No. 15

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Tuesday, February 17, 2015.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

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

Afendoulis—present Franz—present Kosowski—present Potvin—present

Banks—present Gamrat—present LaFontaine—present Price—present

Barrett—present Garcia—present Lane—present Pscholka—present

Bizon—present Garrett—present Lauwers—present Rendon—present

Brinks—present Gay-Dagnogo—present LaVoy—present Roberts, B.—present

Brunner—present Geiss—present Leonard—present Roberts, S.—present

Bumstead—present Glardon—present Leutheuser—present Robinson—present

Byrd—present Glenn—present Liberati—present Runestad—present

Callton—present Goike—present Love—present Rutledge—present

Canfield—present Graves—present Lucido—present Santana—present

Chang—present Greig—present Lyons—present Schor—present

Chatfield—present Greimel—present Maturen—present Sheppard—present

Chirkun—present Guerra—present McBroom—present Singh—present

Clemente—present Heise—present McCready—present Smiley—present

Cochran—present Hoadley—present Miller, A.—present Somerville—present

Cole—present Hooker—present Miller, D.—present Talabi—present

Cotter—present Hovey-Wright—present Moss—present Tedder—present

Courser—present Howrylak—present Muxlow—present Theis—present

Cox—present Hughes—present Neeley—present Townsend—present

Crawford—present Iden—present Nesbitt—present Vaupel—present

Darany—present Inman—present Outman—present VerHeulen—present

Dianda—present Irwin—present Pagan—present Victory—present

Dillon—present Jacobsen—present Pagel—present Webber—present

Driskell—present Jenkins—present Pettalia—present Wittenberg—present

Durhal—present Johnson—present Phelps—present Yanez—present

Faris—present Kelly—present Plawecki—present Yonker—present

Farrington—present Kesto—present Poleski—present Zemke—present

Forlini—present Kivela—present

e/d/s = entered during session

Rev. Dr. James Green, Pastor of Parker Memorial Baptist Church in Lansing, offered the following invocation:

“Our Lord and Heavenly Father, we gather today to humbly ask for Your guidance for the men and ladies that You have ordained to govern in the affairs of the great state of Michigan at this time in history.

Truly You have divinely blessed our state with industry, agriculture, and education. You have blessed us with natural beauty from Copper Harbor to the Straits of Mackinac and throughout the mitten of the lower peninsula. Truly this is ‘Pure Michigan’ because of Your handiwork.

As Benjamin Franklin said to the Constitutional Convention that he was convinced of the proof of this truth, ‘…that God governs in the affairs of men. And if a sparrow cannot fall to the ground without his notice, is it probable that an empire’ or a state can rise or govern without His aid and watchful help and wisdom?

For the sake and future of our children, communities, and family values, much responsibility is put on these men and women. Lord, give these leaders wisdom and prudence and Your guiding hand to direct in the affairs of this great state.

I pray for Your richest blessings upon this assembly today.

In Your Son’s name, Jesus Christ, we pray. Amen.”

______

The Speaker assumed the Chair.

Motions and Resolutions

Reps. Sarah Roberts, Chang, Darany, Gay-Dagnogo, Faris, Schor, Maturen, Byrd, LaVoy, Crawford, Yanez, Townsend, Pagan, Wittenberg, Chirkun, Greig, Hoadley and Plawecki offered the following resolution:

House Resolution No. 15.

A resolution to encourage the U.S. Congress to reauthorize the Older Americans Act.

Whereas, This year marks the fiftieth anniversary of the Older Americans Act. This act stands among the hallmark statutes that have been instrumental in improving the lives of older adults. Originally introduced in 1964, the Older Americans Act, through grants to states, enable an important range of support services for seniors including nutrition services, such as Meals on Wheels, elder abuse programs, and the support of senior centers; and

Whereas, The programs provided under the umbrella of the Older Americans Act are as important as ever as we face a proliferating baby boomer population. The program also support home care services through the Home and Community Based Services (HCBS) program. For many seniors, these services are a lifeline in providing for their care and meeting basic needs; and

Whereas, The Older Americans Act was last reauthorized in 2011 although appropriations for programs have continued each year. In 2014, Congress appropriated $1.9 billion for these programs. Passage of S. 192 would reauthorize this essential act through 2018. The continuation of programs for seniors through reauthorization of this law would send a clear signal that serving this vital population is a high priority; now, therefore, be it

Resolved by the House of Representatives, That we encourage the U.S. Congress to reauthorize the Older Americans Act; 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, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Families, Children, and Seniors.

Reps. Sarah Roberts, Darany, Chang, Gay-Dagnogo, Faris, Schor, Maturen, Guerra, Byrd, LaVoy, Crawford, Yanez, Townsend, Pagan, Chirkun, Greig, Hoadley and Plawecki offered the following concurrent resolution:

House Concurrent Resolution No. 2.

A concurrent resolution to encourage the U.S. Congress to reauthorize the Older Americans Act.

Whereas, This year marks the fiftieth anniversary of the Older Americans Act. This act stands among the hallmark statutes that have been instrumental in improving the lives of older adults. Originally introduced in 1964, the Older Americans Act, through grants to states, enable an important range of support services for seniors including nutrition services, such as Meals on Wheels, elder abuse programs, and the support of senior centers; and

Whereas, The programs provided under the umbrella of the Older Americans Act are as important as ever as we face a proliferating baby boomer population. The program also support home care services through the Home and Community Based Services (HCBS) program. For many seniors, these services are a lifeline in providing for their care and meeting basic needs; and

Whereas, The Older Americans Act was last reauthorized in 2011 although appropriations for programs have continued each year. In 2014, Congress appropriated $1.9 billion for these programs. Passage of S. 192 would reauthorize this essential act through 2018. The continuation of programs for seniors through reauthorization of this law would send a clear signal that serving this vital population is a high priority; now, therefore, be it

Resolved by the House of Representatives, (the Senate concurring), That we encourage the U.S. Congress to reauthorize the Older Americans Act; 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, and the members of the Michigan congressional delegation.

The concurrent resolution was referred to the Committee on Families, Children, and Seniors.

Reports of Standing Committees

The Committee on Elections, by Rep. Lyons, Chair, reported

Senate Bill No. 44, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 613a (MCL 168.613a), as amended by 2011 PA 163.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lyons, Leutheuser, Heise, Jacobsen, Kesto and Driskell

Nays: None

The Committee on Elections, by Rep. Lyons, Chair, reported

Senate Bill No. 45, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2005 PA 71.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lyons, Leutheuser, Heise, Jacobsen, Kesto and Driskell

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 17, 2015

Present: Reps. Lyons, Leutheuser, Heise, Jacobsen, Kesto, Driskell, Irwin and Hoadley

Third Reading of Bills

House Bill No. 4068, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 659 (MCL 168.659), as amended by 2014 PA 94.

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

Roll Call No. 5 Yeas—109

Afendoulis Franz Kivela Poleski

Banks Gamrat Kosowski Potvin

Barrett Garcia LaFontaine Price

Bizon Garrett Lane Pscholka

Brinks Gay-Dagnogo Lauwers Rendon

Brunner Geiss LaVoy Roberts, B.

Bumstead Glardon Leonard Roberts, S.

Byrd Glenn Leutheuser Runestad

Callton Goike Liberati Rutledge

Canfield Graves Love Santana

Chang Greig Lucido Schor

Chatfield Greimel Lyons Sheppard

Chirkun Guerra Maturen Singh

Clemente Heise McBroom Smiley

Cochran Hoadley McCready Somerville

Cole Hooker Miller, A. Talabi

Cotter Hovey-Wright Miller, D. Tedder

Courser Howrylak Moss Theis

Cox Hughes Muxlow Townsend

Crawford Iden Neeley Vaupel

Darany Inman Nesbitt VerHeulen

Dianda Irwin Outman Victory

Dillon Jacobsen Pagan Webber

Driskell Jenkins Pagel Wittenberg

Durhal Johnson Pettalia Yanez

Faris Kelly Phelps Yonker

Farrington Kesto Plawecki Zemke

Forlini

Nays—1

Robinson

In The Chair: Cotter

The House agreed to the title of the bill.

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

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

Reps. Brunner, Darany, Dianda, Driskell, Glenn, Goike, Hooker, Hovey-Wright, Irwin, LaVoy, Leutheuser, Lyons, Derek Miller, Moss, Neeley, Phelps, Rutledge, Singh, Smiley and Townsend were named co‑sponsors of the bill.

Second Reading of Bills

House Bill No. 4110, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2014 PA 196 and section 17b as amended by 2007 PA 137.

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

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Pscholka moved to amend the bill as follows:

1. Amend page 2, following line 24, by inserting:

“Sec. 18. (1) Except as provided in another section of this article, each district or other entity shall apply the money received by the district or entity under this article to salaries and other compensation of teachers and other employees, tuition, transportation, lighting, heating, ventilation, water service, the purchase of textbooks, other supplies, and any other school operating expenditures defined in section 7. However, not more than 20% of the total amount received by a district under sections 22a and 22b or received by an intermediate district under section 81 may be transferred by the board to either the capital projects fund or to the debt retirement fund for debt service. The money shall not be applied or taken for a purpose other than as provided in this section. The department shall determine the reasonableness of expenditures and may withhold from a recipient of funds under this article the apportionment otherwise due upon a violation by the recipient.

(2) Within 15 days after a board adopts its annual operating budget for the following school fiscal year, or after a board adopts a subsequent revision to that budget, the district shall make all of the following available through a link on its website home page, or may make the information available through a link on its intermediate district’s website home page, in a form and manner prescribed by the department:

(a) The annual operating budget and subsequent budget revisions.

(b) Using data that have already been collected and submitted to the department, a summary of district expenditures for the most recent fiscal year for which they are available, expressed in the following 2 pie charts:

(i) A chart of personnel expenditures, broken into the following subcategories:

(A) Salaries and wages.

(B) Employee benefit costs, including, but not limited to, medical, dental, vision, life, disability, and long-term care benefits.

(C) Retirement benefit costs.

(D) All other personnel costs.

(ii) A chart of all district expenditures, broken into the following subcategories:

(A) Instruction.

(B) Support services.

(C) Business and administration.

(D) Operations and maintenance.

(c) Links to all of the following:

(i) The current collective bargaining agreement for each bargaining unit.

(ii) Each health care benefits plan, including, but not limited to, medical, dental, vision, disability, long-term care, or any other type of benefits that would constitute health care services, offered to any bargaining unit or employee in the district.

(iii) The audit report of the audit conducted under subsection (4) for the most recent fiscal year for which it is available.

(iv) The bids required under section 5 of the public employee health benefits act, 2007 PA 106, MCL 124.75.

(v) The district’s written policy governing procurement of supplies, materials, and equipment.

(vi) The district’s written policy establishing specific categories of reimbursable expenses, as described in section 1254(2) of the revised school code, MCL 380.1254.

(vii) Either the district’s accounts payable check register for the most recent school fiscal year or a statement of the total amount of expenses incurred by board members or employees of the district that were reimbursed by the district for the most recent school fiscal year.

(d) The total salary and a description and cost of each fringe benefit included in the compensation package for the superintendent of the district and for each employee of the district whose salary exceeds $100,000.00.

(e) The annual amount spent on dues paid to associations.

(f) The annual amount spent on lobbying or lobbying services. As used in this subdivision, “lobbying” means that term as defined in section 5 of 1978 PA 472, MCL 4.415.

(g) Any deficit elimination plan or enhanced deficit elimination plan the district was required to submit under this article.

(h) Identification of all credit cards maintained by the district as district credit cards, the identity of all individuals authorized to use each of those credit cards, the credit limit on each credit card, and the dollar limit, if any, for each individual’s authorized use of the credit card.

(i) Costs incurred for each instance of out-of-state travel by the school administrator of the district that is fully or partially paid for by the district and the details of each of those instances of out-of-state travel, including at least identification of each individual on the trip, destination, and purpose.

(3) For the information required under subsection (2)(a), (2)(b)(i), and (2)(c), an intermediate district shall provide the same information in the same manner as required for a district under subsection (2).

(4) For the purposes of determining the reasonableness of expenditures, whether a district or intermediate district has received the proper amount of funds under this article, and whether a violation of this article has occurred, all of the following apply:

(a) The department shall require that each district and intermediate district have an audit of the district’s or intermediate district’s financial and pupil accounting records conducted at least annually, and at such other times as determined by the department, at the expense of the district or intermediate district, as applicable. The audits must be performed by a certified public accountant or by the intermediate district superintendent, as may be required by the department, or in the case of a district of the first class by a certified public accountant, the intermediate superintendent, or the auditor general of the city. A district or intermediate district shall retain these records for the current fiscal year and from at least the 3 immediately preceding fiscal years.

(b) If a district operates in a single building with fewer than 700 full-time equated pupils, if the district has stable membership, and if the error rate of the immediately preceding 2 pupil accounting field audits of the district is less than 2%, the district may have a pupil accounting field audit conducted biennially but must continue to have desk audits for each pupil count. The auditor must document compliance with the audit cycle in the pupil auditing manual. As used in this subdivision, “stable membership” means that the district’s membership for the current fiscal year varies from the district’s membership for the immediately preceding fiscal year by less than 5%.

(c) A district’s or intermediate district’s annual financial audit shall include an analysis of the financial and pupil accounting data used as the basis for distribution of state school aid.

(d) The pupil and financial accounting records and reports, audits, and management letters are subject to requirements established in the auditing and accounting manuals approved and published by the department.

(e) All of the following shall be done not later than November 15, 2014 for reporting 2013-2014 data during 2014-2015, and not later than October 15 NOVEMBER 1 for reporting the prior fiscal year data for all subsequent fiscal years:

(i) A district shall file the annual financial audit reports with the intermediate district and the department.

(ii) The intermediate district shall file the annual financial audit reports for the intermediate district with the department.

(iii) The intermediate district shall enter the pupil membership audit reports for its constituent districts and for the intermediate district, for the pupil membership count day and supplemental count day, in the Michigan student data system.

(f) The annual financial audit reports and pupil accounting procedures reports shall be available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(g) Not later than January 31 of each year, the department shall notify the state budget director and the legislative appropriations subcommittees responsible for review of the school aid budget of districts and intermediate districts that have not filed an annual financial audit and pupil accounting procedures report required under this section for the school year ending in the immediately preceding fiscal year.

(5) By November 15, 2014 for 2014-2015 and by October 15 NOVEMBER 1 for all subsequent fiscal years, each district and intermediate district shall submit to the center, in a manner prescribed by the center, annual comprehensive financial data consistent with accounting manuals and charts of accounts approved and published by the department. For an intermediate district, the report shall also contain the website address where the department can access the report required under section 620 of the revised school code, MCL 380.620. The department shall ensure that the prescribed Michigan public school accounting manual chart of accounts includes standard conventions to distinguish expenditures by allowable fund function and object. The functions shall include at minimum categories for instruction, pupil support, instructional staff support, general administration, school administration, business administration, transportation, facilities operation and maintenance, facilities acquisition, and debt service; and shall include object classifications of salary, benefits, including categories for active employee health expenditures, purchased services, supplies, capital outlay, and other. Districts shall report the required level of detail consistent with the manual as part of the comprehensive annual financial report.

(6) By September 30 of each year, each district and intermediate district shall file with the department the special education actual cost report, known as “SE-4096”, on a form and in the manner prescribed by the department.

(7) By October 7 of each year, each district and intermediate district shall file with the center the transportation expenditure report, known as “SE-4094”, on a form and in the manner prescribed by the center.

(8) The department shall review its pupil accounting and pupil auditing manuals at least annually and shall periodically update those manuals to reflect changes in this article.

(9) If a district that is a public school academy purchases property using money received under this article, the public school academy shall retain ownership of the property unless the public school academy sells the property at fair market value.

(10) If a district or intermediate district does not comply with subsections (4), (5), (6), and (7), the department shall withhold all state school aid due to the district or intermediate district under this article, beginning with the next payment due to the district or intermediate district, until the district or intermediate district complies with subsections (4), (5), (6), and (7). However, the department shall not withhold the payment due on October 20 due to the operation of this subsection. If the district or intermediate district does not comply with subsections (4), (5), (6), and (7) by the end of the fiscal year, the district or intermediate district forfeits the amount withheld.

(11) Not later than November 1, 2014, if a district or intermediate district offers online learning under section 21f, the district or intermediate district shall submit to the department a report that details the per-pupil costs of operating the online learning by vendor type. The report shall include at least all of the following information concerning the operation of online learning for the school fiscal year ending June 30, 2014:

(a) The name of the district operating the online learning and of each district that enrolled students in the online learning.

(b) The total number of students enrolled in the online learning and the total number of membership pupils enrolled in the online learning.

(c) For each pupil who is enrolled in a district other than the district offering online learning, the name of that district.

(d) The district in which the pupil was enrolled before enrolling in the district offering online learning.

(e) The number of participating students who had previously dropped out of school.

(f) The number of participating students who had previously been expelled from school.

(g) The total cost to enroll a student in the program. This cost shall be reported on a per-pupil, per-course, per-semester or trimester basis by vendor type. The total shall include costs broken down by cost for content development, content licensing, training, online instruction and instructional support, personnel, hardware and software, payment to each online learning provider, and other costs associated with operating online learning.

(h) The name of each online education provider contracted by the district and the state in which each online education provider is headquartered.

(12) Not later than March 31, 2015, the department shall submit to the house and senate appropriations subcommittees on state school aid, the state budget director, and the house and senate fiscal agencies a report summarizing the per pupil costs by vendor type of online courses available under section 21f.

(13) As used in subsections (11) and (12), “vendor type” means the following:

(a) Online courses provided by the Michigan virtual university.

(b) Online courses provided by a school of excellence that is a cyber school, as defined in section 551 of the revised school code, MCL 380.551.

(c) Online courses provided by third party vendors not affiliated with a Michigan public school.

(d) Online courses created and offered by a district or intermediate district.”.

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

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

The motion prevailed.

House Bill No. 4112, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.

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

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Pscholka moved to amend the bill as follows:

1. Amend page 2, following line 12, by inserting:

“Full-time equated classified positions.............................................................................5.0”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 3, following line 16, by inserting:

“Full-time equated classified positions.............................................................................5.0”

and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 3, line 17, after “administration” by inserting “—5.0 FTE positions” and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 11, following line 15, by inserting:

Sec. 107. JUDICIARY

(1) APPROPRIATION SUMMARY

Full-time equated exempted positions.....................................................................................2.0

GROSS APPROPRIATION.......................................................................................................... $ 0

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers................................................... 0

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 0

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

Total private revenues................................................................................................................... 0

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 0

(2) INDIGENT DEFENSE - CRIMINAL

Full-time equated exempted positions.....................................................................................2.0

Michigan indigent defense commission—2.0 FTE positions....................................................... 0

GROSS APPROPRIATION.......................................................................................................... $ 0

Appropriated from:

State general fund/general purpose.............................................................................................. $ 0”

renumbering the remaining sections and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 16, line 15, by striking out all of subsection (3), renumbering the remaining subsection, and adjusting the subtotals, totals, and section 201 accordingly.

6. Amend page 21, following line 23, by inserting:

(9) GRANTS

May election administration......................................................................................................... $ 10,000,000

GROSS APPROPRIATION.......................................................................................................... $ 10,000,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 10,000,000”

and adjusting the subtotals, totals, and section 201 accordingly.

7. Amend page 22, line 13, after “OF” by striking out “STATE” and inserting “TREASURY”.

8. Amend page 22, line 14, by striking out “Election administration and services” and inserting “May election administration”.

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

Rep. Greimel moved to amend the bill as follows:

1. Amend page 21, line 12, by striking out all of line 12 and adjusting the subtotals, totals, and section 201 accordingly.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Singh moved to amend the bill as follows:

1. Amend page 3, line 24, by striking out “(20,000,000)” and inserting “(5,490,400)”.

2. Amend page 4, line 6, by striking out “(112,615,300)” and inserting “(103,105,700)”.

3. Amend page 4, following line 9, by inserting:

“Countercyclical budget and economic stabilization fund...................................................... 5,000,000”

and adjusting the subtotals, totals, and section 201 accordingly.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

Senate Bill No. 44, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 613a (MCL 168.613a), as amended by 2011 PA 163.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 45, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2005 PA 71.

The bill was read a second time.

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

The motion prevailed.

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

The motion prevailed.

______

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

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 and joint resolution had been printed and placed upon the files of the members on Thursday, February 12:

Senate Bill Nos. 103 104 105 106 107 108

Senate Joint Resolution H

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, February 13:

House Bill Nos. 4188 4189 4190 4191 4192 4193 4194 4195 4196 4197 4198

The Clerk announced that the following Senate bills had been received on Tuesday, February 17:

Senate Bill Nos. 42 54 55

Messages from the Senate

Senate Bill No. 42, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 7a, 18b, 25, 67a, 212, 259, 306, 307, 309, 310d, 310e, 312e, 312f, 319, 319b, 324, 732, 803b, and 904 (MCL 257.7a, 257.18b, 257.25, 257.67a, 257.212, 257.259, 257.306, 257.307, 257.309, 257.310d, 257.310e, 257.312e, 257.312f, 257.319, 257.319b, 257.324, 257.732, 257.803b, and 257.904), sections 7a and 212 as amended by 2002 PA 534, section 18b as added and section 67a as amended by 1988 PA 346, section 306 as amended by 2014 PA 120, section 307 as amended by 2012 PA 55, section 309 as amended by 2012 PA 355, section 310d as amended by 2004 PA 62, section 310e as amended by 2011 PA 124, sections 312e and 803b as amended by 2011 PA 159, section 312f as amended by 2012 PA 473, section 319 as amended by 2012 PA 306, section 319b as amended by 2012 PA 498, section 324 as amended by 2006 PA 298, section 732 as amended by 2012 PA 592, and section 904 as amended by 2008 PA 461, and by adding section 306a.

The Senate has passed the bill.

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

Senate Bill No. 54, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40104, 40112, and 48703a (MCL 324.40104, 324.40112, and 324.48703a), section 40104 as added by 1995 PA 57, section 40112 as amended by 1996 PA 316, and section 48703a as amended by 2014 PA 281.

The Senate has passed the bill.

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

Senate Bill No. 55, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111c (MCL 324.40111c), as added by 2008 PA 301.

The Senate has passed the bill.

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

Notices

February 17, 2015

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

Pursuant to MCL 399.1, I am reappointing the following person to the Michigan Historical Commission:

Mr. Joseph Calvaruso

Sincerely,

Kevin Cotter

Speaker of the House

99th District

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Resolution No. 13.

A resolution to support the Marquette County Road Commission’s appeal of the U.S. Environmental Protection Agency’s objection to the planned construction of County Road 595.

(For text of concurrent resolution, see House Journal No. 8, p. 84.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley

Nays: None

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

House Concurrent Resolution No. 1.

A concurrent resolution to support the Marquette County Road Commission’s appeal of the U.S. Environmental Protection Agency’s objection to the planned construction of County Road 595.

(For text of concurrent resolution, see House Journal No. 9, p. 90.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 17, 2015

Present: Reps. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 17, 2015

Present: Reps. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Phelps, Geiss, Liberati, Neeley and Wittenberg

Introduction of Bills

Rep. Somerville introduced

House Bill No. 4199, entitled

A bill to prohibit certain terms in public employment contracts; to prohibit severance pay for voluntary termination of employment; to limit contract terms and payments for early termination of certain contracts; and to provide for civil fines.

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

Rep. Somerville introduced

House Bill No. 4200, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2012 PA 223.

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

Rep. Somerville introduced

House Bill No. 4201, entitled

A bill to direct the expenditure of a certain portion of a county millage to certain local units of government.

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

Rep. Somerville introduced

House Bill No. 4202, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1272b (MCL 380.1272b).

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

Rep. Callton introduced

House Bill No. 4203, entitled

A bill to amend 1931 PA 327, entitled “An act to provide for the organization, regulation and classification of corporations; to provide their rights, powers and immunities; to prescribe the conditions on which corporations may exercise their powers; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to do business within this state; to require certain annual reports to be filed by corporations; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations,” by amending section 157 (MCL 450.157).

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

Rep. Graves introduced

House Bill No. 4204, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 55 (MCL 400.55), as amended by 1998 PA 516.

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

Rep. Schor introduced

House Bill No. 4205, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending the heading of part 58 and sections 5801, 5805, 5815, 5817, 5821, 5823, 5825, 5828, 5831, 5835, 5841, 5843, 5847, 5863, 5871, 5874, and 5879 (MCL 333.5801, 333.5805, 333.5815, 333.5817, 333.5821, 333.5823, 333.5825, 333.5828, 333.5831, 333.5835, 333.5841, 333.5843, 333.5847, 333.5863, 333.5871, 333.5874, and 333.5879), section 5805 as amended by 1988 PA 236 and section 5817 as amended by 1998 PA 88; and to repeal acts and parts of acts.

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

Reps. Geiss, Garrett, Darany, Chang, Durhal, LaVoy, Love, Santana, Sarah Roberts, Faris, Brinks, Banks, Callton, Gay‑Dagnogo and Moss introduced

House Bill No. 4206, entitled

A bill to require human breast milk banks, companies, and cooperatives to comply with certain standards; to provide for education and support of certain breastfeeding mothers; and to prescribe the powers and duties of certain state departments.

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

Reps. Yonker, Franz, Robinson, Dillon, Poleski, Goike, Howrylak, Johnson, Crawford, Outman, Hovey-Wright, Banks, Somerville and Pagel introduced

House Bill No. 4207, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2701, 5119, 16125, 16161, 16163, 16216, 16231, 16231a, 16315, 16327, 17201, 17210, 17211, 17212, 17221, 17607, 17708, 17745, 17820, 17822, 18301, and 20201 (MCL 333.2701, 333.5119, 333.16125, 333.16161, 333.16163, 333.16216, 333.16231, 333.16231a, 333.16315, 333.16327, 333.17201, 333.17210, 333.17211, 333.17212, 333.17221, 333.17607, 333.17708, 333.17745, 333.17820, 333.17822, 333.18301, and 333.20201), section 2701 as amended by 2014 PA 172, section 5119 as amended by 2000 PA 209, sections 16125 and 16161 as amended by 1989 PA 202, section 16163 as amended by 2002 PA 643, section 16216 as amended by 2014 PA 98, section 16231 as amended by 2014 PA 95, sections 16231a and 16315 as amended by 2013 PA 268, section 16327 as amended by 2009 PA 216, sections 17211 and 17221 as amended by 2006 PA 409, section 17212 as added by 1996 PA 355, section 17607 as added by 2008 PA 524, section 17708 as amended by 2012 PA 209, section 17745 as amended by 2014 PA 311, section 17820 as amended by 2014 PA 260, section 17822 as amended by 2005 PA 281, section 18301 as amended by 2008 PA 523, and section 20201 as amended by 2011 PA 210, and by adding sections 17202, 17210a, 17211a, 17214, and 17221a.

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

Reps. Durhal, Robinson, Brinks, Dillon, LaVoy, Faris, Townsend, Singh, Phelps, Guerra, Byrd, Cochran, Chang, Hoadley, Garrett, Plawecki, Brunner, Smiley, Talabi, Darany, Greig, Banks, Yanez, Neeley, Irwin, Sarah Roberts, Santana, Gay-Dagnogo, Love, Moss, Pagan, Wittenberg, Kosowski, Zemke and Hovey-Wright introduced

House Bill No. 4208, entitled

A bill to prohibit certain inquiries in employment applications; and to provide remedies.

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

Reps. Callton, Kivela, Howrylak, Durhal, Lyons, Pettalia, Hovey-Wright, Dianda, Chang, Neeley, Irwin, Pscholka, Bumstead, Yonker, Canfield, Kelly, Lucido, Maturen, Schor, Brinks and Faris introduced

House Bill No. 4209, entitled

A bill to license and regulate medical marihuana provisioning centers and safety compliance facilities; 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; to create an advisory panel; and to require the promulgation of rules.

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

Reps. Lyons, Goike, Bumstead, Yonker, Kelly, Pettalia, Callton, Pscholka, Potvin, Dillon, Irwin, Hoadley, Maturen, Singh, Sarah Roberts and Kosowski introduced

House Bill No. 4210, entitled

A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending sections 3, 4, 6, 7, and 8 (MCL 333.26423, 333.26424, 333.26426, 333.26427, and 333.26428), sections 3, 4, and 8 as amended by 2012 PA 512 and section 6 as amended by 2012 PA 514, and by adding section 4a.

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

Rep. Lyons introduced

House Bill No. 4211, entitled

A bill to amend 1993 PA 331, entitled “State education tax act,” by amending section 3 (MCL 211.903), as amended by 2011 PA 318.

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

Reps. Victory, Price, Garcia, Forlini and Poleski introduced

House Bill No. 4212, entitled

A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15.

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

Rep. Lyons introduced

House Bill No. 4213, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2014 PA 310.

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

Rep. Lyons introduced

House Bill No. 4214, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 759a and 761 (MCL 168.759a and 168.761), as amended by 2012 PA 523.

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

Reps. Victory, Price, Garcia, Forlini and Poleski introduced

House Bill No. 4215, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2012 PA 14.

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

Reps. Johnson, Franz, Graves, Cole, Hooker and Glenn introduced

House Bill No. 4216, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2012 PA 223.

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

Reps. Rendon, Chatfield, Cole, Johnson, Goike, Runestad, Bumstead, Potvin, McBroom, Franz, Yonker, Outman, Glenn, Lyons, Glardon, Barrett, Hooker, LaFontaine, Hughes, Kelly, Pettalia, LaVoy, Muxlow, Inman and Kivela introduced

House Joint Resolution H, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 28 to article I, to recognize a right to hunt, trap, or fish for, and to harvest, game or fish.

The joint resolution was read a first time by its title and referred to the Committee on Natural Resources.

Rep. Lyons introduced

House Joint Resolution I, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 3 of article IX, to limit the increase in taxable value of property under certain circumstances.

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

Announcements by the Clerk

February 13, 2015

Received from the Auditor General a copy of the following audit report and/or report summary:

Performance audit of the Office of Rail, Michigan Department of Transportation, February, 2015.

February 13, 2015

Received from the Auditor General a copy of the following audit report and/or report summary:

Financial audit of the Michigan Economic Development Corporation (MEDC), a discretely presented component unit of the State of Michigan, for the fiscal year ended September 30, 2014.

Gary L. Randall

Clerk of the House

______

Rep. Smiley moved that the House adjourn.

The motion prevailed, the time being 3:15 p.m.

Associate Speaker Pro Tempore Franz declared the House adjourned until Wednesday, February 18, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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