No. 13
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2015
House Chamber, Lansing, Wednesday, February 11, 2015.
1:30 p.m.
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 Franz—present Kosowski—present Potvin—present
Banks—present Gamrat—present LaFontaine—present Price—present
Barrett—present Garcia—present Lane—present Pscholka—present
Bizon—present Garrett—present Lauwers—present Rendon—present
Brinks—present Gay-Dagnogo—present LaVoy—present Roberts, B.—present
Brunner—present Geiss—present Leonard—present Roberts, S.—present
Bumstead—present Glardon—present Leutheuser—present Robinson—present
Byrd—present Glenn—present Liberati—excused Runestad—present
Callton—present Goike—present Love—present Rutledge—present
Canfield—present Graves—present Lucido—present Santana—present
Chang—present Greig—present Lyons—present Schor—present
Chatfield—present Greimel—present Maturen—present Sheppard—present
Chirkun—present Guerra—present McBroom—present Singh—present
Clemente—present Heise—present McCready—present Smiley—present
Cochran—present Hoadley—present Miller, A.—present Somerville—present
Cole—present Hooker—present Miller, D.—present Talabi—present
Cotter—present Hovey-Wright—excused Moss—present Tedder—present
Courser—present Howrylak—present Muxlow—present Theis—present
Cox—present Hughes—present Neeley—present Townsend—excused
Crawford—present Iden—present Nesbitt—present Vaupel—present
Darany—present Inman—present Outman—present VerHeulen—present
Dianda—present Irwin—present Pagan—present Victory—present
Dillon—present Jacobsen—present Pagel—present Webber—present
Driskell—present Jenkins—present Pettalia—present Wittenberg—present
Durhal—present Johnson—present Phelps—present Yanez—present
Faris—present Kelly—present Plawecki—present Yonker—present
Farrington—present Kesto—present Poleski—present Zemke—present
Forlini—present Kivela—present
e/d/s = entered during session
Rep. Pam Faris, from the 48th District, offered the following invocation:
“Our Lord in Heaven, please hear our prayer as we raise up those less fortunate than ourselves. We cry out for the individuals that have endured hardships thus far in 2015.
We lift up those that are the victims of financial struggles and hope they can find in You a beacon of hope in their time of need.
We pray for those fighting with hunger or disease and pray that they receive the resources and abilities to lift themselves physically and spiritually.
Matthew 6:33 says, ‘But seek ye first the kingdom of God, and His righteousness; and all these things shall be added unto you.’
For everyone searching for light in their time of darkness we ask that they find the strength and courage to confide in You for all other things will come to those who trust in the Lord.
We thank You for the opportunities You have graced us all with as we pray in Jesus’ name, Amen.”
______
Rep. Singh moved that Reps. Hovey-Wright, Liberati and Townsend be excused from today’s session.
The motion prevailed.
Introduction of Bills
Rep. Darany introduced
House Bill No. 4179, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509t (MCL 168.509t), as amended by 2004 PA 92.
The bill was read a first time by its title and referred to the Committee on Elections.
Rep. Darany introduced
House Bill No. 4180, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 737a (MCL 168.737a), as amended by 2012 PA 276.
The bill was read a first time by its title and referred to the Committee on Elections.
Rep. Darany introduced
House Bill No. 4181, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 761a (MCL 168.761a).
The bill was read a first time by its title and referred to the Committee on Elections.
Reps. Price, Franz, Cox, Maturen, Howrylak, Moss and Crawford introduced
House Bill No. 4182, entitled
A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278.
The bill was read a first time by its title and referred to the Committee on Oversight and Ethics.
Reps. Price, Franz, Rutledge, Robinson, Schor, Chatfield, Moss, Victory, Gay-Dagnogo, Kelly, Brunner, Crawford and McCready introduced
House Bill No. 4183, entitled
A bill to set forth the methods for local governments and other governmental entities to provide public notices; to prescribe the powers and duties of certain public entities; and to prescribe the duties of certain private entities.
The bill was read a first time by its title and referred to the Committee on Local Government.
Reps. Plawecki, Smiley, Driskell, Derek Miller, Moss, Lucido, Schor and Sarah Roberts introduced
House Bill No. 4184, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 47 (MCL 169.247), as amended by 2013 PA 252.
The bill was read a first time by its title and referred to the Committee on Elections.
Reps. Plawecki, Schor, Zemke, Brinks, Smiley, Derek Miller and Lucido introduced
House Bill No. 4185, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 217c (MCL 257.217c), as amended by 2002 PA 642.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Gay-Dagnogo, Banks, Chang, Geiss, Byrd, Neeley, Talabi, Dillon, Garrett, Liberati and Schor introduced
House Bill No. 4186, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 280b.
The bill was read a first time by its title and referred to the Committee on Oversight and Ethics.
Reps. Durhal, Derek Miller, Dillon, Brunner, Smiley, Moss, Chirkun, Wittenberg, Yanez, Robinson, Banks, Geiss, Faris, LaVoy, Guerra, Jacobsen, Poleski, Zemke, Glenn, Heise, Hovey-Wright, Darany, Lane, Talabi, Garrett, Cochran, Singh, Greimel, Sarah Roberts and Kosowski introduced
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.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
______
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.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, February 11:
House Bill Nos. 4162 4163 4164 4165 4166 4167 4168 4169 4170 4171 4172 4173 4174 4175
4176 4177 4178
Senate Bill Nos. 85 86 87 88 89 90 91 92 93 94 95 96 97
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
House Bill No. 4018, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1a (MCL 205.51a), as amended by 2008 PA 438.
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. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Clemente and Byrd
Nays: None
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
House Bill No. 4019, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2b (MCL 205.92b), as amended by 2008 PA 439.
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. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Clemente and Byrd
Nays: None
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, February 11, 2015
Present: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Clemente, LaVoy and Byrd
Absent: Rep. Townsend
Excused: Rep. Townsend
The Committee on Elections, by Rep. Lyons, Chair, reported
House Bill No. 4068, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 659 (MCL 168.659), as amended by 2014 PA 94.
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. 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, February 11, 2015
Present: Reps. Lyons, Leutheuser, Heise, Jacobsen, Kesto, Driskell, Irwin and Hoadley
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, February 11, 2015
Present: Reps. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright and Talabi
Absent: Rep. Liberati
Excused: Rep. Liberati
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Forlini, Chair, of the Committee on Financial Services, was received and read:
Meeting held on: Wednesday, February 11, 2015
Present: Reps. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lauwers, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, February 11, 2015
Present: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Courser, Brett Roberts, Sheppard, Brunner, Darany, Talabi, Driskell, LaVoy and Garrett
Absent: Rep. Vaupel
Excused: Rep. Vaupel
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nesbitt, Chair, of the Committee on Energy Policy, was received and read:
Meeting held on: Wednesday, February 11, 2015
Present: Reps. Nesbitt, Glenn, Jacobsen, LaFontaine, McBroom, Outman, Pettalia, Hughes, Barrett, Cole, Lucido, Maturen, Brett Roberts, Sheppard, Webber, LaVoy, Brunner, Lane, Dianda, Kivela, Kosowski, Byrd, Derek Miller and Plawecki
Absent: Rep. Garrett
Excused: Rep. Garrett
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, February 11, 2015
Present: Reps. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner, Rutledge and Neeley
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, February 11, 2015
Present: Reps. Rendon, Goike, Forlini, Cole, Smiley, Brinks and Gay-Dagnogo
Absent: Rep. Pettalia
Excused: Rep. Pettalia
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Pscholka, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, February 11, 2015
Present: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Gamrat, Inman, Aaron Miller, Santana, Dillon, Irwin, Sarah Roberts, Banks, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan
Messages from the Governor
The following message from the Governor was received February 11, 2015 and read:
EXECUTIVE ORDER
No. 2015 – 5
IMPLEMENTATION OF EXPENDITURE REDUCTIONS UNDER
SECTION 20 OF ARTICLE V OF THE MICHIGAN CONSTITUTION OF 1963
WHEREAS, under Section 20 of Article V of the Michigan Constitution of 1963, the Governor, with the approval of the appropriating committees of the House of Representatives and the Senate, shall reduce expenditures authorized by appropriations whenever it appears that actual revenues for a fiscal period will fall below the revenue estimates on which appropriations for that period were based, and the reductions shall be made in accordance with procedures prescribed by law; and
WHEREAS, it appears that actual revenues for the fiscal period beginning on October 1, 2014 and ending on September 30, 2015, will fall below the revenue estimates on which appropriations for that period were based, the estimates having been determined by the Legislature as required under Section 31 of Article IV of the Michigan Constitution of 1963; and
WHEREAS, pursuant to Section 391 of The Management and Budget Act, 1984 PA 431, MCL 18.1391, on the basis of written information from the State Budget Director and the State Treasurer, it appears that actual revenues will fall below such revenue estimates; and
WHEREAS, there is an unanticipated loss of funding that the departments and agencies of state government do not expect to obtain or make up during the current fiscal year; and
WHEREAS, expenditure reductions totaling $102,887,900.00 general fund-general purpose and $3,500,000.00 special purpose funds are necessary;
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor under the Michigan Constitution of 1963 and Michigan law, and with the approval of a majority of members of each appropriations committee, order the following reductions in expenditures:
A. Portions of general fund-general purpose expenditures authorized by appropriations amounting to $102,887,900.00 contained in the following articles of 2014 PA 252 are hereby reduced. Where the expenditure reductions of general fund-general purpose appropriations in this Order reduce the restricted portions of gross appropriations and sources of financing that will be earned, the amounts to be reduced shall be provided separately to the State Budget Director for approval and entry into the accounts.
Reduction
2014 PA 252 Department Amount
Article I Agriculture $600,000
Article IV Community Health 16,550,000
Article V Corrections 17,800,000
Article VI Education 5,814,000
Article VII Environmental Quality 3,400,000
Article X Human Services 15,492,800
Article XIII Licensing and Regulatory Affairs 200,000
Article XV Natural Resources 1,500,000
Article XVI State Police 23,331,100
Article VIII Technology, Management, and Budget 15,500,000
Article VIII Treasury 2,700,000
TOTAL $102,887,900
B. The reduction totals for the departments and offices in Section A include the following appropriation items or are predicated upon the following actions:
1. Department of Agriculture
Appropriation Item Reduction
Number Amount
01079 Food and agriculture industry growth initiative 600,000
600,000
2. Department of Community Health
Appropriation Item Reduction
Number Amount
01130 Behavioral health program administration 300,000
11100 Pay for success contracts 1,500,000
11200 Health and wellness initiatives 1,500,000
11374 Injury control intervention project 350,000
12263 Essential local public health services 1,500,000
14241 Mental health commission recommendations 2,900,000
33500 Hospital services and therapy 7,000,000
33550 Health plan services 1,500,000
16,550,000
The amount in Article IV, Section 1866(1) is reduced to $10,000,000.00.
3. Department of Corrections
Appropriation Item Reduction
Number Amount
01098 Prisoner re-entry local service providers 500,000
03112 Worker’s compensation 1,500,000
23322 Special alternative incarceration program 228,000
(Camp Cassidy Lake)
24300 Electronic monitoring center 3,000,000
28531 County jail reimbursement program 1,250,000
29005 Education program 500,000
29511 Prison food service 1,000,000
29512 Transportation 1,000,000
30522 Southern region administration and support 645,000
32002 Charles E. Egeler correctional facility – Jackson 606,000
34002 Parnall correctional facility – Jackson 304,000
35002 Cooper street correctional facility – Jackson 228,000
46002 Alger correctional facility – Munising 568,000
47002 Baraga correctional facility – Baraga 228,000
48002 Carson City correctional facility – Carson City 304,000
49002 Chippewa correctional facility – Kincheloe 1,500,000
51002 Marquette branch prison – Marquette 304,000
52002 Oaks correctional facility – Eastlake 379,000
67002 Bellamy Creek correctional facility – Ionia 454,000
69002 St. Louis correctional facility – St. Louis 531,000
70002 Central Michigan correctional facility – St. Louis 228,000
72002 Earnest C. Brooks correctional facility – Muskegon 304,000
74002 Michigan reformatory – Ionia 151,000
75002 Womens Huron Valley correctional complex – Ypsilanti 607,000
79002 Gus Harrison correctional facility – Adrian 304,000
80002 Thumb correctional facility – Lapeer 304,000
83002 Saginaw correctional facility – Freeland 228,000
84002 Woodland correctional facility – Whitmore Lake 417,000
89002 Macomb correctional facility – New Haven 228,000
17,800,000
4. Department of Education
Appropriation Item Reduction
Number Amount
05104 Child development and care public assistance 2,400,000
06103 Educator evaluations and assessments phase-in operations 3,414,000
5,814,000
5. Department of Environmental Quality
Appropriation Item Reduction
Number Amount
06051 Water pollution control and drinking water revolving fund 2,750,000
07010 Electronic document management 650,000
3,400,000
6. Department of Human Services
Appropriation Item Reduction
Number Amount
12080 Payroll taxes and fringe benefits 10,000
16150 Direct agency charges 2,750,000
32640 Emergency services local office allocations 559,300
47600 W.J. Maxey training school 400,000
47830 In-home community care 600,000
47850 Juvenile justice vision 20/20 1,000,000
62610 Field staff, salaries and wages 94,200
62620 Healthy Michigan plan administration 2,181,900
74350 Child welfare institute 50,000
74750 Adoption subsidies 6,547,400
81520 Michigan rehabilitation services 1,300,000
15,492,800
The amount in Article X, Section 587 (1) of 2014 PA 252 is reduced to $650,000.00.
The amount in Article X, Section 703 (1) of 2014 PA 252 is reduced to $0.00.
7. Department of Licensing and Regulatory Affairs
Appropriation Item Reduction
Number Amount
18330 Health systems regulation 100,000
18600 Health professions regulation 100,000
200,000
8. Department of Natural Resources
Appropriation Item Reduction
Number Amount
01730 Michigan historical center 50,000
02411 Forest recreation and trails 150,000
02511 Mackinac Island state park operations 50,000
06019 Nonmotorized trail development and maintenance grants 1,000,000
24046 State parks repair and maintenance 250,000
1,500,000
9. Department of State Police
Appropriation Item Reduction
Number Amount
28010 Emergency management and homeland security 500,000
28190 Disaster assistance 16,000,000
28600 Local public safety initiative 500,000
32170 Capitol complex security 294,000
32500 General law enforcement and traffic safety 2,827,100
36010 Commercial vehicle enforcement 3,210,000
23,331,100
10. Department of Technology, Management, and Budget
Appropriation Item Reduction
Number Amount
00008 Homeland security initiative/cyber security 1,000,000
00010 General government and public safety information 2,500,000
technology investment projects
00100 Michigan public safety communications system 3,500,000
20142 Regional prosperity grants 500,000
20151 Litigation fund 2,000,000
20153 Office of urban initiatives 1,000,000
77081 Enterprisewide special maintenance for state facilities 5,000,000
15,500,000
11. Department of Treasury
Appropriation Item Reduction
Number Amount
02410 Tax and economic policy 600,000
02460 Tobacco tax enforcement 100,000
09316 Senior citizen cooperative housing tax exemption program 2,000,000
2,700,000
C. Portions of appropriations financed with special purpose revenue amounting to $3,500,000.00 contained in the following public acts are reduced as follows:
Reduction
Public Act Department Amount
2012 PA 200 Technology, Management, and Budget $1,500,000
2013 PA 59 Technology, Management, and Budget 2,000,000
TOTAL $3,500,000
D. The reduction totals for the department in Section C include the following appropriation items:
Department of Technology, Management, and Budget – Information, Communications and Technology Innovation Fund
Appropriation Item Reduction
Number Amount
43825 Information, communications and technology 3,500,000
innovation fund _________
3,500,000
The State Budget Director is authorized to take any and all actions necessary to implement the provisions of this Order to reduce expenditures authorized by appropriations as specified above for the fiscal year beginning on October 1, 2014 and ending on September 30, 2015.
This Order is effective upon approval by the appropriations committees of the House of Representatives and the Senate, as provided under Section 20 of Article V of the Michigan Constitution of 1963 and Section 391 of The Management and Budget Act, 1984 PA 431, MCL 18.1391.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 11th day of February, in the Year of our Lord, Two Thousand Fifteen.
RICHARD D. SNYDER
GOVERNOR
BY THE GOVERNOR:
RUTH A. JOHNSON
SECRETARY OF STATE
The message was referred to the Clerk.
______
Rep. Talabi moved that the House adjourn.
The motion prevailed, the time being 2:00 p.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Thursday, February 12, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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