No. 42

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Tuesday, May 5, 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—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

Rep. Lisa Posthumus Lyons, from the 86th District, offered the following invocation:

“Father, thank You for this day that You have made. Let us all rejoice and be glad! We are so grateful to live in and lead a state so wonderfully blessed as ours, where You leave Your creative signature everywhere: from the Great Lakes to the wood lands, swamps, and streams to the rolling fields.

We come today as a group of people with servants’ hearts. Give us strength and wisdom as we seek to steer this state and her people into prosperity.

This is Your world, Father, and You have given us dominion over it. You call us to serve and lift up one another. Please help us to remember and heed this call, and by doing so, Your love lives and Your light shines.

We pray for our sweet children of this state, especially those who everyday face abuse and neglect. Let the work we do and the example we set here, in our homes, and in our communities be a ray of hope so that all Your precious children know Your love. We pray for those experiencing a season of pain and strife. Let them find joy in their suffering through Your love, mercy, and provision. And we pray for those who are in a time of great abundance and peace, where life seems as it should be. Let the Holy Spirit fill their hearts with thanks to You, Who pours out Your rich blessings upon them.

We pray for those serving and working in this chamber, and their families. Remind us that we are united in our love for Michigan- for freedom and liberty, for peace and prosperity, and for humbly serving and loving others. These virtues are so much greater than the forces that work to divide us.

And Father, we pray for our troops- the brave men and women that have come before us and those who serve now- who fought for and defend the freedom that we are so blessed to experience; who are willing to lay down their own lives for this one nation under God. May they and their families know of our gratitude for their service and sacrifice.

Finally, we pray for Michigan and all her people. Let Your love, grace, and mercy smother this state.

As we herald Michigan as the Come Back State, let us remember that Your son is the Come Back King. It is You, through Jesus Christ, Who makes all things new. We take comfort in that while we are broken people living in a broken world, You will redeem us and restore the Earth. Until that time and after, we give You all the glory and all the honor. In Your name,

Amen.”

______

The Speaker assumed the Chair.

Motions and Resolutions

Reps. LaFontaine, Crawford, Driskell, Faris, Greig, Hovey-Wright, Howrylak, Hughes, Kelly, LaVoy, Maturen, Nesbitt, Poleski, Sarah Roberts and Singh offered the following resolution:

House Resolution No. 72.

A resolution to declare May 2015 as Lyme Disease Awareness Month in the state of Michigan.

Whereas, The summer months call people to Michigan’s outdoors to camp, hike, and otherwise enjoy the beauty of our lush green forests. It is appropriate to remind residents to take proper precautions and follow safety rules when visiting our woodlands. In recent years, Lyme disease has been a health concern among outdoor enthusiasts. We urge Michigan residents to be aware of the prevention, early signs and symptoms, and treatment of Lyme disease; and

Whereas, An illness caused by the painless bite of a tiny deer tick, Lyme disease can cause serious health problems involving the heart, joints, and nervous system in humans and animals. Prompt medical attention will minimize complications of this illness. Early symptoms present as headaches, stiff muscles, painful joints, fever, nausea and fatigue. Usually within a few days to several weeks of being bitten by an infected tick, about 60 percent may develop a circular rash. However, if no rash is detected, early detection of the disease can be difficult because symptoms can mimic other illnesses, then disappear and reoccur as serious health problems which places the patient at high risk for misdiagnosis; and

Whereas, First recognized in children in 1975 in Lyme, Connecticut, this disease has been reported with increasing frequency throughout the United States. The Centers for Disease Control and Prevention (CDC) estimates 300,000 cases of Lyme disease occur nationally each year. It is imperative the citizens of Michigan be fully informed about Lyme disease and the serious health complications it can cause. We salute the Michigan Lyme Disease Association and the Michigan Department of Community Health for their efforts in promoting the state‘s awareness, knowledge, prevention and treatment of Lyme disease; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 2015 as Lyme Disease Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Derek Miller, Lane, Chirkun, Dianda, Moss, Plawecki, Wittenberg, Faris, Schor, Rutledge, Guerra, Hovey-Wright, Farrington, Sheppard, Lucido, Canfield, Kesto, Vaupel, Iden, LaVoy, Liberati, Hoadley, Dillon, Clemente, Phelps, Sarah Roberts, Smiley, Forlini, Singh, Brunner, Pscholka, Townsend, Kosowski, Pagan, Brinks, Greimel, Geiss, Irwin, Greig, Robinson, Chang, Crawford, Driskell, Howrylak, Hughes, Kelly, Maturen, Poleski and Webber offered the following resolution:

House Resolution No. 73.

A resolution to declare May 2015 as Amyotrophic Lateral Sclerosis (ALS) Awareness Month in the state of Michigan.

Whereas, Amyotrophic Lateral Sclerosis, often known as Lou Gehrig’s Disease, is a neurodegenerative disease that affects muscle control in the body; and

Whereas, Amyotrophic Lateral Sclerosis is caused by motor neuron degeneration of the brain and spinal cord; and

Whereas, The symptoms of this rapidly advancing disease can include difficulty, and possibly the inability, to walk, speak, eat and even breathe; and

Whereas, Approximately 5,600 people in the U.S. are diagnosed with Amyotrophic Lateral Sclerosis every year; and

Whereas, Amyotrophic Lateral Sclerosis occurs in two per 100,000 people; and

Whereas, Life expectancy of those with Amyotrophic Lateral Sclerosis averages between two to five years from the date of diagnosis; and

Whereas, There is currently no known treatment or cure for Amyotrophic Lateral Sclerosis; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 2015 as Amyotrophic Lateral Sclerosis (ALS) Awareness Month in the state of Michigan. We urge increased public awareness of this progressive neurodegenerative disease that affects muscle control in the body.

The question being on the adoption of the resolution,

Rep. Derek Miller moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 73.

A resolution to declare May 2015 as Amyotrophic Lateral Sclerosis (ALS) Awareness Month in the state of Michigan.

Whereas, Amyotrophic Lateral Sclerosis, often known as Lou Gehrig’s Disease, is a neurodegenerative disease that affects muscle control in the body; and

Whereas, Amyotrophic Lateral Sclerosis is caused by motor neuron degeneration of the brain and spinal cord; and

Whereas, The symptoms of this rapidly advancing disease can include difficulty, and possibly the inability, to walk, speak, eat and even breathe; and

Whereas, Approximately 5,600 people in the U.S. are diagnosed with Amyotrophic Lateral Sclerosis every year; and

Whereas, Amyotrophic Lateral Sclerosis occurs in two per 100,000 people; and

Whereas, Life expectancy of those with Amyotrophic Lateral Sclerosis averages between two to five years from the date of diagnosis; and

Whereas, There is currently no cure for Amyotrophic Lateral Sclerosis; now, therefore, be it

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. Victory, Pagel, Brett Roberts, Kivela, Dianda, Potvin, Plawecki, Zemke, Hooker, Irwin, Singh, Garcia, Driskell, Greig, LaVoy and Sarah Roberts offered the following resolution:

House Resolution No. 74.

A resolution to encourage Michigan’s colleges and universities to promote globally comprehensive education as a part of curricular and extracurricular life.

Whereas, The world is increasingly interconnected, economically, politically, and environmentally. Our country’s national security, economic interests, competitiveness, and Michigan’s future economic success rely significantly on the globally comprehensive education of our future leaders; and

Whereas, Education plays a key role in expanding American students’ horizons and heightening global awareness and expertise. Michigan’s colleges and universities are uniquely suited to develop this awareness and expertise through foreign language study, study abroad, and faculty exchange programs. Cross-cultural learning and international experience are key components of a diverse educational environment, enhancing both academic and social programs, and preparing our students for life and work in the global economy; and

Whereas, International students also play a vital role by enhancing global awareness and diversity on the campuses of our colleges and universities, where future leaders are cultivated. Foreign students who come to our state for educational opportunities also contribute to our economy. The net economic impact of those students and their families to the state was estimated at about $927 million in 2013-2014. State and national strategies are needed to ensure our status as a magnet for international students and scholars; now, therefore, be it

Resolved by the House of Representatives, That we encourage Michigan’s colleges and universities to promote globally comprehensive education as a part of curricular and extracurricular life to ensure that students and future leaders are prepared to meet the challenges of a global economy; and be it further

Resolved, That copies of this resolution be transmitted to the President’s Council, State Universities of Michigan, and the Association of Independent Colleges and Universities of Michigan.

The resolution was referred to the Committee on Education.

Reps. Crawford, Hooker, Brett Roberts, Chatfield, McBroom, Price, Hughes, Runestad, Rendon, Yonker, Aaron Miller, Iden, Jenkins, Webber, Hovey-Wright, Robinson, Hoadley, Neeley, Greig, Wittenberg, Pagan, Tedder, Geiss, Brinks, Chirkun, Rutledge, Darany, Singh, Franz, Garcia, Goike, Pscholka, Outman, Bizon, Muxlow, Pagel, Poleski, Courser, Callton, Canfield, Afendoulis, Glenn, Nesbitt, VerHeulen, LaFontaine, Johnson, Dianda, Gay-Dagnogo, Potvin, Zemke, Kesto, Driskell, Faris, Howrylak, Kelly, LaVoy, Maturen and Sarah Roberts offered the following resolution:

House Resolution No. 75.

A resolution to declare June 2, 2015, as Older Michiganians Day in the state of Michigan.

Whereas, Over 1.5 million Michiganians age 60 and over deserve our utmost respect and gratitude for their many contributions to our communities and our state. Older citizens play a vital role in cities and towns all across our great state; and

Whereas, Older Michiganians are active supporters of Michigan’s economy, workforce, charities, religious institutions, local communities, and institutions of government. This group is one of our state’s greatest resources of understanding our past and improving our future. They are truly a foundation upon which we can build a better tomorrow; and

Whereas, This invaluable group of citizens is being honored and admired for their many years of service to the state of Michigan. They have been an indispensable source of knowledge and inspiration throughout the years; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 2, 2015, as Older Michiganians Day in the state of Michigan.

The resolution was referred to the Committee on Families, Children, and Seniors.

Reps. Singh, Driskell, Faris, Greig, Hovey-Wright, Hughes, Kelly, LaVoy, Maturen, Moss, Pagan and Sarah Roberts offered the following resolution:

House Resolution No. 76.

A resolution to declare May 6-12, 2015, as Nurses Week in the state of Michigan.

Whereas, May 6-12, 2015, is recognized as National Nurses Week, beginning with International Nurses Day on May 6 and ending with the birthday of Florence Nightingale, the founder of modern nursing, on May 12; and

Whereas, Nurses are the largest segment of the healthcare workforce and the professionals who provide the most direct and continuous care to people of every age; and

Whereas, Nurses are globally recognized for their commitment to advocating for their patients and refusing to compromise their high standards for safe, high-quality patient care; and

Whereas, Nurses are educated experts who perform the demanding and complex job of caring for the sick and injured every day, often under very difficult conditions; and

Whereas, Nurses make valuable contributions to advancing our health and safety by promoting prevention and healthy behaviors among Michigan residents; and

Whereas, Nurses fight for safe patient care and adequate and appropriate staffing to ensure safe, quality treatment and recovery for patients; and

Whereas, Each year the demand for nursing services will increase because of the aging of the population, development of life-sustaining technology, the growth of home care services, and successful efforts to expand access to care; and

Whereas, Nurses in Michigan fight for the health, safety, and human rights not only of the sick, but also of the elderly, the young, those with disabilities, the injured, the economically disadvantaged, and the most vulnerable among us; and

Whereas, Nurses advocate for their patients at the bedside and beyond, working to create a world in which all people can be safe, healthy, and prosperous; and

Whereas, Under the leadership of the Michigan Nurses Association, registered nurses across Michigan are committed to enhancing and protecting the nursing profession; now, therefore, be it

Resolved by the House of Representative, That the members of this legislative body declare May 6-12, 2015, as Nurses Week in the state of Michigan. We convey respect and gratitude for the work of nurses every day throughout our state and urge all residents to do so year-round, and be it further

Resolved, That we support nurses’ ability to provide safe patient care and developing and maintaining a thriving nursing workforce is of concern to all Michigan residents and honor their work and dedication of nurses around the world and right here in Michigan.

The question being on the adoption of the resolution,

Rep. Singh moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 76.

A resolution to declare May 6-12, 2015, as Nurses Week in the state of Michigan.

Whereas, May 6-12, 2015, is recognized as National Nurses Week, beginning with National Nurses Day on May 6 and ending with the birthday of Florence Nightingale, the founder of modern nursing, on May 12; and

Whereas, Nurses are the largest segment of the healthcare workforce and the professionals who provide the most direct and continuous care to people of every age; and

Whereas, Nurses are globally recognized for their commitment to advocating for their patients and refusing to compromise their high standards for safe, high-quality patient care; and

Whereas, Nurses are educated professionals who perform the demanding and complex job of caring for the sick and injured every day, often under very difficult conditions; and

Whereas, Nurses make valuable contributions to advancing our health and safety by promoting prevention and healthy behaviors among Michigan residents; and

Whereas, Nurses are dedicated to safe patient care to ensure quality treatment for patients; and

Whereas, Nurses advocate for their patients at the bedside and beyond, working to create a world in which all people can be safe, healthy, and prosperous; and

Whereas, Under the leadership of the Michigan Nurses Association, Registered Nurses across Michigan are committed to enhancing and protecting the nursing profession now, therefore, be it

Resolved, That supporting nurses’ ability to provide safe patient care and developing and maintaining a thriving nursing workforce is of concern to all Michigan residents. We honor the work and dedication of nurses around the world and here in Michigan.

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. McBroom, Driskell, Greig, Hovey-Wright, Howrylak, Kelly, LaVoy, Maturen, Pagan, Sarah Roberts and Singh offered the following resolution:

House Resolution No. 77.

A resolution to declare May 5, 2015, as International Midwives Day in the state of Michigan.

Whereas, Midwives have been a part of the culture and tradition of Michigan since its inception and are still important in this state’s health care; and

Whereas, Midwives provide a family-centered childbirth option that has grown in response to the choice of thousands of Michigan parents; and

Whereas, Midwives are dedicated to the care of pregnancy and birth and treat each woman’s pregnancy according to the mother’s unique and personal needs; and

Whereas, Midwives provide the necessary supervision, care and advice to women during pregnancy, labor and the postpartum period, conducts deliveries on her own responsibility and cares for the newborn and the infant, and offers childbirth education and counseling to women on health needs, family relations and postpartum concerns; and

Whereas, The World Health Organization, the International Confederation of Midwives and the Midwives Alliance of North America have noted the impact midwifery care has on improving the infant mortality rate worldwide; and

Whereas, The goals of the Michigan Midwives Association and the Friends of Michigan Midwives include improving birth outcomes in the state of Michigan; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 5, 2015, as International Midwives Day in the state of Michigan; and further be it

Resolved, That a copy of this resolution be conveyed to members of the Michigan Midwives Association and the Friends of Michigan Midwives.

The question being on the adoption of the resolution,

Rep. McBroom moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 77.

A resolution to declare May 5, 2015, as International Midwives Day in the state of Michigan.

Whereas, Midwives have been a part of the culture and tradition of Michigan pre-dating statehood and are still important to modern health care; and

Whereas, Midwives have an ancient heritage of practice in the world, even being referenced in the Bible during Israel’s captivity in Egypt in Exodus chapter one; and

Whereas, Midwives provide a woman, baby, and family-centered childbirth opportunity that has recently grown in response to the choice of thousands of Michigan parents choosing to return to this both ancient-and-modern, practical, and accessible birthing option; and

Whereas, Midwives are dedicated to the care of pregnancy and birth and treat each woman’s pregnancy according to the mother’s unique and personal needs and desires; and

Whereas, Midwives provide the necessary supervision, care and advice to women during each pregnancy, labor and postpartum period; conduct deliveries on their own, care for the newborn into infancy, and offer childbirth education and counseling to women on health and diet needs, family relations and planning, and postpartum concerns such as nursing, hygiene, and recovery; and

Whereas, The World Health Organization, the International Confederation of Midwives, and the Midwives Alliance of North America have noted the impact midwifery care has on improving the infant mortality rate worldwide; and

Whereas, The goals of the Michigan Midwives Association and the Friends of Michigan Midwives include improving birth outcomes in the state of Michigan; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 5, 2015, as International Midwives Day in the state of Michigan; and further be it

Resolved, That a copy of this resolution be conveyed to members of the Michigan Midwives Association and the Friends of Michigan Midwives.

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.

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 7.

A concurrent resolution to urge the United States Department of Veterans Affairs and the United States Congress to create a pilot program in Michigan instituting a flexible Veterans Choice Card system structured similar to a traditional health care program for all veterans in Michigan.

(For text of concurrent resolution, see House Journal No. 33, p. 420.)

(The concurrent resolution was reported by the Committee on Military and Veterans Affairs on April 30.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Third Reading of Bills

House Bill No. 4239, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111 (MCL 324.40111), as amended by 2012 PA 340.

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

Roll Call No. 113 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 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. 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.

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

Roll Call No. 114 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 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. 4319, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 669 (MCL 257.669), as amended by 2002 PA 534.

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

Roll Call No. 115 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 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. 4320, entitled

A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending section 57 (MCL 257.1857), as amended by 2006 PA 108.

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

Roll Call No. 116 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 House agreed to the title of the bill.

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

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

______

The Speaker called the Speaker Pro Tempore to the Chair.

Second Reading of Bills

House Bill No. 4314, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601d (MCL 257.601d), as added by 2008 PA 463.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4463, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 37 of chapter XVII (MCL 777.37), as amended by 2002 PA 137.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4362, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 611 (MCL 418.611), as amended by 1993 PA 198.

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

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 4468, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” (MCL 259.1 to 259.208) by amending the title, as amended by 2002 PA 90, and by adding chapter VIIA.

The bill was read a second time.

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

The motion prevailed.

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.

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

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Senate Bill No. 99, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 89a.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4071, entitled

A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 7 and 7a (MCL 722.27 and 722.27a), section 7 as amended by 2005 PA 328 and section 7a as amended by 2012 PA 600.

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

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 4482, entitled

A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 2 (MCL 722.22), as amended by 2005 PA 327.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4467, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 20i (MCL 791.220i), as amended by 2012 PA 599.

The bill was read a second time.

Rep. Lyons moved to amend the bill as follows:

1. Amend page 1, line 5, after “from” by striking out the balance of the line through “agencies,” on line 6 and inserting “OTHER LOCAL, STATE, OR FEDERAL AGENCIES,”.

2. Amend page 2, line 3, after “section” by striking out the balance of the subsection and inserting a period.

3. Amend page 2, line 10, after “state” by striking out the balance of the line and inserting a period.

4. Amend page 5, following line 6, by inserting:

“(10) INMATES AND DETAINEES UNDER THE JURISDICTION OF THE DEPARTMENT SHALL NOT BE HOUSED AT THE FACILITY OPERATED BY A PRIVATE CONTRACTOR UNDER THIS SECTION.” and renumbering the remaining subsection.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Yanez moved to amend the bill as follows:

1. Amend page 5, following line 6, by inserting:

“(10) A PRIVATE VENDOR OPERATING A FACILITY UNDER THIS SECTION IS CIVILLY LIABLE FOR ALL DAMAGES ARISING OUT OF THE MANAGEMENT AND OPERATION OF THE FACILITY, INCLUDING ANY SECURITY BREACH, AND IS NOT ELIGIBLE FOR IMMUNITY UNDER 1964 PA 170, MCL 691.1401 TO 691.1419.” and renumbering the remaining subsection.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Guerra moved to amend the bill as follows:

1. Amend page 5, following line 6, by inserting:

“(10) THE FACILITY SHALL NOT HOUSE THE FOLLOWING INMATES OR DETAINEES FROM ANOTHER STATE:

(A) INMATES WHO ARE INFECTED WITH HIV, HEPATITIS A, B, OR C, TUBERCULOSIS, OR OTHER INFECTIOUS DISEASES.

(B) INDIVIDUALS WITH A HISTORY OF ESCAPING CUSTODY, ATTEMPTED ESCAPES FROM CUSTODY, RIOTING, OR INCITING A RIOTING.

(C) INDIVIDUALS WITH SEXUAL OFFENSE CONVICTIONS.” and renumbering the remaining subsections.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

House Bill No. 4457, entitled

A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 8 (MCL 722.958), as amended by 2002 PA 646.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4432, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1014.

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

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 4333, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 8 (MCL 207.808), as amended by 2009 PA 123.

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

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Townsend moved to amend the bill as follows:

1. Amend page 15, line 21, after “CREDIT” by inserting “OR EXTEND THE TIME FRAME OR TERM OF YEARS FOR THE AWARD OF THE CREDIT, DECREASE THE JOB CREATION OR JOB RETENTION REQUIREMENTS, REDUCE THE WAGE, BENEFIT, OR CAPITAL INVESTMENT REQUIREMENTS, OR ADD ADDITIONAL FACILITIES WHOSE JOBS CAN COUNT TOWARD THE JOB CREATION OR JOB RETENTION REQUIREMENTS. IF THE AUTHORITY OR ITS SUCCESSOR INTENDS TO MODIFY OR AMEND AN EXISTING AGREEMENT WITH AN AUTHORIZED BUSINESS UNDER THIS SUBSECTION, THE AUTHORITY OR ITS SUCCESSOR SHALL NOTIFY BY ELECTRONIC MAIL THE GOVERNOR, THE AUDITOR GENERAL, THE HOUSE FISCAL AGENCY, THE SENATE FISCAL AGENCY, AND MEMBERS OF THE HOUSE AND SENATE NOT LESS THAN 30 DAYS BEFORE THE AUTHORITY OR ITS SUCCESSOR MODIFIES OR AMENDS THE WRITTEN AGREEMENT. THE NOTICE PROVIDED BY ELECTRONIC MAIL SHALL CONTAIN ALL OF THE FOLLOWING:

(A) THE NAME OF THE AUTHORIZED BUSINESS.

(B) A DESCRIPTION OF THE MODIFICATION OR AMENDMENT AND AN EXPLANATION OF WHY IT IS NEEDED.

(C) THE FISCAL IMPACT OF THE MODIFICATION OR AMENDMENT ON THIS STATE AND THE AUTHORIZED BUSINESS”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Schor moved to amend the bill as follows:

1. Amend page 15, line 21, after “CREDIT.” by inserting “HOWEVER, THE LIMITATIONS DESCRIBED IN THIS SUBSECTION ARE WAIVED IF THE AUTHORITY OR ITS SUCCESSOR NOTIFIES THE HOUSE APPROPRIATIONS COMMITTEE AND THE SENATE APPROPRIATIONS COMMITTEE AND BOTH COMMITTEES FAIL TO VOTE TO DISAPPROVE THE AMENDMENT OR MODIFICATION WITHIN 30 DAYS OF THE NOTIFICATION.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

House Bill No. 4334, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 500 (MCL 208.1500), as amended by 2013 PA 233, and by adding section 402.

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

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Townsend moved to amend the bill as follows:

1. Amend page 2, line 4, after “CREDIT” by inserting “OR TO EXTEND THE TIME FRAME OR TERM OF YEARS FOR THE AWARD OF THE CREDIT, DECREASE THE JOB CREATION OR JOB RETENTION REQUIREMENTS, REDUCE THE WAGE, BENEFIT, OR CAPITAL INVESTMENT REQUIREMENTS, OR ADD ADDITIONAL FACILITIES WHOSE JOBS CAN COUNT TOWARD THE JOB CREATION OR JOB RETENTION REQUIREMENTS. IF THE AUTHORITY OR ITS SUCCESSOR INTENDS TO MODIFY OR AMEND AN EXISTING AGREEMENT WITH A TAXPAYER UNDER THIS SECTION, THE AUTHORITY OR ITS SUCCESSOR SHALL NOTIFY BY ELECTRONIC MAIL THE GOVERNOR, THE AUDITOR GENERAL, THE HOUSE FISCAL AGENCY, THE SENATE FISCAL AGENCY, AND MEMBERS OF THE HOUSE AND SENATE NOT LESS THAN 30 DAYS BEFORE THE AUTHORITY OR ITS SUCCESSOR MODIFIES OR AMENDS THE WRITTEN AGREEMENT. THE NOTICE PROVIDED BY ELECTRONIC MAIL SHALL CONTAIN ALL OF THE FOLLOWING:

(A) THE NAME OF THE TAXPAYER.

(B) A DESCRIPTION OF THE MODIFICATION OR AMENDMENT AND AN EXPLANATION OF WHY IT IS NEEDED.

(C) THE FISCAL IMPACT OF THE MODIFICATION OR AMENDMENT ON THIS STATE AND THE TAXPAYER”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Schor moved to amend the bill as follows:

1. Amend page 2, line 4, after “CREDIT.” by inserting “HOWEVER, THE LIMITATIONS DESCRIBED IN THIS SECTION ARE WAIVED IF THE AUTHORITY OR ITS SUCCESSOR NOTIFIES THE HOUSE APPROPRIATIONS COMMITTEE AND THE SENATE APPROPRIATIONS COMMITTEE AND BOTH COMMITTEES FAIL TO VOTE TO DISAPPROVE THE AMENDMENT OR MODIFICATION WITHIN 30 DAYS OF THE NOTIFICATION.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Glenn 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. Heise, Callton, LaFontaine, Lyons, Maturen, Sheppard, Bumstead, Muxlow, Leutheuser, Rendon, Outman and McBroom introduced

House Bill No. 4540, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 2 and 13 (MCL 15.232 and 15.243), section 2 as amended by 1996 PA 553 and section 13 as amended by 2006 PA 482.

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

Reps. Forlini, Jenkins, Irwin, Victory, Poleski, Lucido, Howrylak, Derek Miller, Liberati, Lane, LaVoy, Geiss, Hooker and Courser introduced

House Bill No. 4541, entitled

A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 10 (MCL 390.1480), as amended by 2001 PA 215.

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

Reps. Forlini, Jenkins, Irwin, Victory, Poleski, Lucido, Howrylak, Derek Miller, Liberati, Lane, LaVoy, Geiss, Hooker and Courser introduced

House Bill No. 4542, entitled

A bill to create the Michigan achieving a better life experience (ABLE) program; to provide for ABLE accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies.

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

Reps. Forlini, Jenkins, Irwin, Victory, Poleski, Lucido, Howrylak, Derek Miller, Liberati, Lane, LaVoy, Geiss, Hooker and Courser introduced

House Bill No. 4543, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597.

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

Reps. Jenkins, Forlini, Irwin, Victory, Poleski, Lucido, Howrylak, Derek Miller, Liberati, Lane, LaVoy, Geiss, Hooker and Courser introduced

House Bill No. 4544, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10g.

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

Rep. Pscholka introduced

House Bill No. 4545, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137.

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

Rep. Pscholka introduced

House Bill No. 4546, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11, 201, and 236 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137.

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

Reps. Hooker, Barrett, Chatfield, Victory, Price, LaVoy, Runestad and Glenn introduced

House Bill No. 4547, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 8f.

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

Reps. Kosowski, Barrett, Chatfield, Victory, Price, LaVoy, Runestad and Glenn introduced

House Bill No. 4548, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2163a (MCL 600.2163a), as amended by 2012 PA 170.

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

Reps. Santana, Barrett, Chatfield, Victory, Price, LaVoy, Runestad and Glenn introduced

House Bill No. 4549, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 17b of chapter XIIA (MCL 712A.17b), as amended by 2002 PA 625.

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

Reps. Derek Miller, Lane, Chirkun, Dianda, Plawecki, Faris, Wittenberg, Schor, Rutledge, Guerra, Hovey-Wright, Lucido, Kesto, LaVoy, Liberati, Banks, Darany, Garrett, Dillon, Clemente, Phelps, Smiley and Brunner introduced

House Bill No. 4550, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145n (MCL 750.145n), as amended by 2004 PA 559.

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

Reps. Derek Miller, Lane, Chirkun, Dianda, Plawecki, Faris, Rutledge, Hovey-Wright, Hoadley, Dillon, Phelps and Brunner introduced

House Bill No. 4551, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 283.

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

Reps. Brett Roberts, Johnson, Jacobsen, Price, Crawford, Iden and Lauwers introduced

House Bill No. 4552, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2000 PA 288.

The bill was read a first time by its title and referred to the Committee on Workforce and Talent Development.

Rep. Maturen introduced

House Bill No. 4553, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f, 9m, and 9n (MCL 211.9f, 211.9m, and 211.9n), sections 9f and 9m as amended by 2014 PA 87 and section 9n as amended by 2013 PA 154.

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

Rep. Maturen introduced

House Bill No. 4554, entitled

A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending sections 3, 5, and 7 (MCL 211.1053, 211.1055, and 211.1057).

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

Rep. Yonker introduced

House Bill No. 4555, entitled

A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending sections 3, 5, and 7 (MCL 211.1073, 211.1075, and 211.1077).

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

Rep. Yonker introduced

House Bill No. 4556, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 5, 13, 14, 17, 19, and 20 (MCL 123.1345, 123.1353, 123.1354, 123.1357, 123.1359, and 123.1360).

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

Rep. Townsend introduced

House Bill No. 4557, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 11a (MCL 207.561a), as added by 2012 PA 397.

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

Rep. Townsend introduced

House Bill No. 4558, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3 (MCL 205.93), as amended by 2014 PA 80.

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

Rep. Garcia 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 resolution had been printed and placed upon the files of the members on Friday, May 1:

House Bill Nos. 4537 4538 4539

House Joint Resolution Q

The Clerk announced that the following Senate bill had been received on Tuesday, May 5:

Senate Bill No. 134

Reports of Standing Committees

The Committee on Health Policy, by Rep. Callton, Chair, reported

House Bill No. 4203, entitled

A bill to amend 1931 PA 327, entitled “An act to provide for the organization, regulation and classification of corporations; to provide their rights, powers and immunities; to prescribe the conditions on which corporations may exercise their powers; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to do business within this state; to require certain annual reports to be filed by corporations; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations,” by amending section 157 (MCL 450.157).

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. Callton, Vaupel, Hooker, Yonker, Graves, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Phelps, Geiss, Liberati and Wittenberg

Nays: None

The Committee on Health Policy, by Rep. Callton, Chair, reported

House Bill No. 4204, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 55 (MCL 400.55), as amended by 1998 PA 516.

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. Callton, Vaupel, Hooker, Yonker, Graves, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Phelps, Geiss, Liberati and Wittenberg

Nays: None

The Committee on Health Policy, by Rep. Callton, Chair, reported

House Bill No. 4205, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending the heading of part 58 and sections 5801, 5805, 5815, 5817, 5821, 5823, 5825, 5828, 5831, 5835, 5841, 5843, 5847, 5863, 5871, 5874, and 5879 (MCL 333.5801, 333.5805, 333.5815, 333.5817, 333.5821, 333.5823, 333.5825, 333.5828, 333.5831, 333.5835, 333.5841, 333.5843, 333.5847, 333.5863, 333.5871, 333.5874, and 333.5879), section 5805 as amended by 1988 PA 236 and section 5817 as amended by 1998 PA 88; and to repeal acts and parts of acts.

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. Callton, Vaupel, Hooker, Yonker, Graves, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Phelps, Geiss, Liberati and Wittenberg

Nays: None

The Committee on Health Policy, by Rep. Callton, Chair, reported

Senate Bill No. 112, entitled

A bill to amend 1957 PA 29, entitled “An act to provide for the disposition of certain files and records in the probate courts of this state,” by amending section 1 (MCL 720.551).

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. Callton, Vaupel, Hooker, Yonker, Graves, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Phelps, Geiss, Liberati and Wittenberg

Nays: None

The Committee on Health Policy, by Rep. Callton, Chair, reported

Senate Bill No. 113, entitled

A bill to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 1 (MCL 722.501), as amended by 1996 PA 411.

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. Callton, Vaupel, Hooker, Yonker, Graves, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Phelps, Geiss, Liberati and Wittenberg

Nays: None

The Committee on Health Policy, by Rep. Callton, Chair, reported

Senate Bill No. 114, entitled

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. Callton, Vaupel, Hooker, Yonker, Graves, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Phelps, Geiss, Liberati and Wittenberg

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Callton, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Tuesday, May 5, 2015

Present: Reps. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Phelps, Geiss, Liberati, Neeley and Wittenberg

The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported

House Bill No. 4047, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 3a.

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. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran and Neeley

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Pettalia, Chair, of the Committee on Transportation and Infrastructure, was received and read:

Meeting held on: Tuesday, May 5, 2015

Present: Reps. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley

The Committee on Local Government, by Rep. Chatfield, Chair, reported

House Bill No. 4212, entitled

A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Chatfield, Price, Maturen, Runestad, Sheppard, Theis, Moss, Rutledge and Neeley

Nays: Rep. Brunner

The Committee on Local Government, by Rep. Chatfield, Chair, reported

House Bill No. 4215, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2012 PA 14.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Chatfield, Price, Maturen, Runestad, Sheppard, Theis, Moss, Rutledge and Neeley

Nays: Rep. Brunner

The Committee on Local Government, by Rep. Chatfield, Chair, reported

House Concurrent Resolution No. 11.

A concurrent resolution to urge the United States Supreme Court to recognize its limited historic role in a federal system and to urge the states to become proactive in defending their sovereignty against federal overreach.

(For text of concurrent resolution, see House Journal No. 41, p. 596.)

With the recommendation that the following substitute (H-1) be adopted and that the concurrent resolution then be adopted.

Substitute for House Concurrent Resolution No. 11.

Whereas, The Founders of our republic established a federalist system, characterized by a clear division of powers defined by a written constitution, whereby the powers of the general government were clearly limited, and the existing, retained powers of the states clearly established; and

Whereas, The powers of the federal government were explained by James Madison in Federalist No. 45, to be “few and defined,” and touching mainly on international issues of “war, peace, negotiation, and foreign commerce.” In contrast the powers “which are to remain in the State governments are numerous and indefinite” and pertain to domestic affairs which “will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State”; and

Whereas, A majority of the states, in ratifying the U.S. Constitution from 1787 to 1790, demanded that the proposed constitution be amended to clearly define the existing, retained powers of the states. The new federal government responded by proposing to the states the Bill of Rights which recognized the existing, retained powers of the states and provided strict limitations on the powers of the new federal government; and

Whereas, The Tenth Amendment to the U.S. Constitution was adopted to ensure that the balance of power between the federal government and state governments remained in perpetuity; and

Whereas, This arrangement of federalism best meets the needs of the states which often vary in customs and values and which are in a position to best understand the needs and desires of their own citizens. Altering wrongs on the part of government is much more easily accomplished at the state level than at the federal level; and

Whereas, Nothing has changed in the U.S. Constitution since the adoption of the Bill of Rights which would alter that balance of power between the federal government and the states; and

Whereas, Generations after the Fourteenth Amendment was ratified, the United States Supreme Court began to embrace novel legal doctrines, most notably the Incorporation Doctrine which, contrary to prior court precedent, redefines the Fourteenth Amendment to be a constitutional watershed, one which makes every state and local law or custom subject to federal oversight, thereby proclaiming unto itself an authority never granted to it by the people. Beginning in the mid‑1900s, the courts began to use the Fourteenth Amendment as a pretext for subsuming the long existing powers of the states, shaping society according to their own philosophies, and in the process, destroying federalism and rendering the Tenth Amendment all but meaningless; and

Whereas, A court which recognizes no proper boundary to its own power, particularly the boundaries established by the Tenth Amendment to the U.S. Constitution, has great potential for precipitating irreparable harm to the republic, as illustrated by the 1857 Dred Scott v. Sandford decision, and as stated by President Abraham Lincoln in his first inaugural address, referring to that infamous case, “…if the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court the instant they are made…the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal…”; and

Whereas, It is the responsibility of the states to defend the powers they retained under the U.S. Constitution. Chief Justice John Roberts wrote in NFIB v. Sebelius, “In the typical case we look to the States to defend their prerogatives by adopting ‘the simple expedient of not yielding’ to federal blandishments when they do not want to embrace the federal policies as their own… The States are separate and independent sovereigns. Sometimes they have to act like it.”; and

Whereas, This resolution is part of our sworn duty to defend both the Michigan Constitution and the U.S. Constitution. Every state legislator from the state of Michigan swears an oath that he or she will support these constitutions; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the United States Supreme Court to recognize its limited historic role in a federal system in which powers are separated among the branches of government and, most importantly, between the federal government and the state governments, and to recognize that it is the right of the individual states under the Tenth Amendment to determine certain domestic state issues; and be it further

Resolved, That we urge our fellow states to proactively defend their sovereignty from federal overreach; and be it further

Resolved, That copies of this resolution be transmitted to the Justices of the United States Supreme Court, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the legislatures of the other forty-nine states.

Favorable Roll Call

To Report Out:

Yeas: Reps. Chatfield, Price, Maturen, Runestad, Sheppard and Theis

Nays: Reps. Moss, Brunner, Rutledge and Neeley

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Chatfield, Chair, of the Committee on Local Government, was received and read:

Meeting held on: Tuesday, May 5, 2015

Present: Reps. Chatfield, Price, Maturen, Runestad, Sheppard, Theis, Moss, Brunner, Rutledge and Neeley

Absent: Rep. Heise

Excused: Rep. Heise

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaFontaine, Chair, of the Committee on Natural Resources, was received and read:

Meeting held on: Tuesday, May 5, 2015

Present: Reps. LaFontaine, Rendon, Forlini, Goike, Lyons, McBroom, Kivela, Smiley and Plawecki

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Tuesday, May 5, 2015

Present: Reps. Heise, Webber, Howrylak, Lucido, Guerra, Hovey-Wright and Chang

Absent: Rep. Courser

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Graves, Chair, of the Committee on Commerce and Trade, was received and read:

Meeting held on: Tuesday, May 5, 2015

Present: Reps. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn, Leutheuser, Schor, Townsend, Byrd, Garrett, Geiss, Love and Moss

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Jacobsen, Chair, of the Committee on Communications and Technology, was received and read:

Meeting held on: Tuesday, May 5, 2015

Present: Reps. Jacobsen, Iden, Franz, Glardon, Outman, Price, Barrett, Leutheuser, Tedder, Phelps, Driskell, Chirkun, Greig and Guerra

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 5, 2015

Present: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra

Messages from the Senate

Senate Bill No. 134, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 18a, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22f, 22i, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 98, 99, 99h, 102, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 254, 255, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, and 281 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1622i, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1664b, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699h, 388.1702, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1817, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1854, 388.1855, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, and 388.1881), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 20g, 21f, 22d, 22f, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, and 281 as amended and sections 11r, 43, 64b, 95a, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 102, 244, and 258 as amended by 2013 PA 60, and sections 226, 254, and 255 as amended by 2012 PA 201, and by adding sections 31h, 35, 35a, 35b, 35d, 35e, 35f, 55, 61b, 67, 77, 99c, 102a, 102b, 102c, 102d, 104d, 210c, 210d, 215, and 230a; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Communications from State Officers

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

May 1, 2015

Enclosed is the FY14 Annual Report and Evaluation for the Secondary Road Patrol and Traffic Accident Prevention Program.

This report satisfies the reporting requirements contained in Public Act 416 of 1978, as amended. Copies of this report are transmitted to the Governor’s Office, Clerk of the House, Secretary of the Senate, Chair of the House Appropriations Committee, Chair of the Senate Appropriations Committee, each county sheriff, the Michigan Sheriffs’ Association, and the Deputy Sheriff’s Association of Michigan.

The report will be accessible on our web site at www.michigan.gov/ohsp .

Should you have any questions about this report, please contact Mr. Spencer Simmons at (517) 241-2556.

Sincerely,

Michael L. Prince, Director

Office of Highway Safety Planning

The communication was referred to the Clerk.

Announcements by the Clerk

April 30, 2015

Received from the Auditor General a copy of the following audit report and/or report summary:

Performance audit report on the Certificate of Need Program, Department of Community Health, April 2015.

April 30, 2015

Received from the Auditor General a copy of the following audit report and/or report summary:

Performance audit report on Transport, Construction, Billboard, and Junkyard Permitting Activities, Michigan Department of Transportation, April 2015.

Gary L. Randall

Clerk of the House

Rep. McCready moved that the House adjourn.

The motion prevailed, the time being 3:45 p.m.

Associate Speaker Pro Tempore Franz declared the House adjourned until Wednesday, May 6, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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