No. 18

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Tuesday, February 24, 2015.

1:30 p.m.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Forlini—present Kivela—present

e/d/s = entered during session

Rep. Ed McBroom, from the 108th District, offered the following invocation:

“Dear Father, we thank You for this body, this House of Representatives; For the opportunity to be a part of Your ordained government in this state. Thank You God, for You have blessed us in this state and this country with our opportunity to be a participatory government. We ask that You would shower Your blessings on us; with wisdom, discernment, patience and love for our friends and neighbors. Help us, as we consider laws before us, policies and monies that need to be spent in this state that we consider the greatest commandment, to love You and to love our neighbors. Let’s do that today, love our neighbors, in all we that we do. In Jesus’ name, Amen.”

______

Rep. Nesbitt moved that Reps. Lyons and Inman be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Canfield, Cole, Vaupel, Bizon, Crawford, Hughes, Lucido, VerHeulen, LaVoy, Yonker, Garcia, Sheppard, Kesto, Chang, Neeley, Cochran, Greig, Wittenberg, Chirkun, Irwin, Clemente, Callton, Maturen, Kelly, Howrylak, Schor, Pettalia, Pscholka, Potvin, Santana, Lane and Heise offered the following resolution:

House Resolution No. 18.

A resolution to declare February 22-28, 2015, as Family Medicine Week in the state of Michigan.

Whereas, Michigan’s family physicians have historically demonstrated their dedication to the health and well-being of this state’s citizens by emphasizing the family and providing care to all patients; and

Whereas, Family physicians have studied for a minimum of seven years from medical school through residency and have received specialized training to provide primary care and medical treatment for the families of this state; and

Whereas, This care is based on knowledge of the whole person in the context of the family and the community, and is not limited by age, sex, race, religion, or type of health problem; and

Whereas, Michigan’s family medicine practices provide high quality care and reduce costs to the health care system through leadership, collaboration, and innovation; and

Whereas, Family physicians play a crucial role in ensuring the optimal health of families across the state; now, therefore, be it

Resolved by the House of Representatives That the members of this legislative body declare February 22-28, 2015, as Family Medicine Week in the state of Michigan. We support a robust, primary-care based health care system and recognize the key role family physicians play in making Michigan healthy; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Academy of Family Physicians and the Michigan Association of Osteopathic Family Physicians with our highest esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Driskell, Dillon, Irwin, Dianda, LaVoy, Rutledge, Pagel, Victory, Brett Roberts, Talabi, Darany, Garrett, Brunner, Pagan, Robinson, Geiss, Greig, Cochran, Gay-Dagnogo, Byrd, Plawecki, Brinks, Chang, Moss and Kosowski offered the following resolution:

House Resolution No. 19.

A resolution to urge the Congress of the United States to normalize relations with the Cuban government and lift the current embargo and other trade barriers with the Republic of Cuba.

Whereas, For more than five decades, the United States has maintained, through the most comprehensive set of economic sanctions levied against any nation, a strict embargo with the Republic of Cuba. Through various federal acts, regulations, and presidential orders, like the Cuban Liberty and Democratic Solidarity Act of 1996 and Trade Sanction Reform and Export Act of 2000 (TSRA), the embargo places significant restrictions and prohibitions on American-Cuban relationships, notably on trade, travel, and financial transactions; and

Whereas, U.S. laws and regulations make American exports to Cuba difficult and burdensome, when not outright prohibited. Under provisions from the TSRA and export regulations from the Department of Commerce, U.S. food and agricultural entities are legally permitted to export to the island nation, but doing so requires prior permission from the Department of Commerce and compliance with numerous federal export regulations. Despite the ability to legally export, financial restrictions limit the ability of American entities to competitively serve the market, allowing international competitors—competitors from democratic nations like Canada, Brazil, Argentina, and the European Union not burdened with these restrictions—to capitalize off potential U.S. market share; and

Whereas, Relaxing restrictions and prohibitions on U.S. exports to Cuba will present new opportunities to grow our nation’s agricultural sector and create jobs in rural communities across the U.S. Moreover, improved trade with Cuba will help continue the tremendous momentum of U.S. agricultural exports, which topped $152 billion in fiscal year 2014, setting a new record, and provide needed relief to our overall import-export deficit; and

Whereas, The Republic of Cuba, home to more than 11 million consumers in close proximity to the U.S., is a logical target for expanded U.S. food and agricultural exports. Normalizing trade relations between the U.S. and Cuba will enhance Cuban citizens’ access to affordable food while providing the U.S. farm and business community with new market access opportunities. Normalized trade will drive growth in both countries and allow U.S. farmers, ranchers, and food companies to efficiently contribute to the food security needs of the Cuban citizenry; and

Whereas, Ending the American embargo against Cuba will boost the Cuban economy and lead to an improved quality of life for the Cuban people. Through Congressional action, breaking down the barriers between Americans and Cubans will expand diplomatic relations, travel, partnerships, and trade, allowing all citizens the opportunity to discover and reconnect on mutual interests, benefiting Cubans and Americans alike; now, therefore, be it

Resolved by the House of Representatives, That we urge the Congress of the United States to normalize relations with the Cuban government and lift the current embargo and other trade barriers with the Republic of Cuba; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Commerce and Trade.

Reps. Potvin, Geiss, Howrylak, Singh, Kelly, LaVoy, Aaron Miller, Johnson, Liberati, Heise, Hughes, Tedder, Lauwers and Jenkins offered the following resolution:

House Resolution No. 20.

A resolution to encourage the Michigan Department of Education to allow local school districts the option to hold fundraisers, such as bake sales, during school hours that involve food that may not meet the new federal school nutrition standards.

Whereas, The federal government has imposed new Smart Snacks in School standards requiring schools to offer healthier snack foods to students. The standards apply to all foods and beverages sold to students during the school day, including food in vending machines, school stores, snack carts, and à la carte food lines; and

Whereas, Food sold through in-school fundraising is also regulated. Because only foods that meet the smart snack standards can be sold in-school, reliable bake sales and other fund raisers will be eliminated. Many food-based fundraisers are time-honored traditions used year after year to raise funds for school activities, annual class trips, and charitable causes; and

Whereas, The United States Department of Agriculture allows each state to determine if a set number of in-school, food fundraisers will be exempt from the Smart Snacks standards. Twenty-one states allow exemptions for in-school fundraising with the number allowed ranging from one to thirty. States that allow exemptions are giving local school districts greater control over their fundraising activities and ability to determine what fundraising is appropriate in any given school; and

Whereas, Unfortunately, the Michigan Department of Education has declined to allow exemptions in Michigan. The refusal to allow exemptions takes away the opportunity for our locally elected school boards and local school administrators to determine which in-school food fundraisers are appropriate for their communities to fund class activities and trips; now, therefore, be it

Resolved by the House of Representatives, That we encourage the Michigan Department of Education to allow local school districts the option to hold fundraisers, such as bake sales, during school hours that involve food that may not meet the new federal school nutrition standards; and be it further

Resolved, That copies of this resolution be transmitted to the state Superintendent of Public Instruction.

The resolution was referred to the Committee on Education.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 13.

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

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

(The resolution was reported by the Committee on Transportation and Infrastructure on February 17.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Concurrent Resolution No. 1.

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

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

(The concurrent resolution was reported by the Committee on Transportation and Infrastructure on February 17.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Second Reading of Bills

House Bill No. 4076, entitled

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4159, entitled

The bill was read a second time.

Rep. Schor moved to amend the bill as follows:

1. Amend page 3, following line 10, by inserting:

“(I) A PUBLIC LIBRARY AS DEFINED IN SECTION 2 OF THE STATE AID TO PUBLIC LIBRARIES ACT, 1977 PA 89, MCL 397.552.”.

2. Amend page 5, following line 16, by inserting:

“(6) AN INDIVIDUAL SHALL NOT INTENTIONALLY DISPLAY OR OPENLY CARRY A PISTOL ON THE PREMISES LISTED IN SUBSECTION (1)(A) TO (I) UNLESS THE INDIVIDUAL OWNS THE PREMISES DESCRIBED IN SUBSECTION (1) OR IS EMPLOYED OR CONTRACTED BY THE OWNER OR OTHER PERSON WITH CONTROL OVER THE PREMISES DESCRIBED IN SUBSECTION (1), THE POSSESSION OF THE PISTOL IS TO PROVIDE SECURITY SERVICES FOR THE PREMISES OR IS OTHERWISE IN THE SCOPE OF THE INDIVIDUAL’S OFFICIAL DUTIES, OR THE INDIVIDUAL IS ACTING WITH THE EXPRESS WRITTEN CONSENT OF THE OWNER OF THE PREMISES OR AN AGENT OF THE OWNER OF THE PREMISES.” and renumbering the remaining subsection.

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

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

The motion prevailed.

House Bill No. 4160, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 234e (MCL 750.234e), as added by 1990 PA 321.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4161, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 222 (MCL 750.222), as amended by 2012 PA 242.

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

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

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

The motion prevailed.

Senate Bill No. 34, 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 sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425o, and 28.428), section 1 as amended by 2014 PA 203, section 2a as amended by 2013 PA 3, section 4 as amended by 2014 PA 6, sections 5 and 5a as added by 2000 PA 381, section 5b as amended by 2014 PA 207, sections 5c and 5d as amended by 2002 PA 719, section 5e as amended by 2014 PA 204, sections 5f and 5k as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, section 5l as amended by 2012 PA 32, section 5o as amended by 2014 PA 206, and section 8 as amended by 2008 PA 406, and by adding section 5x; and to repeal acts and parts of acts.

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

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

Rep. Schor moved to amend the bill as follows:

1. Amend page 76, following line 11, by inserting:

“(I) A PUBLIC LIBRARY AS DEFINED IN SECTION 2 OF THE STATE AID TO PUBLIC LIBRARIES ACT, 1977 PA 89, MCL 397.552.”.

2. Amend page 78, following line 4, by inserting:

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

Rep. Townsend moved to amend the bill as follows:

1. Amend page 5, following line 7, by inserting:

“Sec. 2. (1) Except as otherwise provided in this act, a person shall not purchase, carry, possess, or transport a ~~pistol~~ FIREARM in this state without first having obtained a license for the ~~pistol~~ FIREARM as prescribed in this section.

(2) A person who brings a ~~pistol~~ FIREARM into this state who is on leave from active duty with the armed forces of the United States or who has been discharged from active duty with the armed forces of the United States shall obtain a license for the ~~pistol~~ FIREARM within 30 days after his or her arrival in this state.

(3) The commissioner or chief of police of a city, township, or village police department that issues licenses to purchase, carry, possess, or transport ~~pistols,~~ FIREARMS, or his or her duly authorized deputy, or the sheriff or his or her duly authorized deputy, in the parts of a county not included within a city, township, or village having an organized police department, in discharging the duty to issue licenses shall with due speed and diligence issue licenses to purchase, carry, possess, or transport ~~pistols~~ FIREARMS to qualified applicants unless he or she has probable cause to believe that the applicant would be a threat to himself or herself or to other individuals, or would commit an offense with the ~~pistol~~ FIREARM that would violate a law of this or another state or of the United States. An applicant is qualified if all of the following circumstances exist:

(a) The person is not subject to an order or disposition for which he or she has received notice and an opportunity for a hearing, and which was entered into the law enforcement information network under any of the following:

(i) Section 464a of the mental health code, 1974 PA 258, MCL 330.1464a.

(ii) Section 5107 of the estates and protected individuals code, 1998 PA 386, MCL 700.5107, or section 444a of former 1978 PA 642.

(iii) Section 2950 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950.

(iv) Section 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950a.

(v) Section 14 of 1846 RS 84, MCL 552.14.

(vi) Section 6b of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.6b, if the order has a condition imposed under section 6b(3) of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.6b.

(vii) Section 16b of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.16b.

(b) The person is 18 years of age or older or, if the FIREARM IS A PISTOL AND THE seller is licensed under 18 USC 923, is 21 years of age or older.

(c) The person is a citizen of the United States or an alien lawfully admitted into the United States and is a legal resident of this state. For the purposes of this section, a person ~~shall be~~ IS considered a legal resident of this state if any of the following apply:

(i) The person has a valid, lawfully obtained Michigan driver license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300.

(ii) The person is lawfully registered to vote in this state.

(iii) The person is on active duty status with the United States armed forces and is stationed outside of this state, but the person’s home of record is in this state.

(iv) The person is on active duty status with the United States armed forces and is permanently stationed in this state, but the person’s home of record is in another state.

(d) A felony charge or a criminal charge listed in section 5b against the person is not pending at the time of application.

(e) The person is not prohibited from possessing, using, transporting, selling, purchasing, carrying, shipping, receiving, or distributing a firearm under section 224f of the Michigan penal code, 1931 PA 328, MCL 750.224f.

(f) The person has not been adjudged insane in this state or elsewhere unless he or she has been adjudged restored to sanity by court order.

(g) The person is not under an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.

(h) The person has not been adjudged legally incapacitated in this state or elsewhere. This subdivision does not apply to a person who has had his or her legal capacity restored by order of the court.

(4) Applications for licenses under this section shall be signed by the applicant under oath upon forms provided by the director of the department of state police. Licenses to purchase, carry, possess, or transport ~~pistols~~ FIREARMS shall be executed in triplicate upon forms provided by the director of the department of state police and shall be signed by the licensing authority. Three copies of the license shall be delivered to the applicant by the licensing authority. A license is void unless used within 30 days after the date it is issued.

(5) If an individual purchases or otherwise acquires a ~~pistol,~~ FIREARM, the seller shall fill out the license forms describing the ~~pistol,~~ FIREARM, together with the date of sale or acquisition, and sign his or her name in ink indicating that the ~~pistol~~ FIREARM was sold to or otherwise acquired by the purchaser. The purchaser shall also sign his or her name in ink indicating the purchase or other acquisition of the ~~pistol~~ FIREARM from the seller. The seller may retain a copy of the license as a record of the transaction. The purchaser shall receive 2 copies of the license. ~~The~~ IF THE FIREARM IS A PISTOL, THE purchaser shall return 1 copy of the license to the licensing authority within 10 days after the date the pistol is purchased or acquired. The return of the copy to the licensing authority may be made in person or may be made by first-class mail or certified mail sent within the 10-day period to the proper address of the licensing authority. A purchaser who fails to comply with the requirements of this subsection is responsible for a state civil infraction and may be fined not more than $250.00. If a purchaser is found responsible for a state civil infraction under this subsection, the court shall notify the department of state police of that determination.

(6) Within 10 days after receiving the license copy FOR A PISTOL returned under subsection (5), the licensing authority shall electronically enter the information into the pistol entry database as required by the department of state police if it has the ability to electronically enter that information. If the licensing authority does not have that ability, the licensing authority shall provide that information to the department of state police in a manner otherwise required by the department of state police. Any licensing authority that provided pistol descriptions to the department of state police under former section 9 of this act shall continue to provide pistol descriptions to the department of state police under this subsection. Within 48 hours after entering or otherwise providing the information on the license copy returned under subsection (5) to the department of state police, the licensing authority shall forward the copy of the license to the department of state police. The purchaser has the right to obtain a copy of the information placed in the pistol entry database under this subsection to verify the accuracy of that information. The licensing authority may charge a fee not to exceed $1.00 for the cost of providing the copy. The licensee may carry, use, possess, and transport the pistol for 30 days beginning on the date of purchase or acquisition only while he or she is in possession of his or her copy of the license. However, the person is not required to have the license in his or her possession while carrying, using, possessing, or transporting the pistol after this period.

(7) This section does not apply to the purchase of ~~pistols~~ FIREARMS from wholesalers by dealers regularly engaged in the business of selling ~~pistols~~ FIREARMS at retail, or to the sale, barter, or exchange of ~~pistols~~ FIREARMS kept as relics or curios not made for modern ammunition or permanently deactivated. This section does not prevent the transfer of ownership of ~~pistols~~ FIREARMS that are inherited if the license to purchase is approved by the commissioner or chief of police, sheriff, or their authorized deputies, and signed by the personal representative of the estate or by the next of kin having authority to dispose of the ~~pistol.~~FIREARM.

(8) An individual who is not a resident of this state is not required to obtain a license under this section if all of the following conditions apply:

(a) The individual is licensed in his or her state of residence to purchase, carry, or transport a ~~pistol.~~FIREARM.

(b) The individual is in possession of the license described in subdivision (a).

(d) The individual possesses the ~~pistol~~ FIREARM for a lawful purpose. ~~as that term is defined in section 231a of the~~ ~~Michigan penal code, 1931 PA 328, MCL 750.231a.~~

(e) The individual is in this state for a period of 180 days or less and does not intend to establish residency in this state.

(9) An individual who is a nonresident of this state shall present the license described in subsection (8)(a) upon the demand of a police officer. An individual who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

(10) The licensing authority may require a person claiming active duty status with the United States armed forces to provide proof of 1 or both of the following:

(a) The person’s home of record.

(b) Permanent active duty assignment in this state.

(11) This section does not apply to a person who is younger than the age required under subsection (3)(b) and who possesses a ~~pistol~~ FIREARM if ~~all~~ 1 of the following conditions ~~apply:~~APPLIES:

(a) The person is not otherwise prohibited from possessing that ~~pistol.~~FIREARM AND ALL OF THE FOLLOWING APPLY:

(i) ~~(b)~~ The person is at a recognized target range.

(ii) ~~(c)~~ The person possesses the ~~pistol~~ FIREARM for the purpose of target practice or instruction in the safe use of a ~~pistol.~~FIREARM.

(iii) ~~(d)~~ The person is in the physical presence and under the direct supervision of any of the following:

(A) (i) The person’s parent.

(B) (ii) The person’s guardian.

(C) (~~iii~~) An individual who is 21 years of age or older, who is authorized by the person’s parent or guardian, and who has successfully completed a pistol safety training course or class that meets the requirements of section 5j(1)(a), (b), or (d), and received a certificate of completion.

(iv) ~~(e)~~ The owner of the ~~pistol~~ FIREARM is physically present.

(B) THE PERSON IS NOT OTHERWISE PROHIBITED FROM POSSESSING THAT FIREARM AND THE PERSON POSSESSES THE FIREARM FOR THE PURPOSE OF HUNTING.

(12) This section does not apply to a person who possesses a ~~pistol~~ FIREARM if all of the following conditions apply:

(a) The person is not otherwise prohibited from possessing a ~~pistol.~~FIREARM.

(b) The person is at a recognized target range or shooting facility.

(c) The person possesses the ~~pistol~~ FIREARM for the purpose of target practice or instruction in the safe use of a ~~pistol.~~FIREARM.

(d) The owner of the ~~pistol~~ FIREARM is physically present and supervising the use of the ~~pistol.~~FIREARM.

(13) A person who forges any matter on an application for a license under this section is guilty of a felony, punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(14) A licensing authority shall implement this section during all of the licensing authority’s normal business hours and shall set hours for implementation that allow an applicant to use the license within the time period set forth in subsection (4).”.

2. Amend page 5, line 10, after “a” by striking out “pistol” and inserting “FIREARM”.

3. Amend page 5, line 16, after the first “a” by striking out “pistol” and inserting “FIREARM”.

4. Amend page 5, following line 17, by inserting:

“(D) AN INDIVIDUAL PURCHASING A FIREARM OTHER THAN A PISTOL WHO HAS A FEDERAL NATIONAL INSTANT CRIMINAL BACKGROUND CHECK PERFORMED ON HIM OR HER BY A FEDERALLY LICENSED FIREARMS DEALER NOT MORE THAN 30 DAYS BEFORE THE PURCHASE.”.

5. Amend page 5, line 19, after the first “a” by striking out “pistol” and inserting “FIREARM”.

6. Amend page 5, line 26, after “the” by striking out “pistol” and inserting “FIREARM OR THE DEALER LICENSE NUMBER OF THE FEDERALLY LICENSED FIREARMS DEALER THAT PERFORMED THE FEDERAL NATIONAL INSTANT CRIMINAL BACKGROUND CHECK”.

7. Amend page 6, line 1, after “and” by inserting a comma and “IF THE FIREARM IS A PISTOL,”.

8. Amend page 6, line 17, after “copy” by inserting “FOR A PISTOL”.

9. Amend page 8, following line 4, by inserting:

“Sec. 2b. (1) Except as provided in subsection (5), upon entry of an order or disposition into the law enforcement information network under any provision of law described in section 2(3)(a), the department of state police shall immediately send written notice of that entry to the person who is the subject of the order or disposition. The notice shall be sent by first-class mail to the last known address of the person. The notice shall include at least all of the following:

(a) The name of the person.

(b) The date the order or disposition was entered into the law enforcement information network.

(c) A statement that the person cannot obtain a license to purchase a ~~pistol~~ FIREARM or obtain a concealed weapon license until the order or disposition is removed from the law enforcement information network.

(d) A statement that the person may request that the state police correct or expunge inaccurate information entered into the law enforcement information network.

(2) A person who is the subject of an order entered into the law enforcement information network under any provision of law described in section 2(3)(a) may request that the department of state police do either of the following:

(a) Amend an inaccuracy in the information entered into the law enforcement information network under any provision of law described in section 2(3)(a).

(b) Expunge the person’s name and other information concerning the person from the law enforcement information network regarding 1 or more specific entries in the law enforcement information network under any provision of law described in section 2(3)(a) because 1 or more of the following circumstances exist:

(i) The person is not subject to an order of involuntary commitment in an inpatient or outpatient setting due to mental illness.

(ii) The person is not subject to an order or disposition determining that the person is legally incapacitated.

(iii) The person is not subject to a personal protection order issued under any of the following:

(A) Section 2950 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950.

(B) Section 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950a.

(iv) The person is not subject to an order for release subject to protective conditions that prohibits the purchase or possession of a firearm by the person issued under section 6b of chapter V of the code of criminal procedure, 1927 PA 175, MCL 765.6b.

(3) Before the expiration of 30 days after a request is made to amend an inaccuracy in the law enforcement information network under subsection (2)(a) or to expunge 1 or more specific entries from the law enforcement information network under subsection (2)(b)(i) to (iv), the department of state police shall conduct an investigation concerning the accuracy of the information contained in the law enforcement information network, either grant or deny the request and provide the person with written notice of that grant or denial. A notice of denial shall include a statement specifying the basis of the denial, and that a person may appeal the denial pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(4) If the department of state police refuses a request by a person for amendment or expunction under subsection (2), or fails to act within 30 days after receiving the request under subsection (2), the person may request a hearing before a hearing officer appointed by the department of state police for a determination of whether information entered into the law enforcement information network should be amended or expunged because it is inaccurate or false. The department of state police shall conduct the hearing pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(5) The department of state police shall not send written notice of an entry of an order or disposition into the law enforcement information network as required for a personal protection order issued under section 2950 or 2950a of the revised judicature act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, until that department has received notice that the respondent of the order has been served with or has received notice of the personal protection order.”.

10. Amend page 85, following line 10, by inserting:

“Sec. 12. (1) Section 2 does not apply to any of the following:

(a) A police or correctional agency of the United States or of this state or any subdivision of this state.

(b) The United States army, air force, navy, or marine corps.

(d) The national guard, armed forces reserves, or other duly authorized military organization.

(e) A member of an entity or organization described in subdivisions (a) through (d) for a ~~pistol~~ FIREARM while engaged in the course of his or her duties with that entity or while going to or returning from those duties.

(f) A United States citizen holding a license to carry a pistol concealed upon his or her person issued by another state.

(g) The regular and ordinary possession and transportation of a ~~pistol~~ FIREARM as merchandise by an authorized agent of a person licensed to manufacture firearms or a licensed dealer.

(h) Purchasing, owning, carrying, possessing, using, or transporting an antique firearm. As used in this subdivision, “antique firearm” means that term as defined in section 231a of the Michigan penal code, 1931 PA 328, MCL 750.231a.

(i) An individual carrying, possessing, using, or transporting a pistol belonging to another individual, if the other individual’s possession of the pistol is authorized by law and the individual carrying, possessing, using, or transporting the pistol has obtained a license under section 5b to carry a concealed pistol or is exempt from licensure as provided in section 12a.

(2) The amendatory act that added subsection (1)(h) shall be known and may be cited as the “Janet Kukuk act”.

Sec. 14a. (1) A law enforcement agency that seizes or otherwise comes into possession of a firearm or a part of a firearm subject to disposal under section 14 may, instead of forwarding the firearm or part of a firearm to the director of the department of state police or his or her designated representative for disposal under that section, retain that firearm or part of a firearm for the following purposes:

(a) For legal sale or trade to a federally licensed firearm dealer. The proceeds from any sale or trade under this subdivision shall be used by the law enforcement agency only for law enforcement purposes. The law enforcement agency shall not sell or trade a firearm or part of a firearm under this subdivision to any individual who is a member of that law enforcement agency unless the individual is a federally licensed firearms dealer and the sale is made pursuant to a public auction.

(b) For official use by members of the seizing law enforcement agency who are employed as peace officers. A firearm or part of a firearm shall not be sold under this subdivision.

(2) A law enforcement agency that sells or trades any ~~pistol~~ FIREARM to a licensed dealer under subsection (1)(a) or retains any ~~pistol~~ FIREARM under subsection (1)(b) shall complete a record of the transaction under section 2 or section 2a, as applicable.

(3) A law enforcement agency that sells or trades a firearm or part of a firearm under this section shall retain a receipt of the sale or trade for a period of not less than 7 years. The law enforcement agency shall make all receipts retained under this subsection available for inspection by the department of state police upon demand and for auditing purposes by the state and the local unit of government of which the agency is a part.

(4) Before disposing of a firearm under this section, the law enforcement agency shall do both of the following:

(a) Determine through the law enforcement information network whether the firearm has been reported lost or stolen. If the firearm has been reported lost or stolen and the name and address of the owner can be determined, the law enforcement agency shall provide 30 days’ written notice of its intent to dispose of the firearm under this section to the owner, and allow the owner to claim the firearm within that 30-day period if he or she is authorized to possess the firearm. If the police agency determines that a serial number has been altered or has been removed or obliterated from the firearm, the police agency shall submit the firearm to the department of state police or a forensic laboratory for serial number verification or restoration to determine legal ownership.

(b) Provide 30 days’ notice to the public on a website maintained by the law enforcement agency of its intent to dispose of the firearm under this section. The notice shall include a description of the firearm and shall state the firearm’s serial number, if the serial number can be determined. The law enforcement agency shall allow the owner of the firearm to claim the firearm within that 30-day period if he or she is authorized to possess the firearm. The 30-day period required under this subdivision is in addition to the 30-day period required under subdivision (a).

(5) The law enforcement agency is immune from civil liability for disposing of a firearm in compliance with this section.

(6) As used in this section, “law enforcement agency” means any agency that employs peace officers.”.

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

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

The motion prevailed.

Senate Bill No. 35, 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 2012 PA 124.

The bill was read a second time.

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

The motion prevailed.

______

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

Introduction of Bills

Reps. Somerville, Runestad, Lucido, Dianda, Kelly, Outman, Franz, Barrett, Theis, Heise, Santana, Cox, Rendon, Hughes, Johnson, Chatfield, Hooker and Kosowski introduced

House Bill No. 4225, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 11g.

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

Reps. Garcia, Price, Victory, Heise, McCready, Jacobsen, Santana, Yanez, Singh, Schor, Brinks and Dillon introduced

House Bill No. 4226, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12b (MCL 125.2162b), as added by 2008 PA 104.

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

Reps. Pettalia, Irwin, Lucido, Tedder, McCready, Maturen, Kivela, Dianda, Singh, Faris, Plawecki, Lane and Rutledge introduced

House Bill No. 4227, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 33 (MCL 257.33), as amended by 2013 PA 36, and by adding section 7b.

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

Reps. Irwin, Pettalia, Lucido, Tedder, McCready, Kivela, Dianda, Singh, Faris, Plawecki, Lane and Rutledge introduced

House Bill No. 4228, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 624a, 657, 660, 662, 901, and 907 (MCL 257.624a, 257.657, 257.660, 257.662, 257.901, and 257.907), section 624a as amended by 2012 PA 306, sections 657 and 662 as amended by 2002 PA 494, section 660 as amended by 2006 PA 339, and section 907 as amended by 2014 PA 303, and by adding sections 518a and 625p.

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

Reps. Robinson, Durhal, Byrd, Irwin, Gay-Dagnogo, Cochran, Banks, Love, Santana and Talabi introduced

House Bill No. 4229, entitled

A bill to provide for the use by law enforcement officers of cameras worn on the body; to require the retention and provide for the production by law enforcement agencies of recordings made using the cameras; to create certain presumptions in a court proceeding; to provide for the reimbursement of certain costs to local law enforcement agencies; and to prescribe the powers and duties of certain public officials and public employees.

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

Reps. Potvin, Leutheuser, Howrylak, Kelly, Singh, LaVoy, Aaron Miller, Johnson, Liberati, Heise, Hughes, Tedder, Lauwers, Jenkins and Geiss introduced

House Bill No. 4230, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1272e.

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

Reps. Hughes and Faris introduced

House Bill No. 4231, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2014 PA 324.

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

Reps. Talabi, Banks, Gay-Dagnogo, Rutledge, Garrett, Faris, Hovey-Wright, Byrd, Robinson, Durhal, Love and Townsend introduced

House Bill No. 4232, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending section 602 (MCL 37.2602), as amended by 1992 PA 258.

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

Reps. Neeley, Rutledge, Moss, Smiley, Robinson, Gay-Dagnogo, Garrett, Chang, Phelps, Yanez, Banks, Byrd, Santana, Faris, Irwin, Durhal, Hovey-Wright, Talabi, Guerra, Love, Zemke and Kosowski introduced

House Bill No. 4233, entitled

A bill to create the state police motor vehicle pursuit policy act; to regulate motor vehicle pursuits by the department of state police in certain municipalities; and to prescribe the powers and duties of certain state and local agencies.

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

Reps. Runestad, Lauwers, Hooker, Lucido, Glenn, Franz, Hughes, Rendon, Irwin, Chirkun and Chang introduced

House Bill No. 4234, entitled

A bill to exempt certain audio and video recordings taken by law enforcement officers with a body-worn camera or similar device from disclosure; to describe certain places; to describe certain individuals who may request disclosure of those audio or video recordings; and to prescribe the powers and duties of certain local and state law enforcement agencies.

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

Reps. Darany, Sarah Roberts, Greig, Plawecki, Pagan, Irwin, Brinks, Faris, Hovey-Wright, Geiss, Love, Santana, Driskell, Callton, Durhal, Lane, Liberati, Cochran, Hoadley, Wittenberg, Price and Kosowski introduced

House Bill No. 4235, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2617, 2631, and 2632 (MCL 333.2617, 333.2631, and 333.2632).

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

Reps. Darany, Faris, Greig, Plawecki, Yanez and Kosowski introduced

House Bill No. 4236, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 684 (MCL 257.684).

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

Rep. Lucido introduced

House Bill No. 4237, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2012 PA 389.

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

Reps. Theis, Lucido, Bizon, Cox, Chatfield, Barrett, Leutheuser, Runestad, Aaron Miller, Vaupel, Lyons, Somerville, Derek Miller, Chang, Tedder, Sheppard, Glenn, Hughes, Hooker, Pagel, Faris, Franz, Rutledge, Plawecki, Hoadley, Crawford, Cole, Yonker, Garcia and Sarah Roberts introduced

House Bill No. 4238, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.

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

______

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 that the following bills had been printed and placed upon the files of the members on Thursday, February 19:

Senate Bill Nos. 149 150 151 152

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, February 20:

House Bill Nos. 4223 4224

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read: