No. 31
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2015
House Chamber, Lansing, Wednesday, March 25, 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 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—present 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—present Moss—present Tedder—present
Courser—present Howrylak—present Muxlow—present Theis—present
Cox—present Hughes—present Neeley—present Townsend—present
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
Rev. Lorenzo Sewell, Campus Pastor of Woodside Bible Church in Pontiac, offered the following invocation:
“God, it’s us again, offering this prayer in total faith. We first praise You for everything before we ask You for anything. Thanks for being our heavenly Father that we can talk to in good times and bad times. And even when we don’t know how to pray You see our tears, understand our hearts and interpret our sighs… and we love You for this, we thank You again for allowing us the opportunity to call on You in times of trouble. We are facing countless evils so we ask that You deliver us, we are helpless without You and ask that You would guide us as we make decisions to influence our State. Would You send Your grace to all our governmental leaders and help us seek You in all we do. Thanks for answering us before we ask and hearing us as we call on Your name. We rejoice in Your love and believe that we have received all these requests. Amen.”
Motions and Resolutions
Reps. Smiley, Faris, Heise, Hovey-Wright, Kelly, Maturen and Poleski offered the following resolution:
House Resolution No. 44.
A resolution to declare April 5, 2015, as Gold Star Wives of America Day in the state of Michigan.
Whereas, Gold Star Wives of America, Inc., began on April 5, 1945, in Marie Jordan’s apartment on West 20th Street in New York City with the intent to provide support for spouses of military service members who lost their lives while serving in the Armed Forces of the United States; and
Whereas, The Gold Star Wives of America holds a Congressional Charter Order Title 36 of the U.S. Code under Public Law 96-497. These are members and local chapters in all parts of the United States. This organization is unique in that it is the only organization that goes to the United States Congress for legislation for surviving spouses and children of military personnel; and
Whereas, The Gold Star Wives of America lists seven purposes for the organization; to uphold the Constitution and laws of the United States, to honor those who made the supreme sacrifice for our country, to safeguard and transmit to posterity the principles of justice, freedom and democracy for which armed forces members fought and died, to provide for a healthy, wholesome, and happy life for minor children of person who died in service, to promote activities and interests designed to foster member’s proper mental attitude to face the future with courage, to aid military widows and children, and to do any and all things necessary and incidental to carry out the purposes and objective of this organization; and
Whereas, Gold Star Wives first dedication is to assisting newly widowed spouses and children. They also volunteer at military hospitals nationwide and are involved in numerous local charities; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 5, 2015, as Gold Star Wives of America Day in the state of Michigan. We join with the Gold Star Wives in celebrating their 70th anniversary of assisting those spouses and children of active service personnel who sacrificed their lives for this country; and be it further
Resolved, That copies of this resolution be transmitted to Gold Star Wives of American with our highest esteem.
The question being on the adoption of the resolution,
Rep. Smiley moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution No. 44.
A resolution to declare April 5, 2015, as Gold Star Wives of America Day in the state of Michigan.
Whereas, Gold Star Wives of America, Inc., began on April 5, 1945, in Marie Jordan’s apartment on West 20th Street in New York City with the intent to provide support for spouses of military service members who lost their lives while serving in the Armed Forces of the United States; and
Whereas, The Gold Star Wives of America holds a Congressional Charter Order Title 36 of the U.S. Code under Public Law 96-497. There are members and local chapters in all parts of the United States. This organization is unique in that it consistently goes to the United States Congress for legislation for surviving spouses and children of military personnel; and
Whereas, The Gold Star Wives of America lists seven purposes for the organization: to uphold the Constitution and laws of the United States and inculcate a sense of individual obligation to community, state, and nation; to honor those who made the supreme sacrifice for our country; to safeguard and transmit to posterity the principles of justice, freedom and democracy for which armed forces members fought and died; to provide for a healthy, wholesome, and happy life for minor children of persons who died in service; to promote activities and interests designed to foster members’ proper mental attitude to face the future with courage; to aid military widows and children; and to do any and all things necessary and incidental to carry out the purposes and objectives of this organization; and
Whereas, Gold Star Wives’ first dedication is to assisting newly widowed spouses and children. They also volunteer at military hospitals nationwide and are involved in numerous local charities; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 5, 2015, as Gold Star Wives of America Day in the state of Michigan. We join with the Gold Star Wives in celebrating their 70th anniversary of assisting those spouses and children of active service personnel who sacrificed their lives for this country; and be it further
Resolved, That copies of this resolution be transmitted to Gold Star Wives of America with our highest esteem.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Nesbitt and Singh offered the following concurrent resolution:
House Concurrent Resolution No. 5.
A concurrent resolution prescribing the Joint Rules of the House of Representatives and Senate.
Resolved by the House of Representatives (the Senate concurring), That the following be and are hereby adopted as the Joint Rules of the House of Representatives and Senate:
JOINT RULES
OF THE
HOUSE OF REPRESENTATIVES AND SENATE
Transmission of Messages.
Rule 1. All messages necessary for conducting legislative business between the two houses shall be communicated in writing and electronically by the Secretary of the Senate and the Clerk of the House of Representatives.
Amendments.
Rule 2. It shall be in the power of either house to amend an amendment made by the other to any bill, resolution, or alternative measure as defined in Rule 29.
Conference Committees.
Rule 3. (a) The house not concurring in the amendments of the other house shall appoint conferees and notify the amending house of its action. The amending house shall request return of the bill, resolution, or alternative measure or appoint conferees. The conference committee shall consist of three members from each house, to be appointed as each house may determine. The first named member of the house in which the bill, resolution, or alternative measure originated shall be chairperson of the conference committee. Upon appointment of conferees by both houses, the bill, resolution, or alternative measure shall be referred to the conference committee. When one house amends or substitutes a bill, resolution, or alternative measure that has been returned for concurrence from the other house, but then non-concurs in that bill, resolution, or alternative measure as amended or substituted, those amendments or that substitute shall not be referred to the conference committee. The conference committee shall serve until the conference report has been adopted by both houses or rejected by a house.
(b) The conference committee shall consist of committees of the two houses with those two committees voting separately while in conference. The adoption of a conference report shall require concurring majorities of the members of each house. The conference committees of the two houses shall vote separately while in conference. The majority of each committee shall constitute a quorum of each committee and shall determine the position to be taken toward the propositions of the conference committee. If the conferees agree, a report shall be made which shall be signed by at least a majority of the conferees of each house who were present and voted in the conference committee meeting to adopt the report. The bill, resolution, or alternative measure, including the original signed conference report and three copies, shall be filed in the house of origin where the question shall be on the adoption of the conference report. If the conference report is adopted in the house of origin, the bill, resolution, or alternative measure, including the original signed conference report, and two copies of the conference report shall be transmitted to the other house where the question shall be on the adoption of the conference report. If the conference report is adopted in the other house, the bill, resolution, or alternative measure and the original signed copy of the conference report shall be returned to the house of origin and referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives.
Conference Committee Clerk.
Rule 4. The conference committee clerk shall be from the house of origin, who shall notify the Secretary of the Senate and the Clerk of the House of Representatives of all scheduled meetings for public posting and shall deliver written notice to each member of the conference committee and the majority and minority leaders of each house indicating the time and place of all scheduled meetings. Conference committees on appropriation bills may use fiscal agency personnel from the same house as the Chairperson for clerks.
Conference Report: Rejection.
Rule 5. If the conference report is rejected by the house of origin, it shall appoint second conferees and notify the other house of its action. The procedure shall then be the same as for an original conference.
If the conference report is rejected by the other house, it shall appoint second conferees, notify the house of origin of its action, and transmit the bill, resolution, or alternative measure to the house of origin. Upon receipt of the bill, resolution, or alternative measure, the house of origin shall appoint second conferees and refer the bill, resolution, or alternative measure to the second conference committee. The procedure shall then be the same as for an original conference.
Disagreement of Conferees.
Rule 6. If the conferees are unable to agree, a report of that fact shall be made to both houses. The report, that the conferees were unable to agree, shall be signed by at least a majority of the conferees of each house who were present and voted in the conference committee meeting to adopt the report. The bill, resolution, or alternative measure, including the original signed conference report that the conferees were unable to agree, and three copies shall be filed in the house of origin. Both houses shall appoint second conferees, and the house of origin shall refer the bill, resolution, or alternative measure to the second conference committee. The procedure shall then be the same as for an original conference.
Second Conference: Failure.
Rule 7. When a second conference committee fails to reach agreement, or when a second conference report is rejected by either house, no further conference is in order.
Power of Conferees.
Rule 8. The conference committee shall not consider any matters other than the matters of difference between the two houses.
For all bills making appropriations, adoption of a substitute by either house shall not open identical provisions contained in the other house-passed version of the bill as a matter of difference; nor shall the adoption of a substitute by either house open provisions not contained in either house version of the bill as a matter of difference.
When the conferees arrive at an agreement on the matters of difference that affects other parts of the bill, resolution, or alternative measure, the conferees may recommend amendments to conform with the agreement. In addition, the conferees may also recommend technical amendments to the other parts of the bill, resolution, or alternative measure, such as, necessary date revisions, adjusting totals, cross-references, misspelling and punctuation corrections, conflict amendments for bills enacted into law, additional anticipated federal or other flow through funding, and corrections to any errors in the bill, resolution, or alternative measure or the title.
Adoption of Conference Report.
Rule 9. Conference reports shall not be subject to amendments or division. The vote on conference reports shall be taken by “yeas” and “nays” and shall require the same number of votes constitutionally required for passage of the bill or adoption of the resolution or alternative measure. Conference reports shall not be considered until they are made available to the public on the Internet; this requirement may, however, be suspended by a house by a majority vote in that house, provided that a copy of the conference report has been made available to each Member.
Conference Reports: Points of Order.
Rule 10. Points of order regarding conference reports shall be decided by the presiding officer, subject to an appeal, which appeal shall be determined by a majority vote. When a conference report is ruled out of order, the conference report is returned to the originating conference committee with instructions to eliminate from the report such matters as have been declared not within the powers of the conferees to consider.
Either House May Recede.
Rule 11. At any time while in possession of the bill, resolution, or alternative measure, either house may recede from its position in whole or in part, and the bill, resolution, or alternative measure upon request may be returned to the other house for that purpose. If this further action is agreed to by both houses, the bill, resolution, or alternative measure shall be referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives.
Correction of Errors.
Rule 12. If errors are found in a bill, resolution, or alternative measure which has been passed or adopted by both houses, the house in which the bill, resolution, or alternative measure originated may make amendments to correct the errors and shall notify the other house of its action. If the corrective amendments are agreed to by the other house, the corrected bill, resolution, or alternative measure shall be referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives.
In addition, the Secretary of the Senate and Clerk of the House of Representatives, as the case may be, shall correct obvious technical errors in the enrolled bill, resolution, or alternative measure, including adjusting totals, misspellings, the omission or redundancy of grammatical articles, cross-references, punctuation, updating bill, resolution, or alternative measure titles, capitalization, citation formats, and plural or singular word forms.
Bills and Joint Resolutions.
Rule 13. Upon introduction, no bill shall include catch lines, a severing clause, or a general repealing clause, as distinguished from a specific or an express repealing clause. The Secretary of the Senate and the Clerk of the House of Representatives shall delete such catch lines and clauses from all bills.
The same joint resolution shall not propose an amendment to the Constitution on more than one subject matter. However, more than one section of the Constitution may be included in the same joint resolution if the subject matter of each section is germane to the proposed amendment.
Yeas and Nays.
Rule 14. The yeas and nays shall be taken and printed in the Journal of the house taking action upon the passage or adoption of any bill, joint resolution, alternative measure, conference report, and amendments made by the other house to a bill, joint resolution, or alternative measure.
No Members Present.
Rule 15. In the event the presiding officer and all members are absent on a day scheduled for meeting, the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, shall call that house to order at the designated time and announce the absence of a quorum. That house shall be declared adjourned until the succeeding legislative day and hour previously designated.
In any event where either or both houses of the Legislature adjourns to a date certain for more than two days, a committee composed of the Majority Leader of the Senate and the Speaker of the House of Representatives may, by a unanimous vote of that committee, convene either or both houses of the Legislature at any time in case of emergency.
If a gubernatorial appointment that is subject to the advice and consent process is made at a time such that 60 days would lapse during an extended recess of the Senate, the Senate Majority Leader may schedule a session of the Senate for the sole purpose of carrying out the Senate’s constitutional duties to advise and consent on gubernatorial appointments. No other action shall be taken by the Senate during session convened under this provision. The Senate Majority Leader shall notify the Secretary of the Senate at least 10 calendar days prior to the date of the scheduled session, and the Secretary of the Senate shall take all reasonable steps to notify the members of the Senate of the scheduled session.
Passage, Adoption, and Enrollment Printing.
Rule 16. Every bill passed or joint resolution or alternative measure adopted by both houses and returned to the house of origin shall forthwith be enrolled and signed by the Secretary of the Senate and the Clerk of the House of Representatives. Enrolled bills shall be presented to the Governor, and enrolled joint resolutions that propose an amendment to the Constitution and alternative measures that propose a different measure upon the same subject as a rejected law proposed by initiative petition shall be filed with the Secretary of State with a certificate attached to the effect that the joint resolution or alternative measure has been adopted by the Senate and House of Representatives, respectively, in accordance with the provisions of the Constitution. If the house having last passed the bill or adopted the joint resolution or alternative measure requests its return and such request is granted or a motion is made in the house of origin to amend errors in the bill, joint resolution, or alternative measure, or to give the bill immediate effect, the enrollment printing shall not occur.
Every bill, joint resolution, alternative measure, or concurrent resolution passed or adopted by either house shall be transmitted to the other house unless a motion for reconsideration is pending.
Immediate Effect.
Rule 17. Whenever both houses, by the constitutional vote, order that a bill take immediate effect, a statement shall be added at the enrollment of the bill in words to this effect: “This act is ordered to take immediate effect.”
Joint Resolutions.
Rule 18. Joint resolutions shall be used for the following purposes:
1. Amendments to the Constitution of Michigan.
2. Ratification of amendments to the Constitution of the United States submitted by the Congress.
3. Matters upon which power is solely vested in the Legislatures of the several states by the Constitution of the United States.
Joint resolutions proposing amendments to the Constitution of Michigan shall require a 2/3 vote of the members elected and serving in each house for adoption. Other joint resolutions shall require a majority of the members elected and serving in each house for adoption. All joint resolutions shall require a record roll call vote.
Veto Override: Filing with Secretary of State.
Rule 19. When a bill is passed by both houses over the objections of the Governor or a bill is not filed by the Governor with the Secretary of State within the constitutionally mandated 14-day period, and the Legislature continues in session, an official enrolled bill with a letter from the house of origin signed by the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, shall be filed with the Secretary of State for a public act number to be assigned. The letter shall certify that the Governor’s veto has been overridden by both houses of the Legislature or that the bill has not been returned within the specified time, as the case may be, in accordance with the provisions of the Constitution.
Section Numbers of Compiled Laws - Amendments.
Rule 20. The title of every bill or alternative measure to amend or repeal existing laws shall be clear and explicit so as to definitely fix what is proposed to be done. Such title shall refer to the act number and the year in which it was passed. If the bill was passed or alternative measure was adopted at an extra session of the Legislature, the title shall designate which extra session.
Such title shall contain the last title of the act it is proposed to amend. However, the short title (e.g., This act shall be known and may be cited as “The revised judicature act of 1961,”) shall be used in acts where it has been defined by legislative enactment. The title shall also contain the chapter, part numbers and compiler’s section numbers, if any, and the year of the compilation containing the same.
Following the passage of a bill or adoption of an alternative measure with a short title, the house other than the house of origin shall replace the short title with the last full title of the act it is proposed to amend or repeal. Other corrective amendments to the title shall be made as may be necessary. The full title and amended title shall be agreed to by both houses.
When an amendment to a bill or alternative measure, or a bill or alternative measure to amend an existing law is printed, words proposed to be added to such law shall be printed in upper case bold type, and the words to be omitted shall be printed in stricken-through type. This style requirement also applies to joint resolutions that amend the Constitution of Michigan.
All bills, joint resolutions, and alternative measures introduced, amendments to joint resolutions and alternative measures, substitute bills, joint resolutions, and alternative measures, and conference committee reports shall be approved as to form and section numbers by the Legislative Service Bureau.
Tie-bars.
Rule 21. A bill, resolution, or alternative measure that is tie-barred to a request number shall not be considered for passage or adoption unless that tie-barred request item has been introduced. No bill, resolution, or alternative measure shall be passed or adopted by either house until the tie-barred item has been designated in the appropriate blank space provided.
Elections in Joint Convention.
Rule 22. Whenever there is an election of any officer in joint convention, the result shall be certified by the President of the Senate and the Speaker of the House of Representatives. The results shall be announced by the presiding officers to their respective houses, printed in the Journal of each house, and communicated to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives.
Legislative Handbook.
Rule 23. The initial appointment of the standing committee members of the two houses shall be printed in their respective Journals as soon as possible after the announcement. The Secretary of the Senate and the Clerk of the House of Representatives shall prepare and have printed a legislative handbook containing these appointments and other information they deem appropriate.
Compensation.
Rule 24. Compensation for members, officers, and employees of the Legislature shall be delivered to the Secretary of the Senate or Clerk of the House of Representatives, as the case may be, and transmitted directly to the payee.
If the office of a member of the Legislature becomes vacant, the compensation for the elected successor shall begin on the date of his or her oath of office.
Committee Expenses.
Rule 25. No committee created by concurrent resolution shall incur expenses in excess of $2,500.00 unless authorized in the resolution creating that committee.
Final Adjournment of Regular Sessions.
Rule 26. In the regular session in each year, this rule for adjournment shall govern.
The Majority Floor Leader of the Senate and/or the Majority Floor Leader of the House of Representatives shall introduce a concurrent resolution providing for an adjournment schedule for the Legislature for that regular session.
Daily Adjournment.
Rule 27. Neither house shall remain in session on any legislative day beyond 12:00 midnight. If either house is in session at 12:00 midnight, the presiding officer shall declare that house adjourned until a fixed hour for meeting on the next legislative day. That house shall stand adjourned until the next fixed meeting time.
Pending Business.
Rule 28. Any business, bill, or joint resolution which has not been defeated by either house shall be considered pending under the provisions of Article 4, Section 13 of the Constitution.
It shall not be in order for either house, by suspension of rules or any other means, to reconsider in a subsequent year the vote by which any business, bill, joint resolution, or veto override was defeated in a previous year unless there is a pending motion to reconsider offered in the odd-numbered year.
Alternative Measures.
Rule 29. If the Legislature rejects a law proposed by initiative petition, the Legislature may propose a different (“alternative”) measure upon the same subject as provided in Article 2, Section 9, of the Michigan Constitution of 1963. An alternative measure shall be labeled “Alternative Measure No. ___ to a law proposed by Initiative Petition”. An alternative measure shall not be considered for a second reading in either house unless a law proposed by initiative petition has been rejected by a house. An alternative measure shall require a majority vote of the members elected and serving in each house for adoption, and the vote shall be by record roll call.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Third Reading of Bills
Senate Bill No. 54, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40104, 40112, and 48703a (MCL 324.40104, 324.40112, and 324.48703a), section 40104 as added by 1995 PA 57, section 40112 as amended by 1996 PA 316, and section 48703a as amended by 2014 PA 281.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 42 Yeas—110
Afendoulis Franz Kosowski Potvin
Banks Gamrat LaFontaine Price
Barrett Garcia Lane Pscholka
Bizon Garrett Lauwers Rendon
Brinks Gay-Dagnogo LaVoy Roberts, B.
Brunner Geiss Leonard Roberts, S.
Bumstead Glardon Leutheuser Robinson
Byrd Glenn Liberati Runestad
Callton Goike Love Rutledge
Canfield Graves Lucido Santana
Chang Greig Lyons Schor
Chatfield Greimel Maturen Sheppard
Chirkun Guerra McBroom Singh
Clemente Heise McCready Smiley
Cochran Hoadley Miller, A. Somerville
Cole Hooker Miller, D. Talabi
Cotter Hovey-Wright Moss Tedder
Courser Howrylak Muxlow Theis
Cox Hughes Neeley Townsend
Crawford Iden Nesbitt Vaupel
Darany Inman Outman VerHeulen
Dianda Irwin Pagan Victory
Dillon Jacobsen Pagel Webber
Driskell Jenkins Pettalia Wittenberg
Durhal Johnson Phelps Yanez
Faris Kelly Plawecki Yonker
Farrington Kesto Poleski Zemke
Forlini Kivela
Nays—0
In The Chair: Cotter
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 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 40112 and 48703a (MCL 324.40112 and 324.48703a), section 40112 as amended by 1996 PA 316 and section 48703a as amended by 2014 PA 281.
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.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Senate Bill No. 55, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111c (MCL 324.40111c), as added by 2008 PA 301.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 43 Yeas—110
Afendoulis Franz Kosowski Potvin
Banks Gamrat LaFontaine Price
Barrett Garcia Lane Pscholka
Bizon Garrett Lauwers Rendon
Brinks Gay-Dagnogo LaVoy Roberts, B.
Brunner Geiss Leonard Roberts, S.
Bumstead Glardon Leutheuser Robinson
Byrd Glenn Liberati Runestad
Callton Goike Love Rutledge
Canfield Graves Lucido Santana
Chang Greig Lyons Schor
Chatfield Greimel Maturen Sheppard
Chirkun Guerra McBroom Singh
Clemente Heise McCready Smiley
Cochran Hoadley Miller, A. Somerville
Cole Hooker Miller, D. Talabi
Cotter Hovey-Wright Moss Tedder
Courser Howrylak Muxlow Theis
Cox Hughes Neeley Townsend
Crawford Iden Nesbitt Vaupel
Darany Inman Outman VerHeulen
Dianda Irwin Pagan Victory
Dillon Jacobsen Pagel Webber
Driskell Jenkins Pettalia Wittenberg
Durhal Johnson Phelps Yanez
Faris Kelly Plawecki Yonker
Farrington Kesto Poleski Zemke
Forlini Kivela
Nays—0
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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
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.
Senate Bill No. 53, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1 and 5o (MCL 28.421 and 28.425o), section 1 as amended by 2014 PA 203 and section 5o as amended by 2014 PA 206.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 44 Yeas—73
Afendoulis Gamrat Kesto Pagan
Barrett Garcia LaFontaine Pagel
Bizon Gay-Dagnogo Lane Phelps
Brunner Glardon Lauwers Poleski
Callton Glenn LaVoy Price
Canfield Goike Leonard Pscholka
Chatfield Graves Leutheuser Roberts, B.
Chirkun Greimel Liberati Runestad
Cochran Guerra Lucido Sheppard
Cotter Heise Lyons Smiley
Courser Howrylak Maturen Somerville
Cox Hughes McBroom Tedder
Crawford Iden McCready Theis
Dianda Inman Miller, A. Vaupel
Driskell Jacobsen Miller, D. VerHeulen
Faris Jenkins Muxlow Victory
Farrington Johnson Nesbitt Webber
Forlini Kelly Outman Yonker
Franz
Nays—37
Banks Garrett Love Rutledge
Brinks Geiss Moss Santana
Bumstead Greig Neeley Schor
Byrd Hoadley Pettalia Singh
Chang Hooker Plawecki Talabi
Clemente Hovey-Wright Potvin Townsend
Cole Irwin Rendon Wittenberg
Darany Kivela Roberts, S. Yanez
Dillon Kosowski Robinson Zemke
Durhal
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 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 5b, and 5o (MCL 28.421, 28.425b, and 28.425o), as amended by 2015 PA 3.
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. Hooker, 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 fully support concealed carry by trained individuals and only oppose limiting that carry to only certain individuals. Open carry is allowed and with the additional training CCW trained individuals are more qualified than others. This is why I voted no.”
Rep. Pettalia, 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 not be creating another special group of individuals with additional rights, but we should be upholding the Second Amendment to the United States Constitution for everyone.”
House Bill No. 4015, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 465 (MCL 750.465).
The bill was read a third time.
The question being on the passage of the bill,
Rep. Singh moved to amend the bill as follows:
1. Amend page 3, following line 27, by inserting:
“(2) A PERSON SHALL NOT KNOWINGLY SELL, GIVE, TRANSFER, USE, DISTRIBUTE, OR POSSESS WITH THE INTENT TO DISTRIBUTE SOFTWARE THAT IS PRIMARILY DESIGNED OR PRODUCED FOR THE PURPOSE OF INTERFERING WITH THE TICKET SALE OPERATIONS OF ANY OWNER, LESSEE, OPERATOR, OR MANAGER OF A CIRCUS, THEATER, ATHLETIC GROUNDS, OR PLACE OF PUBLIC ENTERTAINMENT OR AMUSEMENT OVER THE INTERNET BY CIRCUMVENTING ANY MEASURES OR CONTROLS ON THE SELLER’S WEBSITE THAT ARE INSTITUTED TO ENSURE AN EQUITABLE SALE PROCESS.” and renumbering the remaining subsection.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 45 Yeas—70
Barrett Geiss Kivela Pettalia
Bizon Glenn Kosowski Poleski
Bumstead Goike LaFontaine Potvin
Canfield Graves Lauwers Pscholka
Chatfield Greig LaVoy Rendon
Cole Greimel Leonard Roberts, B.
Cotter Heise Leutheuser Robinson
Courser Hooker Liberati Runestad
Cox Howrylak Lucido Singh
Crawford Hughes Lyons Somerville
Dianda Iden Maturen Tedder
Durhal Inman McBroom Theis
Farrington Irwin Miller, A. Townsend
Forlini Jacobsen Miller, D. Vaupel
Franz Jenkins Muxlow Victory
Gamrat Johnson Nesbitt Webber
Garcia Kelly Outman Yanez
Gay-Dagnogo Kesto
Nays—40
Afendoulis Darany Love Rutledge
Banks Dillon McCready Santana
Brinks Driskell Moss Schor
Brunner Faris Neeley Sheppard
Byrd Garrett Pagan Smiley
Callton Glardon Pagel Talabi
Chang Guerra Phelps VerHeulen
Chirkun Hoadley Plawecki Wittenberg
Clemente Hovey-Wright Price Yonker
Cochran Lane Roberts, S. Zemke
In The Chair: Leonard
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. 4295, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2014 PA 192.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Kesto moved to amend the bill as follows:
1. Amend page 4, line 2, after “effect” by striking out the balance of the enacting section and inserting “July 1, 2015.”.
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 46 Yeas—90
Afendoulis Forlini Kosowski Phelps
Barrett Franz LaFontaine Poleski
Bizon Gamrat Lane Potvin
Brinks Garcia Lauwers Price
Brunner Geiss LaVoy Pscholka
Bumstead Glardon Leonard Rendon
Callton Glenn Leutheuser Roberts, B.
Canfield Goike Liberati Runestad
Chatfield Graves Lucido Rutledge
Chirkun Greimel Lyons Schor
Clemente Guerra Maturen Sheppard
Cochran Heise McBroom Singh
Cole Hooker McCready Smiley
Cotter Howrylak Miller, A. Somerville
Courser Hughes Miller, D. Tedder
Cox Iden Moss Theis
Crawford Inman Muxlow Vaupel
Darany Jacobsen Nesbitt VerHeulen
Dianda Jenkins Outman Victory
Dillon Johnson Pagan Webber
Driskell Kelly Pagel Yonker
Faris Kesto Pettalia Zemke
Farrington Kivela
Nays—20
Banks Gay-Dagnogo Love Santana
Byrd Greig Neeley Talabi
Chang Hoadley Plawecki Townsend
Durhal Hovey-Wright Roberts, S. Wittenberg
Garrett Irwin Robinson Yanez
In The Chair: Leonard
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
Senate Bill No. 18, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 2120a.
The bill was read a second time.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 19, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2014 PA 535.
The bill was read a second time.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4017, entitled
A bill to amend 2000 PA 92, entitled “Food law,” (MCL 289.1101 to 289.8111) by amending the title and by adding section 5104.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Agriculture,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Farrington moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4134, entitled
A bill to amend 1965 PA 290, entitled “Boiler act of 1965,” by amending sections 2 and 13d (MCL 408.752 and 408.763d), as amended by 2013 PA 167.
The bill was read a second time.
Rep. Barrett moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4060, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 275b.
The bill was read a second time.
Rep. Hughes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4193, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 227 and 328 (MCL 257.227 and 257.328), section 227 as amended by 2011 PA 92 and section 328 as amended by 2004 PA 52.
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.
House Bill No. 4224, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 240 and 438 (MCL 500.240 and 500.438), section 240 as amended by 2000 PA 252 and section 438 as amended by 1994 PA 227.
The bill was read a second time.
Rep. Barrett moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4041, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57b (MCL 400.57b), as amended by 2011 PA 131.
The bill was read a second time.
Rep. Liberati moved to amend the bill as follows:
1. Amend page 4, line 13, after “(6)” by striking out the balance of the line through “GROUP.” on line 21 and inserting “IN ORDER TO RECEIVE FAMILY INDEPENDENCE PROGRAM ASSISTANCE, ALL SCHOOL‑AGED MEMBERS OF A FAMILY INDEPENDENCE PROGRAM ASSISTANCE GROUP MUST MEET THE ATTENDANCE REQUIREMENTS OF SECTION 1561 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1561. IF A MEMBER OF THE FAMILY INDEPENDENCE PROGRAM ASSISTANCE GROUP DOES NOT MEET THE ATTENDANCE REQUIREMENTS OF SECTION 1561 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1561, THE CHILD WHO DOES NOT MEET THOSE ATTENDANCE REQUIREMENTS SHALL BE REMOVED FROM THE PROGRAM GROUP.”.
The question being on the adoption of the amendment offered by Rep. Liberati,
Rep. Liberati demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Liberati,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 47 Yeas—47
Banks Faris Kosowski Robinson
Brinks Garrett Lane Rutledge
Brunner Gay-Dagnogo LaVoy Santana
Byrd Geiss Liberati Schor
Chang Greig Love Singh
Chirkun Greimel Miller, D. Smiley
Cochran Guerra Moss Talabi
Darany Hoadley Neeley Townsend
Dianda Hovey-Wright Pagan Wittenberg
Dillon Howrylak Phelps Yanez
Driskell Irwin Plawecki Zemke
Durhal Kivela Roberts, S.
Nays—63
Afendoulis Gamrat LaFontaine Potvin
Barrett Garcia Lauwers Price
Bizon Glardon Leonard Pscholka
Bumstead Glenn Leutheuser Rendon
Callton Goike Lucido Roberts, B.
Canfield Graves Lyons Runestad
Chatfield Heise Maturen Sheppard
Clemente Hooker McBroom Somerville
Cole Hughes McCready Tedder
Cotter Iden Miller, A. Theis
Courser Inman Muxlow Vaupel
Cox Jacobsen Nesbitt VerHeulen
Crawford Jenkins Outman Victory
Farrington Johnson Pagel Webber
Forlini Kelly Pettalia Yonker
Franz Kesto Poleski
In The Chair: Leonard
Rep. Talabi moved to amend the bill as follows:
1. Amend page 4, following line 25, by inserting:
“(7) IN IMPLEMENTING AND ADMINISTERING THE PROGRAM DESCRIBED IN SUBSECTION (6), THE DEPARTMENT SHALL DO ALL OF THE FOLLOWING:
(A) ATTEMPT TO RESOLVE THE NONCOMPLIANCE WITH THE PARENT OR ADULT MEMBER OF THE PROGRAM GROUP. THE DEPARTMENT SHALL PROVIDE WRITTEN DOCUMENTATION OF THE EFFORTS MADE TO RESOLVE THE NONCOMPLIANCE.
(B) PROVIDE AN EXCEPTION FROM THE PROGRAM DESCRIBED IN SUBSECTION (6) IF THE PROGRAM GROUP CAN SHOW THAT THERE WAS GOOD CAUSE FOR THE NONCOMPLIANCE.
(C) PROVIDE FOR AN APPEALS PROCESS AS DESCRIBED IN SECTION 37 FOR A DETERMINATION MADE UNDER SUBSECTION (6).”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Pscholka moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Franz to the Chair.
Introduction of Bills
Reps. McCready, Zemke, Heise, Webber, Sheppard, Muxlow, Tedder, Greig, Kesto, Schor, Aaron Miller, LaVoy, Crawford, Glardon, Hooker, Yonker, Singh, Hughes, Victory, Dillon and Price introduced
House Bill No. 4388, 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 Education.
Reps. Pagel, Victory, Brett Roberts, Pscholka, Kelly, Price, Maturen and Faris introduced
House Bill No. 4389, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4a.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Tedder, Chatfield, Runestad, Barrett, Pettalia, Theis, Pscholka, Sheppard, Hooker, Kelly, Victory, Webber, Rendon, Muxlow, Iden, Callton, Cole, Brinks, Schor, Vaupel, Dillon, Greimel, Jenkins, Johnson and Potvin introduced
House Bill No. 4390, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2014 PA 293.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Lauwers introduced
House Bill No. 4391, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8307a, 8310, 8310a, 8312, 8313, 8317, 8504, 8505, and 8506 (MCL 324.8307a, 324.8310, 324.8310a, 324.8312, 324.8313, 324.8317, 324.8504, 324.8505, and 324.8506), section 8307a as added and sections 8312 and 8313 as amended by 2002 PA 418, section 8310 as amended and section 8310a as added by 2008 PA 18, section 8317 as amended by 2012 PA 316, sections 8504 and 8505 as amended by 2014 PA 178, and section 8506 as amended by 2006 PA 503.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Lauwers introduced
House Bill No. 4392, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8307a, 8310, 8310a, 8312, 8313, 8317, 8504, 8505, and 8506 (MCL 324.8307a, 324.8310, 324.8310a, 324.8312, 324.8313, 324.8317, 324.8504, 324.8505, and 324.8506), section 8307a as added and sections 8312 and 8313 as amended by 2002 PA 418, section 8310 as amended and section 8310a as added by 2008 PA 18, section 8317 as amended by 2012 PA 316, sections 8504 and 8505 as amended by 2014 PA 178, and section 8506 as amended by 2006 PA 503.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Glenn introduced
House Bill No. 4393, entitled
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9e.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Rep. Glenn introduced
House Bill No. 4394, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 553a, 632, 1231, 1233, 1233b, 1235, 1237, 1473, and 1531f (MCL 380.553a, 380.632, 380.1231, 380.1233, 380.1233b, 380.1235, 380.1237, 380.1473, and 380.1531f), section 553a as amended by 2011 PA 277, section 632 as amended by 2007 PA 107, section 1231 as amended by 2002 PA 735, section 1233 as amended by 2000 PA 288, section 1233b as amended by 1995 PA 289, section 1237 as added by 2000 PA 387, section 1473 as amended by 2000 PA 230, and section 1531f as added by 2010 PA 168.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Glenn introduced
House Bill No. 4395, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 21f, 22f, 32d, 98, 101, 107, and 163 (MCL 388.1606, 388.1621f, 388.1622f, 388.1632d, 388.1698, 388.1701, 388.1707, and 388.1763), as amended by 2014 PA 196.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Heise, Schor, Zemke, Aaron Miller, Webber, Pagel, Howrylak, Kelly, Kesto, Crawford, Irwin, Brinks, Faris, Geiss, Singh, Vaupel, Tedder and Kosowski introduced
House Bill No. 4396, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1284b (MCL 380.1284b), as amended by 2006 PA 235.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Darany and Santana introduced
House Bill No. 4397, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 1060 (MCL 450.2060), as amended by 2012 PA 315.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Kosowski and Santana introduced
House Bill No. 4398, entitled
A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 410 (MCL 451.2410), as amended by 2012 PA 307.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Love, Santana and Kosowski introduced
House Bill No. 4399, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 1101 (MCL 450.5101), as amended by 2012 PA 310.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Jenkins introduced
House Bill No. 4400, entitled
A bill to amend 1937 PA 284, entitled “An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers’ proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act,” by amending section 3 (MCL 287.123), as amended by 2012 PA 317.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. VerHeulen introduced
House Bill No. 4401, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2013 PA 137.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Schor, Muxlow, Glenn, Leutheuser, Pagel, Kelly, Greig, Canfield, LaVoy, Guerra, Pagan, Howrylak, Gay-Dagnogo, Faris, Price and Tedder introduced
House Bill No. 4402, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1281b.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Kosowski introduced
House Bill No. 4403, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16185a.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Johnson, Glenn, Kelly, LaVoy, Webber, Gamrat, Courser, Graves, Runestad, Canfield, Chatfield, Cole, Greimel, Santana, Hooker, Goike, Kivela, McBroom, Driskell, Sheppard, Brinks, Dillon, Pagan, Bumstead, Somerville, Smiley, Brunner, Dianda and Zemke introduced
House Joint Resolution M, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 13 of article IV, to provide for the end of the legislative session at certain times in certain years.
The joint resolution was read a first time by its title and referred to the Committee on Government Operations.
______
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 and joint resolutions had been printed and placed upon the files of the members on Wednesday, March 25:
House Bill Nos. 4366 4367 4368 4369 4370 4371 4372 4373 4374 4375 4376 4377 4378 4379
4380 4381 4382 4383 4384 4385 4386 4387
House Joint Resolution L
Senate Bill Nos. 225 226 227 228 229 230 231 234
Senate Joint Resolution I
The Clerk announced that the following Senate bills had been received on Wednesday, March 25:
Senate Bill Nos. 85 173
Reports of Standing Committees
The Committee on Appropriations, by Rep. Pscholka, Chair, reported
House Bill No. 4101, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
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. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Gamrat, Inman, Aaron Miller, Santana, Dillon, Irwin, Banks, Singh, Yanez, Zemke, Hoadley and Pagan
Nays: None
The Committee on Appropriations, by Rep. Pscholka, Chair, reported
House Bill No. 4363, entitled
A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending section 10 (MCL 338.980), as amended by 2012 PA 312.
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. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Gamrat, Inman, Aaron Miller, Santana and Hoadley
Nays: Reps. Dillon, Irwin, Sarah Roberts, Banks, Yanez and Pagan
The Committee on Appropriations, by Rep. Pscholka, Chair, reported
House Bill No. 4364, entitled
A bill to amend 2002 PA 733, entitled “State plumbing act,” by amending section 31 (MCL 338.3541), as amended by 2012 PA 311.
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. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Gamrat, Inman, Aaron Miller, Santana and Hoadley
Nays: Reps. Dillon, Irwin, Sarah Roberts, Banks, Yanez and Pagan
The Committee on Appropriations, by Rep. Pscholka, Chair, reported
House Bill No. 4382, entitled
A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3 (MCL 338.883), as amended by 2012 PA 313.
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. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Gamrat, Inman, Aaron Miller, Santana and Hoadley
Nays: Reps. Dillon, Irwin, Sarah Roberts, Banks, Yanez and Pagan
The Committee on Appropriations, by Rep. Pscholka, Chair, reported
House Bill No. 4383, entitled
A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending section 13 (MCL 338.2313), as amended by 2012 PA 314.
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. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Gamrat, Inman, Aaron Miller, Santana and Hoadley
Nays: Reps. Dillon, Irwin, Sarah Roberts, Banks, Yanez and Pagan
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Pscholka, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, March 25, 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
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
Senate Bill No. 81, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40.
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, Chatfield, Glenn, Iden, Webber, Clemente, LaVoy and Byrd
Nays: Reps. Howrylak 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, March 25, 2015
Present: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd
The Committee on Agriculture, by Rep. Lauwers, Chair, reported
House Bill No. 4175, entitled
A bill to amend 1994 PA 351, entitled “Equine activity liability act,” by amending section 5 (MCL 691.1665).
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. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Courser, Brett Roberts, Sheppard and Vaupel
Nays: Reps. Brunner, Darany, Talabi and Garrett
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lauwers, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, March 25, 2015
Present: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Courser, Brett Roberts, Sheppard, Vaupel, Brunner, Darany, Talabi, Driskell, LaVoy and Garrett
The Committee on Elections, by Rep. Lyons, Chair, reported
House Bill No. 4271, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 570a (MCL 168.570a).
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. Lyons, Leutheuser, Heise, Jacobsen, Kesto and Driskell
Nays: Reps. Irwin and Hoadley
The Committee on Elections, by Rep. Lyons, Chair, reported
House Bill No. 4272, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 642 (MCL 168.642), as amended by 2013 PA 51.
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. Lyons, Leutheuser, Heise, Jacobsen, Kesto and Driskell
Nays: Reps. Irwin and Hoadley
The Committee on Elections, by Rep. Lyons, Chair, reported
House Bill No. 4273, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2005 PA 71.
With the recommendation that the substitute (H-3) 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 and Driskell
Nays: Reps. Irwin and Hoadley
The Committee on Elections, by Rep. Lyons, Chair, reported
House Bill No. 4274, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 970e (MCL 168.970e), as added by 2012 PA 417.
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. Lyons, Leutheuser, Heise, Jacobsen, Kesto and Driskell
Nays: Reps. Irwin and Hoadley
The Committee on Elections, by Rep. Lyons, Chair, reported
House Bill No. 4276, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 963 (MCL 168.963), as amended by 2012 PA 417.
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. Lyons, Leutheuser, Heise, Jacobsen, Kesto and Driskell
Nays: Reps. Irwin and Hoadley
The Committee on Elections, by Rep. Lyons, Chair, reported
House Bill No. 4385, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 322 (MCL 168.322), as amended by 2012 PA 276.
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 and Driskell
Nays: Reps. Irwin and Hoadley
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lyons, Chair, of the Committee on Elections, was received and read:
Meeting held on: Wednesday, March 25, 2015
Present: Reps. Lyons, Leutheuser, Heise, Jacobsen, Kesto, Driskell, Irwin and Hoadley
The Committee on Regulatory Reform, by Rep. Franz, Chair, reported
House Bill No. 4245, entitled
A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending sections 7, 9, and 12 (MCL 338.2307, 338.2309, and 338.2312), section 9 as amended by 2013 PA 150.
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. Franz, Brett Roberts, Yonker, Kesto, Lauwers, Courser, Crawford, Garcia, Iden, 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, March 25, 2015
Present: Reps. Franz, Brett Roberts, Yonker, Kesto, Lauwers, Courser, Crawford, Garcia, Iden, Dianda, Darany, Schor, Chirkun and Moss
Absent: Rep. Lane
Excused: Rep. Lane
The Committee on Financial Liability Reform, by Rep. Somerville, Chair, reported
House Bill No. 4331, entitled
A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 3, 4, and 7 (MCL 141.933, 141.934, and 141.937), as amended by 2012 PA 284.
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. Somerville, Leutheuser, Farrington, LaFontaine, Lyons, Poleski and Faris
Nays: None
The Committee on Financial Liability Reform, by Rep. Somerville, Chair, reported
House Bill No. 4332, entitled
A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 2012 PA 287.
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. Somerville, Leutheuser, Farrington, LaFontaine, Lyons, Poleski, Wittenberg, Faris and Chirkun
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Somerville, Chair, of the Committee on Financial Liability Reform, was received and read:
Meeting held on: Wednesday, March 25, 2015
Present: Reps. Somerville, Leutheuser, Farrington, LaFontaine, Lyons, Poleski, Wittenberg, Faris and Chirkun
The Committee on Local Government, by Rep. Chatfield, Chair, reported
House Bill No. 4168, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 42a (MCL 211.42a), as amended by 2012 PA 461.
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. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner, Rutledge and Neeley
Nays: None
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, March 25, 2015
Present: Reps. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner, Rutledge and Neeley
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, March 25, 2015
Present: Reps. Nesbitt, Glenn, Jacobsen, LaFontaine, McBroom, Outman, Pettalia, Hughes, Barrett, Cole, Lucido, Maturen, Brett Roberts, Sheppard, Webber, LaVoy, Brunner, Dianda, Kivela, Kosowski, Byrd, Garrett, Derek Miller and Plawecki
Absent: Rep. Lane
Excused: Rep. Lane
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, March 25, 2015
Present: Reps. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright, Talabi and 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, March 25, 2015
Present: Reps. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love
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, March 25, 2015
Present: Reps. Rendon, Goike, Forlini, Pettalia, Cole, Smiley, Brinks and Gay-Dagnogo
Messages from the Senate
House Bill No. 4051, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2014 PA 240.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 85, entitled
A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms,” by amending the title and sections 1, 2, 3, and 4 (MCL 123.1101, 123.1102, 123.1103, and 123.1104).
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. 173, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11r, 20, 20g, and 22a (MCL 388.1611, 388.1611r, 388.1620, 388.1620g, and 388.1622a), sections 11 and 22a as amended by 2015 PA 5 and sections 20 and 20g as amended and section 11r as added by 2014 PA 196.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Notices
March 25, 2015
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
State Capitol Building
Lansing, MI 48913
Dear Mr. Clerk:
Pursuant to MCL 390.1665, I am appointing Mark J. Johnston of Saginaw, MI to the Saginaw Promise Zone Authority Board for the term of March 25, 2015 to March 24, 2019.
Sincerely,
Kevin Cotter
Speaker of the House
99th District
______
Rep. Phelps moved that the House adjourn.
The motion prevailed, the time being 3:25 p.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Thursday, March 26, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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