No. 103

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Thursday, December 17, 2015.

12:00 Noon.

The House was called to order by the Clerk.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was not present.

Rep. Bradford C. Jacobsen, from the 46th District, offered the following invocation:

“Heavenly Father in this joyous time of year, we ask for Your kind hand to help us and our fellow man, who may be suffering, understand the joy that You have brought to this earth. Please help all our members in the House, Senate and in public office do Your will for the best of all mankind. Amen.”

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, December 17:

House Bill Nos. 5163 5164 5165 5166 5167 5168

Messages from the Senate

House Concurrent Resolution No. 19.

A concurrent resolution providing for the final adjournment of the Legislature.

(For text of resolution, see House Journal No. 102, p. 2221.)

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

Notices

Pursuant to Rule 41, the Speaker has made the following referral:

House Bill No. 5163 referred to the Committee on Appropriations.

Introduction of Bills

Reps. Poleski, Brett Roberts, Pagel, Bumstead and Forlini introduced

House Bill No. 5169, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 506 and 520 (MCL 206.506 and 206.520), section 506 as amended by 1996 PA 484 and section 520 as amended by 2015 PA 179; and to repeal acts and parts of acts.

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

Rep. Townsend introduced

House Bill No. 5170, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2014 PA 80.

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

Rep. Glardon introduced

House Bill No. 5171, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2015 PA 11.

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

Reps. Pagan, Robinson, Guerra, Faris, Hoadley, Plawecki, Cochran and Greig introduced

House Bill No. 5172, entitled

A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by repealing section 4b (MCL 408.414b).

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

Rep. Pagan introduced

House Bill No. 5173, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509t (MCL 168.509t), as amended by 2004 PA 92.

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

Reps. Pagan, Hoadley, Plawecki, Cochran, Greig, Irwin, Driskell, Robinson, Zemke, LaVoy and Chang introduced

House Bill No. 5174, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 149.

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

Reps. Wittenberg, Pagan, Greig, Durhal, Hoadley, Sarah Roberts, Plawecki, Moss, Yanez, Chang, Chirkun, Cochran, Byrd, Robinson, Hovey-Wright, Zemke, Darany, Guerra, Talabi and Garrett introduced

House Bill No. 5175, entitled

A bill to require certain employers to accept and accommodate a request for changes to an employee’s work schedule; to specify the procedure and grounds for denying a request; to require notice or posting of certain information; and to provide remedies and sanctions for a violation of the act.

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

Rep. Farrington introduced

House Bill No. 5176, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 14, 17, and 21 (MCL 123.1354, 123.1357, and 123.1361), sections 14 and 17 as amended by 2015 PA 122; and to repeal acts and parts of acts.

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

Reps. Canfield, Chang, Garrett and Neeley introduced

House Bill No. 5177, entitled

A bill to amend 1976 PA 399, entitled “Safe drinking water act,” (MCL 325.1001 to 325.1023) by adding section 18a.

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

Reps. Canfield, Plawecki, Chang and Neeley introduced

House Bill No. 5178, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 5e (MCL 117.5e).

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

Reps. Byrd, Robinson, Santana, Garrett, Zemke, Sarah Roberts, Love, Banks, Gay-Dagnogo and Phelps introduced

House Bill No. 5179, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7u (MCL 211.7u), as amended by 2012 PA 135.

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

Reps. Pagel, Callton, Sarah Roberts, Singh, Chang, Brett Roberts and Guerra introduced

House Bill No. 5180, entitled

A bill to provide financial and other assistance to certain retailers; to create certain funds; to authorize certain programs to be created, operated, and administered by this state, certain local governmental units, and other entities; to prescribe the powers and duties of certain state and certain local governmental officials; to make an appropriation; and to distribute certain funds.

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

Reps. Heise, Hughes, Santana, Plawecki, Darany, Yanez and Liberati introduced

House Bill No. 5181, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2a of chapter IV (MCL 764.2a), as amended by 2002 PA 483.

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

Reps. Howrylak, Darany, Phelps, Hooker, Plawecki, Bizon, Runestad, LaVoy, Zemke, Sarah Roberts, Cochran, Faris, Brinks, Irwin, Dianda, Chirkun, Wittenberg, Brunner, Chang, Rutledge, Talabi, Hoadley, Greig, Byrd, Gay-Dagnogo, Pagan, Liberati, Neeley, Smiley, Callton, Graves, Price, Crawford, Pagel, Inman, Hughes, Lucido, Vaupel, Garcia, Cox, LaFontaine and Aaron Miller introduced

House Bill No. 5182, entitled

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

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

Reps. Bizon, Howrylak, Runestad, LaVoy, Zemke, Garrett, Phelps, Sarah Roberts, Cochran, Faris, Brinks, Irwin, Darany, Dianda, Chirkun, Wittenberg, Brunner, Chang, Rutledge, Talabi, Plawecki, Hoadley, Liberati, Greig, Byrd, Gay-Dagnogo, Pagan, Neeley, Smiley, Callton, Graves, Price, Crawford, Hooker, Pagel, Inman, Hughes, Lucido, Vaupel, Garcia, Cox, LaFontaine and Aaron Miller introduced

House Bill No. 5183, entitled

A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 3 (MCL 408.203), as amended by 1988 PA 434.

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

Reps. Runestad, Bizon, Howrylak, LaVoy, Zemke, Phelps, Sarah Roberts, Cochran, Faris, Brinks, Irwin, Darany, Dianda, Chirkun, Wittenberg, Brunner, Chang, Rutledge, Talabi, Plawecki, Hoadley, Liberati, Greig, Byrd, Gay-Dagnogo, Pagan, Neeley, Smiley, Callton, Graves, Price, Crawford, Hooker, Pagel, Inman, Hughes, Lucido, Vaupel, Garcia, Cox, LaFontaine and Aaron Miller introduced

House Bill No. 5184, entitled

A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 5 (MCL 408.205), as amended by 1988 PA 434.

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

Reps. Price, Howrylak, Hooker, Plawecki, Bizon, Runestad, LaVoy, Zemke, Phelps, Sarah Roberts, Cochran, Faris, Brinks, Irwin, Darany, Dianda, Chirkun, Wittenberg, Brunner, Chang, Rutledge, Talabi, Hoadley, Liberati, Greig, Byrd, Gay-Dagnogo, Pagan, Neeley, Smiley, Callton, Graves, Crawford, Pagel, Inman, Hughes, Lucido, Vaupel, Garcia, Cox, LaFontaine and Aaron Miller introduced

House Bill No. 5185, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 221 (MCL 750.221).

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

Reps. Brinks, Phelps, Yanez, Faris, Howrylak, Chang, Singh, Plawecki, Hoadley, Rutledge, Talabi, Love, Chirkun, Derek Miller, Glenn, Wittenberg, Schor, Moss, Guerra, Durhal, Santana, Sarah Roberts, LaVoy, Zemke, Cochran, Irwin, Brunner, Gay-Dagnogo, Darany, Dianda, Liberati, Pagan, Neeley, Smiley, Callton, Graves, Price, Crawford, Hooker, Pagel, Bizon, Inman, Lucido, Runestad, Vaupel, Garcia, Cox, LaFontaine and Aaron Miller introduced

House Bill No. 5186, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1534 (MCL 380.1534).

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

Reps. Darany, Howrylak, Phelps, Yanez, Greig, Chirkun, Lane, Driskell, Rutledge, Plawecki, Faris, Singh, Hoadley, Talabi, Derek Miller, Glenn, Wittenberg, Schor, Moss, Guerra, Durhal, Santana, Sarah Roberts, Maturen, LaVoy, Zemke, Cochran, Irwin, Dianda, Brunner, Liberati, Gay-Dagnogo, Pagan, Neeley, Smiley, Callton, Graves, Price, Crawford, Hooker, Pagel, Bizon, Inman, Hughes, Lucido, Runestad, Vaupel, Garcia, Cox, LaFontaine and Aaron Miller introduced

House Bill No. 5187, entitled

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

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

Reps. Phelps, Brinks, Yanez, Faris, Howrylak, Chang, Singh, Plawecki, Hoadley, Rutledge, Talabi, Love, Chirkun, Derek Miller, Glenn, Wittenberg, Schor, Moss, Guerra, Durhal, Santana, LaFontaine, Sarah Roberts, Maturen, LaVoy, Zemke, Garrett, Cochran, Irwin, Dianda, Brunner, Darany, Liberati, Gay-Dagnogo, Pagan, Neeley, Kosowski, Smiley, Callton, Graves, Price, Crawford, Hooker, Pagel, Bizon, Inman, Lucido, Runestad, Vaupel, Garcia, Cox and Aaron Miller introduced

House Bill No. 5188, entitled

A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 4 (MCL 408.204), as amended by 1988 PA 434.

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

Reps. Lauwers, Brett Roberts, Glardon, Johnson, Rendon, Victory, Hughes, Jenkins, Garcia, Pagel, Cole, Leutheuser, Barrett, Brunner, Lyons, Vaupel, Kelly, Aaron Miller, Canfield, LaFontaine, Smiley, LaVoy, McBroom, Franz, Outman, Potvin, Sheppard, Price and Lucido introduced

House Bill No. 5189, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 36101, 36104, 36109, and 36110 (MCL 324.36101, 324.36104, 324.36109, and 324.36110), section 36101 as amended by 2008 PA 336, sections 36104 and 36110 as amended by 1996 PA 233, and section 36109 as amended by 2007 PA 174; and to repeal acts and parts of acts.

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

Reps. Brett Roberts, Lauwers, Glardon, Johnson, Rendon, Victory, Hughes, Jenkins, Garcia, Pagel, Cole, Leutheuser, Barrett, Brunner, Lyons, Vaupel, Kelly, Aaron Miller, Canfield, LaFontaine, Smiley, LaVoy, McBroom, Franz, Outman, Sheppard, Price, Potvin and Lucido introduced

House Bill No. 5190, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2015 PA 180, and by adding section 312.

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

Reps. Lauwers, Brett Roberts, Glardon, Johnson, Rendon, Victory, Hughes, Jenkins, Garcia, Pagel, Cole, Leutheuser, Barrett, Brunner, Lyons, Vaupel, Kelly, Aaron Miller, Canfield, LaFontaine, Smiley, LaVoy, McBroom, Franz, Outman, Sheppard, Price, Potvin and Lucido introduced

House Bill No. 5191, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 30 (MCL 205.30), as amended by 2014 PA 424.

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

Reps. Afendoulis, Poleski, Clemente and Howrylak introduced

House Bill No. 5192, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 720 and 728 (MCL 339.720 and 339.728), section 720 as amended by 2010 PA 215 and section 728 as amended by 2014 PA 177.

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

Reps. Garcia, Kelly, Price, Chatfield, Yonker, Barrett, Somerville, Callton, Greig and Tedder introduced

House Bill No. 5193, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1284a and 1284b (MCL 380.1284a and 380.1284b), section 1284a as added by 2007 PA 101 and section 1284b as amended by 2006 PA 235.

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

Reps. Garcia, Kelly, Price, Chatfield, Yonker and Callton introduced

House Bill No. 5194, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 15 (MCL 423.215), as amended by 2014 PA 414.

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

Reps. Townsend, Hoadley, Liberati, Wittenberg, Cochran, Greig, Byrd, Irwin, Hovey-Wright, Sarah Roberts, Darany, Faris, Schor, Durhal, Rutledge, Phelps, Pagan, Guerra, Singh and Zemke introduced

House Bill No. 5195, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 223 (MCL 750.223), as amended by 2012 PA 242, and by adding section 223a.

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

Reps. Hoadley, Townsend, Liberati, Wittenberg, Cochran, Greig, Byrd, Hovey-Wright, Sarah Roberts, Darany, Faris, Schor, Durhal, Rutledge, Phelps, Pagan, Guerra, Singh and Zemke introduced

House Bill No. 5196, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2014 PA 192.

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

Rep. Townsend introduced

House Bill No. 5197, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2681 and 2683 (MCL 333.2681 and 333.2683), section 2681 as added by 2006 PA 635 and section 2683 as added by 2006 PA 638, and by adding section 2684.

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

Rep. Chatfield introduced

House Bill No. 5198, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101, 3103, 3111b, and 3115 (MCL 324.3101, 324.3103, 324.3111b, and 324.3115), section 3101 as amended by 2006 PA 97, section 3103 as amended by 2005 PA 33, section 3111b as added by 2004 PA 142, and section 3115 as amended by 2004 PA 143, and by adding sections 3111c, 3111d, 3111e, 3115b, and 3135.

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

Rep. Chatfield introduced

House Bill No. 5199, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 226, 227, and 231 (MCL 750.226, 750.227, and 750.231), section 226 as amended by 2015 PA 26, section 227 as amended by 1986 PA 8, and section 231 as amended by 2006 PA 401.

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

Reps. Chatfield, Johnson, Aaron Miller, Bumstead and Cole introduced

House Bill No. 5200, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5c (MCL 28.425c), as amended by 2015 PA 3; and to repeal acts and parts of acts.

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

Reps. Chatfield, Johnson, Aaron Miller, Bumstead and Cole introduced

House Bill No. 5201, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 4.

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

Reps. Howrylak, LaVoy, Webber, Chang, Love, McBroom, Hoadley, Phelps, Brett Roberts, Chatfield, Callton, Clemente, Robinson, Pagan, Aaron Miller, Hughes, Hooker, McCready, Forlini, Townsend, Talabi, Vaupel, Muxlow, Santana, Darany, Banks, Greig, Wittenberg, Schor, Hovey-Wright, Moss, Tedder, Rutledge, Plawecki and Zemke introduced

House Bill No. 5202, entitled

A bill to create a youth advisory council; and to prescribe its powers and duties.

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

Reps. Howrylak, Heise, McCready, Hooker, Schor, Yanez, Faris, Lane, Chirkun, Phelps, Derek Miller, Plawecki, Aaron Miller and Price introduced

House Bill No. 5203, entitled

A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending sections 7 and 12 (MCL 28.457 and 28.462), 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. McBroom, Kivela and Dianda introduced

House Bill No. 5204, entitled

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

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

Reps. McBroom, Kivela, Aaron Miller and Dianda introduced

House Bill No. 5205, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 6a.

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

______

The Clerk declared the House adjourned until Friday, December 18, at 11:45 a.m.

GARY L. RANDALL

Clerk of the House of Representatives

2228 JOURNAL OF THE HOUSE [December 17, 2015] [No. 103

No. 103] [December 17, 2015] JOURNAL OF THE HOUSE 2229

2230 JOURNAL OF THE HOUSE [December 17, 2015] [No. 103

No. 103] [December 17, 2015] JOURNAL OF THE HOUSE 2231

2232 JOURNAL OF THE HOUSE [December 17, 2015] [No. 103

No. 103] [December 17, 2015] JOURNAL OF THE HOUSE 2233

2234