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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