No. 35
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2015
House Chamber, Lansing, Thursday, April 16, 2015.
12:00 Noon.
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—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
Rev. Nathan Dannison, Senior Minister of Kalamazoo First Congregational Church, UCC in Kalamazoo, offered the following invocation:
“Holy and Eternal God,
Your name we lift before all other names. You are the architect of creation, the spirit of new life, and the savior of all people.
Be present in these proceedings, and give to all those gathered here holy wisdom, that they might do first Your will in the world for the sake of Your kingdom of peace and justice.
Continue to weave our lives together into a single garment of destiny.
Loving God, our state is beset with grave challenges. The voices crying out from the margins are unheard. Your good creation is groaning beneath the weight of our human avarice. We have elected these people, Lord, because we believe their hearts are good, their vision noble, and their desires just. Empower them to bring us into a time of common good for the sake of all people.
For they cannot do it without Your help. Remind them that small decisions often have great consequences. Give them the courage to lead on behalf of our beloved state of Michigan. You made her beautiful, Lord, now make her strong.
These prayers we lift to You in Your Holy name,
Amen.”
Motions and Resolutions
Reps. Rutledge, Irwin, Phelps, Durhal, Guerra, Chirkun, Liberati, Byrd, Hovey-Wright, Geiss, Singh, Moss and Sarah Roberts offered the following resolution:
House Resolution No. 57.
A resolution to declare April 17, 2015, as a Day of Silence in the state of Michigan.
Whereas, the National Day of Silence is a day in which students take a vow of silence to bring attention to the anti- lesbian, gay, bisexual, and transgender name-calling, bullying, and harassment faced by individuals in schools; and
Whereas, The Gay, Lesbian and Straight Education Network designates the third Friday of every April as the National Day of Silence; and
Whereas, Hundreds of thousands of students at more than 8,000 schools have participated in the National Day of Silence in past years; and
Whereas, The Gay, Lesbian and Straight Education Network’s 2013 National School Climate Survey illustrates the pervasive harassment and victimization faced by lesbian, gay, bisexual, and transgender students by documenting their experiences within the preceding academic year; and
Whereas, Nearly 75 percent of lesbian, gay, bisexual, and transgender students reported being verbally harassed by their peers at school because of their sexual orientation and more than 55 percent because of their gender expression; and
Whereas, Over 36 percent of lesbian, gay, bisexual, and transgender students reported being physically harassed by their peers at school because of their sexual orientation and over 20 percent because of their gender expression; and
Whereas, Over 15 percent of lesbian, gay, bisexual, and transgender students reported being physically assaulted by their peers at school because of their sexual orientation and more than 10 percent because of their gender expression; and
Whereas, Nearly 60 percent of lesbian, gay, bisexual, and transgender students reported that they felt unsafe in school and nearly 30 percent reported missing at least one entire school day in the preceding month because of safety concerns; and
Whereas, Transgender students were more likely than all other students to report feeling unsafe at school because of their gender expression; and
Whereas, According to the National Transgender Discrimination Survey, those who expressed a transgender identity or gender nonconformity while in grades K through 12 reported alarming rates of harassment, physical assault, and sexual violence so severe that almost 15 percent of those surveyed had to leave school; and
Whereas, Student academic performance is affected such that lesbian, gay, bisexual, and transgender students who experienced high levels of verbal harassment because of their sexual orientation or gender expression report a grade point average nearly a half grade lower than those of lesbian, gay, bisexual, and transgender students who experienced low levels of such harassment; and
Whereas, The presence of supportive staff contributed to a range of positive indicators including fewer reports of missing school, fewer reports of feeling unsafe, greater academic achievement, higher educational aspirations, and a greater sense of school belonging; and
Whereas, A growing number of cities and local education authorities in the state of Michigan are adopting laws and policies to prohibit name-calling, bullying, harassment, and discrimination against students on the basis of their sexual orientation and gender identity or expression; and
Whereas, Every child should be guaranteed an education free from name-calling, bullying, harassment, and discrimination regardless of his or her sexual orientation and gender identity or expression; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 17, 2015, as a Day of Silence in the state of Michigan. We support the ideals of supports the goals and ideals of the National Day of Silence, request that the Governor issue a proclamation calling on the people of the United States to observe the National Day of Silence with appropriate ceremonies, programs, and activities, and encourage city and local education authorities in the state of Michigan to adopt laws and policies to prohibit name-calling, bullying, harassment, and discrimination against students, teachers, and other school staff regardless of their sexual orientation and gender identity or expression, so that the nation’s schools are institutions where all individuals are able to focus on learning.
The resolution was referred to the Committee on Education.
Rep. Franz offered the following resolution:
House Resolution No. 58.
A resolution to declare June 8, 2015, as Remember The USS Liberty Day in the state of Michigan.
Whereas, It is the actions of the brave that allow us to live free in this great democracy that we so treasure; and
Whereas, Veterans throughout our history have answered the clarion call to duty, defended America, and built this land of incomparable greatness for the generations to come; and
Whereas, No one has given more to our nation and to the cause of freedom than the men and women of the United States military, many of whom have made the ultimate sacrifice; and
Whereas, We remember and honor the men of the USS Liberty; and
Whereas, The USS Liberty, AGTR5, a US Navy intelligence gathering ship, was operating in international waters off the Sinai Peninsula on June 8, 1967; and
Whereas, The Six-Day War was in progress; and
Whereas, The USS Liberty was clearly marked and flying the American Flag when it was strafed and torpedoed with devastating consequence; and
Whereas, Those military and civilian personnel who suffered casualties, including 34 fatalities and 172 injured, will never be forgotten; and
Whereas, The commanding officer, Captain William McGonagle, and the valiant crew attempted to save the ship from total destruction while awaiting US Navy assistance; and
Whereas, On that day, the USS Liberty’s crew responded valiantly. Captain William McGonagle earned the Congressional Medal of Honor for extraordinary heroism and his ship received the Presidential Unit Citation; and
Whereas, We will remember the service of the crew of the USS Liberty, patriots united in their mission, patriots who embraced the cause of all who serve to make our world safe for democracy; and
Whereas, It is appropriate that we recognize all who are standing today at this very hour in harm’s way in the frontlines in defense of freedom, affording us all the opportunity to hold dear and fully enjoy our inalienable rights of life, liberty, and the pursuit of happiness; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare June 8, 2015, as Remember The USS Liberty Day in the state of Michigan.
The resolution was referred to the Committee on Military and Veterans Affairs.
Reps. Driskell, Howrylak and Sarah Roberts offered the following resolution:
House Resolution No. 59.
A resolution to declare April 9, 2015, as Robotics Day in the state of Michigan.
Whereas, Robotics has matured into an all-encompassing and enabling technology that, as a pillar of 21st-century innovation, is positioned to fuel a broad array of next generation products and applications, transform our society, and become as ubiquitous over the next several decades as desktop and mobile computing technology is today; and
Whereas, The emerging market for service robotics in various sectors, including healthcare, national defense, homeland security, energy, manufacturing, logistics, transportation, agriculture, education, consumer goods, and others, is expected to grow at a compound annual growth rate of nearly 20 percent over the next few years to become a worldwide $27 billion industry; and
Whereas, Robotics is a critical technology capable in the near term of contributing to the economic recovery by creating new jobs, increasing productivity, improving quality, and increasing worker safety, and equally capable over time of addressing the longer term labor and healthcare issues; and
Whereas, Robotics technology holds tremendous potential for reducing the cost of healthcare delivery, stimulating the discovery and development of new procedures and treatments for a wide variety of diseases and disorders, improving the standard and accessibility of care, providing individuals with disabilities, especially injured veterans, with greater independence and dignity, and enhancing overall patient health outcomes; and
Whereas, Robotics technology is proving essential to our national defense and homeland security by enabling the ongoing development and fielding of unmanned air, ground, and maritime systems that today help keep our nation’s war-fighters and protectors out of harm’s way and in the long run will serve as a highly effective force multiplier; and
Whereas, Robotics is a key transformative technology that can revolutionize manufacturing by enabling small and mid-sized companies to cost effectively combine highly skilled workers and highly adaptable, precise, and reliable equipment to create and make high value products in high-stakes industries; and
Whereas, Robotics is rapidly proving to be one of the most effective, compelling, and engaging means for teaching and reinforcing fundamental science, technology, engineering, and mathematics (STEM) concepts as well as inspiring youth to pursue STEM-related careers thereby helping to create a highly skilled, 21st-century American workforce; and
Whereas, America’s ability to maintain its leadership position and be both globally competitive and cooperative in a wide range of rapidly emerging markets is being currently challenged by other regions, including the European Union, Korea, and Japan, who have committed to making multi-billion dollar long-term investments in further developing and commercializing robotics technology; and
Whereas, There is a strong need to recognize America’s leadership in robotics technology, educate the public on robotics technology’s broad potential, growing importance, and future impact on society, underscore the need for increased investment in robotics technology research and development, and inspire youth to pursue careers in robotics and other STEM-related fields; and
Whereas, The second week in April each year is designated as National Robotics Week. This recognizes the accomplishments of Isaac Asimov, who immigrated to America, taught science, wrote science books for children and adults, was the first person to use the term robotics, developed the Three Laws of Robotics, and died in April 1992; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 9, 2015, as Robotics Day in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Third Reading of Bills
Senate Bill No. 12, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2013 PA 112.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 62 Yeas—82
Afendoulis Geiss Lauwers Potvin
Barrett Glardon Leonard Price
Bizon Glenn Leutheuser Pscholka
Brunner Goike Liberati Rendon
Bumstead Graves Love Roberts, B.
Byrd Guerra Lucido Roberts, S.
Callton Heise Lyons Runestad
Canfield Hooker Maturen Rutledge
Chang Hovey-Wright McBroom Santana
Chatfield Hughes McCready Sheppard
Clemente Iden Miller, A. Smiley
Cole Inman Miller, D. Somerville
Cotter Irwin Muxlow Tedder
Cox Jacobsen Nesbitt Theis
Crawford Jenkins Outman Vaupel
Darany Johnson Pagel VerHeulen
Dianda Kelly Pettalia Victory
Farrington Kesto Phelps Webber
Forlini Kivela Plawecki Yanez
Franz Kosowski Poleski Yonker
Garcia LaFontaine
Nays—28
Banks Durhal Hoadley Robinson
Brinks Faris Howrylak Schor
Chirkun Gamrat Lane Singh
Cochran Garrett LaVoy Talabi
Courser Gay-Dagnogo Moss Townsend
Dillon Greig Neeley Wittenberg
Driskell Greimel Pagan Zemke
In The Chair: Cotter
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for a state employees’ retirement system; to create a state employees’ retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; to prescribe and make appropriations for the retirement system; and to prescribe penalties and provide remedies,”
The House agreed to the full title.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4271, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 570a (MCL 168.570a).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 63 Yeas—93
Afendoulis Gamrat Kivela Poleski
Banks Garcia Kosowski Potvin
Barrett Garrett LaFontaine Price
Bizon Gay-Dagnogo Lauwers Pscholka
Brinks Geiss LaVoy Rendon
Bumstead Glardon Leonard Roberts, B.
Byrd Glenn Leutheuser Robinson
Callton Goike Liberati Runestad
Canfield Graves Love Rutledge
Chatfield Greimel Lucido Santana
Chirkun Guerra Lyons Schor
Clemente Heise Maturen Sheppard
Cole Hooker McBroom Smiley
Cotter Hovey-Wright McCready Somerville
Courser Hughes Miller, A. Talabi
Cox Iden Miller, D. Tedder
Crawford Inman Moss Theis
Dianda Irwin Neeley Vaupel
Dillon Jacobsen Nesbitt VerHeulen
Driskell Jenkins Outman Victory
Durhal Johnson Pettalia Webber
Farrington Kelly Phelps Yonker
Forlini Kesto Plawecki Zemke
Franz
Nays—17
Brunner Greig Muxlow Singh
Chang Hoadley Pagan Townsend
Cochran Howrylak Pagel Wittenberg
Darany Lane Roberts, S. Yanez
Faris
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. 4272, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 642 (MCL 168.642), as amended by 2013 PA 51.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 64 Yeas—93
Afendoulis Gamrat Kivela Poleski
Banks Garcia Kosowski Potvin
Barrett Garrett LaFontaine Price
Bizon Gay-Dagnogo Lauwers Pscholka
Brinks Geiss LaVoy Rendon
Bumstead Glardon Leonard Roberts, B.
Byrd Glenn Leutheuser Robinson
Callton Goike Liberati Runestad
Canfield Graves Love Rutledge
Chatfield Greimel Lucido Santana
Chirkun Guerra Lyons Schor
Clemente Heise Maturen Sheppard
Cole Hooker McBroom Smiley
Cotter Hovey-Wright McCready Somerville
Courser Hughes Miller, A. Talabi
Cox Iden Miller, D. Tedder
Crawford Inman Moss Theis
Dianda Irwin Neeley Vaupel
Dillon Jacobsen Nesbitt VerHeulen
Driskell Jenkins Outman Victory
Durhal Johnson Pettalia Webber
Farrington Kelly Phelps Yonker
Forlini Kesto Plawecki Zemke
Franz
Nays—17
Brunner Greig Muxlow Singh
Chang Hoadley Pagan Townsend
Cochran Howrylak Pagel Wittenberg
Darany Lane Roberts, S. Yanez
Faris
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. 4273, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2005 PA 71.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 65 Yeas—93
Afendoulis Gamrat Kivela Poleski
Banks Garcia Kosowski Potvin
Barrett Garrett LaFontaine Price
Bizon Gay-Dagnogo Lauwers Pscholka
Brinks Geiss LaVoy Rendon
Bumstead Glardon Leonard Roberts, B.
Byrd Glenn Leutheuser Robinson
Callton Goike Liberati Runestad
Canfield Graves Love Rutledge
Chatfield Greimel Lucido Santana
Chirkun Guerra Lyons Schor
Clemente Heise Maturen Sheppard
Cole Hooker McBroom Smiley
Cotter Hovey-Wright McCready Somerville
Courser Hughes Miller, A. Talabi
Cox Iden Miller, D. Tedder
Crawford Inman Moss Theis
Dianda Irwin Neeley Vaupel
Dillon Jacobsen Nesbitt VerHeulen
Driskell Jenkins Outman Victory
Durhal Johnson Pettalia Webber
Farrington Kelly Phelps Yonker
Forlini Kesto Plawecki Zemke
Franz
Nays—17
Brunner Greig Muxlow Singh
Chang Hoadley Pagan Townsend
Cochran Howrylak Pagel Wittenberg
Darany Lane Roberts, S. Yanez
Faris
In The Chair: Cotter
The question being on agreeing to the title of the bill,
Rep. Nesbitt moved to amend the title to read as follows:
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2015 PA 2.
The motion prevailed.
The House agreed to the title as amended.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4274, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 970e (MCL 168.970e), as added by 2012 PA 417.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 66 Yeas—93
Afendoulis Gamrat Kivela Poleski
Banks Garcia Kosowski Potvin
Barrett Garrett LaFontaine Price
Bizon Gay-Dagnogo Lauwers Pscholka
Brinks Geiss LaVoy Rendon
Bumstead Glardon Leonard Roberts, B.
Byrd Glenn Leutheuser Robinson
Callton Goike Liberati Runestad
Canfield Graves Love Rutledge
Chatfield Greimel Lucido Santana
Chirkun Guerra Lyons Schor
Clemente Heise Maturen Sheppard
Cole Hooker McBroom Smiley
Cotter Hovey-Wright McCready Somerville
Courser Hughes Miller, A. Talabi
Cox Iden Miller, D. Tedder
Crawford Inman Moss Theis
Dianda Irwin Neeley Vaupel
Dillon Jacobsen Nesbitt VerHeulen
Driskell Jenkins Outman Victory
Durhal Johnson Pettalia Webber
Farrington Kelly Phelps Yonker
Forlini Kesto Plawecki Zemke
Franz
Nays—17
Brunner Greig Muxlow Singh
Chang Hoadley Pagan Townsend
Cochran Howrylak Pagel Wittenberg
Darany Lane Roberts, S. Yanez
Faris
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker called the Speaker Pro Tempore to the Chair.
House Bill No. 4276, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 963 (MCL 168.963), as amended by 2012 PA 417.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 67 Yeas—93
Afendoulis Gamrat Kivela Poleski
Banks Garcia Kosowski Potvin
Barrett Garrett LaFontaine Price
Bizon Gay-Dagnogo Lauwers Pscholka
Brinks Geiss LaVoy Rendon
Bumstead Glardon Leonard Roberts, B.
Byrd Glenn Leutheuser Robinson
Callton Goike Liberati Runestad
Canfield Graves Love Rutledge
Chatfield Greimel Lucido Santana
Chirkun Guerra Lyons Schor
Clemente Heise Maturen Sheppard
Cole Hooker McBroom Smiley
Cotter Hovey-Wright McCready Somerville
Courser Hughes Miller, A. Talabi
Cox Iden Miller, D. Tedder
Crawford Inman Moss Theis
Dianda Irwin Neeley Vaupel
Dillon Jacobsen Nesbitt VerHeulen
Driskell Jenkins Outman Victory
Durhal Johnson Pettalia Webber
Farrington Kelly Phelps Yonker
Forlini Kesto Plawecki Zemke
Franz
Nays—17
Brunner Greig Muxlow Singh
Chang Hoadley Pagan Townsend
Cochran Howrylak Pagel Wittenberg
Darany Lane Roberts, S. Yanez
Faris
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.
______
The Speaker resumed the Chair.
House Bill No. 4385, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 322 (MCL 168.322), as amended by 2012 PA 276.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 68 Yeas—94
Afendoulis Gamrat Kosowski Potvin
Banks Garcia LaFontaine Price
Barrett Garrett Lauwers Pscholka
Bizon Gay-Dagnogo LaVoy Rendon
Brinks Geiss Leonard Roberts, B.
Bumstead Glardon Leutheuser Robinson
Byrd Glenn Liberati Runestad
Callton Goike Love Rutledge
Canfield Graves Lucido Santana
Chatfield Greimel Lyons Schor
Chirkun Guerra Maturen Sheppard
Clemente Heise McBroom Smiley
Cole Hooker McCready Somerville
Cotter Hovey-Wright Miller, A. Talabi
Courser Hughes Miller, D. Tedder
Cox Iden Moss Theis
Crawford Inman Neeley Townsend
Dianda Irwin Nesbitt Vaupel
Dillon Jacobsen Outman VerHeulen
Driskell Jenkins Pettalia Victory
Durhal Johnson Phelps Webber
Farrington Kelly Plawecki Yonker
Forlini Kesto Poleski Zemke
Franz Kivela
Nays—16
Brunner Faris Lane Roberts, S.
Chang Greig Muxlow Singh
Cochran Hoadley Pagan Wittenberg
Darany Howrylak Pagel Yanez
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Second Reading of Bills
House Bill No. 4244, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 73301 (MCL 324.73301), as amended by 2007 PA 174.
The bill was read a second time.
Rep. Pettalia moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4175, entitled
A bill to amend 1994 PA 351, entitled “Equine activity liability act,” by amending section 5 (MCL 691.1665).
The bill was read a second time.
Rep. Lauwers moved to amend the bill as follows:
1. Amend page 2, following line 14, 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. Johnson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4168, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 42a (MCL 211.42a), as amended by 2012 PA 461.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Singh 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
Reports of Standing Committees
The Committee on Insurance, by Rep. Leonard, Chair, reported
House Bill No. 4354, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2108 and 2406 (MCL 500.2108 and 500.2406), section 2406 as amended by 1993 PA 200.
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. Leonard, Theis, Franz, Goike, Glardon, LaFontaine, Lyons, Barrett, Runestad, Vaupel, Webber, Cochran, Banks, Clemente, Kosowski, Derek Miller and Wittenberg
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Leonard, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, April 16, 2015
Present: Reps. Leonard, Theis, Franz, Goike, Glardon, LaFontaine, Lyons, Barrett, Runestad, Vaupel, Webber, Cochran, Banks, Clemente, Kosowski, Derek Miller and Wittenberg
The Committee on Appropriations, by Rep. Pscholka, Chair, reported
House Bill No. 4442, entitled
A bill to amend 1986 PA 102, entitled “An act to establish a grant program for certain part-time, independent students in this state; and to prescribe the powers and duties of certain state agencies and institutions of higher education,” by amending sections 1, 2, 3, 4, 5, 6, 7, and 8 (MCL 390.1281, 390.1282, 390.1283, 390.1284, 390.1285, 390.1286, 390.1287, and 390.1288), section 3 as amended by 2004 PA 180.
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. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Inman, Aaron Miller, Santana, Singh and Zemke
Nays: Reps. Gamrat, Dillon, Sarah Roberts and Banks
The Committee on Appropriations, by Rep. Pscholka, Chair, reported
House Bill No. 4444, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100c, 100d, 134, 135, 136, 137, 138, 139, 143, 143a, 148, 149, and 149b (MCL 330.1100c, 330.1100d, 330.1134, 330.1135, 330.1136, 330.1137, 330.1138, 330.1139, 330.1143, 330.1143a, 330.1148, 330.1149, and 330.1149b), sections 100c and 100d as amended by 2014 PA 200, sections 134, 136, 143, 143a, 148, 149, and 149b as amended by 1994 PA 137, sections 135 and 139 as amended by 1995 PA 290, section 137 as amended by 2004 PA 259, and section 138 as amended by 2006 PA 207.
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. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Gamrat, Inman, Aaron Miller and Yanez
Nays: Reps. Santana, Dillon, Irwin, Sarah Roberts, Banks and Hoadley
The Committee on Appropriations, by Rep. Pscholka, Chair, reported
House Bill No. 4448, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 30104, 30104b, 30109, 32312, and 32513 (MCL 324.30104, 324.30104b, 324.30109, 324.32312, and 324.32513), sections 30104 and 32513 as amended by 2013 PA 98, section 30104b as amended by 2010 PA 179, and sections 30109 and 32312 as amended by 2011 PA 90.
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. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Gamrat, Inman, Aaron Miller, Santana, Dillon, Irwin, Sarah Roberts, Banks, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan
Nays: None
The Committee on Appropriations, by Rep. Pscholka, Chair, reported
House Bill No. 4449, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5522 (MCL 324.5522), as amended by 2011 PA 164.
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. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Inman, Aaron Miller, Santana, Dillon, Irwin, Sarah Roberts, Banks, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan
Nays: Rep. Gamrat
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Pscholka, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, April 16, 2015
Present: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Gamrat, Inman, Aaron Miller, Santana, Dillon, Irwin, Sarah Roberts, Banks, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan
The Committee on Military and Veterans Affairs, by Rep. Barrett, Chair, reported
House Resolution No. 29.
A resolution to memorialize the Congress of the United States to require the U.S. Department of Defense to ensure that replacement aircraft are assigned to Selfridge Air National Guard Base to compensate for the proposed elimination of the A-10 fleet.
(For text of resolution, see House Journal No. 23, p. 255.)
With the recommendation that the resolution be adopted.
Favorable Roll Call
To Report Out:
Yeas: Reps. Barrett, Hughes, Hooker, Outman, Courser, Glenn, Rutledge, Talabi and Faris
Nays: None
The Committee on Military and Veterans Affairs, by Rep. Barrett, Chair, reported
House Concurrent Resolution No. 3.
A concurrent resolution to urge the U.S. Department of Defense Missile Defense Agency to select the Fort Custer Training Center as the location for a new ground based interceptor ballistic missile defense mission.
(For text of concurrent resolution, see House Journal No. 20, p. 220.)
With the recommendation that the following substitute (H-2) be adopted and that the concurrent resolution then be adopted.
Substitute for House Concurrent Resolution No. 3.
A concurrent resolution to urge the U.S. Department of Defense Missile Defense Agency to select the Fort Custer Training Center as the location for a new ground based interceptor ballistic missile defense mission.
Whereas, The Fort Custer Training Center is one of four sites being considered for a new ground based interceptor ballistic missile defense mission. Fort Custer is a 7,500 acre Michigan National Guard installation that supports all branches of the Armed Services as well as law enforcement agencies and Federal partners. The training center and the nearby Air National Guard Base are integral to the economy of Southwest Michigan providing more than $22 million in total wages and salaries and $26 million in gross regional product. The community surrounding the Fort Custer Training Center embraces the soldiers and their families, supporting their missions and realizing how important their duties are to our nation; and
Whereas, The Fort Custer Training Center is nationally recognized by the Department of Defense for its superior environmental stewardship, having won numerous environmental and energy awards from the Department of the Army; and the selection of the ground based interceptor ballistic missile defense mission will rely heavily on the Installation’s ability to support the mission and protect the environment; therefore Fort Custer’s respect for the environment makes it a logical choice for the site selection; and
Whereas, The final site selection must be based upon the Installation’s ability to support the mission of the ground based interceptor ballistic missile defense mission, but the cost to U.S. taxpayers to complete that mission should be important in the site selection process for the U.S. Department of Defense Missile Defense Agency. Fort Custer can support the mission and will provide the best value for U.S. taxpayers; and
Whereas, The selection of the training center as the location for a new ground based interceptor ballistic missile defense mission would have significant economic impact on the region. An estimated $700 million in new construction and 2,100 new direct and associated jobs could be realized in the Calhoun and Kalamazoo counties if the defense system were built here. An analysis prepared by the W.E. Upjohn Institute for Employment Research advises the project would have a $3.2 billion economic impact on the region’s economy; and
Whereas, The ground based interceptor ballistic missile defense system is the key defense tool protecting our state and nation from ballistic missile attacks. The placement of the ballistic missile defense system in Battle Creek will take full advantage of Fort Custer’s strategic location and security. Michigan is prepared to support the construction and operation of the new missile defense system, as well as the military personnel who will maintain it; now, therefore, be it
Resolved by the House of Representatives, (the Senate concurring), That we urge the U.S. Department of Defense, Missile Defense Agency to select the Fort Custer Training Center as the location for a new ground based interceptor ballistic missile defense mission; and be it further
Resolved, That copies of this resolution be transmitted to the United States Missile Defense Agency, the United States Secretary of Defense, and the members of the Michigan congressional delegation.
Favorable Roll Call
To Report Out:
Yeas: Reps. Barrett, Hughes, Hooker, Outman, Courser, Glenn, Rutledge, Talabi and Faris
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Barrett, Chair, of the Committee on Military and Veterans Affairs, was received and read:
Meeting held on: Thursday, April 16, 2015
Present: Reps. Barrett, Hughes, Hooker, Outman, Courser, Glenn, Rutledge, Talabi and Faris
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Price, Chair, of the Committee on Education, was received and read:
Meeting held on: Thursday, April 16, 2015
Present: Reps. Price, Garcia, Callton, Hooker, McBroom, Somerville, Yonker, Kelly, Chatfield, Courser, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Johnson, Chair, of the Committee on Workforce and Talent Development, was received and read:
Meeting held on: Thursday, April 16, 2015
Present: Reps. Johnson, Tedder, Price, Lauwers, Crawford, Iden, Brett Roberts, Brinks, Geiss, Greig and Liberati
Absent: Reps. Farrington, Townsend and Love
Excused: Reps. Farrington, Townsend and Love
Introduction of Bills
Rep. Heise introduced
House Bill No. 4463, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 37 of chapter XVII (MCL 777.37), as amended by 2002 PA 137.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Rep. Lyons introduced
House Bill No. 4464, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4g (MCL 205.54g), as amended by 2013 PA 211.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Lyons introduced
House Bill No. 4465, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4d (MCL 205.94d), as amended by 2008 PA 439.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Chang, Gay-Dagnogo, Geiss, Irwin, Love, Hovey-Wright, Guerra, Santana, Banks and Garrett introduced
House Bill No. 4466, entitled
A bill to amend 1968 PA 319, entitled “An act to provide a uniform crime reporting system; to provide for the submitting of such report to the department of state police; to require submission of the report by certain police agencies; to require the reporting on wanted persons and stolen vehicles; to require the reporting of information regarding certain persons and unidentified bodies of deceased persons; to prescribe certain powers and duties of law enforcement agencies; and to vest the director of the department of state police with certain authority,” by amending section 1 (MCL 28.251).
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Rep. Bumstead introduced
House Bill No. 4467, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 20i (MCL 791.220i), as amended by 2012 PA 599.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. VerHeulen, Yonker, Victory, Hooker, Dillon, Afendoulis, Lyons and Brinks introduced
House Bill No. 4468, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” (MCL 259.1 to 259.208) by amending the title, as amended by 2002 PA 90, and by adding chapter VIIA.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Pagan, Irwin, Sarah Roberts, Chang, Hoadley, Plawecki and Liberati introduced
House Bill No. 4469, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11514 (MCL 324.11514), as amended by 2008 PA 394, and by adding section 11131.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Reps. Hoadley, Jenkins, Victory, Pagel, Canfield and Singh introduced
House Bill No. 4470, entitled
A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 2111, 2125, 4111, and 4113 (MCL 289.2111, 289.2125, 289.4111, and 289.4113), section 2111 as amended by 2007 PA 113, sections 2125 and 4111 as amended by 2012 PA 178, and section 4113 as amended by 2007 PA 114.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Townsend, Derek Miller, Irwin, Hoadley, LaVoy, Schor, Hovey-Wright and Driskell introduced
House Bill No. 4471, entitled
A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 10 (MCL 207.810), as amended by 2009 PA 125, and by adding section 11.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Townsend, Derek Miller, Irwin, Hoadley, LaVoy, Schor, Hovey-Wright and Driskell introduced
House Bill No. 4472, 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. Townsend, Derek Miller, Irwin, Hoadley, LaVoy, Schor, Hovey-Wright and Driskell introduced
House Bill No. 4473, 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. Schor, Townsend, LaVoy, Irwin, Dillon and Driskell introduced
House Bill No. 4474, 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. LaVoy, Townsend, Byrd, Schor, Dillon, Brinks, Faris, Glenn, Greimel, Kivela, Howrylak and Driskell introduced
House Bill No. 4475, 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.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
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, April 16:
House Bill Nos. 4448 4449 4450 4451 4452 4453 4454 4455 4456 4457 4458 4459 4460 4461
4462
Senate Bill Nos. 265 266 267 268 269 270
The Clerk announced that the following Senate bills had been received on Thursday, April 16:
Senate Bill Nos. 99 169 170 221 232 233 248 249
Messages from the Senate
Senate Bill No. 99, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 89a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Senate Bill No. 169, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278e.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 170, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278d.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 221, entitled
A bill to provide for the reciprocal exchange of distance education between this state and other states or a higher education compact; to prescribe the powers and duties of certain state agencies and officials; to provide for collection of fees; to designate the state agency for negotiating distance education agreements; to establish a complaint process for students enrolled in distance education programs at participating colleges and universities; to establish an authorization and approval process for out-of-state distance education providers and participating colleges and universities in this state; to provide penalties; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 232, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2013 PA 234.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 233, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2013 PA 160.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 248, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending the title and sections 2109, 3101, 3104, 3107, 3107a, 3114, 3135, 3157, 3163, 3301, 3330, and 4501 (MCL 500.2109, 500.3101, 500.3104, 500.3107, 500.3107a, 500.3114, 500.3135, 500.3157, 500.3163, 500.3301, 500.3330, and 500.4501), the title as amended by 2002 PA 304, section 3101 as amended by 2014 PA 492, section 3104 as amended by 2002 PA 662, section 3107 as amended by 2012 PA 542, section 3107a as amended by 1991 PA 191, section 3114 as amended by 2002 PA 38, section 3135 as amended by 2012 PA 158, section 3163 as amended by 2002 PA 697, section 3330 as amended by 2012 PA 204, and section 4501 as amended by 2012 PA 39, and by adding sections 3107c and 3178a and chapter 63.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Insurance.
Senate Bill No. 249, entitled
A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 25a (MCL 552.625a), as amended by 2009 PA 193.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Insurance.
Senate Concurrent Resolution No. 5.
A concurrent resolution to request the United States Congress to enact legislation and the U.S. Department of Health and Human Services to promulgate rules that would promote the opportunity for consumers to choose Direct Primary Care Services as an integral part of their health care plan.
Whereas, Direct Primary Care Services (DPCS) provides patients with low-cost access to primary care services that promote preventative care; and
Whereas, Access to preventative care provided by primary care service providers has been demonstrated to reduce hospitalization, improve health outcomes for consumers, and lower the premiums for catastrophic insurance plans; and
Whereas, Gaps in health care services provided by DPCS can be filled with wraparound insurance plans at a much lower cost than traditional insurance plans inclusive of primary care services; and
Whereas, Section 10104 of the Affordable Care Act (ACA) allows for Direct Primary Care Medical Home Plans; and
Whereas, Section 1301 of the ACA requires a Qualified Health Plan; and
Whereas, Section 1302 of the ACA requires health coverage that meets the minimum essential benefit requirements in order to avoid tax penalties from the Internal Revenue Service; and
Whereas, DPCS used in concert with wraparound insurance plans provides a means of satisfying the requirements of the ACA in a manner that lowers the cost of health care, expands access to care, and improves the quality of care received; and
Whereas, The current federal tax code treats direct care membership as a form of insurance, inhibiting individuals from opening Health Savings Accounts if they are also enrolled in a high-deductible insurance plan; and
Whereas, Current law allows direct primary care practices to be treated as medical home services if the practices meet certain requirements. The U.S. Department of Health and Human Services is responsible for setting these requirements, but has not yet done so; and
Whereas, Current law features balanced billing limitations that require physicians to drop out of Medicare for two years if they accept direct payment from Medicare beneficiaries; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we request the United States Congress to enact legislation reforming the federal tax code to allow direct primary care payment for services through tax-deferred or tax-exempt accounts, such as Health Savings Accounts; and be it further
Resolved, That we request the United States Congress to enact legislation and the U.S. Department of Health and Human Services to promulgate rules that explicitly allow medical home services to include direct primary care arrangements; and be it further
Resolved, That we request the United States Congress to enact legislation and the U.S. Department of Health and Human Services to promulgate rules that allow Medicare patients to pay doctors directly outside of the traditional Medicare program; and be it further
Resolved, That we request the United States Congress to enact legislation and the U.S. Department of Health and Human Services to promulgate rules that encourage states to enable Medicaid patients to pay doctors directly for routine medical services; and be it further
Resolved, That copies of this resolution be transmitted to the Secretary of the U.S. Department of Health and Human Services, 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 Senate has adopted the concurrent resolution.
Rep. Howrylak was named co‑sponsor of the concurrent resolution.
The concurrent resolution was referred to the Committee on Health Policy.
______
Rep. Outman moved that the House adjourn.
The motion prevailed, the time being 3:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, April 21, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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