No. 99
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2015
House Chamber, Lansing, Wednesday, December 9, 2015.
1:30 p.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present 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—excused 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—present Poleski—present Zemke—present
Franz—present Kosowski—present Potvin—present
e/d/s = entered during session
Pastor David M. Doran, Jr., Pastor of Resurrection Church in Lincoln Park, offered the following invocation:
“Father in Heaven, I pray now in the name of the Lord Jesus Christ-crucified for sinners, buried, risen from the dead as Lord of all and coming again to hold all men accountable. Only in Christ’s purity and sacrifice can we stand. I pray for our governing authorities here and across the land–I know that they exist and have their authority by Your design. There are many who would rebel and wreak havoc on the land these men and women oversee–please thwart the plans of evil and help these men and women govern in peace. Please give these servant-leaders the courage to uphold what is good and right and to punish what is evil. Please give them the courage to stand for the good and not merely the expedient, to defend the oppressed, and prosecute the oppressor. Please fill our land with respect and honor for our governing authorities and an over arching peace that makes way for loving and serving You, our God, and our neighbors. Let us have no debt except the continuing debt to love each other–love does no harm to our neighbor whether black or white, male or female, Muslim or Christian, born or yet unborn… and love is the fulfillment of Your Law. We can only truly love if we turn to Christ and live by the power of His Spirit–Please let love be the law of our land and the rule of this government. Amen.”
______
Rep. Garcia moved that Rep. Muxlow be excused from today’s session.
The motion prevailed.
Third Reading of Bills
House Bill No. 5017, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending the title and sections 102, 103, 202, 214, 304, 305, 342, 345, 353, 355, 357, 401, 408, 409, 423, 431, and 432 (MCL 490.102, 490.103, 490.202, 490.214, 490.304, 490.305, 490.342, 490.345, 490.353, 490.355, 490.357, 490.401, 490.408, 490.409, 490.423, 490.431, and 490.432), sections 102, 214, 304, 342, 345, 357, 401, and 423 as amended by 2004 PA 471.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 460 Yeas—104
Afendoulis Franz Kivela Price
Banks Garcia Kosowski Pscholka
Barrett Garrett LaFontaine Rendon
Bizon Gay-Dagnogo Lane Roberts, B.
Brinks Geiss Lauwers Roberts, S.
Brunner Glardon LaVoy Robinson
Bumstead Glenn Leonard Runestad
Byrd Goike Liberati Rutledge
Callton Graves Love Santana
Canfield Greig Lucido Schor
Chang Greimel Lyons Sheppard
Chatfield Guerra Maturen Singh
Chirkun Heise McBroom Smiley
Clemente Hoadley McCready Somerville
Cochran Hooker Miller, D. Talabi
Cole Hovey-Wright Moss Tedder
Cotter Howrylak Neeley Theis
Cox Hughes Nesbitt Townsend
Crawford Iden Outman Vaupel
Darany Inman Pagan VerHeulen
Dianda Irwin Pagel Victory
Driskell Jacobsen Pettalia Webber
Durhal Jenkins Phelps Wittenberg
Faris Johnson Plawecki Yanez
Farrington Kelly Poleski Yonker
Forlini Kesto Potvin Zemke
Nays—2
Leutheuser Miller, A.
In The Chair: Cotter
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.
______
The Speaker called the Speaker Pro Tempore to the Chair.
House Bill No. 5018, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending sections 201, 210, 221, 303, 306, and 341 (MCL 490.201, 490.210, 490.221, 490.303, 490.306, and 490.341), sections 201 and 341 as amended by 2004 PA 471.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 461 Yeas—105
Afendoulis Garcia Kosowski Price
Banks Garrett LaFontaine Pscholka
Barrett Gay-Dagnogo Lane Rendon
Bizon Geiss Lauwers Roberts, B.
Brinks Glardon LaVoy Roberts, S.
Brunner Glenn Leonard Robinson
Bumstead Goike Leutheuser Runestad
Byrd Graves Liberati Rutledge
Callton Greig Love Santana
Canfield Greimel Lucido Schor
Chang Guerra Lyons Sheppard
Chatfield Heise Maturen Singh
Chirkun Hoadley McBroom Smiley
Clemente Hooker McCready Somerville
Cochran Hovey-Wright Miller, D. Talabi
Cole Howrylak Moss Tedder
Cotter Hughes Neeley Theis
Cox Iden Nesbitt Townsend
Crawford Inman Outman Vaupel
Darany Irwin Pagan VerHeulen
Dianda Jacobsen Pagel Victory
Driskell Jenkins Pettalia Webber
Durhal Johnson Phelps Wittenberg
Faris Kelly Plawecki Yanez
Farrington Kesto Poleski Yonker
Forlini Kivela Potvin Zemke
Franz
Nays—1
Miller, A.
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.
House Bill No. 5019, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 407 (MCL 490.407), as amended by 2004 PA 471.
Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 462 Yeas—89
Afendoulis Franz Kosowski Poleski
Banks Garcia LaFontaine Potvin
Barrett Garrett Lane Pscholka
Bizon Gay-Dagnogo Lauwers Rendon
Brinks Geiss Leonard Roberts, B.
Brunner Glardon Liberati Roberts, S.
Byrd Glenn Love Robinson
Callton Goike Lucido Rutledge
Canfield Graves Lyons Santana
Chang Greig Maturen Schor
Chatfield Greimel McBroom Singh
Chirkun Guerra McCready Smiley
Clemente Heise Miller, D. Somerville
Cochran Hoadley Moss Talabi
Cole Hooker Neeley Theis
Cotter Hovey-Wright Nesbitt Townsend
Cox Howrylak Outman VerHeulen
Crawford Hughes Pagan Victory
Darany Iden Pagel Webber
Dianda Jenkins Pettalia Wittenberg
Faris Johnson Phelps Yanez
Farrington Kivela Plawecki Yonker
Forlini
Nays—17
Bumstead Jacobsen Leutheuser Sheppard
Driskell Kelly Miller, A. Tedder
Durhal Kesto Price Vaupel
Inman LaVoy Runestad Zemke
Irwin
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.
House Bill No. 5020, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 207 (MCL 490.207).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 463 Yeas—105
Afendoulis Garcia Kosowski Price
Banks Garrett LaFontaine Pscholka
Barrett Gay-Dagnogo Lane Rendon
Bizon Geiss Lauwers Roberts, B.
Brinks Glardon LaVoy Roberts, S.
Brunner Glenn Leonard Robinson
Bumstead Goike Leutheuser Runestad
Byrd Graves Liberati Rutledge
Callton Greig Love Santana
Canfield Greimel Lucido Schor
Chang Guerra Lyons Sheppard
Chatfield Heise Maturen Singh
Chirkun Hoadley McBroom Smiley
Clemente Hooker McCready Somerville
Cochran Hovey-Wright Miller, D. Talabi
Cole Howrylak Moss Tedder
Cotter Hughes Neeley Theis
Cox Iden Nesbitt Townsend
Crawford Inman Outman Vaupel
Darany Irwin Pagan VerHeulen
Dianda Jacobsen Pagel Victory
Driskell Jenkins Pettalia Webber
Durhal Johnson Phelps Wittenberg
Faris Kelly Plawecki Yanez
Farrington Kesto Poleski Yonker
Forlini Kivela Potvin Zemke
Franz
Nays—1
Miller, A.
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.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Franz to the Chair.
House Bill No. 5021, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 371 (MCL 490.371), as amended by 2004 PA 471.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 464 Yeas—105
Afendoulis Garcia Kosowski Price
Banks Garrett LaFontaine Pscholka
Barrett Gay-Dagnogo Lane Rendon
Bizon Geiss Lauwers Roberts, B.
Brinks Glardon LaVoy Roberts, S.
Brunner Glenn Leonard Robinson
Bumstead Goike Leutheuser Runestad
Byrd Graves Liberati Rutledge
Callton Greig Love Santana
Canfield Greimel Lucido Schor
Chang Guerra Lyons Sheppard
Chatfield Heise Maturen Singh
Chirkun Hoadley McBroom Smiley
Clemente Hooker McCready Somerville
Cochran Hovey-Wright Miller, D. Talabi
Cole Howrylak Moss Tedder
Cotter Hughes Neeley Theis
Cox Iden Nesbitt Townsend
Crawford Inman Outman Vaupel
Darany Irwin Pagan VerHeulen
Dianda Jacobsen Pagel Victory
Driskell Jenkins Pettalia Webber
Durhal Johnson Phelps Wittenberg
Faris Kelly Plawecki Yanez
Farrington Kesto Poleski Yonker
Forlini Kivela Potvin Zemke
Franz
Nays—1
Miller, A.
In The Chair: Franz
The House agreed to the title of the bill.
Rep. Yonker moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Speaker Pro Tempore resumed the Chair.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, December 8, for his approval of the following bills:
Enrolled House Bill No. 4173 at 1:50 p.m.
Enrolled House Bill No. 4248 at 1:52 p.m.
Enrolled House Bill No. 4249 at 1:54 p.m.
Enrolled House Bill No. 4250 at 1:56 p.m.
Enrolled House Bill No. 4501 at 1:58 p.m.
Enrolled House Bill No. 4709 at 2:00 p.m.
Enrolled House Bill No. 4710 at 2:02 p.m.
Enrolled House Bill No. 4711 at 2:04 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, December 9:
House Bill Nos. 5121 5122 5123 5124 5125 5126 5127
Senate Bill Nos. 642 643 644 645
The Clerk announced that the following Senate bills had been received on Wednesday, December 9:
Senate Bill Nos. 105 187 234 508 509 581 592 638
Reports of Standing Committees
The Committee on Elections, by Rep. Lyons, Chair, reported
Senate Bill No. 110, entitled
A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” by amending section 9 (MCL 45.559), as amended by 2003 PA 281.
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. Lyons, Leutheuser, Heise, Jacobsen and Kesto
Nays: Reps. Driskell, Irwin and Hoadley
The Committee on Elections, by Rep. Lyons, Chair, reported
Senate Bill No. 571, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 6, and 55 (MCL 169.203, 169.206, and 169.255), section 3 as amended by 2012 PA 273 and sections 6 and 55 as amended by 2013 PA 252.
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. Lyons, Leutheuser, Heise, Jacobsen, Kesto, Driskell, Irwin and Hoadley
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lyons, Chair, of the Committee on Elections, was received and read:
Meeting held on: Wednesday, December 9, 2015
Present: Reps. Lyons, Leutheuser, Heise, Jacobsen, Kesto, Driskell, Irwin and Hoadley
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
Senate Bill No. 616, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 12 (MCL 205.62), as amended by 2008 PA 438, and by adding section 4ee.
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. Farrington, Maturen, Yonker, Iden, Webber, Clemente, LaVoy and Byrd
Nays: Reps. Somerville, Howrylak, Chatfield, Glenn and Townsend
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
Senate Bill No. 617, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14b (MCL 205.104b), as amended by 2008 PA 439, and by adding section 4cc.
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. Farrington, Maturen, Yonker, Iden, Webber, Clemente, LaVoy and Byrd
Nays: Reps. Somerville, Howrylak, Chatfield, Glenn and Townsend
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
Senate Bill No. 618, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9p.
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. Farrington, Maturen, Yonker, Webber, Clemente, LaVoy and Byrd
Nays: Reps. Somerville, Howrylak, Chatfield, Glenn and Townsend
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Farrington, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, December 9, 2015
Present: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd
The Committee on Local Government, by Rep. Chatfield, Chair, reported
Senate Bill No. 303, entitled
A bill to amend 1937 PA 215, entitled “An act to authorize municipalities to own or control cemetery or burial grounds; to provide for perpetual care and maintenance; to provide for endowment and perpetual care funds; and to permit municipalities to authorize the creation of joint cemetery associations,” by amending section 1 (MCL 128.1), as amended by 1980 PA 366.
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. Chatfield, Price, Heise, Runestad, Sheppard, Theis, Moss, Brunner, Rutledge and Neeley
Nays: None
The Committee on Local Government, by Rep. Chatfield, Chair, reported
Senate Bill No. 394, entitled
A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending sections 1, 125, and 126 (MCL 125.401, 125.525, and 125.526), sections 1 and 126 as amended by 2008 PA 408.
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. Chatfield, Price, Heise, Runestad, Sheppard, Theis, Moss, Rutledge and Neeley
Nays: Rep. Brunner
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Chatfield, Chair, of the Committee on Local Government, was received and read:
Meeting held on: Wednesday, December 9, 2015
Present: Reps. Chatfield, Price, Heise, Runestad, Sheppard, Theis, Moss, Brunner, Rutledge and Neeley
Absent: Rep. Maturen
Excused: Rep. Maturen
The Committee on Regulatory Reform, by Rep. Franz, Chair, reported
House Bill No. 5001, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17959 (MCL 333.17959), as amended by 2010 PA 304.
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. Franz, Brett Roberts, Yonker, Kesto, Lauwers, Crawford, Garcia, Iden, Tedder, Dianda, Darany, Schor, Chirkun and Moss
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Franz, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Wednesday, December 9, 2015
Present: Reps. Franz, Brett Roberts, Yonker, Kesto, Lauwers, Crawford, Garcia, Iden, Tedder, Dianda, Darany, Schor, Chirkun and Moss
Absent: Rep. Lane
Excused: Rep. Lane
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Pscholka, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, December 9, 2015
Present: Reps. Pscholka, Bumstead, Jenkins, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Garcia, Inman, Aaron Miller, Santana, Irwin, Faris, Singh, Yanez, Zemke, Hoadley and Pagan
Absent: Reps. Muxlow, Sarah Roberts, Banks and Durhal
Excused: Reps. Muxlow, Sarah Roberts, Banks and Durhal
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hooker, Chair, of the Committee on Families, Children, and Seniors, was received and read:
Meeting held on: Wednesday, December 9, 2015
Present: Reps. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright, Talabi and Liberati
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Rendon, Chair, of the Committee on Tourism and Outdoor Recreation, was received and read:
Meeting held on: Wednesday, December 9, 2015
Present: Reps. Rendon, Goike, Forlini, Pettalia, Cole, Smiley, Brinks and Gay-Dagnogo
Messages from the Senate
House Bill No. 4594, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 166b (MCL 388.1766b), as amended by 2012 PA 130.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4843, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2012 PA 183.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4790, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2015 PA 85.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 6 (MCL 388.1606), as amended by 2015 PA 139.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 105, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2015 PA 175, and by adding sections 11g and 11h.
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. 187, entitled
A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 12, 13, 14, 15, 16, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a, 432.108, 432.109, 432.110, 432.111b, 432.112, 432.113, 432.114, 432.115, 432.116, and 432.119), sections 2 and 9 as amended by 2008 PA 401, sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and 11b as amended by 2006 PA 427, sections 4, 13, 14, 15, and 16 as amended by 1999 PA 108, and section 19 as amended by 1995 PA 263, and by adding article 2; to designate sections 1 to 20 as article 1; 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 Regulatory Reform.
Senate Bill No. 234, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 651, 653, 655, and 657 (MCL 206.651, 206.653, 206.655, and 206.657), section 651 as amended by 2011 PA 171, section 653 as amended by 2011 PA 183, and sections 655 and 657 as added by 2011 PA 38.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Financial Services.
Senate Bill No. 508, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145e.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Senate Bill No. 509, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145f.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Senate Bill No. 581, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending sections 5, 5a, 5b, 7, 8, 33, and 34 (MCL 28.725, 28.725a, 28.725b, 28.727, 28.728, 28.733, and 28.734), sections 5 and 5b as amended by 2011 PA 17, section 5a as amended by 2013 PA 149, section 7 as amended by 2011 PA 18, section 8 as amended by 2013 PA 2, section 33 as added by 2005 PA 127, and section 34 as amended by 2005 PA 322.
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. 592, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 10205 (MCL 333.10205), as added by 1999 PA 62.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 638, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 5, 9, 11, 33, 35, 54, and 55 (MCL 169.203, 169.205, 169.209, 169.211, 169.233, 169.235, 169.254, and 169.255), sections 3, 11, and 35 as amended by 2012 PA 273, section 5 as amended by 1999 PA 237, section 9 as amended by 2012 PA 275, sections 33 and 55 as amended by 2013 PA 252, and section 54 as amended by 1995 PA 264, and by adding section 24b.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Elections.
Introduction of Bills
Reps. Rendon, LaFontaine, Cole, Johnson, Potvin, Graves, Goike, Jenkins, Pettalia and McBroom introduced
House Bill No. 5128, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2015 PA 20.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Rep. Pettalia introduced
House Bill No. 5129, entitled
A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657), as amended by 2014 PA 317.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Zemke, Kelly, Faris, Potvin, Townsend, Dianda, Rutledge, Geiss, Aaron Miller, Plawecki, Neeley, Chang, McBroom, Hooker, Sheppard, Sarah Roberts, Durhal, Wittenberg and Love introduced
House Bill No. 5130, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 2a and 10 (MCL 125.1502a and 125.1510), as amended by 2013 PA 125.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Rep. Farrington introduced
House Bill No. 5131, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 22, 26, 703, and 711 (MCL 206.22, 206.26, 206.703, and 206.711), section 22 as amended by 2003 PA 51, section 26 as amended by 2011 PA 38, section 703 as amended by 2014 PA 295, and section 711 as amended by 2011 PA 193.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Farrington introduced
House Bill No. 5132, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 21a; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Byrd introduced
House Bill No. 5133, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 13a; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Banks, Gay-Dagnogo, Callton, Hovey-Wright, Byrd, Robinson, Cochran, Talabi, Geiss, Lane, Liberati, Rutledge, Chang, Garrett, Guerra, Durhal, Kosowski, Schor, Moss, Phelps, Love, Neeley, Greimel and Derek Miller introduced
House Bill No. 5134, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending the title and sections 3109, 3142, 3157, 3301, 3330, and 4501 (MCL 500.3109, 500.3142, 500.3157, 500.3301, 500.3330, and 500.4501), the title as amended by 2002 PA 304, section 3109 as amended by 2012 PA 454, section 3330 as amended by 2012 PA 204, and section 4501 as amended by 2012 PA 39, and by adding section 3181 and chapter 63.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Banks, Gay-Dagnogo, Callton, Hovey-Wright, Byrd, Robinson, Cochran, Talabi, Geiss, Lane, Liberati, Rutledge, Chang, Garrett, Guerra, Durhal, Kosowski, Schor, Moss, Phelps, Love, Neeley, Greimel and Derek Miller introduced
House Bill No. 5135, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 640.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Pagan introduced
House Bill No. 5136, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2003 PA 299.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Pagan, Heise, Love and Sarah Roberts introduced
House Bill No. 5137, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 7a.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Rep. Pettalia introduced
House Bill No. 5138, entitled
A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as added by 2010 PA 331.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Pettalia introduced
House Bill No. 5139, entitled
A bill to amend 1846 RS 65, entitled “Of alienation by deed, and the proof and recording of conveyances, and the canceling of mortgages,” by amending section 49 (MCL 565.49).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Pettalia introduced
House Bill No. 5140, 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.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Pettalia introduced
House Bill No. 5141, 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.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Franz to the Chair.
______
Rep. Singh moved that Rep. Rendon be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5022, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 411 (MCL 490.411).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 465 Yeas—104
Afendoulis Franz Kivela Potvin
Banks Garcia Kosowski Price
Barrett Garrett LaFontaine Pscholka
Bizon Gay-Dagnogo Lane Roberts, B.
Brinks Geiss Lauwers Roberts, S.
Brunner Glardon LaVoy Robinson
Bumstead Glenn Leonard Runestad
Byrd Goike Leutheuser Rutledge
Callton Graves Liberati Santana
Canfield Greig Love Schor
Chang Greimel Lucido Sheppard
Chatfield Guerra Lyons Singh
Chirkun Heise Maturen Smiley
Clemente Hoadley McBroom Somerville
Cochran Hooker McCready Talabi
Cole Hovey-Wright Miller, D. Tedder
Cotter Howrylak Moss Theis
Cox Hughes Neeley Townsend
Crawford Iden Nesbitt Vaupel
Darany Inman Outman VerHeulen
Dianda Irwin Pagan Victory
Driskell Jacobsen Pagel Webber
Durhal Jenkins Pettalia Wittenberg
Faris Johnson Phelps Yanez
Farrington Kelly Plawecki Yonker
Forlini Kesto Poleski Zemke
Nays—1
Miller, A.
In The Chair: Franz
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 Pro Tempore resumed the Chair.
Second Reading of Bills
House Bill No. 4686, entitled
A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2a (MCL 691.1402a), as amended by 2012 PA 50.
The bill was read a second time.
Rep. Moss moved to amend the bill as follows:
1. Amend page 2, line 24, after “OBVIOUS.” by inserting “HOWEVER, WHETHER A CONDITION IS OPEN AND OBVIOUS MAY BE CONSIDERED BY THE TRIER OF FACT ONLY IN ASSESSING THE DEGREE OF COMPARATIVE FAULT UNDER SECTION 2959 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.2959, IF ANY, AND SHALL NOT BE CONSIDERED WITH RESPECT TO ANY OTHER ISSUE OF LAW OR FACT, INCLUDING DUTY.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Santana moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 552, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101 and 3122 (MCL 324.3101 and 324.3122), section 3101 as amended by 2006 PA 97 and section 3122 as amended by 2015 PA 82.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Appropriations,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4292, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 19 of chapter XVI (MCL 776.19).
The bill was read a second time.
Rep. Cochran moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4187, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 377d.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Criminal Justice,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Durhal moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Commerce and Trade,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 177, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1301, 1311, 1312, 1315, 1325, 1333, 1341, 1343, 1351, 1355, and 1371 (MCL 500.1301, 500.1311, 500.1312, 500.1315, 500.1325, 500.1333, 500.1341, 500.1343, 500.1351, 500.1355, and 500.1371), sections 1301, 1312, 1315, 1351, and 1371 as amended by 1992 PA 182, section 1311 as amended by 2010 PA 61, section 1325 as amended by 1994 PA 227, section 1341 as amended by 1994 PA 443, and section 1343 as amended by 1995 PA 219, and by adding sections 1325a and 1357.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Insurance,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Leonard moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Wittenberg moved to amend the bill as follows:
1. Amend page 30, line 22, after “than” by striking out “2” and inserting “5”.
2. Amend page 31, line 1, after “than” by striking out “2” and inserting “5”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 178, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 17.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 500, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 44 (MCL 421.44), as amended by 2011 PA 269.
The bill was read a second time.
Rep. Greig moved to amend the bill as follows:
1. Amend page 4, line 25, after “EXCEEDS” by striking out “$2,500,000,000.00” and inserting “AN AMOUNT NECESSARY TO OBTAIN AN AVERAGE HIGH COST MULTIPLE OF 1, CALCULATED AS DESCRIBED IN 20 CFR 606.3,”.
2. Amend page 4, line 26, after “ABOVE” by striking out “$2,500,000,000.00” and inserting “THAT AMOUNT”.
The question being on the adoption of the amendments offered by Rep. Greig,
Rep. Greig demanded the yeas and nays.
The demand was not supported.
The question being on the adoption of the amendments offered by Rep. Greig,
The amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4724, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 758 and 759 (MCL 168.758 and 168.759), section 758 as amended by 1996 PA 207 and section 759 as amended by 2012 PA 523, and by adding section 761b.
The bill was read a second time.
Rep. Howrylak moved to amend the bill as follows:
1. Amend page 11, line 12, by striking out all of section 761B.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Cox moved to amend the bill as follows:
1. Amend page 11, following line 27, by inserting:
“Enacting section 2. If any portion of this amendatory act or the application of this amendatory act to any person or circumstances is found invalid by a court, it is the intent of the legislature that the provisions of this amendatory act are nonseverable and that the remainder of the amendatory act shall be invalid, inoperable, and without effect.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Lyons moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Elections,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Howrylak moved to amend the bill as follows:
1. Amend page 4, line 15, after “Sec. 795c.” by striking out “(1)”.
2. Amend page 5, line 1, by striking out all of subsections (2) and (3).
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Moss moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4779 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Driskell moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4805 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Dianda moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4807 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Wittenberg moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4816 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Garrett moved to amend the bill as follows:
1. Amend page 8, following line 11, by inserting:
“Enacting section 1. This amendatory act takes effect January 1, 2017.” and renumbering the remaining enacting section.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Yanez moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4053 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Pagan moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4799 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Guerra moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4350 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Hoadley moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4802 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Zemke moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5114 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Irwin moved to amend the bill as follows:
1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:
“SEC. 720A. AT ANY POLLING PLACE ON ELECTION DAY, AN ELECTOR WHO IS 60 YEARS OF AGE OR OLDER SHALL BE PERMITTED TO GO TO THE FRONT OF THE VOTING LINE.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Irwin moved to amend the bill as follows:
1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:
“SEC. 720A. AT ANY POLLING PLACE ON ELECTION DAY, AN ELECTOR WHO IS AN INDIVIDUAL WITH A DISABILITY SHALL BE PERMITTED TO GO TO THE FRONT OF THE VOTING LINE.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Derek Miller moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:
(a) House Bill No. 4927.
(b) House Bill No. 4928.
(c) House Bill No. 4929.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Moss moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4800 of the 98th Legislature is enacted into law.
Enacting section 2. This amendatory act does not take effect unless House Joint Resolution AA of the 98th Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Banks moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 60 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Singh moved to amend the bill as follows:
1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:
“Sec. 697. At the general November election, the names of the several PARTISAN offices to be voted for SHALL BE PLACED ON THE BALLOT FOLLOWING THE NAMES OF THE SEVERAL NONPARTISAN OFFICES LISTED IN SECTION 699 AND shall be placed on the ballot substantially in the following order in the years in which elections for such THOSE offices are held: Electors of president and vice-president VICE PRESIDENT of the United States; governor and lieutenant governor; secretary of state; attorney general; United States senator; representative in congress; senator and representative in the state legislature; members of the state board of education; regents of the university UNIVERSITY of Michigan; trustees of Michigan state university; STATE UNIVERSITY; governors of Wayne state university; STATE UNIVERSITY; county executive; prosecuting attorney; sheriff; clerk; treasurer; register of deeds; auditor in counties electing an auditor; mine inspector in counties electing a mine inspector; county road commissioners; drain commissioners; coroners; and surveyor. The following township officers shall be placed on the same ballot as above described in substantially the following order in the year in which elections for such THOSE offices are held: supervisor, clerk, treasurer, trustees, and constables.
Sec. 699. At any regular election, the names of the several nonpartisan offices to be voted for SHALL BE PLACED ON THE BALLOT BEFORE THE NAMES OF THE SEVERAL PARTISAN OFFICES LISTED IN SECTION 697 AND shall be placed on a separate portion of the ballot containing no party designation in the following order: justices of the supreme court, judges of the court of appeals, judges of the circuit court, judges of the probate court, judges of the district court, community college board of trustees member, intermediate school district board member, city officers, the following village officers in substantially the following order in the year in which elections for the offices are held: president, clerk, treasurer, and trustees, and in a year in which an election for the office is held, local school district board member, metropolitan district officer, and district library board member.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Hoadley moved to amend the bill as follows:
1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:
“Sec. 697. At the general November election, the names of the several offices to be voted for shall be placed on the ballot WITHOUT ANY PARTISAN IDENTIFICATION substantially in the following order in the years in which elections for such THOSE offices are held: Electors of president and vice-president VICE PRESIDENT of the United States; governor and lieutenant governor; secretary of state; attorney general; United States senator; representative in congress; senator and representative in the state legislature; members of the state board of education; regents of the university UNIVERSITY of Michigan; trustees of Michigan state university; STATE UNIVERSITY; governors of Wayne state university; STATE UNIVERSITY; county executive; prosecuting attorney; sheriff; clerk; treasurer; register of deeds; auditor in counties electing an auditor; mine inspector in counties electing a mine inspector; county road commissioners; drain commissioners; coroners; and surveyor. The following township officers shall be placed on the same ballot as above described in substantially the following order in the year in which elections for such THOSE offices are held: supervisor, clerk, treasurer, trustees, and constables.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Irwin moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4131 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Sarah Roberts moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4288 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Darany moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4179 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Faris moved to amend the bill as follows:
1. Amend page 5, line 1, after “(2)” by striking out the balance of the line through the second “TO” on line 2 and inserting “THE DEPARTMENT OF STATE SHALL”.
2. Amend page 5, line 17, by striking out all of subsection (3).
The question being on the adoption of the amendments offered by Rep. Faris,
Rep. Faris demanded the yeas and nays.
The demand was not supported.
The question being on the adoption of the amendments offered by Rep. Faris,
The amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Darany moved to amend the bill as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4029 of the 98th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. McCready moved to amend the bill as follows:
1. Amend page 5, line 1, by striking out all of subsection (2) and renumbering the remaining subsection.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Nesbitt moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 466 Yeas—54
Afendoulis Glenn Lauwers Price
Barrett Goike Leonard Pscholka
Bumstead Graves Leutheuser Roberts, B.
Callton Heise Lucido Runestad
Canfield Hooker Lyons Sheppard
Chatfield Hughes Maturen Somerville
Cole Iden McBroom Tedder
Cotter Inman McCready Theis
Cox Jacobsen Miller, A. Vaupel
Crawford Jenkins Nesbitt VerHeulen
Farrington Johnson Outman Victory
Forlini Kelly Pettalia Webber
Franz Kesto Poleski Yonker
Garcia LaFontaine
Nays—51
Banks Faris Kosowski Roberts, S.
Bizon Garrett Lane Robinson
Brinks Gay-Dagnogo LaVoy Rutledge
Brunner Geiss Liberati Santana
Byrd Glardon Love Schor
Chang Greig Miller, D. Singh
Chirkun Greimel Moss Smiley
Clemente Guerra Neeley Talabi
Cochran Hoadley Pagan Townsend
Darany Hovey-Wright Pagel Wittenberg
Dianda Howrylak Phelps Yanez
Driskell Irwin Plawecki Zemke
Durhal Kivela Potvin
In The Chair: Leonard
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“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,”
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.
Reps. Gay-Dagnogo, Dianda, Hovey-Wright, Garrett, Cochran, Chirkun, Yanez, Liberati, Greig, Derek Miller, Byrd, Talabi, Brinks, Guerra, Singh, Brunner, Wittenberg, Durhal, Smiley, Townsend, Darany, Geiss, Neeley and Lane, having reserved the right to explain their protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on Senate Bill 0013 because it is unnecessary and impractical. It is a solution in search of a problem.
While I support reform of our election laws to further the rights of Michigan citizens to exercise their right to vote, and I support reforms that would make voting more accessible and easier, Senate Bill 13 actually impedes, suppresses, and reduces the right and ability to vote. Senate Bill 13 violates the United States Constitution and the Voting Rights Act.
Straight ticket voting is an option that has been exercised by over 100 million voters in this state, of both political parties, consistently and without complaint or problem, for over a century. Forty to fifty-five percent of voters use it each time they vote-tens of thousands of voters each election. It saves money, and it reduces congestion in a state that already has one of the longest ballots and some of the most crowded polls. It is easier, so it encourages a greater participation in the election process.
This bill in no way encourages people to vote. This bill in no way increases efficiency. It does not save money. It in no way ensures a more educated electorate, something that could actually easily be accomplished with the passage of bills allowing for voting by mail or a true no-reason absentee option. This bill dismantles a system that is efficient and fair, which is why there is broad bipartisan and nonpartisan opposition.
Elimination of straight party voting was twice rejected by over 60 percent of Michigan citizens, who voted overwhelmingly to keep this voting option available. This is a direct attempt to thwart the will of the people, and a shameful move by the members of this chamber who voted for it.
Knowing the history of this legislation, Senate Bill 13 has added an appropriation for the purpose of purchasing the silence of the citizens.
For those reasons, I did not support the passage of SB 13.”
Rep. Chang, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on Senate Bill 13 because it is unnecessary, impractical, and an affront to the efforts of past and present to ensure voting rights. While I support reform of our election laws to further the rights of eligible Michigan citizens to exercise their right to vote, and I support reforms that would make voting more accessible and easier, Senate Bill 13 actually impedes, suppresses, and reduces the right and ability to vote. Senate Bill 13 violates the United States Constitution and the Voting Rights Act.
Straight ticket voting is an option that has been exercised by over 100 million voters in this state, of both political parties, consistently and without complaint or problem, for over a century. Forty to fifty-five percent of voters use it each time they vote-tens of thousands of voters each election. We need to be doing what we can ensure that every voter feels comfortable and able to vote. For those who are limited English proficient, have waited in a long line and need to go back to work, or those who simply would not have come out to the polls because they prefer to vote a straight-ticket, we should not be discouraging them from exercising their fundamental right.
Elimination of straight party voting was twice rejected by over 60 percent of Michigan citizens, who voted overwhelmingly to keep this voting option available. Senate Bill 13 is an attempt to thwart the will of the people, and a shameful move by the members of this chamber who voted for it. I am extremely saddened and disappointed by this move away from fairness and access.
For these reasons, I did not support the passage of SB 13.”
Rep. LaVoy, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
We should be making it easier to vote, not harder. This removes an option that makes it easier to vote. It doesn’t save money. It won’t increase voter turnout. It only serves to take away a choice of voters. It is a partisan political move that is a back-door way to suppress the vote and the appropriation supposedly makes it referendum proof.”
Rep. Plawecki, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on Senate Bill 0013 because it is unnecessary and impractical. Straight ticket voting is an option that has been exercised by over 100 million voters in this state, of both political parties, consistently and without complaint or problem, for over a century. Forty to fifty-five percent of voters use it each time they vote. It saves money, and it reduces congestion in a state that already has one of the longest ballots and some of the most crowded polls. While I support reform of our election laws to further the rights of Michigan citizens to exercise their right to vote, and I support reforms that would make voting more accessible and easier, Senate Bill 13 actually impedes, suppresses, and reduces the right and ability to vote. This bill in no way encourages people to vote nor does it increase efficiency. It does not save money. It in no way ensures a more educated electorate, something that could actually easily be accomplished with the passage of bills allowing for voting by mail or a true no reason absentee option. This bill dismantles a system that is efficient and fair, which is why there is broad bipartisan and nonpartisan opposition. Elimination of straight party voting was twice rejected by over 60 percent of Michigan citizens, who voted overwhelmingly to keep this voting option available. Knowing the history of this legislation, SB 13 has added an appropriation for the purpose of purchasing the silence of the citizens. Senate Bill13 violates the United States Constitution and the Voting Rights Act. For these reasons, I did not support the passage of SB 13.”
Rep. Hoadley, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on Senate Bill 0013 because it will likely to lead to longer lines and disproportionately impact African American voters and people of color.
Credible data offered in testimony during committee indicate millions of voters utilize the straight ticket voting option each election cycle. Statistics were cited from the report by Charles Stewart III entitled ‘Managing Polling Place Resources’ which indicate Michigan has the sixth longest wait times to vote in the country with an average of 22 minutes per voter; these wait lines are clustered in urban areas which have larger populations of people of color. To suggest SB 0013 would improve wait times is both counter-factual and deceitful. Taken in light of the sponsor’s recent comments as quoted in the Detroit News (Livengood, Chad. ‘Lawmaker calls skin comment ‘clunky choice of words’.’ 12/7/2015), where he said, ‘We can’t fix that. We can’t make an African-American white,’ we must examine the anticipated impact of the sponsor’s bill. In addition, when the sponsor argues this will promote a more informed electorate, it reeks of discriminatory literacy tests used to exclude voters—historically African Americans and people of color.
In committee and on the floor a number of amendments were offered to substantially improve the bill. For example, even a non-controversial amendment allowing for a centralized reporting of errors (HB 4802)—errors ostensibly which will be studied in the unconstitutional appropriation inserted into the bill—were denied along party-line votes.
Taken in total, this bill and this vote represents a serious attack on the voting rights of minorities. I cannot and will not support
For those reasons, I did not support the passage of SB 13.”
Rep. Schor, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on Senate Bill 0013 because it is unnecessary and impractical. It is a solution in search of a problem.
While I support reform of our election laws to further the rights of Michigan citizens to exercise their right to vote, and I support reforms that would make voting more accessible and easier, Senate Bill 13 actually impedes, suppresses, and reduces the right and ability to vote.
Straight ticket voting is an option that has been exercised by over 100 million voters in this state, of both political parties, consistently and without complaint or problem, for over a century. Forty to fifty-five percent of voters use it each time they vote-tens of thousands of voters each election. It saves money, and it reduces congestion in a state that already has one of the longest ballots and some of the most crowded polls. It is easier, so it encourages a greater participation in the election process.
This bill in no way encourages people to vote. This bill in no way increases efficiency. It does not save money. It in no way ensures a more educated electorate, something that could actually easily be accomplished with the passage of bills allowing for voting by mail or a true no-reason absentee option. This bill dismantles a system that is efficient and fair, which is why there is broad bipartisan and nonpartisan opposition.
Elimination of straight party voting was twice rejected by over 60 percent of Michigan citizens, who voted overwhelmingly to keep this voting option available. This is a direct attempt to thwart the will of the people, and a shameful move by the members of this chamber who voted for it.
Knowing the history of this legislation, Senate Bill 13 has added an appropriation for the purpose of purchasing the silence of the citizens.
For those reasons, I did not support the passage of SB 13.”
Rep. Zemke, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on Senate Bill 0013 because it is unnecessary and impractical. It is legislation in search of a problem.
I am a supporter of reform of our election laws to further the rights of Michigan citizens to exercise their right to vote, and I support reforms that would make voting more accessible and easier; none of which Senate Bill 13 does. Senate Bill 13 actually impedes, suppresses, and reduces the right and ability to vote. Senate Bill 13 violates the United States Constitution and the Voting Rights Act.
Straight ticket voting is an option that has been exercised by over 100 million voters in Michigan, of both political parties, consistently and without complaint or problem, for over a century. 40 to 55% percent of voters use it each time they vote: this amounts to tens of thousands of voters in each election. It saves money and reduces congestion in a state that already has one of the longest ballots and some of the most crowded polls. And since it is less complex, it encourages greater participation in the election process.
This bill in no way encourages people to vote. This bill in no way increases efficiency. It does not save money. It in no way ensures a more educated electorate, something that could actually be accomplished with the passage of bills allowing for voting by mail or a true no-reason absentee option. This bill dismantles a system that is efficient and fair, which is why there is broad bipartisan and nonpartisan opposition.
Elimination of straight party voting was twice rejected by over 60% of Michiganders. These citizens voted overwhelmingly to keep this voting option available. This bill is a direct attempt to thwart the will of the people, and a shameful move by the members of this chamber who voted for it.
Knowing the history of this legislation, Senate Bill 13 has added an appropriation for the purpose of purchasing the silence of the citizens. This action is despicable. This bill is despicable.
For those reasons, I did not support the passage of SB 13.”
Rep. Robinson, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
This bill will disenfranchise voters by creating longer lines and longer delays. The removal of this voting option will be costly, The bill is contrary to the intent of the Voter Rights Act of 1965 and the values of this State, The bill will ensure voter suppression in Michigan’s urban areas, specifically, minority voters, This is a shameful result.”
Rep. Pagan, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
While I support reform of our election laws to further the rights of Michigan citizens to exercise their right to vote, and I support reforms that would make voting more accessible and easier, Senate Bill 13 actually impedes, suppresses, and reduces the right and ability to vote. Senate Bill 13 violates the United States Constitution and the Voting Rights Act.
Straight ticket voting is an option that has been exercised by over 100 million voters in this state, of both political parties, consistently and without complaint or problem, for over a century. Forty to fifty-five percent of voters use it each time they vote-tens of thousands of voters each election. It saves money, and it reduces congestion in a state that already has one of the longest ballots and some of the most crowded polls. It is easier, so it encourages a greater participation in the election process.
This bill in no way encourages people to vote. This bill in no way increases efficiency. It does not save money. It in no way ensures a more educated electorate, something that could actually easily be accomplished with the passage of bills allowing for voting by mail or a true no-reason absentee option. This bill dismantles a system that is efficient and fair, which is why there is broad bipartisan and nonpartisan opposition.
Elimination of straight party voting was twice rejected by over 60 percent of Michigan citizens, who voted overwhelmingly to keep this voting option available. This is a direct attempt to thwart the will of the people, and a shameful move by the members of this chamber who voted for it.
Knowing the history of this legislation, Senate Bill 13 has added an appropriation for the purpose of silencing our citizens.
For those reasons, I did not support the passage of SB 13.”
Rep. Sarah Roberts, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on Senate Bill 13 because this legislation takes away a voter’s choice if they want to vote a straight party ticket. Similar legislation has passed into law several times in past years and the voters have always overturned this law by referendum. Senate Bill 13 adds an appropriation to deliberately take away the constitutional right of Michigan voters to organize a referendum on laws they deem wrong. This bill is taking away core rights of our voters.”
Rep. Irwin, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on Senate Bill 0013 because it is unnecessary and impractical. It is a solution in search of a problem.
While I support reform of our election laws to further the rights of Michigan citizens to exercise their right to vote, and I support reforms that would make voting more accessible and easier, Senate Bill 13 actually impedes, suppresses, and reduces the right and ability to vote. Senate Bill 13 violates the United States Constitution and the Voting Rights Act.
Straight ticket voting is an option that has been exercised by over 100 million voters in this state, of both political parties, consistently and without complaint or problem, for over a century. Forty to fifty-five percent of voters use it each time they vote-tens of thousands of voters each election. It saves money, and it reduces congestion in a state that already has one of the longest ballots and some of the most crowded polls. It is easier, so it encourages a greater participation in the election process.
This bill in no way encourages people to vote. This bill in no way increases efficiency. It does not save money. It in no way ensures a more educated electorate, something that could actually easily be accomplished with the passage of bills allowing for voting by mail or a true no-reason absentee option. This bill dismantles a system that is efficient and fair, which is why there is broad bipartisan and nonpartisan opposition.
Elimination of straight party voting was twice rejected by over 60 percent of Michigan citizens, who voted overwhelmingly to keep this voting option available. This is a direct attempt to thwart the will of the people, and a shameful move by the members of this chamber who voted for it.
In addition, I am deeply concerned about the civil rights impact of this legislation. This bill will not just lengthen lines at the polls, it will have a punctuated impact on African American voters who already wait an unreasonable amount of time to vote.
Knowing the history of this legislation, Senate Bill 13 has added an appropriation for the purpose of purchasing the silence of the citizens.
For those reasons, I did not support the passage of SB 13.”
Rep. Moss, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
Senate Bill 13 is a solution in search of a problem. There is no uproar from election clerks, administrators, and voters about issues relating to the current system of straight party voting. This bill is not good public policy, but purely a political maneuver by the current majority party and another attempt to make voting more difficult. Further - particularly egregious - the appropriation allocated in this bill is solely designed to deny citizens to subject this legislation to referendum, which they have time and time again. For these reasons I voted against Senate Bill 13.”
Rep. Faris, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I support reform of election laws that encourage more people to vote, education aimed at voters and making voting more accessible. SB 13 will not do any of the things I support. It will create longer lines at polling locations, require hiring more election polling place workers and potentially require disabled and elderly to wait in long lines in order to vote.”
Rep. Howrylak, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted ‘no’ on SB 13 because an appropriation was included in the bill. It should have been removed. Indeed, it never should have been added to the bill in the first place. It is irrelevant to the intent of the bill and has no impact other than to prevent a referendum petition. We should not be afraid to pass bills that are subject to the possibility of referendum. Indeed, we are tasked with representing the people of the State of Michigan. As such, our legislation should be able to stand on its own merits. It should reflect the will of the electorate and should not block the people’s constitutional right of referendum simply by including a perfunctory appropriation.”
Rep. Greimel, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on Senate Bill 0013 because it is unnecessary and impractical. It is a solution in search of a problem.
While I support reform of our election laws to further the rights of Michigan citizens to exercise their right to vote and to make voting more accessible and easier, Senate Bill 13 actually impedes, suppresses, and reduces the right and ability to vote. Senate Bill 13 violates the United States Constitution and the Voting Rights Act.
Straight ticket voting is an option that has been exercised by over 100 million voters in this state, of both political parties, consistently and without complaint or problem, for over a century. Forty to fifty-five percent of voters use it each time they vote. It saves money, and it reduces congestion in a state that already has one of the longest ballots and some of the most crowded polls. It is easier, so it encourages greater participation in the election process.
This bill in no way encourages people to vote. This bill in no way increases efficiency. It does not save money. It in no way ensures a more educated electorate, something that could easily be accomplished with the passage of bills allowing for voting by mail or a true no-reason absentee option. This bill dismantles a system that is efficient and fair, which is why there is broad bipartisan and nonpartisan opposition.
Elimination of straight party voting was twice rejected by over 60 percent of Michigan citizens, who voted overwhelmingly to keep this voting option available. This is a direct attempt to thwart the will of the people, and a shameful move by the members of this chamber who voted for it.
Even worse, Senate Bill 13 has an added appropriation for the purpose of preventing citizens from exercising their constitutional right to hold a referendum on the bill.
For those reasons, I did not support the passage of SB 13.”
Rep. Nesbitt moved that House Bill No. 4724 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4724, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 758 and 759 (MCL 168.758 and 168.759), section 758 as amended by 1996 PA 207 and section 759 as amended by 2012 PA 523, and by adding section 761b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 467 Yeas—59
Afendoulis Glardon LaFontaine Poleski
Barrett Glenn Lauwers Price
Bizon Goike Leonard Pscholka
Bumstead Graves Leutheuser Roberts, B.
Callton Heise Lucido Runestad
Canfield Howrylak Lyons Sheppard
Chatfield Hughes Maturen Somerville
Cole Iden McBroom Tedder
Cotter Inman McCready Theis
Cox Irwin Miller, A. Vaupel
Crawford Jacobsen Miller, D. VerHeulen
Farrington Jenkins Nesbitt Victory
Forlini Johnson Outman Webber
Franz Kelly Pagel Yonker
Garcia Kesto Pettalia
Nays—46
Banks Faris Lane Robinson
Brinks Garrett LaVoy Rutledge
Brunner Gay-Dagnogo Liberati Santana
Byrd Geiss Love Schor
Chang Greig Moss Singh
Chirkun Greimel Neeley Smiley
Clemente Guerra Pagan Talabi
Cochran Hoadley Phelps Townsend
Darany Hooker Plawecki Wittenberg
Dianda Hovey-Wright Potvin Yanez
Driskell Kivela Roberts, S. Zemke
Durhal Kosowski
In The Chair: Leonard
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 sections 758 and 759 (MCL 168.758 and 168.759), section 758 as amended by 1996 PA 207 and section 759 as amended by 2012 PA 523.
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.
______
Rep. Hoadley, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on HB 4724 because the bill creates additional restrictions on the ability to access the ballot by requiring a photo identification to be present. This is not required currently to access the ballot. I oppose restrictions on ballot access and thus oppose this bill.”
Rep. Robinson, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I AGREE WITH THENO REASON REQUIRED FOR ABSENTEE BALLOTS BUT THIS BILL HAS A VOTER SUPPRESSION ASPECT, THE IDENTIFICATION MANDATE”
Rep. Geiss, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on House Bill 4724 because while it sounds as if it is increasing access to voting, in practice, it is not making absentee voting any easier.
While I support reform of our election laws to further the rights of Michigan citizens to exercise their right to vote, and I support reforms that would make voting more accessible and easier, House Bill 4724 actually impedes, suppresses, and reduces the right and ability to vote rather than allowing them to vote more conveniently—-instead, it violates the United States Constitution and the Voting Rights Act.
For those reasons, I did not support the passage of HB 4724.”
Rep. Singh, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on HB 4724 because it is tie barred to Senate Bill 13 which is a bill that supports voter suppression. Senate Bill 13 violates the United States Constitution and the Voting Rights Act.”
______
Rep. Nesbitt moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Franz to the Chair.
Announcements by the Clerk
The Clerk received the following dissent on Senate Bill No. 13, from Reps. Liberati, Sarah Roberts, Chang, Irwin, Geiss, Love, Singh, Schor, Guerra, Zemke, Brinks, Durhal, Derek Miller and Rutledge:
Article VI, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I would like to state my protest to not granting a record roll call vote when demanded by Rep. Faris and myself and what I believe was 1/5 of the other members.
The Clerk received the following dissent on Senate Bill No. 13, from Rep. Faris:
Article VI, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I would like to state my protest to not granting a record roll call vote when demanded by myself and what I believe was 1/5 of the other members.
The Clerk received the following dissent on Senate Bill No. 13, from Reps. Driskell, Hovey-Wright, Talabi, Wittenberg, Garrett, Neeley, Darany, Yanez, Gay-Dagnogo, Chirkun, Hoadley, Townsend, Lane, Phelps, Plawecki and Greimel:
Article VI, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I would like to state my protest to the act of not granting a record roll call vote when demanded by Rep. Faris and myself and what I believe was 1/5 of the other members.
The Clerk received the following dissent on Senate Bill No. 13, from Rep. Banks:
Article VI, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I would like to state my protest to not granting a record roll call vote when demanded by Rep. Faris and myself and what I believe was 1/5 of the other members. This is a voter rights violation, as well as, suppression of minority voters.
______
Rep. Chirkun moved that the House adjourn.
The motion prevailed, the time being 10:05 p.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Thursday, December 10, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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