No. 21

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Tuesday, March 3, 2015.

1:30 p.m.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Forlini—present Kivela—present

e/d/s = entered during session

Elder William R. Comer, Pastor of Church of Jesus Christ of Latter-day Saints in Harrison, offered the following invocation:

“Our most kind and gracious Father in Heaven. We are grateful to Thee for the many blessings that Thou hast bestowed upon us. We are grateful to Thee for the opportunity we have to live in this great nation and State. We are grateful to Thee for the many freedoms we enjoy and the relative peace we have when so much of today’s world is in conflict. We are grateful for the service of the men and woman of this legislative body. We are grateful for the sacrifice they make to serve their fellow men.

We ask Thee, dear Father, that Thou will bless this great body of men and woman with the wisdom and understanding needed as elected officials to carry out their duties to the people of this State. Grant unto them Thy spirit to give them the guidance they need as leaders in this great State to make the right decisions and choices to maintain the freedoms we so cherish.

We ask Thy blessings to be upon the men and women of law enforcement and those serving in the armed forces from this State. We are grateful for their sacrifice and service. Watch over them and their families and keep them safe.

Now Father, again we are grateful for Thy many blessings. May Thy spirit guide and direct us. In the name of Thy son, Jesus, Christ, Amen.”

Motions and Resolutions

Reps. Price, Crawford, Yonker, Garcia, Webber, Cox, Santana, Afendoulis, Hoadley, Howrylak, Lucido, Maturen and Poleski offered the following resolution:

House Resolution No. 25.

A resolution to declare March 2015 as Reading Month in the state of Michigan.

Whereas, The members of the Michigan House of Representatives are dedicated to providing a quality education to all the children in Michigan; and

Whereas, The citizens of Michigan believe that reading is fundamental to children’s development and education; and

Whereas, Children learn to read until Grade 3 then read to learn thereafter; and

Whereas, Research shows that children who learn to read by 3rd grade have greater success in school; and

Whereas, Reading is essential to everyday life, both inside and outside of the classroom. Reading opens doors and allows children to explore the entire world and beyond. Reading is also a cornerstone to building productive contributing citizens; and

Whereas, We recognize and promote the importance of community and parental involvement in every child’s success in school; and

Whereas, The Michigan House of Representatives is committed to helping Michigan’s children be successful throughout their academic careers; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2015 as Reading Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

House Bill No. 4051, 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 28 (MCL 205.28), as amended by 2014 PA 240.

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

Roll Call No. 24 Yeas—110

Afendoulis Franz Kosowski Potvin

Banks Gamrat LaFontaine Price

Barrett Garcia Lane Pscholka

Bizon Garrett Lauwers Rendon

Brinks Gay-Dagnogo LaVoy Roberts, B.

Brunner Geiss Leonard Roberts, S.

Bumstead Glardon Leutheuser Robinson

Byrd Glenn Liberati Runestad

Callton Goike Love Rutledge

Canfield Graves Lucido Santana

Chang Greig Lyons Schor

Chatfield Greimel Maturen Sheppard

Chirkun Guerra McBroom Singh

Clemente Heise McCready Smiley

Cochran Hoadley Miller, A. Somerville

Cole Hooker Miller, D. Talabi

Cotter Hovey-Wright Moss Tedder

Courser Howrylak Muxlow Theis

Cox Hughes Neeley Townsend

Crawford Iden Nesbitt Vaupel

Darany Inman Outman VerHeulen

Dianda Irwin Pagan Victory

Dillon Jacobsen Pagel Webber

Driskell Jenkins Pettalia Wittenberg

Durhal Johnson Phelps Yanez

Faris Kelly Plawecki Yonker

Farrington Kesto Poleski Zemke

Forlini Kivela

Nays—0

In The Chair: Leonard

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.

______

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

The motion prevailed.

______

The Speaker Pro Tempore 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 Friday, February 27:

House Bill Nos. 4247 4248 4249 4250 4251 4252 4253 4254 4255 4256 4257 4258 4259 4260

4261 4262 4263 4264 4265 4266 4267 4268 4269

Senate Bill Nos. 165 166 167 168

The Clerk announced the enrollment printing and presentation to the Governor on Monday, March 2, for his approval of the following bills:

Enrolled House Bill No. 4110 at 11:12 a.m.

Enrolled House Bill No. 4112 at 11:14 a.m.

Reports of Standing Committees

The Committee on Commerce and Trade, by Rep. Graves, Chair, reported

House Bill No. 4162, entitled

A bill to amend 1976 PA 333, entitled “An act to provide for the licensing of elevator journeymen and the regulation of elevators and elevator journeymen; to prescribe the functions of the director of labor and the elevator safety board; and to provide penalties for violations of this act,” by amending section 2 (MCL 338.2152).

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. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn and Leutheuser

Nays: Reps. Schor, Townsend, Geiss, Love and Moss

The Committee on Commerce and Trade, by Rep. Graves, Chair, reported

House Bill No. 4163, entitled

A bill to amend 1967 PA 227, entitled “An act to regulate the inspection, construction, installation, alteration, maintenance, repair and operation of elevators and the licensing of elevator contractors; to prescribe the functions of the director of labor; to create, and prescribe the functions of, the elevator safety board; to provide penalties for violations of the act; and to repeal certain acts and parts of acts,” by amending the title and sections 3, 4, and 15 (MCL 408.803, 408.804, and 408.815), section 15 as amended by 2004 PA 269, and by adding section 14a.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 4, line 9, after “18.1-2008” by inserting “OR ANY REVISION TO THAT STANDARD APPROVED BY THE DEPARTMENT”.

2. Amend page 5, line 15, after “18.1-2008” by inserting “OR ANY REVISION TO THAT STANDARD APPROVED BY THE DEPARTMENT”.

The bill and amendments were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn and Leutheuser

Nays: Reps. Schor, Townsend, Geiss, Love and Moss

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Graves, Chair, of the Committee on Commerce and Trade, was received and read:

Meeting held on: Tuesday, March 3, 2015

Present: Reps. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn, Leutheuser, Schor, Townsend, Geiss, Love and Moss

Absent: Reps. Byrd and Garrett

Excused: Reps. Byrd and Garrett

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

House Bill No. 4069, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter II (MCL 762.11), as amended by 2004 PA 239.

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. Heise, Webber, Howrylak, Courser, Lucido, Guerra and Hovey-Wright

Nays: None

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

House Bill No. 4135, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter II (MCL 762.12), as amended by 1994 PA 286.

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. Heise, Webber, Howrylak, Courser, Lucido, Guerra and Hovey-Wright

Nays: None

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

House Bill No. 4169, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13 of chapter II (MCL 762.13), as amended by 2004 PA 239.

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. Heise, Webber, Howrylak, Courser, Lucido, Guerra and Hovey-Wright

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 3, 2015

Present: Reps. Heise, Webber, Howrylak, Courser, Lucido, Guerra and Hovey-Wright

Absent: Rep. Chang

Excused: Rep. Chang

The Committee on Communications and Technology, by Rep. Jacobsen, Chair, reported

House Resolution No. 17.

A resolution to memorialize the President of the United States, the U.S. Congress, and the U.S. Federal Communications Commission to refrain from regulating broadband Internet services as common carrier services under Title II of the Communications Act of 1934.

(For text of resolution, see House Journal No. 17, p. 176.)

With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 17.

A resolution to memorialize the President of the United States, the U.S. Congress, and the U.S. Federal Communications Commission to rescind the ruling which regulates broadband Internet services as common carrier services under Title II of the Communications Act of 1934.

Whereas, Due in large part to the unregulated efforts of private enterprise over nearly the past 30 years, the development of the Internet has dramatically transformed the way Michigan citizens work, live, and learn. The deployment of efficient, fast, and reliable broadband networks across Michigan has created thousands of jobs and economic benefits for local economies. The Internet has also revolutionized and enhanced our ability to communicate near and far; and

Whereas, In order to encourage the growth and development of the Internet, the Federal Communications Commission (FCC) has historically followed a policy to refrain from regulating broadband Internet services as common carrier services under Title II of the Communications Act of 1934. As a result, the United States has been at the forefront of technological, business, and social innovation on the Internet; and

Whereas, The FCC met on February 26, 2015 and passed rules that reclassified Internet service as a telecommunications, not information, service. This change and associated rules will allow the FCC to regulate Internet service more stringently, essentially like that of a public utility; and

Whereas, Internet speeds in the United States are among the fastest in the world. More than 90 percent of households are now served by connections capable of speeds of 100 megabits per second, and 76 percent of households have access to three or more high speed Internet providers. Companies that invest in broadband and related applications should have the flexibility to explore fair and competitive business models and pricing plans for their products and services, and mandated net neutrality regulations will hinder future capital investments in the United States’ broadband infrastructure; and

Whereas, The European Union’s Internet regulations have stymied investment in broadband infrastructure and access, resulting in private investments of only $16 billion in high speed Internet and $15 billion in mobile Internet access, compared to $69 billion in high speed Internet and $30 billion in mobile Internet access in the United States. Additionally, only 30 percent of the European Union has high speed wireless broadband, or LTE, coverage, as opposed to 79 percent of the United States; now, therefore, be it

Resolved by the House of Representatives, That we urge Congress to continue efforts to pass legislation that would provide clear rules on Internet protection and not hinder investment in broadband, in place of the FCC’s new rules; and be it further

Resolved, That we memorialize the President of the United States, the U.S. Congress, and the U.S. Federal Communications Commission to rescind the ruling which regulates broadband Internet services as common carrier services under Title II of the Communications Act of 1934; and be it further

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Jacobsen, Iden, Franz, Glardon, Outman, Price, Barrett, Leutheuser and Tedder

Nays: Reps. Driskell, Chirkun and Greig

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Jacobsen, Chair, of the Committee on Communications and Technology, was received and read:

Meeting held on: Tuesday, March 3, 2015

Present: Reps. Jacobsen, Iden, Franz, Glardon, Outman, Price, Barrett, Leutheuser, Tedder, Phelps, Driskell, Chirkun, Greig and Guerra

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaFontaine, Chair, of the Committee on Natural Resources, was received and read:

Meeting held on: Tuesday, March 3, 2015

Present: Reps. LaFontaine, Rendon, Forlini, McBroom, Kivela, Smiley and Plawecki

Absent: Reps. Goike and Lyons

Excused: Reps. Goike and Lyons

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 3, 2015

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

Absent: Rep. Kesto

Excused: Rep. Kesto

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 3, 2015

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

Absent: Rep. Goike

Excused: Rep. Goike

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 3, 2015

Present: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Chang and Guerra

Absent: Rep. Robinson

Excused: Rep. Robinson

______

Rep. Runestad moved that the House adjourn.

The motion prevailed, the time being 2:40 p.m.

Associate Speaker Pro Tempore Franz declared the House adjourned until Wednesday, March 4, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

236 JOURNAL OF THE HOUSE [March 3, 2015] [No. 21

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