No. 30

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2016

House Chamber, Lansing, Wednesday, March 23, 2016.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Garcia—present

e/d/s = entered during session

Dr. Tyrone B. Martin, Pastor of Greater Morning Star Missionary Baptist Church in Mount Clemens, offered the following invocation:

“Our Father and God, Thou Whose name is holy throughout the heavens and the earth.

We stand before You and this assembly of ordained leaders to ask for Your hand of favor upon this body

of work that is before them to legislate.

So I ask You Lord God that Your wisdom would fill this hall of reason;

That Your servants may humble themselves to Your will and purpose;

That Your spirit may fill these Your servants with a consciences of justice and peace.

Father, I pray for the wisdom and guidance to allow Your grace to open our minds

That revelation of new ways and opportunity be given

For the enhancement of the economic stability of the Great Lakes State of Michigan.

Purify the hearts of Your servants, even as the waters of the lakes show forth Your purity.

Father, I ask that You would hear the cries of the youth.

Father, I ask that You would hear the plea of the teachers.

Father, I ask that You would hear the moans of the impoverished.

Have mercy upon the Great state of Michigan. O Lord, let Your light shine.

Let Your light shine upon us as the dew that glistens in the morning sunshine.

Let Your light shine upon us that the darkness may be dispelled.

Let Your light shine that Your people may prosper throughout the land.

The land created and given by Your hands O God, our hope and song.

Yes, grant unto this body Your grace and mercy

That the power of Your love O Lord may resonate in the heart of the land.

To You O Lord, be the power and glory for ever and ever Amen!”

______

Rep. Singh moved that Rep. Gay-Dagnogo be excused from today’s session.

The motion prevailed.

Motions and Resolutions

The Speaker laid before the House

House Resolution No. 252.

A resolution to declare April 3-9, 2016, as Testicular Cancer Awareness Week in the state of Michigan.

(The resolution was introduced and postponed for the day on March 22, see House Journal No. 29, p. 438.)

The question being on the adoption of the resolution,

Rep. Yanez moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 252.

A resolution to declare April 1-7, 2016, as Testicular Cancer Awareness Week in the state of Michigan.

Whereas, Testicular cancer is most common in males age 15-35, although it can occur at any age; and

Whereas, Seventy-nine percent of cases of testicular cancer occur in men under the age of 45, an age in which young men are least likely to be thinking they are vulnerable to cancer; and

Whereas, One in 250 males will be diagnosed with testicular cancer in their lifetime; and

Whereas, One male in the United States is diagnosed each hour and on average more than one male dies each day from testicular cancer; and

Whereas, The rates of testicular cancer have been increasing for the past four decades; and

Whereas, The occupational incidence of testicular cancer amongst firefighters is almost 50% higher than the general population according to the World Health Organization’s International Agency for Research on Cancer; and

Whereas, Early detection and treatment at early stages leads to an almost 100% cure rate; and

Whereas, Late stage diagnosis leads to higher treatment burdens and unnecessary deaths; and

Whereas, Monthly testicular self-exams may lead to early detection and treatment; and

Whereas, Men cured of testicular cancer can go on to lead long and healthy lives; and

Whereas, Testicular cancer not only affects men but also affects their family and friends; and

Whereas, Testicular Cancer Awareness Week will encourage men to discuss testicular cancer with their healthcare provider; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 1-7-, 2016, as Testicular Cancer Awareness Week in the state of Michigan. We honor all those we have lost and we redouble our efforts to beat testicular cancer once and for all. Together, with our advocates, medical researchers, health care providers, and all those who have been touched by cancer, let us resolve to continue our work toward a future where testicular cancer is no longer a killer.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Barrett, Crawford, Faris, Greig, Heise, Hoadley, Hooker, Howrylak, Kelly, LaVoy, Maturen, Sarah Roberts, Schor, Webber and Yanez offered the following resolution:

House Resolution No. 255.

A resolution to declare March 20-26, 2016, as Brain Injury Awareness Week in the state of Michigan.

Whereas, A traumatic brain injury (TBI) is an alteration in the brain function, or other evidence of the brain pathology, caused by external force; and

Whereas, At least 2.5 million children and adults sustain a traumatic brain injury each year and at least 5.3 million people nationwide live with long term disabilities due to TBI; and

Whereas, Early, equal, and adequate access to care greatly increases the overall quality of life for individuals with TBI, enabling them to return to home, school, work, and community; and

Whereas, Post “9-11” veterans with a traumatic brain injury are at an increased risk of developing post-traumatic stress disorder; and

Whereas, An estimated 39% of returning veterans with traumatic brain injury also have post-traumatic stress disorder; and

Whereas, The Brain Injury Association of America promotes March as Brain Injury Awareness Month with the motto “Not Alone” to encourage awareness of the extent, causes, consequences, treatment, and prevention of TBI; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body declare March 20-26, 2016, as Brain Injury Awareness Week in the state of Michigan.

The resolution was referred to the Committee on Military and Veterans Affairs.

Reps. Banks, Gay-Dagnogo, Hoadley, Townsend, Chang, Yanez, Cochran, Byrd, Greig, Darany, Chirkun, Durhal, Garrett, Zemke, Irwin, LaGrand, Talabi, Callton, Graves, McCready, Sheppard, Webber, Runestad, Howrylak, Howell, Canfield, Potvin, Dianda, Pagan, Plawecki, Wittenberg, Guerra, Liberati, Singh, Greimel, Faris, Kelly, LaVoy, Maturen, Sarah Roberts and Schor offered the following resolution:

House Resolution No. 256.

A resolution to declare March 2016 as Brain Injury Awareness Month in the state of Michigan.

Whereas, Brain injury and specifically, traumatic brain injury (TBI) has become recognized in recent years as one of the most significant chronic disease conditions that can potentially impact nearly every Michigan resident; and

Whereas, Nearly 1.7 million Americans sustain a TBI each year that results in over 50,000 deaths; and

Whereas, Each year, 58,500 Michigan residents sustain a traumatic brain injury. It is estimated that over 98,000 Michigan residents currently live with disabilities resulting from a TBI; and

Whereas, TBI’s contribute to nearly a third of all injury-related deaths in the United States. This public health concern ranks as the leading cause of death and disability in children and young adults; and

Whereas, The state of Michigan has attained national recognition as a leading center of excellence in the field of brain injury treatment and rehabilitation as a result of the extensive number of rehabilitation centers, medical treatment facilities, care providers, programs, and professionals specializing in brain injury across the state; and

Whereas, Most cases of traumatic brain injury are preventable and enhanced public awareness of traumatic brain injury is essential in injury prevention, the development of effective treatment, and securing necessary resources; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2016 as Brain Injury Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

Rep. Banks moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 256.

A resolution to declare March 2016 as Brain Injury Awareness Month in the state of Michigan.

Whereas, Approximately 2.5 million Americans sustain a TBI each year that results in 52,000 deaths; and

Whereas, Each year, 58,500 Michigan residents sustain a traumatic brain injury. It is estimated that over 98,000 Michigan residents currently live with disabilities resulting from a TBI; and

Resolved by the House of Representatives, That the members of this legislative body declare March 2016 as Brain Injury Awareness Month in the state of Michigan.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Garcia, Kelly and Maturen offered the following resolution:

House Resolution No. 257.

A resolution to declare April 12, 2016, as Pay Equity Day in the state of Michigan.

Whereas, Since the passage of the Equal Pay Act in 1963, the wage gap between men and women has decreased steadily; and

Whereas, Many research institutions and non-profit organizations agree that the best way to combat wage inequity is by supporting and promoting fundamental education reforms and narrowing education gaps in all of our communities. Fittingly, funding for K-12 education in Michigan has increased dramatically since 2011 and education reforms and education choice continue to be top priorities; and

Whereas, Pay discrimination based on any factor is wrong and employees should be compensated by their employers based solely on their merits; and

Whereas, Merit pay strengthens the security of families today and eases future retirement costs while enhancing the American economy; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 12, 2016, as Pay Equity Day in the state of Michigan. We urge Michigan’s residents to recognize the full value of all people’s skills and significant contributions to the labor force and economy.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 235.

A resolution to support the United States Securities and Exchange Commission’s recent adoption of rules pursuant to Title III of the JOBS Act which are designed to facilitate small and start-up companies’ access to capital raised through crowdfunding.

(For text of resolution, see House Journal No. 22, p. 319.)

(The resolution was reported by the Committee on Commerce and Trade on March 22.)

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

House Bill No. 4540, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 2 and 13 (MCL 15.232 and 15.243), section 2 as amended by 1996 PA 553 and section 13 as amended by 2006 PA 482.

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

Roll Call No. 129 Yeas—105

Afendoulis Garcia LaFontaine Potvin

Banks Garrett LaGrand Price

Barrett Geiss Lane Pscholka

Bizon Glardon Lauwers Rendon

Brinks Glenn LaVoy Roberts, B.

Brunner Goike Leonard Roberts, S.

Bumstead Graves Leutheuser Runestad

Byrd Greig Liberati Rutledge

Callton Greimel Love Santana

Canfield Guerra Lucido Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Singh

Chirkun Hooker McBroom Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howell Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Theis

Cox Iden Neeley Townsend

Crawford Inman Nesbitt Vaupel

Darany Jacobsen Outman VerHeulen

Dianda Jenkins Pagan Victory

Driskell Johnson Pagel Webber

Durhal Kelly Pettalia Whiteford

Faris Kesto Phelps Yanez

Farrington Kivela Plawecki Yonker

Forlini Kosowski Poleski Zemke

Franz

Nays—3

Irwin Robinson Wittenberg

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.

______

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

House Bill No. 5392, entitled

A bill to amend 1965 PA 329, entitled “Michigan seed law,” by amending section 11 (MCL 286.711), as amended by 1996 PA 86.

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

Roll Call No. 130 Yeas—73

Afendoulis Graves Lauwers Pscholka

Barrett Greimel Leonard Rendon

Bizon Heise Leutheuser Roberts, B.

Bumstead Hooker Lucido Runestad

Callton Hovey-Wright Lyons Rutledge

Canfield Howell Maturen Santana

Chatfield Howrylak McBroom Sheppard

Cole Hughes McCready Singh

Cotter Iden Miller, A. Somerville

Cox Inman Muxlow Tedder

Crawford Jacobsen Nesbitt Theis

Dianda Jenkins Outman Vaupel

Farrington Johnson Pagel VerHeulen

Forlini Kelly Pettalia Victory

Franz Kesto Phelps Webber

Garcia Kivela Poleski Whiteford

Glardon Kosowski Potvin Yonker

Glenn LaFontaine Price Zemke

Goike

Nays—35

Banks Driskell LaGrand Roberts, S.

Brinks Durhal Lane Robinson

Brunner Faris LaVoy Schor

Byrd Garrett Liberati Smiley

Chang Geiss Love Talabi

Chirkun Greig Moss Townsend

Clemente Guerra Neeley Wittenberg

Cochran Hoadley Pagan Yanez

Darany Irwin Plawecki

In The Chair: Cox

The House agreed to the title of the bill.

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

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

Senate Bill No. 729, 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 2015 PA 236.

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

Roll Call No. 131 Yeas—108

Afendoulis Garcia LaFontaine Price

Banks Garrett LaGrand Pscholka

Barrett Geiss Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Robinson

Bumstead Graves Leutheuser Runestad

Byrd Greig Liberati Rutledge

Callton Greimel Love Santana

Canfield Guerra Lucido Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Singh

Chirkun Hooker McBroom Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howell Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Theis

Cox Iden Neeley Townsend

Crawford Inman Nesbitt Vaupel

Darany Irwin Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Whiteford

Faris Kelly Phelps Wittenberg

Farrington Kesto Plawecki Yanez

Forlini Kivela Poleski Yonker

Franz Kosowski Potvin Zemke

Nays—0

In The Chair: Cox

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 171, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66.

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

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

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

The motion prevailed.

Senate Bill No. 476, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2014 PA 298 and section 11 as amended by 2012 PA 325.

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. Hoadley moved to amend the bill as follows:

1. Amend page 2, line 12, after “However,” by inserting “EXCEPT AS OTHERWISE PROVIDED UNDER THIS SUBDIVISION,”.

2. Amend page 2, line 14, after “cigar.” by inserting “BEGINNING OCTOBER 31, 2021 AND EVERY 5 YEARS THEREAFTER, THE STATE TREASURER SHALL ADJUST THE CAP IN EFFECT UNDER THIS SUBDIVISION BY AN AMOUNT DETERMINED BY THE STATE TREASURER AT THE END OF EACH 5-YEAR PERIOD TO REFLECT THE CUMULATIVE ANNUAL PERCENTAGE CHANGE IN THE UNITED STATES CONSUMER PRICE INDEX. AS USED IN THIS SUBDIVISION, “UNITED STATES CONSUMER PRICE INDEX” MEANS THE UNITED STATES CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS AS DEFINED AND REPORTED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS.”.

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

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

The motion prevailed.

House Bill No. 5121, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 4g.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Regulatory Reform,

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

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

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

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

The motion prevailed.

House Bill No. 5407, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 175 and 177 (MCL 168.175 and 168.177).

The bill was read a second time.

Rep. Hoadley moved to substitute (H-1) the bill.

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

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

The motion prevailed.

______

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

The motion prevailed.

______

Associate Speaker Pro Tempore Cox 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 the enrollment printing and presentation to the Governor on Tuesday, March 22, for his approval of the following bill:

Enrolled House Bill No. 4792 at 2:38 p.m.

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, March 22:

House Bill Nos. 5493 5494 5495 5496 5497 5498 5499 5500 5501 5502 5503 5504 5505 5506

5507 5508

Senate Bill Nos. 860 861

The Clerk announced that the following Senate bills had been received on Wednesday, March 23:

Senate Bill Nos. 395 746 747

The Clerk announced that the following joint resolution had been reproduced and made available electronically on Wednesday, March 23:

Senate Joint Resolution R

Reports of Standing Committees

The Committee on Appropriations, by Rep. Pscholka, Chair, reported

House Bill No. 5330, entitled

A bill to authorize the department of natural resources to convey property in Muskegon County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

With the recommendation that the bill be referred to the Committee on Natural Resources.

Favorable Roll Call

To Report Out:

Yeas: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Garcia, Inman, Aaron Miller, Santana, Irwin, Sarah Roberts, Banks, Faris, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Natural Resources.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 23, 2016

Present: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Garcia, Inman, Aaron Miller, Santana, Irwin, Sarah Roberts, Banks, Faris, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan

The Committee on Financial Services, by Rep. Forlini, Chair, reported

Senate Bill No. 656, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 901 (MCL 339.901), as amended by 2014 PA 560.

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. Forlini, Pettalia, Callton, Graves, Lucido, Theis and Clemente

Nays: Rep. Love

The Committee on Financial Services, by Rep. Forlini, Chair, reported

Senate Bill No. 657, entitled

A bill to amend 1981 PA 70, entitled “An act to regulate the collection practices of certain persons; to provide for the powers and duties of certain state agencies; and to provide penalties and civil fines,” by amending section 1 (MCL 445.251).

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. Forlini, Pettalia, Callton, Graves, Lucido, Theis and Clemente

Nays: Rep. Love

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Forlini, Chair, of the Committee on Financial Services, was received and read:

Meeting held on: Wednesday, March 23, 2016

Present: Reps. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente and Love

Absent: Rep. Gay-Dagnogo

Excused: Rep. Gay-Dagnogo

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

House Bill No. 5439, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 6 (MCL 125.2686), as amended by 2010 PA 277.

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. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 23, 2016

Present: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd

The Committee on Tourism and Outdoor Recreation, by Rep. Rendon, Chair, reported

House Resolution No. 228.

A resolution to urge the United States Congress to enact legislation that will enhance hunting, fishing, recreational shooting, and other outdoor recreational opportunities for sportsmen and women nationwide.

(For text of resolution, see House Journal No. 17, p. 230.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Rendon, Goike, Forlini, Pettalia and Cole

Nays: Rep. Brinks

The Committee on Tourism and Outdoor Recreation, by Rep. Rendon, Chair, reported

House Concurrent Resolution No. 22.

A concurrent resolution to urge the United States Congress to enact legislation that will enhance hunting, fishing, recreational shooting, and other outdoor recreational opportunities for sportsmen and women nationwide.

(For text of concurrent resolution, see House Journal No. 17, p. 231.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Rendon, Goike, Forlini, Pettalia and Cole

Nays: Rep. Brinks

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rendon, Chair, of the Committee on Tourism and Outdoor Recreation, was received and read:

Meeting held on: Wednesday, March 23, 2016

Present: Reps. Rendon, Goike, Forlini, Pettalia, Cole, Smiley and Brinks

Absent: Rep. Gay-Dagnogo

Excused: Rep. Gay-Dagnogo

The Committee on Financial Liability Reform, by Rep. Somerville, Chair, reported

House Bill No. 5421, entitled

A bill to amend 1999 PA 149, entitled “Public employee health care fund investment act,” by amending section 2 (MCL 38.1212) and by adding sections 4a, 4b, and 4c.

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. Somerville, Leutheuser, Farrington, LaFontaine, Lyons, Poleski, Wittenberg, Byrd and Chirkun

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Somerville, Chair, of the Committee on Financial Liability Reform, was received and read:

Meeting held on: Wednesday, March 23, 2016

Present: Reps. Somerville, Leutheuser, Farrington, LaFontaine, Lyons, Poleski, Wittenberg, Byrd and Chirkun

The Committee on Local Government, by Rep. Chatfield, Chair, reported

House Bill No. 4578, entitled

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

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. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner and Neeley

Nays: None

The Committee on Local Government, by Rep. Chatfield, Chair, reported

House Bill No. 4656, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 154, 191, and 196 (MCL 280.154, 280.191, and 280.196), section 154 as amended by 2010 PA 339 and section 196 as amended by 2008 PA 509.

With the recommendation that the substitute (H-2) 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. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner and Neeley

Nays: None

The Committee on Local Government, by Rep. Chatfield, Chair, reported

Senate Bill No. 481, entitled

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

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. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner and Neeley

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Chatfield, Chair, of the Committee on Local Government, was received and read:

Meeting held on: Wednesday, March 23, 2016

Present: Reps. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner and Neeley

Absent: Rep. Rutledge

Excused: Rep. Rutledge

The Committee on Regulatory Reform, by Rep. Franz, Chair, reported

House Bill No. 4293, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 12, 13, 14, 15, 16, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a, 432.108, 432.109, 432.110, 432.111b, 432.112, 432.113, 432.114, 432.115, 432.116, and 432.119), sections 2 and 9 as amended by 2008 PA 401, sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and 11b as amended by 2006 PA 427, sections 4, 13, 14, 15, and 16 as amended by 1999 PA 108, and section 19 as amended by 1995 PA 263, and by adding article 2; to designate sections 1 to 20 as article 1; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-3) 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. Franz, Brett Roberts, Yonker, Kesto, Lauwers, Crawford, Garcia, Iden, Howell, Dianda, Darany, Lane, Schor, Chirkun and Moss

Nays: None

The Committee on Regulatory Reform, by Rep. Franz, Chair, reported

Senate Bill No. 187, entitled

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. Franz, Brett Roberts, Yonker, Kesto, Lauwers, Crawford, Garcia, Iden, Howell, Dianda, Darany, Lane, Schor, Chirkun and Moss

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Franz, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, March 23, 2016

Present: Reps. Franz, Brett Roberts, Yonker, Kesto, Lauwers, Crawford, Garcia, Iden, Howell, Dianda, Darany, Lane, Schor, Chirkun and Moss

Absent: None.

Excused: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 23, 2016

Present: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Brett Roberts, Sheppard, Vaupel, Whiteford, Brunner, Darany, Talabi, LaVoy and Garrett

Absent: Rep. Driskell

Excused: Rep. Driskell

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Barrett, Chair, of the Committee on Military and Veterans Affairs, was received and read:

Meeting held on: Wednesday, March 23, 2016

Present: Reps. Barrett, Hughes, Hooker, Outman, Glenn, Whiteford, Talabi and LaGrand

Absent: Rep. Rutledge

Excused: Rep. Rutledge

Messages from the Senate

House Bill No. 4418, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5377, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2016; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 4577, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312f (MCL 257.312f), as amended by 2015 PA 11.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 4813, entitled

A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3e (MCL 338.883e), as added by 1990 PA 246.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 4822, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280f.

The Senate has substituted (S-6) the bill.

The Senate has passed the bill as substituted (S-6), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 395, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277.

The Senate has passed the bill.

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

Senate Bill No. 746, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 15 (MCL 722.125), as amended by 1993 PA 218.

The Senate has passed the bill.

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

Senate Bill No. 710, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending the title and sections 3, 5, 6, 11, 11a, 501, 502, 507, 522, 528, 551, 552, 561, 654, 705, 921, 1147, 1225, 1229, 1231, 1351a, and 1356 (MCL 380.3, 380.5, 380.6, 380.11, 380.11a, 380.501, 380.502, 380.507, 380.522, 380.528, 380.551, 380.552, 380.561, 380.654, 380.705, 380.921, 380.1147, 380.1225, 380.1229, 380.1231, 380.1351a, and 380.1356), the title as amended by 2003 PA 179, section 3 as amended by 2007 PA 45, section 5 as amended by 2011 PA 232, section 6 as amended by 2009 PA 205, section 11 as amended by 1995 PA 289, section 11a as amended by 2010 PA 91, sections 501, 502, 507, 522, 528, 551, and 561 as amended by 2011 PA 277, section 552 as amended by 2012 PA 129, section 705 as amended by 2003 PA 299, section 1147 as amended by 2014 PA 479, section 1225 as amended by 2012 PA 1, section 1229 as amended by 2011 PA 105, section 1231 as amended by 2002 PA 735, section 1351a as amended by 2002 PA 65, and section 1356 as amended by 2002 PA 181, and by adding sections 12b and 1284c and part 5b; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 711, entitled

A bill to amend 2014 PA 181, entitled “Michigan financial review commission act,” by amending sections 2, 3, 4, 5, 6, 7, 8, and 12 (MCL 141.1632, 141.1633, 141.1634, 141.1635, 141.1636, 141.1637, 141.1638, and 141.1642).

The Senate has passed the bill.

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

Senate Bill No. 747, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2012 PA 194.

The Senate has passed the bill.

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

Senate Bill No. 819, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 18, 20, 31a, and 166e (MCL 388.1603, 388.1606, 388.1618, 388.1620, 388.1631a, and 388.1766e), section 3 as amended by 2012 PA 201, section 6 as amended by 2015 PA 223, section 18 as amended by 2015 PA 114, section 20 as amended by 2015 PA 85, section 31a as amended by 2015 PA 139, and section 166e as amended by 2008 PA 268.

The Senate has passed the bill.

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

Senate Bill No. 820, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2015 PA 134.

The Senate has passed the bill.

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

Senate Bill No. 821, entitled

A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 2015 PA 116.

The Senate has passed the bill.

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

Senate Bill No. 822, entitled

A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 1, 2, 3, 4, and 6 (MCL 141.931, 141.932, 141.933, 141.934, and 141.936), section 1 as amended by 2012 PA 284 and sections 2, 3, 4, and 6 as amended by 2015 PA 115; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Notices

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

House Bill No. 5508 referred to the Committee on Workforce and Talent Development.

Messages from the Governor

Date: March 22, 2016

Time: 8:26 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4887 (Public Act No. 51, I.E.), being

An act to amend 2000 PA 161, entitled “An act to create the Michigan education savings program; to provide for education savings accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies,” by amending section 9 (MCL 390.1479), as amended by 2007 PA 153.

(Filed with the Secretary of State March 22, 2016, at 1:04 p.m.)

Date: March 22, 2016

Time: 8:28 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4747 (Public Act No. 52, I.E.), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 5821 (MCL 600.5821), as amended by 1988 PA 35.

(Filed with the Secretary of State March 22, 2016, at 1:06 p.m.)

Introduction of Bills

Rep. Inman introduced

House Bill No. 5509, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16279 and 20196.

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

Reps. Kosowski and Lucido introduced

House Bill No. 5510, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17752 (MCL 333.17752), as amended by 2005 PA 73.

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

Reps. Chang, Faris, Hoadley, Irwin, Pagan, Neeley, Liberati, Wittenberg, Plawecki and Chirkun introduced

House Bill No. 5511, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 335 (MCL 750.335), as amended by 2002 PA 672.

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

Rep. Poleski introduced

House Bill No. 5512, entitled

A bill to amend 2012 PA 615, entitled “Michigan energy assistance act,” by repealing section 6 (MCL 400.1236).

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

______

Rep. Runestad moved that the House adjourn.

The motion prevailed, the time being 3:00 p.m.

Associate Speaker Pro Tempore Franz declared the House adjourned until Thursday, March 24, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

452 JOURNAL OF THE HOUSE [March 23, 2016] [No. 30

No. 30] [March 23, 2016] JOURNAL OF THE HOUSE 453

454 JOURNAL OF THE HOUSE [March 23, 2016] [No. 30

No. 30] [March 23, 2016] JOURNAL OF THE HOUSE 455

456 JOURNAL OF THE HOUSE [March 23, 2016] [No. 30

No. 30] [March 23, 2016] JOURNAL OF THE HOUSE 457

458 JOURNAL OF THE HOUSE [March 23, 2016] [No. 30

No. 30] [March 23, 2016] JOURNAL OF THE HOUSE 459

460 JOURNAL OF THE HOUSE [March 23, 2016] [No. 30

No. 30] [March 23, 2016] JOURNAL OF THE HOUSE 461

462 JOURNAL OF THE HOUSE [March 23, 2016] [No. 30

No. 30] [March 23, 2016] JOURNAL OF THE HOUSE 463

464 JOURNAL OF THE HOUSE [March 23, 2016] [No. 30

No. 30] [March 23, 2016] JOURNAL OF THE HOUSE 465

466 JOURNAL OF THE HOUSE [March 23, 2016] [No. 30