No. 51
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2016
House Chamber, Lansing, Wednesday, May 25, 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—present 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
Rep. Michael D. McCready, from the 40th District, offered the following invocation:
“Heavenly Father,
Today we assemble in this hallowed chamber to serve the people of Michigan.
Please give us perseverance in our endeavors, wisdom in our thoughts and strength in our convictions; so that we may continue to build a Michigan that is better than the day before.
In Your name we ask You for this blessing. The Father, the Son, and the Holy Spirit. Amen.”
Motions and Resolutions
Reps. LaVoy, Cochran, Crawford, Faris, Greig, Heise, Hoadley, Howrylak, Hughes, Kelly, Liberati, Love, Maturen, Moss, Phelps, Plawecki, Sarah Roberts, Sheppard, Singh, Theis and Wittenberg offered the following resolution:
House Resolution No. 300.
A resolution to declare May 22-28, 2016, as Michigan Week in the state of Michigan.
Whereas, Michigan achieved statehood on January 26, 1837, becoming the 26th state of the United States of America; and
Whereas, The majestic state of Michigan is adorned with the riches of unspoiled nature including the world’s longest freshwater coastline, bountiful lakes, shimmering beaches, miles and miles of cherry orchards, glorious sunrises and sunsets, daytime skies of the deepest blue, and nighttime skies that are scattered with stars; and
Whereas, Home to more than 100 public beaches and lighthouses, some of the highest freshwater sand dunes in the world, stunning multi-colored sandstone cliffs, and numerous maritime museums, the state of Michigan offers plenty of engaging sights and activities for everyone; and
Whereas, Michigan has an abundance of cultural assets, from museums, historic sites, and art festivals to theaters and libraries that make our communities distinct, diverse, and appealing; and
Whereas, Michigan embraces the nation’s most skilled, innovated, and resilient residents who have earned this state a place of respect and distinction on both the national and global scale, making it the best place in the world to live, work, and raise a family; and
Whereas, Since 1954, Michigan Week has inspired citizens to reflect on, explore, and celebrate the history, resources, and opportunities that set our state apart and to focus on the time-honored traditions and shared heritage that connect and define Michiganians; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 22-28, 2016, as Michigan Week in the state of Michigan. We promote state pride among citizens and celebrate the rich heritage and unique features that make Michigan special. We encourage citizens and businesses from every community in our great state to support and celebrate all that Michigan has to offer and to keep the spirit of Michigan Week alive all year long.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Talabi, Cochran, Faris, Greig, Heise, Hoadley, LaVoy, Love, Moss, Phelps, Plawecki, Sarah Roberts, Singh and Wittenberg offered the following resolution:
House Resolution No. 301.
A resolution to declare May 25, 2016, as Alpha Kappa Alpha Day in the state of Michigan.
Whereas, Alpha Kappa Alpha Sorority has the distinction of being the first sorority established by African American college women, was founded at Howard University in Washington, D.C. in 1908, and has expanded internationally to 993 chapters; and
Whereas, Michigan hosts 31 of these chapters which are located on college and university campuses and have active alumnae groups in communities throughout the state; and
Whereas, Alpha Kappa Alpha Sorority is committed to community service and actively contributes to educational, civic, and social life to Michigan’s citizens; and
Whereas, Alumnae chapters encourage their members to become involved in their communities as volunteers in one of their primary service components that include education, health, the economy, the arts, and the family; and
Whereas, This great sisterhood has established a nationally recognized program through its Alpha Kappa Alpha Day at the Capitol; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 25, 2016, as Alpha Kappa Alpha Day in the state of Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to Toni Kendrick, the Great Lakes Regional Director of Alpha Kappa Alpha Sorority, Incorporated.
The question being on the adoption of the resolution,
The resolution was adopted.
______
The Speaker called Associate Speaker Pro Tempore Franz to the Chair.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4493, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278 and 1279g (MCL 380.1278 and 380.1279g), section 1278 as amended by 2004 PA 596 and section 1279g as amended by 2008 PA 349, and by adding section 1168.
(The bill was received from the Senate on May 18, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 19, see House Journal No. 48, p. 884.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 318 Yeas—109
Afendoulis Garrett LaFontaine Price
Banks Gay-Dagnogo 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
Garcia
Nays—0
In The Chair: Franz
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
House Bill No. 5230, entitled
A bill to make certain indemnity contracts relating to snowplow and deicing services void and unenforceable.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 319 Yeas—101
Afendoulis Glardon LaGrand Price
Banks Glenn Lane Pscholka
Brinks Goike Lauwers Rendon
Brunner Graves LaVoy Roberts, B.
Bumstead Greig Leonard Roberts, S.
Byrd Greimel Leutheuser Robinson
Callton Guerra Liberati Runestad
Canfield Heise Love Rutledge
Chang Hoadley Lucido Santana
Chirkun Hooker Lyons Schor
Clemente Hovey-Wright Maturen Sheppard
Cochran Howell McBroom Singh
Cole Howrylak Miller, A. Smiley
Cotter Hughes Moss Talabi
Crawford Iden Muxlow Theis
Darany Inman Neeley Townsend
Dianda Irwin Nesbitt Vaupel
Driskell Jacobsen Outman VerHeulen
Durhal Jenkins Pagan Victory
Faris Johnson Pagel Webber
Farrington Kelly Pettalia Whiteford
Forlini Kesto Phelps Wittenberg
Garcia Kivela Plawecki Yanez
Garrett Kosowski Poleski Yonker
Gay-Dagnogo LaFontaine Potvin Zemke
Geiss
Nays—8
Barrett Chatfield Franz Somerville
Bizon Cox McCready Tedder
In The Chair: Franz
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.
Senate Bill No. 901, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 517a (MCL 436.1517a), as added by 2004 PA 170.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 320 Yeas—107
Afendoulis Garcia LaFontaine Pscholka
Banks Garrett LaGrand Rendon
Barrett Gay-Dagnogo Lane Roberts, B.
Bizon Geiss Lauwers Roberts, S.
Brinks Glardon LaVoy Robinson
Brunner Glenn Leonard Runestad
Bumstead Goike Leutheuser Rutledge
Byrd Graves Liberati Santana
Callton Greig Love Schor
Canfield Greimel Lucido Sheppard
Chang Guerra Lyons Singh
Chatfield Heise Maturen Smiley
Chirkun Hoadley McBroom Somerville
Clemente Hovey-Wright McCready Talabi
Cochran Howell Miller, A. Tedder
Cole Howrylak Moss Theis
Cotter Hughes Muxlow Townsend
Cox Iden Neeley Vaupel
Crawford Inman Nesbitt VerHeulen
Darany Irwin Outman Victory
Dianda Jacobsen Pagan Webber
Driskell Jenkins Pagel Whiteford
Durhal Johnson Pettalia Wittenberg
Faris Kelly Phelps Yanez
Farrington Kesto Plawecki Yonker
Forlini Kivela Poleski Zemke
Franz Kosowski Potvin
Nays—2
Hooker Price
In The Chair: Franz
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 858, entitled
A bill to amend 2012 PA 159, entitled “Revocation of paternity act,” by amending sections 13 and 15 (MCL 722.1443 and 722.1445), section 13 as amended by 2014 PA 374.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 321 Yeas—100
Afendoulis Forlini Kosowski Potvin
Banks Franz LaFontaine Price
Barrett Garcia LaGrand Pscholka
Bizon Gay-Dagnogo Lane Rendon
Brinks Geiss Lauwers Roberts, B.
Brunner Glardon LaVoy Roberts, S.
Bumstead Glenn Leonard Rutledge
Byrd Graves Leutheuser Santana
Callton Greig Love Schor
Canfield Greimel Lucido Sheppard
Chang Guerra Lyons Singh
Chatfield Heise Maturen Smiley
Chirkun Hoadley McCready Somerville
Clemente Hovey-Wright Miller, A. Talabi
Cochran Howell Moss Tedder
Cole Howrylak Muxlow Theis
Cotter Hughes Neeley Townsend
Cox Iden Nesbitt Vaupel
Crawford Inman Outman VerHeulen
Darany Jacobsen Pagan Victory
Dianda Jenkins Pagel Webber
Driskell Johnson Pettalia Whiteford
Durhal Kelly Phelps Yanez
Faris Kesto Plawecki Yonker
Farrington Kivela Poleski Zemke
Nays—9
Garrett Irwin McBroom Runestad
Goike Liberati Robinson Wittenberg
Hooker
In The Chair: Franz
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide procedures to determine the paternity of children in certain circumstances; to allow acknowledgments, determinations, and judgments relating to paternity to be set aside in certain circumstances; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide remedies,”
The House agreed to the full title.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Hooker, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I am completely against a rapist having the ability to have any rights to a child conceived in a true rape. Unfortunately, the wording in the bill used ‘clear and convincing evidence’ which leaves some room for a marital relationship that is deteriorating, once a child is conceived, to convict a husband of non-consenting sex and causing him to lose custody of a child born from that relationship. I believe that a couple, that I know, who had a child born of a statutory rape situation accused by a parent could remove all parental rights to a young man or woman who had relations with a willing young person, who was below the age of 16 but he/she may have even initiated the relationship. A ‘Romeo and Juliet’ type of situation that resulted in a conception. Because this bill didn’t consider these situations, I voted No. I truly am pro-life with a wife, daughter and four granddaughters who I want safe from a true rapist.”
Second Reading of Bills
House Bill No. 5164, entitled
A bill to amend 1967 PA 288, entitled “Land division act,” by amending section 241 (MCL 560.241), as amended by 1998 PA 549.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Chatfield moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5165, entitled
A bill to amend 1895 PA 107, entitled “An act to provide for recording in the offices of registers of deeds certified copies of judgments and decrees of courts of record and making the record thereof evidence in courts, and making such records heretofore made like evidence,” by amending section 2 (MCL 565.412).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Moss moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 599, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2567 (MCL 600.2567), as amended by 2004 PA 538.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Chatfield moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) 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. 600, entitled
A bill to amend 1937 PA 146, entitled “An act to establish, protect and enforce by lien the rights of laborers, contractors, sub-contractors and material men and other persons furnishing labor, tools, or materials, or other things of value, for the drilling, boring, torpedoing, acidizing, completing, operating or repairing of any oil or gas well, or the constructing or repairing of any oil or gas pipe line, oil or gas derrick, or oil tank,” by amending section 4 (MCL 570.254).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,
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. 601, entitled
A bill to amend 1983 PA 102, entitled “Uniform federal lien registration act,” by amending section 6 (MCL 211.666).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,
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. 602, entitled
A bill to amend 1968 PA 203, entitled “State tax lien registration act,” by amending section 5 (MCL 211.685).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,
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. 603, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 15 (MCL 421.15), as amended by 2011 PA 269.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Local Government,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Chatfield moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) 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. 604, entitled
A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending section 9525 (MCL 440.9525), as amended by 2004 PA 212.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,
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. 737, 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 25 (MCL 205.25), as amended by 2002 PA 657.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,
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.
House Bill No. 5649, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7403 (MCL 333.7403), as amended by 2015 PA 220.
The bill was read a second time.
Rep. Pscholka moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5650, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7404 (MCL 333.7404), as amended by 2015 PA 220.
The bill was read a second time.
Rep. Singh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5571, entitled
A bill to require the state administrative board to convey land located in Calhoun County to remove any possibility of reverter in favor of this state from the land; and to provide for the powers and duties of state officials and agencies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Appropriations,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Bizon 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.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, May 24:
House Bill Nos. 5678 5679 5680 5681 5682 5683 5684 5685 5686 5687 5688 5689
The Clerk announced that the following Senate bills had been received on Wednesday, May 25:
Senate Bill Nos. 885 956 957
The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, May 25:
Senate Bill Nos. 991 992 993 994 995 996 997 998
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
House Bill No. 5611, entitled
A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 144 (MCL 389.144), as amended by 2003 PA 306.
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. Farrington, Maturen, Somerville, Yonker, Webber, Townsend, Clemente and Byrd
Nays: Reps. Howrylak, Glenn and LaVoy
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
House Bill No. 5612, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 43 (MCL 211.43), as amended by 1994 PA 253.
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, Webber, Townsend, Clemente and Byrd
Nays: Reps. Howrylak, Glenn and LaVoy
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
Senate Bill No. 651, entitled
A bill to provide for exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties.
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. Farrington, Maturen, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd
Nays: Rep. Somerville
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
Senate Bill No. 652, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2015 PA 107, and by adding section 7vv.
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, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd
Nays: Rep. Somerville
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
Senate Bill No. 653, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2014 PA 146.
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. Farrington, Maturen, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd
Nays: Rep. Somerville
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, May 25, 2016
Present: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd
The Committee on Agriculture, by Rep. Lauwers, Chair, reported
Senate Bill No. 504, entitled
A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections 2, 7, 8, 9, 10, 12, 14, 17, 18, 19, 19a, 22, 27, 30, and 31 (MCL 431.302, 431.307, 431.308, 431.309, 431.310, 431.312, 431.314, 431.317, 431.318, 431.319, 431.319a, 431.322, 431.327, 431.330, and 431.331), section 2 as amended by 2006 PA 445, sections 7, 9, 10, and 12 as amended by 2000 PA 164, and sections 14, 17, and 18 as amended and section 19a as added by 1998 PA 408, and by adding section 19b.
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. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Brett Roberts, Sheppard, Vaupel, Whiteford, Brunner, Darany, Talabi, Driskell and LaVoy
Nays: None
The Committee on Agriculture, by Rep. Lauwers, Chair, reported
Senate Bill No. 505, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14d of chapter XVII (MCL 777.14d), as added by 2002 PA 29.
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. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Brett Roberts, Sheppard, Vaupel, Whiteford, Brunner, Darany, Driskell and LaVoy
Nays: 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, May 25, 2016
Present: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Brett Roberts, Sheppard, Vaupel, Whiteford, Brunner, Darany, Talabi, Driskell and LaVoy
Absent: Rep. Garrett
Excused: Rep. Garrett
The Committee on Regulatory Reform, by Rep. Franz, Chair, reported
House Bill No. 5102, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 3a and 4 (MCL 125.1503a and 125.1504), section 3a as amended by 2006 PA 192 and section 4 as amended by 2012 PA 504.
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 and Chirkun
Nays: None
The Committee on Regulatory Reform, by Rep. Franz, Chair, reported
House Bill No. 5613, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 32 and 45 (MCL 24.232 and 24.245), section 32 as amended by 2011 PA 270 and section 45 as amended by 2013 PA 200.
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. Franz, Brett Roberts, Yonker, Kesto, Lauwers, Crawford, Garcia, Iden and Howell
Nays: Reps. Dianda, Darany, Lane, Schor, Chirkun and Moss
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, May 25, 2016
Present: Reps. Franz, Brett Roberts, Yonker, Kesto, Lauwers, Crawford, Garcia, Iden, Howell, Dianda, Darany, Lane, Schor, Chirkun and Moss
Absent: None.
Excused: None.
The Committee on Local Government, by Rep. Chatfield, Chair, reported
House Bill No. 5282, entitled
A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending sections 16, 17, and 19 (MCL 691.1416, 691.1417, and 691.1419), as added by 2001 PA 222.
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 and Sheppard
Nays: Rep. Neeley
The Committee on Local Government, by Rep. Chatfield, Chair, reported
House Bill No. 5591, entitled
A bill to amend 2000 PA 305, entitled “Uniform electronic transactions act,” (MCL 450.831 to 450.849) by adding section 5a.
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. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner and Rutledge
Nays: None
The Committee on Local Government, by Rep. Chatfield, Chair, reported
House Bill No. 5652, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 4 (MCL 125.2004), as amended by 2014 PA 507.
With the recommendation that the bill be referred to the Committee on Commerce and Trade.
Favorable Roll Call
To Report Out:
Yeas: Reps. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner and Rutledge
Nays: Rep. Neeley
The recommendation was concurred in and the bill was referred to the Committee on Commerce and Trade.
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, May 25, 2016
Present: Reps. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner, Rutledge and Neeley
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hooker, Chair, of the Committee on Families, Children, and Seniors, was received and read:
Meeting held on: Wednesday, May 25, 2016
Present: Reps. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright, Talabi and Liberati
Absent: None.
Excused: None.
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, May 25, 2016
Present: Reps. Rendon, Goike, Forlini, Pettalia, Cole, Smiley, Brinks and Gay-Dagnogo
Messages from the Senate
House Bill No. 4787, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 213a.
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. 4830, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2011 PA 202.
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. 5131, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 22, 26, 703, and 711 (MCL 206.22, 206.26, 206.703, and 206.711), section 22 as amended by 2003 PA 51, section 26 as amended by 2011 PA 38, section 703 as amended by 2014 PA 295, and section 711 as amended by 2011 PA 193.
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. 5132, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 21a; and to repeal acts and parts of acts.
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. 5133, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 13a; and to repeal acts and parts of acts.
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. 5512, entitled
A bill to amend 2012 PA 615, entitled “Michigan energy assistance act,” by amending section 6 (MCL 400.1236).
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.
Senate Bill No. 786, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The Senate has appointed Senator Hildenbrand to replace Senator Pavlov as conferee.
The message was referred to the Clerk for record.
Senate Bill No. 796, 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 2015 PA 139 and section 17b as amended by 2007 PA 137.
The Senate has appointed Senator Hildenbrand to replace Senator Pavlov as conferee.
The message was referred to the Clerk for record.
Senate Bill No. 885, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 545 (MCL 436.1545), as added by 2010 PA 213.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 956, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending section 12 (MCL 205.432), as amended by 2014 PA 272.
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. 957, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2015 PA 104.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Messages from the Governor
Date: May 25, 2016
Time: 9:36 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4864 (Public Act No. 127, I.E.), being
An act to amend 2014 PA 276, entitled “An act to create the methamphetamine abuse reporting act; to require the department of state police to report methamphetamine-related offenses to the national association of drug diversion investigators (NADDI); to require the entry of methamphetamine-related offenses into the national precursor log exchange (NPLEx) system; to provide civil immunity under certain circumstances; to prohibit the disclosure of certain information under certain circumstances; and to provide remedies and penalties,” by amending section 4 (MCL 28.124).
(Filed with the Secretary of State May 25, 2016, at 10:18 a.m.)
Date: May 25, 2016
Time: 9:38 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4769 (Public Act No. 128, I.E.), being
An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 7410 (MCL 333.7410), as amended by 2006 PA 552.
(Filed with the Secretary of State May 25, 2016, at 10:20 a.m.)
Introduction of Bills
Rep. Lyons introduced
House Bill No. 5690, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5125 (MCL 333.5125), as added by 1988 PA 491, and by adding section 21525.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Rendon, Goike, Johnson, Cole, Potvin, McBroom, Aaron Miller, Forlini, Smiley and Dianda introduced
House Bill No. 5691, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80123 (MCL 324.80123), as added by 1995 PA 58.
The bill was read a first time by its title and referred to the Committee on Tourism and Outdoor Recreation.
Reps. Kesto, Callton, Guerra and Heise introduced
House Bill No. 5692, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 9a of chapter X (MCL 770.9a), as amended by 2004 PA 32.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Rep. Howrylak introduced
House Bill No. 5693, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311 (MCL 380.1311), as amended by 2008 PA 1.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. LaGrand introduced
House Bill No. 5694, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310 (MCL 380.1310), as amended by 2000 PA 230.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Lucido introduced
House Bill No. 5695, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311a (MCL 380.1311a), as amended by 2007 PA 138.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Irwin, Wittenberg, Dianda, Plawecki, Pagan and Robinson introduced
House Bill No. 5696, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 482, 590h, 685, 957, and 958 (MCL 168.482, 168.590h, 168.685, 168.957, and 168.958), section 482 as amended by 1998 PA 142, section 590h as amended by 2002 PA 431, and section 685 as amended by 2002 PA 399, and by adding sections 482a and 547; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Elections.
Reps. Driskell, Sarah Roberts, Hovey-Wright, Pagan, Irwin, Wittenberg, Schor, Faris, Moss, Guerra, Durhal, Singh, Chang, Garrett, Hoadley, Plawecki, Greig, Cochran, Byrd, Liberati, Chirkun, Greimel, Rutledge, Yanez and Gay-Dagnogo introduced
House Bill No. 5697, entitled
A bill to amend 2013 PA 182, entitled “Abortion Insurance Opt-Out Act,” by amending section 11 (MCL 550.551).
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Hovey-Wright, Sarah Roberts, Driskell, Pagan, Irwin, Wittenberg, Schor, Faris, Moss, Guerra, Durhal, Singh, Chang, Garrett, Hoadley, Plawecki, Greig, Cochran, Byrd, Liberati, Chirkun, Greimel, Rutledge, Yanez and Gay-Dagnogo introduced
House Bill No. 5698, entitled
A bill to amend 2013 PA 182, entitled “Abortion Insurance Opt-Out Act,” by amending section 11 (MCL 550.551).
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Sarah Roberts, Driskell, Hovey-Wright, Pagan, Irwin, Wittenberg, Schor, Faris, Moss, Guerra, Durhal, Singh, Chang, Garrett, Hoadley, Plawecki, Greig, Cochran, Byrd, Liberati, Chirkun, Greimel, Rutledge, Yanez and Gay-Dagnogo introduced
House Bill No. 5699, entitled
A bill to amend 2013 PA 182, entitled “Abortion Insurance Opt-Out Act,” by amending section 11 (MCL 550.551).
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. McBroom moved that the House adjourn.
The motion prevailed, the time being 3:05 p.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Thursday, May 26, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
936 JOURNAL OF THE HOUSE [May 25, 2016] [No. 51
No. 51] [May 25, 2016] JOURNAL OF THE HOUSE 937
938 JOURNAL OF THE HOUSE [May 25, 2016] [No. 51
No. 51] [May 25, 2016] JOURNAL OF THE HOUSE 939
940 JOURNAL OF THE HOUSE [May 25, 2016] [No. 51
No. 51] [May 25, 2016] JOURNAL OF THE HOUSE 941
942 JOURNAL OF THE HOUSE [May 25, 2016] [No. 51
No. 51] [May 25, 2016] JOURNAL OF THE HOUSE 943
944 JOURNAL OF THE HOUSE [May 25, 2016] [No. 51
No. 51] [May 25, 2016] JOURNAL OF THE HOUSE 945
946 JOURNAL OF THE HOUSE [May 25, 2016] [No. 51
No. 51] [May 25, 2016] JOURNAL OF THE HOUSE 947
948 JOURNAL OF THE HOUSE [May 25, 2016] [No. 51
No. 51] [May 25, 2016] JOURNAL OF THE HOUSE 949
950 JOURNAL OF THE HOUSE [May 25, 2016] [No. 51
No. 51] [May 25, 2016] JOURNAL OF THE HOUSE 951
952