nathan, Roberts, Geiss, Stallworth, Hobbs, Dillon, Talabi, Banks, Phelps, Brunner, Irwin, Cochran, LaVoy, Kivela, Slavens, Durhal, Lipton, Driskell, Faris, Lamonte, Brinks, Switalski, Smiley, Rutledge, Lane, Dianda, Haugh, Cavanagh, Segal, Robinson, Knezek, Stanley, Santana, Olumba, Brown, Clemente, Kosowski, Oakes and Yanez introduced

House Bill No. 5804, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 302, 302a, 402, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2302, 37.2302a, 37.2402, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, section 103 as amended by 1999 PA 202, section 202 as amended by 2009 PA 190, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.

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

Rep. Foster introduced

House Bill No. 5805, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2013 PA 234.

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

Reps. Pscholka, Schor, LaVoy, Genetski, Oakes, Haveman and Schmidt introduced

House Bill No. 5806, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 122 (MCL 389.122), as amended by 2003 PA 306.

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

Rep. Shirkey introduced

House Bill No. 5807, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.8) by adding sections 9 and 9a.

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

Rep. McMillin introduced

House Bill No. 5808, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 2 (MCL 15.232), as amended by 1996 PA 553.

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

Rep. McMillin introduced

House Bill No. 5809, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 12601, 12603, 12606a, and 12905 (MCL 333.12601, 333.12603, 333.12606a, and 333.12905), sections 12601, 12603, and 12905 as amended and section 12606a as added by 2009 PA 188.

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

Rep. Yanez introduced

House Bill No. 5810, entitled

A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending sections 2 and 12 (MCL 28.452 and 28.462), section 2 as amended by 2012 PA 257 and section 12 as amended by 2013 PA 65.

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

Reps. Goike, Kivela, Dianda, Rendon, LaFontaine, Foster, Potvin and Johnson introduced

House Bill No. 5811, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 115 (MCL 418.115).

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

Rep. Yonker introduced

House Bill No. 5812, entitled

A bill to amend 2010 PA 123, entitled “Uniform real property electronic recording act,” by amending section 5 (MCL 565.845).

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

Reps. Price and Genetski introduced

House Bill No. 5813, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 11, 21, 31, 34, 34a, 41, 51, 52, 54, 61, 82, 85, and 111 (MCL 389.11, 389.21, 389.31, 389.34, 389.34a, 389.41, 389.51, 389.52, 389.54, 389.61, 389.82, 389.85, and 389.111), section 21 as amended by 2013 PA 53, sections 34, 34a, 51, 52, and 54 as amended by 2003 PA 306, section 41 as amended by 2004 PA 446, section 61 as amended and section 85 as added by 2000 PA 488, section 82 as amended by 1992 PA 20, and section 111 as amended by 1997 PA 135.

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

Rep. Leonard introduced

House Bill No. 5814, entitled

A bill to authorize the state administrative board to convey certain state-owned property located in Gratiot county; to prescribe conditions for the conveyance; to provide for the disposition of revenue derived from the conveyance; and to provide for the powers and duties of certain state departments.

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

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, September 11:

Senate Bill Nos. 1049 1050 1051 1052 1053 1054 1055 1056

The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, September 16:

House Bill No. 5798

Senate Bill No. 1074

Third Reading of Bills

House Bill No. 5233, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 4701, 4702, 4703, 4704, 4705, 4706, 4707, and 4708 (MCL 600.4701, 600.4702, 600.4703, 600.4704, 600.4705, 600.4706, 600.4707, and 600.4708), section 4701 as amended by 2010 PA 363, section 4702 as amended by 2012 PA 350, sections 4703, 4704, 4705, and 4708 as amended by 2006 PA 128, and sections 4706 and 4707 as added by 1988 PA 104.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Heise moved to amend the bill as follows:

1. Amend page 8, line 20, after “Within” by striking out “56” and inserting “28”.

2. Amend page 12, line 17, after “within” by striking out “56” and inserting “28”.

3. Amend page 12, line 18, after “within” by striking out “56” and inserting “28”.

4. Amend page 13, line 5, after “ADDITIONAL” by striking out “56” and inserting “28”.

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. 463 Yeas—93

Abed Glardon Lauwers Rutledge

Bolger Graves LaVoy Santana

Brinks Greimel Leonard Schmidt

Brown Haines Lund Schor

Brunner Haugh Lyons Segal

Callton Haveman MacGregor Shirkey

Cavanagh Heise McBroom Singh

Clemente Hobbs McCann Slavens

Cochran Hooker McCready Smiley

Cotter Jacobsen Muxlow Somerville

Crawford Jenkins Nesbitt Stamas

Daley Johnson O’Brien Stanley

Darany Kandrevas Oakes Switalski

Denby Kelly Outman Talabi

Dianda Kesto Pagel Tlaib

Dillon Kivela Pettalia Townsend

Driskell Knezek Phelps VerHeulen

Durhal Kosowski Poleski Victory

Faris Kowall Price Walsh

Farrington Kurtz Pscholka Yanez

Forlini LaFontaine Rendon Yonker

Foster Lamonte Roberts Zemke

Geiss Lane Rogers Zorn

Genetski

Nays—13

Banks Goike Irwin Potvin

Barnett Hovey-Wright McMillin Robinson

Bumstead Howrylak Nathan Stallworth

Franz

In The Chair: Walsh

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. 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 unnecessary as human trafficking is already covered in statute. Furthermore, government seizure of assets potentially makes it harder for human trafficking victims to obtain assets, via civil action, from those who perpetrated the crimes against them.”

Second Reading of Bills

Senate Bill No. 473, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 703 (MCL 206.703), as amended by 2013 PA 15.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4915, entitled

A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2010 PA 280.

The bill was read a second time.

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

The motion prevailed.

______

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

The motion prevailed.

______

Rep. LaFontaine moved that the House adjourn.

The motion prevailed, the time being 3:10 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, September 17, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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