No. 95

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Tuesday, December 1, 2015.

1:30 p.m.

The House was called to order by Associate Speaker Pro Tempore Franz.

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

Afendoulis—present Garcia—present LaFontaine—present Price—present

Banks—present Garrett—present Lane—present Pscholka—present

Barrett—present Gay-Dagnogo—present Lauwers—present Rendon—present

Bizon—present Geiss—present LaVoy—present Roberts, B.—present

Brinks—present Glardon—present Leonard—present Roberts, S.—present

Brunner—present Glenn—present Leutheuser—present Robinson—present

Bumstead—present Goike—present Liberati—present Runestad—present

Byrd—present Graves—present Love—present Rutledge—present

Callton—present Greig—present Lucido—present Santana—present

Canfield—present Greimel—present Lyons—present Schor—present

Chang—present Guerra—present Maturen—present Sheppard—present

Chatfield—present Heise—present McBroom—present Singh—present

Chirkun—present Hoadley—present McCready—present Smiley—present

Clemente—present Hooker—present Miller, A.—present Somerville—present

Cochran—present Hovey-Wright—present Miller, D.—present Talabi—present

Cole—present Howrylak—present Moss—present Tedder—present

Cotter—present Hughes—present Muxlow—present Theis—present

Cox—present Iden—present Neeley—present Townsend—present

Crawford—present Inman—present Nesbitt—present Vaupel—present

Darany—present Irwin—present Outman—present VerHeulen—present

Dianda—present Jacobsen—present Pagan—present Victory—present

Driskell—present Jenkins—present Pagel—present Webber—present

Durhal—present Johnson—present Pettalia—present Wittenberg—present

Faris—present Kelly—present Phelps—present Yanez—present

Farrington—present Kesto—present Plawecki—present Yonker—present

Forlini—present Kivela—excused Poleski—present Zemke—present

Franz—present Kosowski—present Potvin—present

e/d/s = entered during session

Rabbi Jeffrey L. Falick, Humanistic Rabbi of The Birmingham Temple Congregation for Humanistic Judaism in Farmington Hills, offered the following invocation:

“The great teacher who bequeathed us the wisdom writings that we call Ecclesiastes was known to the ancient Israelites as Kohelet.

He wrote:

‘Tov shem mi-shemen tov, v’yom ha-mavet mi-yom hivaldo … A good name is better than precious oil and the day of one’s death is better than the day of birth.’

In this memorable verse, Kohelet reminds us that the most important thing about our lives is how we live them.

If we are generous, if we practice wisdom, if we work to further the welfare of our fellow human beings, we will make our names great.

And, he adds, should we manage to achieve even a small portion of this, then the celebration of the day of our birth will be as nothing when compared to the celebration of the many accomplishments that we will leave behind when we are gone.

Yet it was this same Kohelet who opened his writings by lamenting that ‘The people of long ago are not remembered, nor will there be any remembrance of people yet to come by those who come after them.’

How do we reconcile his cheery advice with this glum reminder that as individuals we are not so very important in the grand scheme of things?

I believe that Kohelet was reminding us to be humble. He was saying that even as we work to make a good name for ourselves and to strive for our lives to be celebrated for great accomplishments, we must remember that an individual can only complete so much on her or his own. The drive to leave behind important accomplishments and a good name must be guided by the humility that comes with accepting the reality that our individual achievements will some day be forgotten.

Yet this realization did not lead him - and must not lead us - to despair. For while it is true that few of us will be individually remembered in the centuries to come, what we do here today will have an impact. Thus we are taught that even as we strive to earn a good name and reputation, we do so with the proper humility.

Part of that humility comes from the recognition that we must engage in both cooperation and compromise. This is perhaps the most challenging aspect of public leadership. It is also the most important.

If what we set out to accomplish here today is to have lasting and positive impact on our future, we must work to achieve this together. Let us commit ourselves to remembering these truths that have come down to us from this ancient sage.”

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The Speaker assumed the Chair.

______

Rep. Singh moved that Rep. Kivela be excused from today’s session.

The motion prevailed.

Motions and Resolutions

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 189.

A resolution of tribute offered as a memorial for Clemens Bykowski, former member of the House of Representatives.

Whereas, It is with great sadness that the members of this legislative body learned of the passing of Clemens Bykowski. While he spent just a short time in the House of Representatives, his commitment to the service of his country, state, local community, and fellow citizens left a lasting impression on all of those who knew him; and

Whereas, Like many in his generation, Clemens Bykowski was called to serve his country in World War II, and he continued his life of service upon returning home to Michigan after the war. He was a well-respected Detroit police officer during difficult times for the city, only leaving the department after an injury compelled him to retire in 1975. Clemens Bykowski remained committed to improving his community and was elected to serve as a Wayne County Commissioner; and

Whereas, When his district needed to fill a vacancy in the House of Representatives in 1982, Clemens Bykowski was elected to complete the term. His colleagues greatly respected his willingness to take on such an immense responsibility, and the dedication he showed to public service during his time in this legislative body. While in office, he provided a strong voice for the people of his district in the Public Works, State Affairs, Tourist Industry Relations, and Interstate Cooperation committees; and

Whereas, Following his time in the House of Representatives, Clemens Bykowski continued to support veterans and others in his community. He was a member of many local organizations and was always available to share his wisdom and expertise with his neighbors; and

Whereas, Clemens Bykowski was an exemplary public servant and cared deeply about the well-being of people around him. Upon his passing, we offer our condolences to his family and friends. We hope that they may find comfort in the knowledge that the community as a whole shares in their bereavement, and that the legacy of Clemens Bykowski’s contributions will long continue to enrich our state; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Clemens Bykowski, a member of this legislative body during the 1982 legislative session; and be it further

Resolved, That copies of this resolution be transmitted to the Bykowski family as evidence of our lasting esteem for his memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

Reps. Glenn, Crawford, Faris, Heise, LaVoy and Schor offered the following resolution:

House Resolution No. 190.

A resolution to declare November 2015 as Adoption Awareness Month in the state of Michigan.

Whereas, Children thrive in loving families where they are nurtured, comforted, and protected; and

Whereas, Michigan recognizes the valuable contributions of individuals who travel the rewarding journey of adoption by providing love, guidance, and hope for children whose lives have been filled with change and uncertainty; and

Whereas, Michigan is committed to working as a partner with social service agencies, organizations in communities, and child advocates to help recruit and support adoptive families who make a difference in developing positive outcomes for our children; and

Whereas, Finding nurturing permanent homes for waiting children is an objective Michigan works toward throughout the year; and

Whereas, During Adoption Awareness Month, special efforts are made to instill a greater perception of the need for adoptive families; and

Whereas, Throughout November, communities across the nation observe National Adoption Month to raise awareness and encourage citizens to become involved in the lives of these youth as adoptive parents, volunteers, or mentors; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare November 2015 as Adoption Awareness Month in the state of Michigan. We urge all citizens of our state to observe this occasion and recognize the importance of adoption in order to honor those who provide children with a loving home.

The question being on the adoption of the resolution,

The resolution was adopted.

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The Speaker called the Speaker Pro Tempore to the Chair.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL 247.651j AND REQUIRES A RECORD ROLL CALL VOTE.

Rep. Poleski offered the following concurrent resolution:

House Concurrent Resolution No. 16.

A concurrent resolution to approve the release of money from the Roads Innovation Fund for deposit into the Michigan Transportation Fund, as provided by section 1j(5) of 1951 PA 51.

Whereas, Section 1j of 1951 PA 51, MCL 247.651j, creates a Roads Innovation Fund within the State Treasury into which the first $100,000,000.00, received and collected attributable to taxes imposed under section 8(1) of the motor fuel tax act, 2000 PA 403, MCL 207.1008, shall be annually deposited beginning in fiscal year 2016-2017; and

Whereas, Section 1j(5) of 1951 PA 51, MCL 247.651j(5), provides that the Department of Transportation shall expend money from the Roads Innovation Fund only after each house of the legislature approves a one-time concurrent resolution on a record roll call vote to release money in the fund. Once released by the one-time concurrent resolution, money in the Roads Innovation Fund shall be deposited in the Michigan Transportation Fund; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we approve the release of money from the Roads Innovation Fund, as provided by section 1j(5) of 1951 PA 51.

The concurrent resolution was referred to the Committee on Government Operations.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4173, entitled

A bill to amend 1993 PA 330, entitled “State real estate transfer tax act,” by amending sections 3 and 6 (MCL 207.523 and 207.526), as amended by 2008 PA 473.

(The bill was received from the Senate on November 10, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 94, p. 2031.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 433 Yeas—103

Afendoulis Franz LaFontaine Potvin

Banks Garcia Lane Price

Barrett Gay-Dagnogo Lauwers Pscholka

Bizon Geiss LaVoy Rendon

Brinks Glardon Leonard Roberts, B.

Brunner Glenn Leutheuser Runestad

Bumstead Goike Liberati Rutledge

Byrd Graves Love Santana

Callton Greig Lucido Schor

Canfield Greimel Lyons Sheppard

Chang Guerra Maturen Singh

Chatfield Heise McBroom Smiley

Chirkun Hoadley McCready Somerville

Clemente Hooker Miller, A. Talabi

Cochran Hovey-Wright Miller, D. Tedder

Cole Howrylak Moss Theis

Cotter Hughes Muxlow Townsend

Cox Iden Neeley Vaupel

Crawford Inman Nesbitt VerHeulen

Darany Irwin Outman Victory

Dianda Jacobsen Pagan Webber

Driskell Jenkins Pagel Wittenberg

Durhal Johnson Pettalia Yanez

Faris Kelly Phelps Yonker

Farrington Kesto Plawecki Zemke

Forlini Kosowski Poleski

Nays—3

Garrett Roberts, S. Robinson

In The Chair: Leonard

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Third Reading of Bills

House Bill No. 4983, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74116 (MCL 324.74116), as amended by 2013 PA 81.

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

Roll Call No. 434 Yeas—87

Banks Franz LaFontaine Rendon

Barrett Garcia Lane Roberts, B.

Bizon Gay-Dagnogo Lauwers Roberts, S.

Brinks Geiss LaVoy Robinson

Byrd Glardon Leonard Rutledge

Callton Glenn Leutheuser Santana

Canfield Goike Liberati Schor

Chang Graves Love Sheppard

Chatfield Greimel Lyons Smiley

Chirkun Guerra Maturen Somerville

Clemente Heise McCready Talabi

Cole Hooker Miller, D. Tedder

Cotter Hovey-Wright Moss Townsend

Cox Howrylak Muxlow Vaupel

Crawford Hughes Nesbitt VerHeulen

Darany Iden Outman Victory

Dianda Inman Pagel Webber

Driskell Jacobsen Pettalia Wittenberg

Durhal Jenkins Phelps Yanez

Faris Johnson Plawecki Yonker

Farrington Kesto Potvin Zemke

Forlini Kosowski Price

Nays—19

Afendoulis Greig McBroom Pscholka

Brunner Hoadley Miller, A. Runestad

Bumstead Irwin Neeley Singh

Cochran Kelly Pagan Theis

Garrett Lucido Poleski

In The Chair: Leonard

The House agreed to the title of the bill.

Rep. Garcia 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. 4645, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19.

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

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

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

The motion prevailed.

House Bill No. 4887, entitled

A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 9 (MCL 390.1479), as amended by 2007 PA 153.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5034, entitled

A bill to provide for fiduciary access to digital assets; and to provide for the powers and procedures of the court that has jurisdiction over these matters.

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

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

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

The motion prevailed.

House Bill No. 5028, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A.

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

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

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

The motion prevailed.

House Bill No. 5029, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A.

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

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

Rep. Kesto moved to amend the bill as follows:

1. Amend page 3, line 6, after the first “SERVICE” by striking out the comma and inserting “OR”.

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. 5030, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A.

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

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

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

The motion prevailed.

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

The motion prevailed.

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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 Senate bills had been received on Tuesday, November 10:

Senate Bill Nos. 13 368 517 518 519 520

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, November 12:

House Bill Nos. 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079

5080 5081

Senate Bill Nos. 608 609 610 611 612 613 614 615 616 617 618 619 620 621

622 623 624

The Clerk announced the enrollment printing and presentation to the Governor on Monday, November 16, for his approval of the following bills:

Enrolled House Bill No. 4836 at 2:42 p.m.

Enrolled House Bill No. 4904 at 2:44 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Monday, November 23, for his approval of the following bill:

Enrolled House Bill No. 4159 at 1:36 p.m.

The Clerk announced that the following Senate bills had been received on Tuesday, December 1:

Senate Bill Nos. 331 363

Reports of Standing Committees

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

Senate Bill No. 538, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2, 30, and 31 (MCL 567.222, 567.250, and 567.251), section 2 as amended by 2008 PA 208, section 30 as amended by 2012 PA 292, and section 31 as amended by 2013 PA 148, and by adding sections 4a and 31b.

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

Nays: None

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

House Resolution No. 184.

A resolution to urge the United States Senate to concur with the United States House of Representatives and repeal the country-of-origin labeling regulations.

(For text of resolution, see House Journal No. 93, p. 1992.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: Reps. Schor, Townsend, Byrd, Garrett, 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, December 1, 2015

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

The Committee on Judiciary, by Rep. Kesto, Chair, reported

House Bill No. 4795, entitled

A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols, other firearms, or pneumatic guns, ammunition for pistols or other firearms, or components of pistols or other firearms,” (MCL 123.1101 to 123.1105) by amending the title, as amended by 2015 PA 29, and by adding sections 4a, 4b, and 4c.

With the recommendation that the bill be referred to the Committee on Local Government.

Favorable Roll Call

To Report Out:

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

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Local Government.

The Committee on Judiciary, by Rep. Kesto, Chair, reported

House Bill No. 4980, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2014 PA 220.

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. Kesto, Lucido, Heise, Johnson, Cole, Runestad, Irwin, Chang and Guerra

Nays: Rep. Robinson

The Committee on Judiciary, by Rep. Kesto, Chair, reported

Senate Bill No. 176, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending the title and sections 20d, 212, 304, 319, 625k, 625l, and 732a (MCL 257.20d, 257.212, 257.304, 257.319, 257.625k, 257.625l, and 257.732a), the title as amended by 2013 PA 231, section 20d as added by 2008 PA 462, sections 212 and 319 as amended by 2015 PA 11, section 304 as amended by 2013 PA 226, sections 625k and 625l as amended by 2008 PA 461, and section 732a as amended by 2014 PA 250, and by adding section 625q.

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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Chang and Guerra

Nays: Reps. Irwin and Robinson

The Committee on Judiciary, by Rep. Kesto, Chair, reported

Senate Bill No. 357, entitled

A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2 and 10 (MCL 257.1302 and 257.1310), section 2 as amended by 1988 PA 254 and section 10 as amended by 2000 PA 366, and by adding sections 6a and 10a.

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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Chang and Guerra

Nays: Rep. Robinson

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 1, 2015

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, November 12, 2015

Present: Reps. Price, Garcia, Callton, Hooker, Yonker, Kelly, Tedder, Zemke, Santana, Schor, Chang and Greig

Absent: Reps. Lyons, McBroom, Somerville, Chatfield and Brinks

Excused: Reps. Lyons, McBroom, Somerville, Chatfield and Brinks

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, December 1, 2015

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

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, December 1, 2015

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

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, December 1, 2015

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

Absent: Rep. Howrylak

Excused: Rep. Howrylak

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, December 1, 2015

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

Absent: Rep. Iden

Messages from the Senate

House Bill No. 4059, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2012 PA 464.

The Senate has substituted (S-8) the bill.

The Senate has passed the bill as substituted (S-8), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 13, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 736c, 782b, 795c, 803, and 804 (MCL 168.736c, 168.782b, 168.795c, 168.803, and 168.804), section 736c as added by 2012 PA 128, section 795c as amended by 1990 PA 109, and section 803 as amended by 2004 PA 92.

The Senate has passed the bill.

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

Senate Bill No. 331, entitled

A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1, 2, and 4 (MCL 257.1351, 257.1352, and 257.1354) and by adding section 2a.

The Senate has passed the bill.

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

Senate Bill No. 363, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32505 (MCL 324.32505), as added by 1995 PA 59.

The Senate has passed the bill.

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

Senate Bill No. 368, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597.

The Senate has passed the bill.

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

Senate Bill No. 517, entitled

A bill to make uniform the laws relating to support enforcement; 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 Judiciary.

Senate Bill No. 518, entitled

A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending section 2 (MCL 552.502), as amended by 2009 PA 233.

The Senate has passed the bill.

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

Senate Bill No. 519, entitled

A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending section 3 (MCL 400.233), as amended by 2014 PA 381.

The Senate has passed the bill.

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

Senate Bill No. 520, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2014 PA 373.

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 5063.

Rep. Jacobsen

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 5064.

Rep. Jacobsen

Messages from the Governor

Date: November 12, 2015

Time: 9:22 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4286 (Public Act No. 184, I.E.), being

An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317.

(Filed with the Secretary of State November 12, 2015, at 12:29 p.m.)

Date: November 12, 2015

Time: 9:24 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4239 (Public Act No. 185, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 40111 (MCL 324.40111), as amended by 2015 PA 24.

(Filed with the Secretary of State November 12, 2015, at 12:31 p.m.)

Date: November 16, 2015

Time: 10:20 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4390 (Public Act No. 186, I.E.), being

An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 1278a (MCL 380.1278a), as amended by 2014 PA 293.

(Filed with the Secretary of State November 16, 2015, at 1:32 p.m.)

Date: November 16, 2015

Time: 10:08 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4039 (Public Act No. 190, I.E.), being

An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 78f and 78i (MCL 211.78f and 211.78i), section 78f as amended by 2003 PA 263 and section 78i as amended by 2006 PA 611, and by adding section 78s.

(Filed with the Secretary of State November 16, 2015, at 1:40 p.m.)

Date: November 16, 2015

Time: 10:10 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4134 (Public Act No. 191, I.E.), being

An act to amend 1965 PA 290, entitled “An act to regulate the use, construction, installation, and repair of certain boilers; to create a board of boiler rules; to prescribe uniform rules and regulations for certain boilers; to provide for the licensing of certain boiler inspectors, installers, and repairers and registration of certain boiler operators and stationary engineers; to provide for powers and duties for certain state agencies and officers; to provide fees for registrations, licenses, permits, inspections, and certificates; to provide penalties and remedies for the violation of this act; and to repeal acts and parts of acts,” by amending sections 2, 4, and 13d (MCL 408.752, 408.754, and 408.763d), sections 2 and 13d as amended by 2013 PA 167 and section 4 as amended by 2008 PA 159.

(Filed with the Secretary of State November 16, 2015, at 1:42 p.m.)

Date: November 16, 2015

Time: 10:12 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4195 (Public Act No. 192, I.E.), being

An act to amend 2003 PA 296, entitled “An act to promote investment in certain businesses; to promote economic development in this state; to provide for a Michigan early stage venture investment corporation; to prescribe the powers and duties of a Michigan early stage venture investment corporation; to prescribe the powers and duties of certain public officers and departments; to establish the Michigan early stage venture investment fund and other funds; to provide for tax credits and incentives; to authorize certain investments; to provide for the expiration of the fund; to provide or allow for appropriations; and to provide penalties and remedies,” by amending sections 7, 9, 11, 15, 17, 19, 21, 23, and 27 (MCL 125.2237, 125.2239, 125.2241, 125.2245, 125.2247, 125.2249, 125.2251, 125.2253, and 125.2257), section 15 as amended by 2005 PA 102 and sections 17, 19, and 23 as amended by 2007 PA 173.

(Filed with the Secretary of State November 16, 2015, at 1:44 p.m.)

Date: November 16, 2015

Time: 10:14 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4196 (Public Act No. 193, I.E.), being

(Filed with the Secretary of State November 16, 2015, at 1:46 p.m.)

Date: November 16, 2015

Time: 10:18 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4365 (Public Act No. 194, I.E.), being

An act to amend 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” by amending section 419 (MCL 208.1419).

(Filed with the Secretary of State November 16, 2015, at 1:48 p.m.)

Date: November 16, 2015

Time: 10:16 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4362 (Public Act No. 195, I.E.), being

An act to amend 1969 PA 317, entitled “An act to revise and consolidate the laws relating to worker’s disability compensation; to increase the administrative efficiency of the adjudicative processes of the worker’s compensation system; to improve the qualifications of the persons having adjudicative functions within the worker’s compensation system; to prescribe certain powers and duties; to create the board of worker’s compensation magistrates and the worker’s compensation appellate commission; to create certain other boards; to provide certain procedures for the resolution of claims, including mediation and arbitration; to prescribe certain benefits for persons suffering a personal injury under the act; to prescribe certain limitations on obtaining benefits under the act; to create, and provide for the transfer of, certain funds; to prescribe certain fees; to prescribe certain remedies and penalties; to repeal certain parts of this act on specific dates; and to repeal certain acts and parts of acts,” by amending section 611 (MCL 418.611), as amended by 1993 PA 198.

(Filed with the Secretary of State November 16, 2015, at 1:50 p.m.)

Date: November 16, 2015

Time: 10:22 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4562 (Public Act No. 196, I.E.), being

An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 24a.

(Filed with the Secretary of State November 16, 2015, at 1:52 p.m.)

Date: November 24, 2015

Time: 8:42 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4904 (Public Act No. 197, I.E.), being

An act to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 641, 646a, and 841 (MCL 168.641, 168.646a, and 841), by 2013 PA 253, and section 841 as amended by 1995 PA 261.

(Filed with the Secretary of State November 24, 2015, at 1:54 p.m.)

Date: November 24, 2015

Time: 8:40 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4836 (Public Act No. 198, I.E.), being

An act to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” by amending section 1204f (MCL 500.1204f), as added by 2006 PA 442, and by adding section 3908 and chapter 39A.

(Filed with the Secretary of State November 24, 2015, at 1:56 p.m.)

Date: November 30, 2015

Time: 12:58 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4159 (Public Act No. 206, I.E.), being

An act to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5o (MCL 28.425o), as amended by 2015 PA 16.

(Filed with the Secretary of State November 30, 2015, at 2:44 p.m.)

The following message from the Governor was received November 18, 2015 and read:

EXECUTIVE ORDER

No. 2015 - 15

EMPLOYMENT FIRST IN MICHIGAN

WHEREAS, Section 1 of Article V of the Michigan Constitution vests the executive power of the state of Michigan in the Governor; and

WHEREAS, the state of Michigan recognizes that an individual’s employment and work result in tangible and intangible benefits, including the enhancement of independence and economic self-sufficiency, as well as purpose, dignity, self-esteem, and a sense of accomplishment and pride; and

WHEREAS, an individual’s employment and work also promote inclusion in other community activities; and

WHEREAS, the state of Michigan recognizes that a diverse workforce enriches local communities and enhances economic development; and

WHEREAS, the state of Michigan recognizes that competitive employment within an integrated setting is the first priority and optimal outcome for persons with disabilities, regardless of level or type of disability; and

WHEREAS, the state of Michigan recognizes intermediate steps and services may be needed to assist persons with disabilities along the path to the optimal outcome or to honor the choices and goals of the individual; and

WHEREAS, the mission of Employment First in Michigan is to establish the expectation and promote opportunities for all working-age individuals with disabilities in Michigan to gain competitive employment within an integrated setting, with or without supports, and to engage businesses and organizations that value the contributions of employees with disabilities; and

WHEREAS, the state of Michigan will promote the dignity, self-esteem, and economic self-sufficiency of working-age individuals with disabilities by providing access to meaningful and productive paid employment;

NOW, THEREFORE, I, Brian Calley, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. IMPLEMENTATION OF EMPLOYMENT FIRST

A. All state departments and agencies that provide services and support to persons with disabilities, and all state departments and agencies that provide employment, economic development, or other related services, shall implement Employment First in Michigan by coordinating efforts and collaborating to ensure that state programs, policies, procedures, and funding support competitive employment within an integrated setting as the first priority and optimal outcome for persons with disabilities.

B. All state agencies shall, whenever feasible, share data and information across systems in order to track progress toward full implementation of this Order.

C. All state agencies are encouraged to adopt measurable goals and objectives to promote assessment of progress in implementing this Order.

D. Oversight for implementation of this Order shall be placed within the State Rehabilitation Council as established under Executive Order 2012-15, MCL 445.2033, and pursuant to the Rehabilitation Act of 1973, 29 U.S.C. § 701, et. seq.

E. Nothing in this Order shall be construed to limit or disallow any disability benefits to which a person with a disability who is unable to be employed as contemplated by this Order would otherwise be entitled.

F. Nothing in this Order should be construed to limit the ability of a person with a disability to select an employment option that they determine to be the best choice for themselves.

G. Nothing in this Order shall be construed to require any employer to give preference to hiring persons with disabilities.

H. Nothing in this Order shall be construed to grant any individual or entity a judicially enforceable right or cause of action.

I. If the terms of this Order are inconsistent with federal law or regulations governing interpretation, definitions, etc., an agency or department may modify its programs, policies, procedures, and funding support as necessary to comply with federal requirements.

J. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

II. DEFINITIONS

For purposes of the implementation of this Order, the following definitions apply:

A. “Employment First” is a national movement affirming the philosophy that competitive employment in an integrated setting is the first priority and optimal outcome in the provision of services for persons with disabilities.

B. “Employment” means a job available in the general workforce and in which the employee is included on the payroll of the business, industry, community rehabilitation organization or staffing agency, or is a self-employed business owner.

C. “Disability” means, with respect to an individual:

• A physical or mental impairment that substantially limits one or more major life activities of such individual;

• A record of such an impairment; or

• Being regarded as having such impairment.

D. “Integrated setting” means:

• With respect to the provision of services, means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals other than non-disabled individuals who are providing services to those applicants or eligible individuals; and

• With respect to an employment outcome, means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals, other than non-disabled individuals who are providing services to those applicants or eligible individuals, to the same extent that non-disabled individuals in comparable positions interact with other persons.

E. “Competitive employment” means:

• In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and

• For which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for that or similar work performed by individuals who are not disabled.

F. “Intermediate steps and services” may include, but are not limited to, facility-based programs, internships, and job training programs.

This Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 18th day of November, in the Year of our Lord Two Thousand Fifteen

BRIAN CALLEY

GOVERNOR - Acting

BY THE GOVERNOR:

RUTH A. JOHNSON

SECRETARY OF STATE

The message was referred to the Clerk.

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

November 6, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-073-LR (Secretary of State Filing #15-11-01) on this date at 3:42 P.M. for the Department of Licensing and Regulatory Affairs entitled “Nursing Homes and Nursing Care Facilities”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

November 6, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-074-LR (Secretary of State Filing #15-11-02) on this date at 3:42 P.M. for the Department of Licensing and Regulatory Affairs entitled “Minimum Standards for Hospitals”.

November 6, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-075-LR (Secretary of State Filing #15-11-03) on this date at 3:41 P.M. for the Department of Licensing and Regulatory Affairs entitled “Workers’ Compensation Health Care Services”.

November 6, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-076-IF (Secretary of State Filing #15-11-04) on this date at 3:42 P.M. for the Department of Insurance and Financial Services entitled, “Standards for Rate Filings for Physicians and Surgeons Professional Liability Insurance”.

November 6, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-051-IF (Secretary of State Filing #15-11-05) on this date at 3:42 P.M. for the Department of Insurance and Financial Services entitled, “Surplus Lines Insurance Fees”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

November 6, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-062-AC (Secretary of State Filing #15-11-06) on this date at 3:41 P.M. for the Department of Agriculture and Rural Development entitled, “Regulation No. 715. Seed Law Implementation”.

November 6, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-059-AC (Secretary of State Filing #15-11-07) on this date at 3:41 P.M. for the Department of Agriculture and Rural Development entitled, “Bodies of Dead Animals”.

November 6, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-071-HS (Secretary of State Filing #15-11-08) on this date at 3:42 P.M. for the Department of Health and Human Services entitled, “Cost-Shared Services”.

November 6, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-072-HS (Secretary of State Filing #15-11-09) on this date at 3:42 P.M. for the Department of Health and Human Services entitled, “Chronic Disease Prevention and Control Unit”.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

The following communication from the Department of Insurance and Financial Services was received and read:

November 19, 2015

*Notice – Depletion of Autism Fund*

The claims currently approved for payment are greater than the balance of the fund. We anticipate the fund will be fully depleted by next week. The approved claims are paid in the order they were received. Any unpaid claims will be paid in the order received if additional funds subsequently become available. We are sending a separate email notification to all of the companies that have submitted for reimbursements.

Penny Wright, Director

Financial & Administrative Services

Department of Insurance and Financial Services

Work: 517-284-8734

Cell: 517-896-8734

The communication was referred to the Clerk.

Introduction of Bills

Rep. Lucido introduced

House Bill No. 5082, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811ss.

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. 5083, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811tt.

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

Reps. Chirkun, Dianda, Derek Miller, Sarah Roberts, Plawecki, Lane, Faris, Talabi, Chang, Garrett, Neeley and Kosowski introduced

House Bill No. 5084, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43535 (MCL 324.43535), as amended by 2013 PA 108.

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

Reps. Sarah Roberts, Greig, Hovey-Wright, Lane, Faris, Smiley, Plawecki, Brinks, Singh, Townsend, Pagan, Irwin, Zemke, Wittenberg, Chang, Greimel, Guerra, Durhal and Moss introduced

House Bill No. 5085, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16220.

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

Reps. Bizon, Canfield, Hooker, Crawford, Theis, Chatfield, Sheppard, Glenn, Poleski, Lucido, LaFontaine, Barrett, Webber, Franz, Cox, Leutheuser, Johnson, Runestad, Rendon, Price, Kesto, Outman, Lyons, Yonker, Goike, Inman, Muxlow, Forlini, Somerville, Tedder, McBroom, Aaron Miller, Graves, Cole, McCready, Vaupel, Jenkins, Potvin, Heise and Glardon introduced

House Bill No. 5086, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2690 (MCL 333.2690).

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

Reps. Bizon, Canfield, Hooker, Crawford, Theis, Chatfield, Sheppard, Glenn, Poleski, Lucido, LaFontaine, Barrett, Webber, Franz, Cox, Leutheuser, Johnson, Runestad, Rendon, Price, Kesto, Outman, Lyons, Yonker, Goike, Inman, Muxlow, Forlini, Somerville, Tedder, McBroom, Aaron Miller, Graves, Cole, Vaupel, Jenkins, Potvin, Heise and Glardon introduced

House Bill No. 5087, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13k of chapter XVII (MCL 777.13k), as amended by 2012 PA 539.

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

Reps. Brinks, Yanez, Talabi, Darany, Driskell, LaVoy, Chang, Pagan, Cochran, Plawecki, Chirkun, Lane, Faris, Sarah Roberts, Townsend, Love, Hovey-Wright, Dianda, Schor, Derek Miller, Rutledge and Irwin introduced

House Bill No. 5088, entitled

A bill to create the office of the Michigan veterans’ facility ombudsman; and to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of military and veterans affairs.

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

Reps. Liberati, Chang, Sarah Roberts, Love, Wittenberg, Byrd, Gay-Dagnogo, Plawecki, Hoadley, Neeley, Robinson, Banks, Santana, Durhal, Moss, Talabi, Phelps, Chirkun, Brunner, Smiley, Cochran and Garrett introduced

House Bill No. 5089, entitled

A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” by amending section 21 (MCL 141.1561).

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

Reps. Canfield, Bizon, Vaupel, Callton, Inman, Kelly, Potvin, Lauwers, Leutheuser, LaFontaine, Jenkins and McCready introduced

House Bill No. 5090, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16147 and 21514.

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

Reps. Canfield, Bizon, Vaupel, Callton, Inman, Kelly, Potvin, Lauwers, Leutheuser, LaFontaine, Jenkins and McCready introduced

House Bill No. 5091, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2212d.

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

Reps. Talabi, Santana, Garrett, Rutledge, Geiss, Durhal, Banks, Chirkun, Smiley, Brunner, Brinks, Darany, Townsend, LaVoy, Dianda, Derek Miller, Hovey-Wright, Pagan, Byrd, Faris, Plawecki, Yanez, Liberati, Chang, Cochran, Hoadley, Singh, Driskell, McBroom, Aaron Miller, LaFontaine, Yonker, Runestad, Price, Crawford, Franz, Irwin, Rendon, Lucido, Kosowski, Love, Howrylak, Robinson, Clemente, Gay-Dagnogo, Lane, Schor, Moss, Zemke and Guerra introduced

House Bill No. 5092, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732b (MCL 257.732b), as added by 2014 PA 283.

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

Reps. Plawecki, Chang, Garrett, Neeley, Brunner, Rutledge, Derek Miller, Talabi, Chirkun, Brinks, Liberati, Hoadley, Cochran, Byrd, Robinson, Pagan, Geiss, Gay-Dagnogo, Banks, Darany, Sarah Roberts, Yanez, Irwin, Guerra, Wittenberg, Greig, Callton, Phelps, Love, LaVoy, Santana, Lucido, Moss, Townsend and Tedder introduced

House Bill No. 5093, entitled

A bill to prescribe the powers and duties of certain providers of water and sewerage service in this state; and to require providers of water and sewerage service in this state to file certain reports with the department of health and human services.

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

Reps. Neeley, Phelps, Talabi, Rutledge, Irwin, Derek Miller, Smiley, Guerra, Hoadley, Plawecki, Chirkun, Wittenberg, Yanez, Greig, Cochran, Gay-Dagnogo, Chang, Banks, Byrd, Schor, Moss, Geiss, Santana, Durhal, Love, Zemke, Callton, Hovey-Wright, Canfield and Tedder introduced

House Bill No. 5094, entitled

A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 7 (MCL 325.1007), as amended by 1998 PA 56.

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

Reps. Garrett, Chang, Plawecki, Neeley, Rutledge, Brunner, Faris, Byrd, Chirkun, Liberati, Brinks, Cochran, Robinson, Pagan, Pscholka, Banks, Geiss, Darany, Sarah Roberts, Yanez, Irwin, Hoadley, Wittenberg, Guerra, Greig, Callton, Phelps, Love, Santana, Lucido, Moss, Tedder and Zemke introduced

House Bill No. 5095, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16o and 16s of chapter XVII (MCL 777.16o and 777.16s), section 16o as amended by 2012 PA 169 and section 16s as amended by 2008 PA 414.

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

Reps. Chang, Garrett, Plawecki, Neeley, Brunner, Rutledge, Talabi, Chirkun, Liberati, Brinks, Cochran, Byrd, Robinson, Pagan, Pscholka, Banks, Geiss, Darany, Sarah Roberts, Yanez, Irwin, Hoadley, Wittenberg, Guerra, Callton, Phelps, Love, Santana, Lucido, Moss, Townsend, Tedder and Zemke introduced

House Bill No. 5096, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending the title and sections 282 and 383a (MCL 750.282 and 750.383a), the title as amended by 2010 PA 107, section 282 as amended by 1987 PA 32, and section 383a as amended by 2008 PA 413.

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

Reps. Chang, Garrett, Plawecki, Neeley, Rutledge, Brunner, Derek Miller, Talabi, Chirkun, Liberati, Brinks, Cochran, Byrd, Robinson, Pagan, Geiss, Gay-Dagnogo, Banks, Darany, Sarah Roberts, Yanez, Irwin, Hoadley, Wittenberg, Guerra, Greig, Callton, Phelps, Love, LaVoy, Santana, Lucido, Moss, Townsend and Tedder introduced

House Bill No. 5097, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding sections 14m, 14n, 14o, and 14p.

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

Reps. Vaupel, Sheppard, Jenkins and Bizon introduced

House Bill No. 5098, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5822.

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

Rep. Vaupel introduced

House Bill No. 5099, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 234 (MCL 257.234), as amended by 2002 PA 552.

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

Reps. Chang, Liberati, Sarah Roberts, Love, Wittenberg, Byrd, Gay-Dagnogo, Plawecki, Hoadley, Neeley, Robinson, Banks, Santana, Durhal, Moss, Talabi, Phelps, Chirkun, Brunner, Smiley, Cochran and Garrett introduced

House Bill No. 5100, entitled

A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” by amending section 23 (MCL 141.1563).

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

Reps. Plawecki, Chang, Garrett, Neeley, Geiss and Yanez introduced

House Bill No. 5101, entitled

A bill to require all state departments and agencies to establish certain water affordability criteria; and to prescribe the powers and duties of certain state and local governmental officers and entities.

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

Reps. Glenn, Cochran, Yanez, Greimel, LaVoy, Lucido and Cox introduced

House Bill No. 5102, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 3a and 4 (MCL 125.1503a and 125.1504), section 3a as amended by 2006 PA 192 and section 4 as amended by 2012 PA 504.

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

Reps. McCready, Graves, Glardon, Sheppard, Bizon, Kesto, Victory, Kelly, Canfield and LaFontaine introduced

House Bill No. 5103, entitled

A bill to prohibit aggressive solicitation; and to provide for remedies and penalties.

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

Reps. McCready, Graves, Glardon, Sheppard, Bizon, Kesto, Victory, Kelly, Canfield and LaFontaine introduced

House Bill No. 5104, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 167 (MCL 750.167), as amended by 2014 PA 199.

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

Rep. Pscholka introduced

House Bill No. 5105, entitled

A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending sections 3 and 7 (MCL 550.1733 and 550.1737), section 3 as amended by 2014 PA 162; and to repeal acts and parts of acts.

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

Announcements by the Clerk

November 23, 2015

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

Performance audit report on the Construction and Facilities Management Office, Department of Military and Veterans Affairs, November 2015.

November 25, 2015

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

Performance audit report on the Workers’ Compensation and Long Term Disability Programs for State of Michigan Employees, Office of the State Employer, Department of Technology, Management, and Budget, November 2015.

Gary L. Randall

Clerk of the House

______

Rep. Cox moved that the House adjourn.

The motion prevailed, the time being 4:10 p.m.

Associate Speaker Pro Tempore Franz declared the House adjourned until Wednesday, December 2, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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