No. 17

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2016

House Chamber, Lansing, Thursday, February 18, 2016.

12:00 Noon.

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

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

Afendoulis—present 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 Moss—present Talabi—present

Cole—present Howrylak—present Muxlow—present Tedder—present

Cotter—present Hughes—present Neeley—present Theis—present

Cox—present Iden—present Nesbitt—present Townsend—present

Crawford—present Inman—present Outman—present Vaupel—present

Darany—present Irwin—present Pagan—present VerHeulen—present

Dianda—present Jacobsen—present Pagel—present Victory—present

Driskell—present Jenkins—present Pettalia—present Webber—present

Durhal—present Johnson—present Phelps—present Wittenberg—present

Faris—present Kelly—present Plawecki—present Yanez—present

Farrington—present Kesto—present Poleski—present Yonker—present

Forlini—present Kivela—present Potvin—present Zemke—present

Franz—present Kosowski—present

e/d/s = entered during session

Rev. Dr. Lee C. Winfrey, Sr., Senior Pastor of Unity Baptist Church in Detroit, offered the following invocation:

“Eternal God our Father, the Creator of all things, the Giver of every good and perfect gift; we bow in Your strong presence first and foremost to give thanks for life, health, and strength. We thank You O God for every form of peace, every form of power, every form of prosperity, every form of provision, every form of protection, and every form of pleasure according to Your divine purpose. We ask that You would forgive us our sins, create in us a clean heart O God and renew a right spirit within us that we may continue doing Your holy and righteous will. We lift up our President and his family, our Governor and his family, and all elected officials and their families. We ask to look upon us and have mercy. We pray Your healing hand upon the sick, afflicted, the homeless, the helpless, and the hurting. WE ask O God that You would deliver the oppressed and strengthen the weak and keep Your arms of love and comfort around those who are grieved. God we further pray that You would grant each of these elected officials the wisdom, knowledge, understanding, faith, and strength to carry out their responsibilities in a way that pleases You and that benefits the people they are called to serve. Let them serve the best interest of the people and put forth righteous, just, fair, and equal legislation that will benefit all the residents of Michigan. We place all unrighteousness in Your hands for it is in You we trust and believe. Lord we pray for every resident of this great state. WE lift up our officers, firemen, and all municipal workers who are called to serve the people. Protect and keep them as they labor for a better life. Touch, heal, save, and deliver as only You can. Help where help is needed and bless us all as we seek to do Your Will; nothing more, nothing less, nothing else. We thank You that You hear us when we pray and that You respond to our cry. WE love You, we magnify You, we glorify You, and we lift up Your holy and righteous Name in all things and we ask these and all other blessings be bestowed upon us in the matchless, majestic, marvelous, and miracle working Name; that Name which is above every name. It is with great expectation we ask in Jesus’ Name; Amen!”

______

The Speaker assumed the Chair.

Motions and Resolutions

Reps. McBroom, Bumstead, Kelly, Cole, Outman, Victory, Johnson, Chatfield, Brett Roberts, Inman, Potvin, LaVoy, Yonker, Lyons, Nesbitt, Goike, Pettalia, Kivela, Franz, Dianda, Aaron Miller, Rendon, Santana, Faris, Heise, Hooker and Maturen offered the following resolution:

House Resolution No. 228.

A resolution to urge the United States Congress to enact legislation that will enhance hunting, fishing, recreational shooting, and other outdoor recreational opportunities for sportsmen and women nationwide.

Whereas, Conservation in the United States is funded primarily by sportsmen and women. This American System of Conservation Funding is a user pays – public benefits approach that includes excise taxes on hunting, fishing, and boating equipment. This strategy is widely recognized as the most successful model of fish and wildlife management funding in the world; and

Whereas, Through the pursuit of their outdoor passions, sportsmen and women support hundreds of thousands of jobs and contribute billions to our economy annually through salaries, wages, and product purchases; and

Whereas, Currently pending legislation in the U.S. Senate would create or renew several important programs that are vital to the continued conservation of our natural resources, the health of America’s local economies, and the enhancement and protection of our time-honored outdoor pastimes. Senate Bill 659, the Bipartisan Sportsmen’s Act of 2015, pulls together fourteen separate programs that impact sportsmen. The bill will advance the cause of making public lands more accessible for multiple recreational uses including hunting and fishing; and

Whereas, The bill will renew several important programs, including reauthorization of the federal Land Transaction Facilitation Act, the North American Wetlands Conservation Act, and the National Fish and Wildlife Foundation. The reauthorization of these programs as well as the creation of new programs will enhance opportunities for outdoor recreation enthusiasts, improve access to public lands, and help boost the outdoor recreation economy. Conserving our fish and wildlife resources and their habitats, and ensuring that future generations have access to public lands and continued recreational opportunities protects our hunting, shooting, and conservation heritage for generations to come; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States Congress to enact legislation that will enhance hunting, fishing, recreational shooting, and other outdoor recreational opportunities for sportsmen and women nationwide; and be it further

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

The resolution was referred to the Committee on Tourism and Outdoor Recreation.

House Concurrent Resolution No. 22.

A concurrent resolution to urge the United States Congress to enact legislation that will enhance hunting, fishing, recreational shooting, and other outdoor recreational opportunities for sportsmen and women nationwide.

Resolved by the House of Representatives (the Senate concurring), That we urge the United States Congress to enact legislation that will enhance hunting, fishing, recreational shooting, and other outdoor recreational opportunities for sportsmen and women nationwide; and be it further

The concurrent resolution was referred to the Committee on Tourism and Outdoor Recreation.

Third Reading of Bills

Senate Bill No. 136, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

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

Roll Call No. 48 Yeas—106

Afendoulis Garcia LaFontaine Price

Banks Garrett Lane Pscholka

Barrett Gay-Dagnogo Lauwers Rendon

Bizon Geiss LaVoy Roberts, B.

Brinks Glardon Leonard Roberts, S.

Brunner Glenn Leutheuser Robinson

Bumstead Goike Liberati Runestad

Byrd Graves Love Rutledge

Callton Greig Lucido Santana

Canfield Greimel Lyons Schor

Chang Guerra Maturen Sheppard

Chatfield Heise McBroom Singh

Chirkun Hoadley McCready Smiley

Clemente Hooker Miller, A. Somerville

Cochran Hovey-Wright Moss Talabi

Cole Howrylak Muxlow 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 Kosowski

Nays—0

In The Chair: Cotter

The House agreed to the title of the bill.

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

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

House Bill No. 4651, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312a (MCL 257.312a), as amended by 2013 PA 177.

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

Roll Call No. 49 Yeas—87

Afendoulis Gay-Dagnogo Lauwers Price

Banks Geiss LaVoy Pscholka

Bizon Glardon Leutheuser Rendon

Brinks Greig Liberati Roberts, B.

Brunner Greimel Love Roberts, S.

Bumstead Guerra Lucido Runestad

Byrd Heise Lyons Rutledge

Callton Hoadley Maturen Schor

Canfield Hovey-Wright McBroom Sheppard

Chang Howrylak McCready Singh

Chirkun Hughes Miller, A. Smiley

Clemente Iden Moss Talabi

Cochran Inman Muxlow Townsend

Cotter Jacobsen Neeley Vaupel

Crawford Jenkins Nesbitt VerHeulen

Darany Johnson Outman Victory

Driskell Kelly Pagan Webber

Durhal Kesto Pagel Wittenberg

Faris Kivela Phelps Yanez

Farrington Kosowski Plawecki Yonker

Franz LaFontaine Poleski Zemke

Garcia Lane Potvin

Nays—19

Barrett Forlini Hooker Santana

Chatfield Garrett Irwin Somerville

Cole Glenn Leonard Tedder

Cox Goike Pettalia Theis

Dianda Graves Robinson

In The Chair: Cotter

The House agreed to the title of the bill.

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

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

______

The Speaker called Associate Speaker Pro Tempore Franz to the Chair.

Senate Bill No. 680, entitled

A bill to amend 1968 PA 173, entitled “An act naming certain state buildings,” (MCL 19.131 to 19.132) by adding section 3.

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

Roll Call No. 50 Yeas—79

Afendoulis Glardon LaFontaine Price

Barrett Glenn Lauwers Pscholka

Brinks Goike Leonard Rendon

Brunner Graves Leutheuser Roberts, B.

Bumstead Heise Liberati Runestad

Callton Hoadley Lucido Rutledge

Canfield Hooker Lyons Schor

Chatfield Hovey-Wright Maturen Sheppard

Clemente Howrylak McBroom Smiley

Cole Hughes McCready Somerville

Cotter Iden Miller, A. Tedder

Cox Inman Moss Theis

Crawford Irwin Muxlow Townsend

Darany Jacobsen Nesbitt Vaupel

Driskell Jenkins Outman VerHeulen

Farrington Johnson Pagel Victory

Forlini Kelly Pettalia Webber

Franz Kesto Plawecki Yonker

Garcia Kivela Poleski Zemke

Geiss Kosowski Potvin

Nays—27

Banks Durhal Lane Robinson

Bizon Faris LaVoy Santana

Byrd Garrett Love Singh

Chang Gay-Dagnogo Neeley Talabi

Chirkun Greig Pagan Wittenberg

Cochran Greimel Phelps Yanez

Dianda Guerra Roberts, S.

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.

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.

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

Roll Call No. 51 Yeas—104

Afendoulis Franz Kosowski Potvin

Banks Garcia LaFontaine Price

Barrett Garrett Lane Pscholka

Bizon Gay-Dagnogo Lauwers Rendon

Brinks Geiss LaVoy Roberts, B.

Brunner Glardon Leonard Roberts, S.

Bumstead Glenn Leutheuser 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, A. Talabi

Cole Hovey-Wright Moss Tedder

Cotter Howrylak Muxlow Theis

Cox Hughes Neeley Townsend

Crawford Iden Nesbitt Vaupel

Darany Inman Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Wittenberg

Faris Kelly Phelps Yanez

Farrington Kesto Plawecki Yonker

Forlini Kivela Poleski Zemke

Nays—2

Irwin Robinson

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.

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.

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

Roll Call No. 52 Yeas—104

Afendoulis Franz Kosowski Potvin

Banks Garcia LaFontaine Price

Barrett Garrett Lane Pscholka

Bizon Gay-Dagnogo Lauwers Rendon

Brinks Geiss LaVoy Roberts, B.

Brunner Glardon Leonard Roberts, S.

Bumstead Glenn Leutheuser 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, A. Talabi

Cole Hovey-Wright Moss Tedder

Cotter Howrylak Muxlow Theis

Cox Hughes Neeley Townsend

Crawford Iden Nesbitt Vaupel

Darany Inman Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Wittenberg

Faris Kelly Phelps Yanez

Farrington Kesto Plawecki Yonker

Forlini Kivela Poleski Zemke

Nays—2

Irwin Robinson

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.

Second Reading of Bills

House Bill No. 4793, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 434 (MCL 330.1434), as amended by 1995 PA 290.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4493, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278 and 1279g (MCL 380.1278 and 380.1279g), section 1278 as amended by 2004 PA 596 and section 1279g as amended by 2008 PA 349, and by adding section 1168.

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

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.

Senate Bill No. 578, entitled

A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 2, 6, and 13 (MCL 445.1632, 445.1636, and 445.1643), section 2 as amended by 2012 PA 443; and to repeal acts and parts of acts.

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

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.

House Bill No. 5192, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 720 and 728 (MCL 339.720 and 339.728), section 720 as amended by 2010 PA 215 and section 728 as amended by 2014 PA 177.

The bill was read a second time.

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, February 17:

House Bill Nos. 5378 5379 5380

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, February 18:

Senate Bill Nos. 809 810

The Clerk announced that the following Senate bills had been received on Thursday, February 18:

Senate Bill Nos. 651 652 653 667

Reports of Standing Committees

The Committee on Education, by Rep. Price, Chair, reported

House Bill No. 4791, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1319.

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. Price, Garcia, Callton, Hooker, Lyons, McBroom, Somerville, Yonker, Kelly, Chatfield, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 18, 2016

Present: Reps. Price, Garcia, Callton, Hooker, Lyons, McBroom, Somerville, Yonker, Kelly, Chatfield, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig

The Committee on Insurance, by Rep. Leonard, Chair, reported

Senate Bill No. 150, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t.

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. Leonard, Theis, Franz, Goike, Glardon, LaFontaine, Lyons, Barrett, Runestad, Vaupel, Webber, Cochran, Clemente, Kosowski and Wittenberg

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 18, 2016

Present: Reps. Leonard, Theis, Franz, Goike, Glardon, LaFontaine, Lyons, Barrett, Runestad, Vaupel, Webber, Cochran, Banks, Clemente, Kosowski and Wittenberg

Messages from the Senate

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.

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.

Senate Bill No. 651, entitled

A bill to provide for exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties.

The Senate has passed the bill.

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

Senate Bill No. 652, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2015 PA 107, and by adding section 7vv.

The Senate has passed the bill.

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

Senate Bill No. 653, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2014 PA 146.

The Senate has passed the bill.

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

Senate Bill No. 667, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 609 (MCL 436.1609), as amended by 2014 PA 353, and by adding sections 609a and 609b.

The Senate has passed the bill.

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

Communications from State Officers

The following communication from the Department of State Police was received and read:

January 20, 2016

Enclosed is a copy of the Concealed Pistol License (CPL) Annual Report as required by Public Act 372 of 1927, as amended within Public Act Number 3 of 2015. This report details the CPL activity between October 1, 2014, and September 30, 2015. All previous reports covered July 1 through June 30 of the corresponding years.

Below is a summary of the activity for the last ten years:

Applications # of Criminal

Year Received Total Approved Violations Violations/Convictions

2005-2006 40,238 36,754 548 -

2006-2007 22,403 23,790 938 -

2007-2008 33,411 26,578 1,319 -

2008-2009 73,105 66,446 1,292 -

2009-2010 90,808 86,661 1,005 -

2010-2011 84,827 87,637 2,711 -

2011-2012 82,347 78,721 2,997 -

2012-2013 129,900 118,025 3,040 -

2013-2014 115,601 115,990 4,421 -

2014-2015 121,682 120,548 - 2,718

Due to a statutory change in the reporting requirements, only convictions by CPL holders are reported in this report. Therefore, the number of convictions, shown in the last column, is significantly less than the number of criminal violations reported in previous years, which included both pending and dismissed charges.

If you have any questions regarding the information in this report, please feel free to contact the Michigan State Police, Concealed Pistol License Unit at (517) 241-1917.

Sincerely,

Kriste Etue

DIRECTOR

The communication was referred to the Clerk.

Introduction of Bills

Reps. Yanez and Farrington introduced

House Bill No. 5381, 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.

Reps. Pscholka, Garcia and Price introduced

House Bill No. 5382, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 695 (MCL 206.695), as added by 2011 PA 38, and by adding section 51f.