No. 25

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Wednesday, March 11, 2015.

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 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—excused 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

Rev. Terry Kerner, Pastor of St. Kateri Catholic Church in Dearborn, offered the following invocation:

“ALMIGHTY GOD AND CREATOR OF ALL GOOD THINGS, WE SEEK YOUR GENEROUS BLESSING ON OUR ASSEMBLY TODAY. LIKE THE SEASON OF SPRING, WE COME TOGETHER ANTICIPATING GROWTH AND CHANGE FOR BETTER AND KINDER DAYS.

HELP REMEMBER THAT CHANGE ONLY COMES WITH A WILLINGNESS TO LOOK FOR THE NOVELTY IN ANOTHER PERSON’S IDEAS AND NURTURE IT WITH OUR OWN EXPERIENCE AND WISDOM.

HELP US TO REMEMBER EACH DAY THE TRUST PLACED IN US TO LEAD, TO SERVE, TO WORK TOGETHER, RESPECTING THE PRIVILEGE GIVEN US AS ELECTED CITIZENS OF OUR GREAT STATE OF MICHIGAN.

MAY WE NEVER YIELD TO PETTINESS NOR BECOME SMALL-MINDED. MAY WE ALWAYS BE OPEN TO EACH OTHER’S SINCERITY AND SEEK TO GROW OUR TRUST AND COLLABORATION WORKING ONLY TO CREATE THE VERY BEST FOR THE CITIZENS WHOM WE SERVE.

AND LORD, AFTER THIS MONUMENTAL TASK OF HELPING US, PLEASE TAKE A QUIET MOMENT TO GRANT TO ONE OF MICHIGAN’S GREATEST ASSETS, OUR BOYS, OUR DETROIT TIGERS! AMEN.”

______

Rep. Nesbitt moved that Rep. Muxlow be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Derek Miller, Sarah Roberts, Yanez, Greig, Chirkun, Zemke, Plawecki, Townsend, Schor, Brinks, Dillon, Talabi, Chang, Garrett, Brunner, Liberati, Pagan, Rutledge, Banks, Hovey-Wright, LaVoy and Durhal offered the following resolution:

House Resolution No. 33.

A resolution to urge the Governor to promote the use of energy-efficiency measures and LEED standards in the design, construction, and renovation of state-owned buildings.

Whereas, The state of Michigan owns dozens of office buildings and workspaces. Facilities managed by the Department of Technology, Management and Budget alone comprise over 12 million square feet of space and consume enormous amounts of water as well as energy for lighting, heating, cooling, and computers and other equipment. This energy usage costs the state around $23 million annually and is responsible for significant greenhouse gas emissions; and

Whereas, Maximizing the use of energy-efficient measures, such as LED lighting, high R-factor building materials, low U-factor windows, and Energy Star-rated heating and cooling systems could significantly reduce the state’s energy consumption, save millions of taxpayer dollars, support local businesses and job creation, and reduce harmful emissions; and

Whereas, The LEED green building rating system is one of the most widely used measures of a building’s energy efficiency, used by eighty-eight Fortune 100 companies and hundreds of cities. Moreover, nearly 20 states require that newly constructed or renovated state buildings achieve LEED or a similar level of certification. There are over 44,000 registered and certified LEED projects in the United States. A building that has been designed, renovated, built, operated, and certified as compliant with LEED is recognized to reduce energy consumption and costs; reduce water consumption and costs; reduce carbon emissions; promote renewable, clean energy; improve building value and reduce operating costs; and improve occupant health and comfort; and

Whereas, Public Act 295 of 2008 established a goal to reduce state energy consumption by 25 percent by 2015 when compared to 2002. The act also requires the Department of Technology, Management and Budget to examine the costs and benefits of using LEED building code standards when constructing or remodeling a state building and when leasing a building. As of June 2014, only the Michigan State Housing Development Authority’s leased office building in Lansing has achieved LEED certification. It is estimated to save Michigan taxpayers $31,500 annually with a 1.23 years payback period; and

Whereas, The state of Michigan should meet its own energy goals and requirements. This would demonstrate energy leadership, raise public awareness of the benefits of energy efficiency, and provide a model for the private sector; now, therefore, be it

Resolved by the House of Representatives, That we urge the Governor to promote the use of energy-efficiency measures and LEED standards in the design, construction, and renovation of state-owned buildings; and be it further

Resolved, That copies of this resolution be transmitted to the Governor and the Director of the Department of Technology, Management and Budget.

The resolution was referred to the Committee on Appropriations.

Third Reading of Bills

House Bill No. 4122, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 29h (MCL 125.2029h), as amended by 2014 PA 396.

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

Roll Call No. 26 Yeas—58

Afendoulis Glenn LaFontaine Price

Barrett Goike Lauwers Pscholka

Bizon Graves Leonard Rendon

Bumstead Heise Leutheuser Roberts, B.

Canfield Hooker Lyons Runestad

Chatfield Howrylak Maturen Santana

Cole Hughes McBroom Somerville

Cotter Iden Miller, A. Tedder

Courser Inman Nesbitt Theis

Cox Jacobsen Outman Vaupel

Farrington Jenkins Pagel VerHeulen

Forlini Johnson Pettalia Victory

Franz Kelly Poleski Webber

Gamrat Kesto Potvin Yonker

Garcia Kivela

Nays—51

Banks Driskell Kosowski Roberts, S.

Brinks Durhal Lane Robinson

Brunner Faris LaVoy Rutledge

Byrd Garrett Liberati Schor

Callton Gay-Dagnogo Love Sheppard

Chang Geiss Lucido Singh

Chirkun Glardon McCready Smiley

Clemente Greig Miller, D. Talabi

Cochran Greimel Moss Townsend

Crawford Guerra Neeley Wittenberg

Darany Hoadley Pagan Yanez

Dianda Hovey-Wright Phelps Zemke

Dillon Irwin Plawecki

In The Chair: Cotter

The House agreed to the title of the bill.

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

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

______

Rep. Pagan, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Thank you, Mr. Speaker.

Today I rise in opposition to House Bill 4122, a bill that prohibits the Michigan Film office from operating or funding film and digital media production.

At a time when we are talking about supporting new and exciting industries in Michigan, we cannot forget about how strong of an impact the Michigan Film Incentive program has made in our great state.

First, this incentive program is about creating jobs. Since its creation in 2008, this incentive program has created over 10,000 jobs - all highly skilled, good paying jobs. The very same kind of jobs our Governor is focused on creating. In fact, every $1 we invest in the film incentive program generates $10 in economic impact. Many out of work Michiganders, especially in the carpentry, electrical, and sound and lighting trades, are now finding work in building movie studios and sets right here in our local communities.

And of course, besides the strong economic impact and the creation of good paying jobs, there is a cool factor. Who doesn’t want to see Ben Affleck or Amy Adams walking down our local streets?

This film incentive program is good for Michigan’s business, it’s good for Michigan’s local communities, and it’s good for Michigan’s families. I strongly urge my colleagues to vote NO on HB 4122.

Thank you Mr Speaker.”

Rep. Hoadley, 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:

While I support efforts to control legacy tax costs, the current film incentive program as a pay-as-you-go system creates smart economic investment in the state. I support the reasonable role of leveraging state investment in a growing industry. This bill punishes a model that is sustainable and working while failing to address a broader set of issues related to legacy tax credits.”

Rep. Moss, 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:

The most pressing problem we are going to tackle in this Legislature is how to grow our population, as Michigan was the only state in the country in the last census that faced population loss. The solution to that problem includes retaining the creative talent we have here now, and attracting young talent to plant their roots in Michigan. Michigan’s film incentive program is part of that solution and is reaching the creative talent who left Michigan or bypass Michigan. Therefore, I voted against House Bill 4122.”

Rep. Robinson, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted to protect the jobs created in this industry. It is my belief that this bill is a ploy to negotiate another deal with the film industry and not the elimination of corporate welfare.”

Rep. Yanez, 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:

Mr. Clerk,

I voted NO on HB 4122 because last term I supported the Governors recommendation to phase out the tax credits. Many Michigan workers that are still trying to financially get back on their feet after our ‘Great Recession’ and they have found jobs in the film industry. Individuals have have committed large financial investments in Michigan because of these credits. It’s unfair to simply ‘pull the rug out from under them’ after making those investments in our community and our state. Therefore I voted ‘NO’.”

Rep. Guerra, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted against House Bill 4122 because this bill would prohibit the Michigan Film Office from funding the film incentives. I believe we should invest in programs that create jobs for Michigan workers and boost Michigan’s economy which is exactly what the film incentives do.

Rep. Chirkun, 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:

Thank you Mr. Speaker,

Today, I rise in opposition to House Bill 4122. I believe this bill is sending the wrong message to businesses who want to come to Michigan and bring movie projects here and provide job opportunities for Michigan residents.

I do not understand the need for this legislation when just months ago, the previous legislature passed a bill that would phase out the film incentive program by 2021.

Now, literally, three months later, we (the legislature) are now saying that despite what was passed in December, we must eliminate the tax incentive program all together now and end the job prospects for many of Michigan’s residents who are currently employed by the film industry.

Some say the industry is full of transient workers. Well, the reason for that is because we keep changing the rules of the game. If there was a consistent set of incentives and funding, more movie projects would come to Michigan and these employees would continuously be involved in making these movies, like in Georgia.

The executive budget recommendation calls for the film tax incentives to remain in place and I, Mr. Speaker, agree.

If we want to continue to diversify our state’s economy and build up a workforce that is permanent, we must not support this bill. I urge my colleagues on both sides to oppose this legislation and let the changes made last year have the time to be implemented.

Thank you Mr. Speaker.”

Rep. Driskell, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Today I will vote no on House Bill 4122, a bill that prohibits the Michigan Film office from operating or funding film and digital media production.

The Michigan Film Office’s Film and Digital Media Production Assistance Program has been successful in diversifying our state’s economy. It has jump-started a new industry in our state that is creating jobs for skilled workers.

Since it was created in 2008, this incentive program has generated thousands of jobs. A report from Ernst & Young found that from 2009-2010 alone, Michigan’s film industry generated 6,491 full-time jobs. Furthermore, every $1 we invest in the film incentive program generates $6 in economic gain.

When there are so many business tax credits and tax incentive programs in our state, why is the legislature singling out this particular program for elimination? I believe we should address corporate tax incentives as a whole, rather than cherry-picking programs for elimination.

With more time, we will see continued and improved benefits from the program. I voted no on House Bill 4122 because the the film incentive program is good for Michigan’s economy, communities, and families.”

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).

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

Roll Call No. 27 Yeas—62

Afendoulis Garcia LaFontaine Potvin

Barrett Glardon Lauwers Price

Bizon Glenn Leonard Pscholka

Bumstead Goike Leutheuser Rendon

Callton Graves Lucido Roberts, B.

Canfield Heise Lyons Runestad

Chatfield Hooker Maturen Sheppard

Cole Howrylak McBroom Somerville

Cotter Hughes McCready Tedder

Courser Iden Miller, A. Theis

Cox Inman Nesbitt Vaupel

Crawford Jacobsen Outman VerHeulen

Farrington Jenkins Pagel Victory

Forlini Johnson Pettalia Webber

Franz Kelly Poleski Yonker

Gamrat Kesto

Nays—47

Banks Durhal Kosowski Robinson

Brinks Faris Lane Rutledge

Brunner Garrett LaVoy Santana

Byrd Gay-Dagnogo Liberati Schor

Chang Geiss Love Singh

Chirkun Greig Miller, D. Smiley

Clemente Greimel Moss Talabi

Cochran Guerra Neeley Townsend

Darany Hoadley Pagan Wittenberg

Dianda Hovey-Wright Phelps Yanez

Dillon Irwin Plawecki Zemke

Driskell Kivela Roberts, S.

In The Chair: Cotter

The House agreed to the title of the bill.

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

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

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.

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

Roll Call No. 28 Yeas—62

Afendoulis Garcia LaFontaine Potvin

Barrett Glardon Lauwers Price

Bizon Glenn Leonard Pscholka

Bumstead Goike Leutheuser Rendon

Callton Graves Lucido Roberts, B.

Canfield Heise Lyons Runestad

Chatfield Hooker Maturen Sheppard

Cole Howrylak McBroom Somerville

Cotter Hughes McCready Tedder

Courser Iden Miller, A. Theis

Cox Inman Nesbitt Vaupel

Crawford Jacobsen Outman VerHeulen

Farrington Jenkins Pagel Victory

Forlini Johnson Pettalia Webber

Franz Kelly Poleski Yonker

Gamrat Kesto

Nays—47

Banks Durhal Kosowski Robinson

Brinks Faris Lane Rutledge

Brunner Garrett LaVoy Santana

Byrd Gay-Dagnogo Liberati Schor

Chang Geiss Love Singh

Chirkun Greig Miller, D. Smiley

Clemente Greimel Moss Talabi

Cochran Guerra Neeley Townsend

Darany Hoadley Pagan Wittenberg

Dianda Hovey-Wright Phelps Yanez

Dillon Irwin Plawecki Zemke

Driskell Kivela Roberts, S.

In The Chair: Cotter

The House agreed to the title of the bill.

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

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

Second Reading of Bills

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.

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

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

Rep. Heise moved to amend the bill as follows:

1. Amend page 4, following line 11, by inserting:

“Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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.

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

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

Rep. Heise moved to amend the bill as follows:

1. Amend page 2, following line 20, by inserting:

(E) A FIREARM OFFENSE. AS USED IN THIS SUBDIVISION, “FIREARM OFFENSE” MEANS A CRIME INVOLVING A FIREARM AS THAT TERM IS DEFINED IN SECTION 1 OF 1927 PA 372, MCL 28.421, WHETHER OR NOT THE POSSESSION, USE, TRANSPORTATION, OR CONCEALMENT OF A FIREARM IS AN ELEMENT OF THE CRIME.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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.

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

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

Rep. Heise moved to amend the bill as follows:

1. Amend page 5, following line 8, by inserting:

“Enacting section 2. This amendatory act applies to cases in which an individual is assigned to youthful trainee status on or after the effective date of this amendatory act.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Hovey-Wright moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 137, entitled

A bill to amend 2012 PA 101, entitled “Autism coverage reimbursement act,” by amending section 8 (MCL 550.1838), as added by 2014 PA 401.

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.

Senate Bill No. 138, entitled

A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2014 PA 299.

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.

______

Rep. Nesbitt 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 printed and placed upon the files of the members on Wednesday, March 11:

House Bill Nos. 4315 4316 4317 4318

Senate Bill Nos. 182 191 192 193 194 195

The Clerk announced that the following Senate bill had been received on Wednesday, March 11:

Senate Bill No. 52

Reports of Standing Committees

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

House Bill No. 4289, entitled

A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13g (MCL 38.1133g), as added by 2014 PA 185.

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 11, 2015

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

The Committee on Energy Policy, by Rep. Nesbitt, Chair, reported

House Resolution No. 21.

A resolution to memorialize the Congress of the United States to reinstate funding for the Yucca Mountain Nuclear Waste Repository.

(For text of resolution, see House Journal No. 19, p. 202.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Nesbitt, Glenn, LaFontaine, McBroom, Outman, Pettalia, Hughes, Barrett, Cole, Lucido, Maturen, Brett Roberts, Sheppard, Webber, LaVoy, Brunner, Dianda, Kivela, Kosowski, Byrd, Derek Miller and Plawecki

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 11, 2015

Present: Reps. Nesbitt, Glenn, Jacobsen, LaFontaine, McBroom, Outman, Pettalia, Hughes, Barrett, Cole, Lucido, Maturen, Brett Roberts, Sheppard, Webber, LaVoy, Brunner, Lane, Dianda, Kivela, Kosowski, Byrd, Garrett, Derek Miller and Plawecki

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

House Bill No. 4183, entitled

A bill to set forth the methods for local governments and other governmental entities to provide public notices; to prescribe the powers and duties of certain public entities; and to prescribe the duties of certain private entities.

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, Theis, Moss, Brunner and Rutledge

Nays: Reps. Runestad and Sheppard

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 11, 2015

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

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

House Bill No. 4054, entitled

A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending sections 2, 4, 16, 17, 43, and 48 (MCL 125.2302, 125.2304, 125.2316, 125.2317, 125.2343, and 125.2348), section 2 as amended by 2012 PA 588, sections 4, 16, and 17 as amended by 2006 PA 328, and section 43 as added by 1988 PA 337, and by adding sections 48b and 50.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: Rep. Courser

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 11, 2015

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 10, 2015

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. McBroom, Chair, of the Committee on Oversight and Ethics, was received and read:

Meeting held on: Tuesday, March 10, 2015

Present: Reps. McBroom, Howrylak, Graves, Theis, Robinson and Pagan

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 11, 2015

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

Absent: Reps. Muxlow and Banks

Excused: Reps. Muxlow and Banks

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, March 11, 2015

Present: Reps. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright, Talabi and Liberati

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 11, 2015

Present: Reps. Lyons, Leutheuser, Heise, Jacobsen, Kesto, Driskell, Irwin and Hoadley

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 11, 2015

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 11, 2015

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

Messages from the Senate

Senate Bill No. 52, entitled

A bill to amend 2008 PA 176, entitled “Veterans welcome home act,” by amending section 2 (MCL 35.1232).

The Senate has passed the bill.

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

Messages from the Governor

Date: March 10, 2015

Time: 4:10 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4110 (Public Act No. 5, I.E.), being

An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 147d, 201, and 236 (MCL 388.1611, 388.1611m, 388.1618, 388.1622a, 388.1622b, 388.1651a, 388.1651c, 388.1747c, 388.1747d, 388.1801, and 388.1836), sections 11, 11m, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended and section 147d as added by 2014 PA 196, and section 18 as amended by 2014 PA 476; and to repeal acts and parts of acts.

(Filed with the Secretary of State March 10, 2015, at 4:22 p.m.)

Date: March 10, 2015

Time: 4:12 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4112 (Public Act No. 6, I.E.), being

An act to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.

(Filed with the Secretary of State March 10, 2015, at 4:24 p.m.)

Introduction of Bills

Rep. Nesbitt introduced

House Bill No. 4319, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 669 (MCL 257.669), as amended by 2002 PA 534.

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

Rep. Nesbitt introduced

House Bill No. 4320, entitled

A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending section 57 (MCL 257.1857), as amended by 2006 PA 108.

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. 4321, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 25c to chapter IV.

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

Reps. Zemke, Faris, LaVoy, Geiss, Plawecki, Pagan and Rutledge introduced

House Bill No. 4322, entitled

A bill to amend 1965 PA 190, entitled “An act to provide for a system of uniformity of service for veterans,” by amending section 1 (MCL 35.61), as amended by 1997 PA 131.

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

Reps. Zemke, Chirkun, Faris, LaVoy, Geiss, Plawecki, Pagan and Rutledge introduced

House Bill No. 4323, entitled

A bill to amend 1899 PA 214, entitled “An act to provide relief outside of the soldiers’ home for honorably discharged indigent soldiers, sailors, marines, nurses and members of women’s auxiliaries and the indigent wives, widows and minor children of such indigent or deceased soldiers, sailors, marines, nurses and members of women’s auxiliaries, and to repeal certain acts and parts of acts,” (MCL 35.21 to 35.27) by adding section 1a.

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

Rep. Pettalia introduced

House Bill No. 4324, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 30107a.

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

Rep. Poleski introduced

House Bill No. 4325, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1219.

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

Rep. Poleski introduced

House Bill No. 4326, entitled

A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” by amending sections 2 and 4 (MCL 141.1542 and 141.1544).

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

Rep. Pscholka introduced

House Bill No. 4327, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1220.

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

Rep. Lyons introduced

House Bill No. 4328, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 102 (MCL 388.1702), as amended by 2013 PA 60.

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

Rep. Somerville introduced

House Bill No. 4329, entitled

A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” (MCL 141.1541 to 141.1575) by adding section 7a.

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

Rep. Kelly introduced

House Bill No. 4330, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 17a and 18 (MCL 388.1617a and 388.1618), as amended by 2014 PA 196.

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

Rep. Jacobsen introduced

House Bill No. 4331, entitled

A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 3, 4, and 7 (MCL 141.933, 141.934, and 141.937), as amended by 2012 PA 284.

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

Rep. Garcia introduced

House Bill No. 4332, entitled

A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 2012 PA 287.

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

Reps. Chatfield, Glenn and Farrington introduced

House Bill No. 4333, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 8 (MCL 207.808), as amended by 2009 PA 123.

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

Reps. Glenn, Farrington and Chatfield introduced

House Bill No. 4334, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 500 (MCL 208.1500), as amended by 2013 PA 233 and by adding section 402.

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

Reps. Glenn, Graves, Johnson, Chatfield, Rendon, Hooker, Kelly, Lauwers, Webber, Callton, Kesto, Franz and Santana introduced

House Bill No. 4335, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending sections 2, 4, 6a, and 25 (MCL 205.52, 205.54, 205.56a, and 205.75), sections 2 and 4 as amended by 2004 PA 173, section 6a as amended by 2013 PA 1, and section 25 as amended by 2012 PA 226, and by adding section 2c.

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

Rep. Glenn introduced

House Bill No. 4336, entitled

A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 5, 6, 8, 14, 22, 40, 53, 63, 122, 151, 152, 153, 154, and 155 (MCL 207.1002, 207.1003, 207.1005, 207.1006, 207.1008, 207.1014, 207.1022, 207.1040, 207.1053, 207.1063, 207.1122, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155), sections 2, 5, and 122 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268.

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

Rep. Glenn introduced

House Bill No. 4337, entitled

A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 1, 2, 2a, 4, 5, 6a, 8, 9, and 10 (MCL 207.211, 207.212, 207.212a, 207.214, 207.215, 207.216a, 207.218, 207.219, and 207.220), section 1 as amended by 2002 PA 667, sections 2 and 4 as amended by 2006 PA 346, section 2a as added by 1994 PA 353, section 5 as amended and section 6a as added by 1996 PA 584, and section 8 as amended by 2006 PA 449.

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

Rep. Forlini introduced

House Bill No. 4338, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 125, 127, and 131a (MCL 38.1425, 38.1427, and 38.1431a), sections 125 and 127 as added by 2010 PA 75 and section 131a as added by 2012 PA 300.

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

Announcements by the Clerk

March 6, 2015

Received from the Auditor General a copy of the following audit report and/or report summary:

Report on internal control, compliance, and other matters on our financial audit of the State of Michigan Comprehensive Annual Financial Report for the fiscal year ended September 30, 2014.

Gary L. Randall

Clerk of the House

______

Rep. Rendon moved that the House adjourn.

The motion prevailed, the time being 3:05 p.m.

The Speaker declared the House adjourned until Thursday, March 12, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

272 JOURNAL OF THE HOUSE [March 11, 2015] [No. 25

No. 25] [March 11, 2015] JOURNAL OF THE HOUSE 273

274 JOURNAL OF THE HOUSE [March 11, 2015] [No. 25

No. 25] [March 11, 2015] JOURNAL OF THE HOUSE 275

276 JOURNAL OF THE HOUSE [March 11, 2015] [No. 25

No. 25] [March 11, 2015] JOURNAL OF THE HOUSE 277

278 JOURNAL OF THE HOUSE [March 11, 2015] [No. 25

No. 25] [March 11, 2015] JOURNAL OF THE HOUSE 279

280 JOURNAL OF THE HOUSE [March 11, 2015] [No. 25

No. 25] [March 11, 2015] JOURNAL OF THE HOUSE 281

282 JOURNAL OF THE HOUSE [March 11, 2015] [No. 25

No. 25] [March 11, 2015] JOURNAL OF THE HOUSE 283

284 JOURNAL OF THE HOUSE [March 11, 2015] [No. 25