No. 94
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2015
House Chamber, Lansing, Tuesday, November 10, 2015.
1:30 p.m.
The House was called to order by Associate Speaker Pro Tempore Franz.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present Garcia—present LaFontaine—present Price—present
Banks—present Garrett—present Lane—present Pscholka—present
Barrett—present Gay-Dagnogo—present Lauwers—present Rendon—present
Bizon—present Geiss—present LaVoy—present Roberts, B.—present
Brinks—present Glardon—present Leonard—present Roberts, S.—present
Brunner—present Glenn—present Leutheuser—present Robinson—present
Bumstead—present Goike—present Liberati—present Runestad—present
Byrd—present Graves—present Love—present Rutledge—present
Callton—present Greig—present Lucido—present Santana—present
Canfield—present Greimel—present Lyons—present Schor—present
Chang—present Guerra—present Maturen—present Sheppard—present
Chatfield—present Heise—present McBroom—present Singh—present
Chirkun—present Hoadley—present McCready—present Smiley—present
Clemente—present Hooker—present Miller, A.—present Somerville—present
Cochran—present Hovey-Wright—present Miller, D.—present Talabi—present
Cole—present Howrylak—present Moss—present Tedder—present
Cotter—present Hughes—present Muxlow—present Theis—present
Cox—present Iden—present Neeley—present Townsend—present
Crawford—present Inman—present Nesbitt—present Vaupel—present
Darany—present Irwin—present Outman—present VerHeulen—present
Dianda—present Jacobsen—present Pagan—present Victory—present
Driskell—present Jenkins—present Pagel—present Webber—present
Durhal—present Johnson—present Pettalia—present Wittenberg—present
Faris—present Kelly—present Phelps—present Yanez—present
Farrington—present Kesto—present Plawecki—present Yonker—present
Forlini—present Kivela—excused Poleski—present Zemke—present
Franz—present Kosowski—present Potvin—present
e/d/s = entered during session
Rev. Nathaniel Moody, Pastor of Brown Hutcherson Ministries in Grand Rapids, offered the following invocation:
“Dear God in heaven we thank You for this day that You have given each and everyone of us. We pray for all of our state representatives, our Congressmen and women, our Senators and our governor. We ask for Your grace and mercy on each and everyone of them as they help make legislation and our government work on behalf of the people of the state of Michigan. It is by Your grace that we are here today. And we ask for Your peace, love and kindness on our country, our state of Michigan. This is the prayer submitted to You this day. Have mercy upon us and bless us amen.”
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The Speaker Pro Tempore assumed the Chair.
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Rep. Singh moved that Rep. Kivela be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. LaVoy, Byrd, Sheppard, Hughes, Hovey-Wright, Kivela, Dianda, Faris, Geiss, Hoadley, Howrylak, Irwin, Pagan, Sarah Roberts and Singh offered the following resolution:
House Resolution No. 185.
A resolution to declare November 10, 2015, as Great Lakes Sailors Remembrance Day in the state of Michigan.
Whereas, Throughout the annals of Great Lakes history, which have spanned hundreds of years, there is but one Great Lakes State; and
Whereas, Michigan has more coastline than any other state within our continental boundaries and embodies a freshwater legacy that is defined by its people, waterways, and ports; and
Whereas, The Great Lakes maritime trade is more than a mode of transportation but rather a way of life which provides the iron ore that has fueled steel production in war and peace, the coal that generates limitless electrical power, the aggregate which lies beneath our feet, and the grains on our kitchen tables. Nowhere else in the maritime world do the cargoes carried by ships reach so far beyond the threshold of one’s household; and
Whereas, While reliant upon many assets this industry, above all else, depends on sea-faring men and women who, at all hours and in all conditions, stand watch to ensure that vessels of American enterprise and sustainability navigate vast waters safely and efficiently for the good of all. Yet, this is not accomplished without risk and in many cases peril as even the finest vessels have succumbed to unparalleled natural forces; and
Whereas, The Great Lakes have more shipwrecks per square mile than anywhere else on earth and in turn serve as the solemn grave for thousands of lakes sailors. Most notable on this day, November 10, is the untimely loss of the once “Queen of the Lakes,” S.S. Edmund Fitzgerald and her 29 crewmembers. Their struggle with wind and waves would result in an inexplicable journey to a watery grave which they now share with all those who had been lost before them; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare November 10, 2015, as Great Lakes Sailors Remembrance Day in the state of Michigan. We dedicate this day to those who have sailed and continue to ply the waters of our vast inland seas for the Great Lakes have and will continue to serve as the lifeblood of natural resources to our state and nation.
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Nesbitt moved that Rule 71 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Reps. Howrylak, LaVoy and Pagan offered the following resolution:
House Resolution No. 186.
A resolution to declare November 28, 2015, as Holodomor Memorial Day in the state of Michigan.
Whereas, Millions of Ukrainians perished as a result of the Ukrainian Famine and Genocide (Holodomor) of 1932 33; and
Whereas, The term “Holodomor” is a Ukrainian word that means “extermination by means of starvation”; and
Whereas, It is recognized that the Soviet authorities denied, concealed, or destroyed information about the Holodomor and that accurate information about this tragic event has only recently been made available; and
Whereas, The Organization for Security and Co-operation in Europe (OSCE), the largest regional security organization in the world, passed a resolution that welcomes the recognition of the Holodomor in the United Nations, by the United Nations Educational, Scientific and Cultural Organization (UNESCO) and by the national parliaments of a number of the OSCE participating states; and
Whereas, The OSCE strongly encourages all parliaments and legislatures to adopt acts regarding recognition of the Holodomor; and
Whereas, Some of the survivors of the Holodomor and their descendants reside in Michigan and have contributed to Michigan’s cultural, economic, political, and educational life; and
Whereas, The people of Michigan value democratic freedoms, human rights, and the rule of law, honor the values of compassion and honesty, and cherish the multicultural vibrancy of the state; and
Whereas, The 4th Saturday in November has been recognized internationally as a day to commemorate the Holodomor; and
Whereas, 2015 marks the 82nd anniversary of the Holodomor; and
Whereas, It is important and fitting to observe Holodomor Memorial Day for the purposes of recognizing the Holodomor and of reflecting on the horrific legacy of this event; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare November 28, 2015, as Holodomor Memorial Day in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Howrylak, Faris, Geiss, Hoadley, Hovey-Wright, Irwin, LaVoy and Pagan offered the following resolution:
House Resolution No. 187.
A resolution to declare November 15, 2015, as America Recycles Day in the state of Michigan.
Whereas, Michigan recognizes the importance of recycling as a way to protect natural resources, promote environmental stewardship, and improve the quality of life for Michigan’s citizens; and
Whereas, Ensuring that all Michigan residents and businesses have access to recycling opportunities, educating residents on how and why to recycle, and fostering recycling market development will enable sustainable materials management and transformation of currently wasted resources into valuable commodities; and
Whereas, Recycling paper, metal, glass, plastic, wood, textiles, yard waste, and food scraps is one of the most cost-effective strategies for communities and businesses to conserve energy, protect the environment, reduce waste, and strengthen the local economy; and
Whereas, Participating in America Recycles Day 2015 is one way businesses and citizens can help raise awareness about the need to reduce waste through sustainable materials management by reusing, recycling, composting, and buying recycled-content products; and
Whereas, Michigan leaders can use this as an opportunity to spread the word about Michigan’s successful recycling programs, the growth of markets for recycled materials, and the importance of working to expand recycling opportunities to more businesses and communities; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare November 15, 2015, as America Recycles Week in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Brinks, VerHeulen, Kelly, Hoadley, Schor, Moss, Greig, Faris, Sarah Roberts, McBroom, Garcia, Graves, Rendon, Durhal, Guerra, Singh, Kivela, Cole, Jenkins, Vaupel, Canfield, Lyons, Glenn, Forlini, Bumstead, LaFontaine, Pscholka, Theis, Tedder, Somerville, Hughes, Hooker, Muxlow, Bizon, Howrylak, Kosowski, Glardon, Inman, Goike, Victory, Iden, Potvin, McCready, Runestad, Leutheuser, Lane, Lucido, Love, Afendoulis, Webber, Cox, Chatfield, Crawford, Jacobsen, Kesto, Barrett, Brett Roberts, Pagel, Aaron Miller, Santana, Heise, Maturen, Nesbitt, Rutledge, Chang, Talabi, Brunner, Smiley, Neeley, Plawecki, Byrd, Darany, Banks, Pagan, Irwin, Clemente, Dianda, Hovey-Wright, Price, Wittenberg, Lauwers and LaVoy offered the following resolution:
House Resolution No. 188.
A resolution to declare November 16, 2015, as Dutch-American Heritage Day in the state of Michigan.
Whereas, On November 16, 1776, the batteries at the Dutch port of St. Eustatius fired the first salute to the flag of the newly independent United States; and
Whereas, The firing by the Dutch of the first salute to the flag of the United States uplifted the morale and determination of the individuals who were fighting for American independence; and
Whereas, Commemoration of Dutch-American Heritage Day promotes awareness by the people of the United States of the essential role performed by the Dutch people in securing American independence and in aiding the development of the United States for the past 215 years; and
Whereas, The diplomatic ties between the governments of the United States and the Netherlands are the longest continuous ties between the United States and any country of the world; and
Whereas, Commemoration of Dutch-American Heritage Day provides an opportunity for approximately 4,500,000 Dutch Americans to celebrate their Dutch roots and the extraordinary contributions their ancestors made to the political, economic, and cultural development of the United States; and
Whereas, The heritage of this friendship between these people serves as a laudable example for the kinds of relations that should link all the peoples of the earth and should be properly extolled; and
Whereas, The Midwest region is home to over one million Americans of Dutch ancestry and the state of Michigan is honored to be the home to over a half million of those citizens. The significant size of the Dutch descendant population makes it very special from an ethnic and cultural point. So significant is the Dutch influence in Michigan that a large number of cities in Western Michigan were founded and named by Dutch immigrants; and
Whereas, So important is the relationship with the Netherlands, that the Michigan Legislature has formed a bi-partisan Legislative Dutch Caucus. Its members actively support economic and culture engagement with the Kingdom of the Netherlands; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare November 16, 2015, as Dutch-American Heritage Day in the state of Michigan. We commemorate the historic ties between the United States and the Netherlands.
The question being on the adoption of the resolution,
The resolution was adopted.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 178.
A resolution to urge the U.S. Department of Defense to approve the Ambit Foundation request for use of facilities at the Selfridge Air National Guard Base to establish a Veteran Transitional Care Center.
(For text of resolution, see House Journal No. 89, p. 1911.)
(The resolution was reported by the Committee on Military and Veterans Affairs on October 29.)
The question being on the adoption of the resolution,
The resolution was adopted.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4904, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 641 and 646a (MCL 168.641 and 168.646a), section 641 as amended by 2015 PA 101 and section 646a as amended by 2013 PA 253.
(The bill was received from the Senate on November 5, with amendments, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 93, p. 1996.)
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 418 Yeas—105
Afendoulis Garcia Lane Price
Banks Garrett Lauwers Pscholka
Barrett Gay-Dagnogo LaVoy Rendon
Bizon Geiss Leonard Roberts, B.
Brinks Glardon Leutheuser Roberts, S.
Brunner Glenn Liberati Robinson
Bumstead Goike Love Runestad
Byrd Graves Lucido Rutledge
Callton Greig Lyons Santana
Canfield Greimel Maturen Schor
Chang Guerra McBroom Sheppard
Chatfield Heise McCready Singh
Chirkun Hoadley Miller, A. Smiley
Clemente Hooker Miller, D. Somerville
Cochran Hovey-Wright Moss Talabi
Cole Howrylak Muxlow Tedder
Cotter Hughes Neeley Theis
Cox Iden Nesbitt Townsend
Crawford Inman Outman Vaupel
Darany Irwin Pagan VerHeulen
Dianda Jacobsen Pagel Victory
Driskell Jenkins Pettalia Webber
Durhal Johnson Phelps Wittenberg
Faris Kesto Plawecki Yanez
Farrington Kosowski Poleski Yonker
Forlini LaFontaine Potvin Zemke
Franz
Nays—1
Kelly
In The Chair: Leonard
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
House Bill No. 4853, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811a (MCL 257.811a), as amended by 2003 PA 103.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 419 Yeas—95
Afendoulis Garcia Lauwers Potvin
Barrett Geiss LaVoy Price
Bizon Glardon Leonard Pscholka
Brinks Glenn Leutheuser Rendon
Brunner Graves Liberati Roberts, B.
Bumstead Greig Love Runestad
Byrd Guerra Lucido Rutledge
Callton Heise Lyons Schor
Canfield Hoadley Maturen Sheppard
Chang Hooker McBroom Singh
Chatfield Hovey-Wright McCready Smiley
Chirkun Howrylak Miller, A. Somerville
Clemente Hughes Miller, D. Talabi
Cochran Iden Moss Tedder
Cole Inman Muxlow Theis
Cotter Irwin Neeley Townsend
Cox Jacobsen Nesbitt Vaupel
Crawford Jenkins Outman VerHeulen
Darany Johnson Pagan Victory
Driskell Kelly Pagel Webber
Faris Kesto Pettalia Wittenberg
Farrington Kosowski Phelps Yonker
Forlini LaFontaine Plawecki Zemke
Franz Lane Poleski
Nays—11
Banks Garrett Greimel Santana
Dianda Gay-Dagnogo Roberts, S. Yanez
Durhal Goike Robinson
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. 4854, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 309 and 312b (MCL 257.309 and 257.312b), section 309 as amended by 2015 PA 11 and section 312b as amended by 2013 PA 177.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 420 Yeas—101
Afendoulis Franz LaFontaine Potvin
Banks Garcia Lane Price
Barrett Gay-Dagnogo Lauwers Pscholka
Bizon Geiss LaVoy Rendon
Brinks Glardon Leonard Roberts, B.
Brunner Glenn Leutheuser Roberts, S.
Bumstead Goike Love Runestad
Byrd Graves Lucido Rutledge
Callton Greig Lyons Schor
Canfield Greimel Maturen Sheppard
Chang Guerra McBroom Singh
Chatfield Heise McCready Smiley
Chirkun Hooker Miller, A. Somerville
Clemente Hovey-Wright Miller, D. Talabi
Cochran Howrylak Moss Tedder
Cole Hughes Muxlow Theis
Cotter Iden Neeley Townsend
Cox Inman Nesbitt Vaupel
Crawford Irwin Outman VerHeulen
Darany Jacobsen Pagan Victory
Dianda Jenkins Pagel Webber
Driskell Johnson Pettalia Wittenberg
Durhal Kelly Phelps Yanez
Faris Kesto Plawecki Yonker
Farrington Kosowski Poleski Zemke
Forlini
Nays—5
Garrett Liberati Robinson Santana
Hoadley
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. 516, 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, 5b, 8, and 12a (MCL 28.421, 28.425b, 28.428, and 28.432a), section 1 as amended by 2015 PA 25, section 5b as amended by 2015 PA 16, section 8 as amended by 2015 PA 3, and section 12a as amended by 2006 PA 559.
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. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Nesbitt moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 516, 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, 5b, 8, and 12a (MCL 28.421, 28.425b, 28.428, and 28.432a), section 1 as amended by 2015 PA 25, section 5b as amended by 2015 PA 16, section 8 as amended by 2015 PA 3, and section 12a as amended by 2006 PA 559.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 421 Yeas—83
Afendoulis Forlini Kosowski Plawecki
Barrett Franz LaFontaine Poleski
Bizon Garcia Lane Potvin
Brinks Geiss Lauwers Price
Brunner Glardon LaVoy Pscholka
Bumstead Glenn Leonard Rendon
Callton Goike Leutheuser Roberts, B.
Canfield Graves Liberati Runestad
Chatfield Greimel Lucido Rutledge
Chirkun Guerra Lyons Sheppard
Clemente Heise Maturen Smiley
Cochran Hooker McBroom Somerville
Cole Howrylak McCready Tedder
Cotter Hughes Miller, A. Theis
Cox Iden Miller, D. Vaupel
Crawford Inman Muxlow VerHeulen
Darany Jacobsen Nesbitt Victory
Dianda Jenkins Outman Webber
Driskell Johnson Pagel Yanez
Faris Kelly Pettalia Yonker
Farrington Kesto Phelps
Nays—23
Banks Greig Neeley Singh
Byrd Hoadley Pagan Talabi
Chang Hovey-Wright Roberts, S. Townsend
Durhal Irwin Robinson Wittenberg
Garrett Love Santana Zemke
Gay-Dagnogo Moss Schor
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. 4933, entitled
A bill to amend 2000 PA 251, entitled “Patient’s right to independent review act,” by amending sections 3, 5, 7, 9, 11, 13, 17, 19, 23, 25, and 27 (MCL 550.1903, 550.1905, 550.1907, 550.1909, 550.1911, 550.1913, 550.1917, 550.1919, 550.1923, 550.1925, and 550.1927), section 3 as amended by 2006 PA 542 and sections 11, 13, and 23 as amended by 2000 PA 398.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 422 Yeas—105
Afendoulis Garcia LaFontaine Potvin
Banks Garrett Lane Price
Barrett Gay-Dagnogo Lauwers Pscholka
Bizon Geiss LaVoy Rendon
Brinks Glardon Leonard Roberts, B.
Brunner Glenn Leutheuser Roberts, S.
Bumstead Goike Liberati Runestad
Byrd Graves Love Rutledge
Callton Greig Lucido Santana
Canfield Greimel Lyons Schor
Chang Guerra Maturen Sheppard
Chatfield Heise McBroom Singh
Chirkun Hoadley McCready Smiley
Clemente Hooker Miller, A. Somerville
Cochran Hovey-Wright Miller, D. Talabi
Cole Howrylak Moss Tedder
Cotter Hughes Muxlow Theis
Cox Iden Neeley Townsend
Crawford Inman Nesbitt Vaupel
Darany Irwin Outman VerHeulen
Dianda Jacobsen Pagan Victory
Driskell Jenkins Pagel Webber
Durhal Johnson Pettalia Wittenberg
Faris Kelly Phelps Yanez
Farrington Kesto Plawecki Yonker
Forlini Kosowski Poleski Zemke
Franz
Nays—1
Robinson
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. 4934, entitled
A bill to amend 1984 PA 64, entitled “The coordination of benefits act,” by amending the title and sections 2, 3, and 4 (MCL 550.252, 550.253, and 550.254), section 3 as amended by 1996 PA 325; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 423 Yeas—105
Afendoulis Garcia LaFontaine Potvin
Banks Garrett Lane Price
Barrett Gay-Dagnogo Lauwers Pscholka
Bizon Geiss LaVoy Rendon
Brinks Glardon Leonard Roberts, B.
Brunner Glenn Leutheuser Roberts, S.
Bumstead Goike Liberati Runestad
Byrd Graves Love Rutledge
Callton Greig Lucido Santana
Canfield Greimel Lyons Schor
Chang Guerra Maturen Sheppard
Chatfield Heise McBroom Singh
Chirkun Hoadley McCready Smiley
Clemente Hooker Miller, A. Somerville
Cochran Hovey-Wright Miller, D. Talabi
Cole Howrylak Moss Tedder
Cotter Hughes Muxlow Theis
Cox Iden Neeley Townsend
Crawford Inman Nesbitt Vaupel
Darany Irwin Outman VerHeulen
Dianda Jacobsen Pagan Victory
Driskell Jenkins Pagel Webber
Durhal Johnson Pettalia Wittenberg
Faris Kelly Phelps Yanez
Farrington Kesto Plawecki Yonker
Forlini Kosowski Poleski Zemke
Franz
Nays—1
Robinson
In The Chair: Leonard
The House agreed to the title of the bill.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4935, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 106, 116, 120, 222, 402, 454, 460, 462, 606, 1210, 2003, 2006, 2059, 2212a, 2212b, 2213, 2213a, 2213b, 2214, 2236, 2237, 3400, 3402, 3403, 3404, 3405, 3406a, 3406c, 3406d, 3406e, 3406j, 3406k, 3406l, 3406m, 3406n, 3406o, 3406p, 3406q, 3406r, 3406s, 3407, 3407b, 3408, 3409, 3411, 3412, 3413, 3414, 3416, 3418, 3420, 3422, 3424, 3425, 3426, 3428, 3432, 3438, 3440, 3452, 3472, 3474, 3474a, 3475, 3476, 3501, 3503, 3505, 3507, 3508, 3509, 3511, 3513, 3515, 3517, 3519, 3528, 3533, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, 3571, 3573, 3701, 3703, 3705, 3711, 3723, 4601, 4701, 6428, 7060, and 7705 (MCL 500.106, 500.116, 500.120, 500.222, 500.402, 500.454, 500.460, 500.462, 500.606, 500.1210, 500.2003, 500.2006, 500.2059, 500.2212a, 500.2212b, 500.2213, 500.2213a, 500.2213b, 500.2214, 500.2236, 500.2237, 500.3400, 500.3402, 500.3403, 500.3404, 500.3405, 500.3406a, 500.3406c, 500.3406d, 500.3406e, 500.3406j, 500.3406k, 500.3406l, 500.3406m, 500.3406n, 500.3406o, 500.3406p, 500.3406q, 500.3406r, 500.3406s, 500.3407, 500.3407b, 500.3408, 500.3409, 500.3411, 500.3412, 500.3413, 500.3414, 500.3416, 500.3418, 500.3420, 500.3422, 500.3424, 500.3425, 500.3426, 500.3428, 500.3432, 500.3438, 500.3440, 500.3452, 500.3472, 500.3474, 500.3474a, 500.3475, 500.3476, 500.3501, 500.3503, 500.3505, 500.3507, 500.3508, 500.3509, 500.3511, 500.3513, 500.3515, 500.3517, 500.3519, 500.3528, 500.3533, 500.3535, 500.3545, 500.3547, 500.3548, 500.3551, 500.3553, 500.3555, 500.3557, 500.3559, 500.3561, 500.3563, 500.3569, 500.3571, 500.3573, 500.3701, 500.3703, 500.3705, 500.3711, 500.3723, 500.4601, 500.4701, 500.6428, 500.7060, and 500.7705), section 116 as added by 1992 PA 182, section 222 as amended by 1994 PA 443, section 454 as amended by 1987 PA 168, section 1210 as added and section 2059 as amended by 1986 PA 253, section 2006 as amended by 2004 PA 28, section 2212a as amended by 2001 PA 235, section 2212b as amended by 2000 PA 486, section 2213 as amended by 2012 PA 445, section 2213a as amended by 2002 PA 707, sections 2213b, 3426, and 3705 as amended and sections 3428, 3472, and 3474a as added by 2013 PA 5, section 2236 as amended by 2014 PA 140, sections 3405 and 3475 as amended by 2014 PA 263, section 3406a as added by 1982 PA 527, section 3406c as amended by 1994 PA 233, sections 3406d and 3406e as added by 1989 PA 59, section 3406j as added by 1998 PA 136, section 3406k as amended by 2004 PA 7, section 3406l as added by 2004 PA 171, section 3406m as added by 1998 PA 402, section 3406n as added by 1999 PA 179, section 3406o as added by 1999 PA 177, section 3406p as added by 2000 PA 425, section 3406q as amended and sections 3701, 3703, 3711, and 3723 as added by 2003 PA 88, section 3406r as added by 2004 PA 375, section 3406s as added by 2012 PA 100, section 3407b as added by 2000 PA 27, section 3409 as amended by 1990 PA 170, section 3418 as amended by 1984 PA 280, section 3425 as added by 1980 PA 429, section 3440 as amended by 1987 PA 52, section 3476 as added by 2012 PA 215, sections 3501, 3505, 3507, 3508, 3509, 3511, 3513, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, and 3573 as added by 2000 PA 252, section 3503 as amended by 2006 PA 366, sections 3515, 3517, 3519, 3533, and 3571 as amended by 2005 PA 306, section 3528 as amended by 2002 PA 621, sections 4601 and 4701 as added by 2008 PA 29, section 7060 as amended by 1999 PA 82, and section 7705 as amended by 2006 PA 671, and by adding sections 607, 3400a, 3400b, 3401a, 3402a, 3402b, 3402c, 3402d, 3402e, 3402f, 3402g, 3402h, 3477, and 3544; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 424 Yeas—103
Afendoulis Franz Lane Price
Banks Garcia Lauwers Pscholka
Barrett Gay-Dagnogo LaVoy Rendon
Bizon Geiss Leonard Roberts, B.
Brinks Glardon Leutheuser Roberts, S.
Brunner Glenn Liberati Runestad
Bumstead Goike Love Rutledge
Byrd Graves Lucido Santana
Callton Greig Lyons Schor
Canfield Greimel Maturen Sheppard
Chang Guerra McBroom Singh
Chatfield Heise McCready Smiley
Chirkun Hoadley Miller, A. Somerville
Clemente Hooker Miller, D. Talabi
Cochran Hovey-Wright Moss Tedder
Cole Howrylak Muxlow Theis
Cotter Hughes Neeley Townsend
Cox Iden Nesbitt Vaupel
Crawford Inman Outman VerHeulen
Darany Jacobsen Pagan Victory
Dianda Jenkins Pagel Webber
Driskell Johnson Pettalia Wittenberg
Durhal Kelly Phelps Yanez
Faris Kesto Plawecki Yonker
Farrington Kosowski Poleski Zemke
Forlini LaFontaine Potvin
Nays—3
Garrett Irwin Robinson
In The Chair: Leonard
The question being on agreeing to the title of the bill,
Rep. Garcia moved to amend the title to read as follows:
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 106, 116, 120, 221, 222, 250, 402, 436, 436a, 454, 460, 462, 606, 632, 1001, 2003, 2006, 2059, 2212a, 2212b, 2213, 2213a, 2213b, 2214, 2236, 2237, 3400, 3402, 3403, 3404, 3405, 3405a, 3406a, 3406c, 3406d, 3406e, 3406j, 3406k, 3406l, 3406m, 3406n, 3406o, 3406p, 3406q, 3406r, 3406s, 3407, 3407b, 3408, 3409, 3411, 3412, 3413, 3414, 3416, 3418, 3420, 3422, 3424, 3425, 3426, 3428, 3432, 3438, 3440, 3452, 3472, 3474, 3474a, 3475, 3476, 3501, 3503, 3505, 3507, 3508, 3509, 3511, 3513, 3515, 3517, 3519, 3528, 3533, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, 3571, 3573, 3701, 3703, 3705, 3711, 3723, 4601, 4701, 6428, 7060, and 7705 (MCL 500.106, 500.116, 500.120, 500.221, 500.222, 500.250, 500.402, 500.436, 500.436a, 500.454, 500.460, 500.462, 500.606, 500.632, 500.1001, 500.2003, 500.2006, 500.2059, 500.2212a, 500.2212b, 500.2213, 500.2213a, 500.2213b, 500.2214, 500.2236, 500.2237, 500.3400, 500.3402, 500.3403, 500.3404, 500.3405, 500.3405a, 500.3406a, 500.3406c, 500.3406d, 500.3406e, 500.3406j, 500.3406k, 500.3406l, 500.3406m, 500.3406n, 500.3406o, 500.3406p, 500.3406q, 500.3406r, 500.3406s, 500.3407, 500.3407b, 500.3408, 500.3409, 500.3411, 500.3412, 500.3413, 500.3414, 500.3416, 500.3418, 500.3420, 500.3422, 500.3424, 500.3425, 500.3426, 500.3428, 500.3432, 500.3438, 500.3440, 500.3452, 500.3472, 500.3474, 500.3474a, 500.3475, 500.3476, 500.3501, 500.3503, 500.3505, 500.3507, 500.3508, 500.3509, 500.3511, 500.3513, 500.3515, 500.3517, 500.3519, 500.3528, 500.3533, 500.3535, 500.3545, 500.3547, 500.3548, 500.3551, 500.3553, 500.3555, 500.3557, 500.3559, 500.3561, 500.3563, 500.3569, 500.3571, 500.3573, 500.3701, 500.3703, 500.3705, 500.3711, 500.3723, 500.4601, 500.4701, 500.6428, 500.7060, and 500.7705), sections 116 and 436a as added and section 436 as amended by 1992 PA 182, section 221 as added by 2001 PA 275, section 222 as amended by 1994 PA 443, section 250 as amended by 2002 PA 684, section 454 as amended by 1987 PA 168, section 632 as amended by 1994 PA 226, section 1001 as amended by 2008 PA 342, section 2006 as amended by 2004 PA 28, section 2059 as amended by 1986 PA 253, section 2212a as amended by 2001 PA 235, section 2212b as amended by 2000 PA 486, section 2213 as amended by 2012 PA 445, section 2213a as amended by 2002 PA 707, sections 2213b, 3426, and 3705 as amended and sections 3405a, 3428, 3472, and 3474a as added by 2013 PA 5, section 2236 as amended by 2014 PA 140, sections 3405 and 3475 as amended by 2014 PA 263, section 3406a as added by 1982 PA 527, section 3406c as amended by 1994 PA 233, sections 3406d and 3406e as added by 1989 PA 59, section 3406j as added by 1998 PA 136, section 3406k as amended by 2004 PA 7, section 3406l as added by 2004 PA 171, section 3406m as added by 1998 PA 402, section 3406n as added by 1999 PA 179, section 3406o as added by 1999 PA 177, section 3406p as added by 2000 PA 425, section 3406q as amended and sections 3701, 3703, 3711, and 3723 as added by 2003 PA 88, section 3406r as added by 2004 PA 375, section 3406s as added by 2012 PA 100, section 3407b as added by 2000 PA 27, section 3409 as amended by 1990 PA 170, section 3418 as amended by 1984 PA 280, section 3425 as added by 1980 PA 429, section 3440 as amended by 1987 PA 52, section 3476 as added by 2012 PA 215, sections 3501, 3505, 3507, 3508, 3509, 3511, 3513, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, and 3573 as added by 2000 PA 252, section 3503 as amended by 2006 PA 366, sections 3515, 3517, 3519, 3533, and 3571 as amended by 2005 PA 306, section 3528 as amended by 2002 PA 621, sections 4601 and 4701 as added by 2008 PA 29, section 7060 as amended by 1999 PA 82, and section 7705 as amended by 2006 PA 671, and by adding sections 607, 608, 3401a, 3402a, 3402b, 3402c, 3402d, 3402e, 3402f, 3402g, 3402h, 3477, and 3544; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Cox to the Chair.
House Bill No. 5023, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 75102 (MCL 324.75102), as amended by 2012 PA 251.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 425 Yeas—88
Afendoulis Gay-Dagnogo LaVoy Pscholka
Banks Geiss Leonard Rendon
Bizon Glardon Leutheuser Roberts, B.
Brinks Graves Liberati Roberts, S.
Brunner Greig Love Robinson
Byrd Greimel Lyons Rutledge
Callton Guerra Maturen Santana
Canfield Heise McBroom Schor
Chang Hoadley Miller, A. Sheppard
Chirkun Hovey-Wright Miller, D. Singh
Clemente Howrylak Moss Smiley
Cochran Hughes Neeley Talabi
Cotter Iden Nesbitt Tedder
Cox Inman Outman Townsend
Crawford Irwin Pagan Vaupel
Darany Jacobsen Pagel VerHeulen
Driskell Jenkins Pettalia Victory
Durhal Kesto Phelps Webber
Faris Kosowski Plawecki Wittenberg
Forlini LaFontaine Poleski Yanez
Garcia Lane Potvin Yonker
Garrett Lauwers Price Zemke
Nays—18
Barrett Farrington Johnson Muxlow
Bumstead Franz Kelly Runestad
Chatfield Glenn Lucido Somerville
Cole Goike McCready Theis
Dianda Hooker
In The Chair: Cox
The House agreed to the title of the bill.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker Pro Tempore resumed the Chair.
Senate Bill No. 274, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2012 PA 282.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 426 Yeas—106
Afendoulis Garcia Lane Price
Banks Garrett Lauwers Pscholka
Barrett Gay-Dagnogo LaVoy Rendon
Bizon Geiss Leonard Roberts, B.
Brinks Glardon Leutheuser Roberts, S.
Brunner Glenn Liberati Robinson
Bumstead Goike Love Runestad
Byrd Graves Lucido Rutledge
Callton Greig Lyons Santana
Canfield Greimel Maturen Schor
Chang Guerra McBroom Sheppard
Chatfield Heise McCready Singh
Chirkun Hoadley Miller, A. Smiley
Clemente Hooker Miller, D. Somerville
Cochran Hovey-Wright Moss Talabi
Cole Howrylak Muxlow Tedder
Cotter Hughes Neeley Theis
Cox Iden Nesbitt Townsend
Crawford Inman Outman Vaupel
Darany Irwin Pagan VerHeulen
Dianda Jacobsen Pagel Victory
Driskell Jenkins Pettalia Webber
Durhal Johnson Phelps Wittenberg
Faris Kelly Plawecki Yanez
Farrington Kesto Poleski Yonker
Forlini Kosowski Potvin Zemke
Franz LaFontaine
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 provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”
The House agreed to the full title.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4930, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19.
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. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4888, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24 (MCL 211.24), as amended by 2012 PA 409.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Local Government,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Hughes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4812, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17702, 17704, and 17755 (MCL 333.17702, 333.17704, and 333.17755), sections 17702 and 17704 as amended by 2014 PA 280.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Bizon moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4598, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16326 and part 171.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Regulatory Reform,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. McBroom moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4983, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74116 (MCL 324.74116), as amended by 2013 PA 81.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism and Outdoor Recreation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Rendon moved to amend the bill as follows:
1. Amend page 3, line 2, by striking out all of subdivision (D) and inserting:
“(D) ON A DAY THAT THE DEPARTMENT HAS DESIGNATED AS A FREE WINTER FISHING DAY OR A FREE FISHING DAY UNDER SECTION 43534.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Rendon moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4908, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111a (MCL 324.40111a), as amended by 2009 PA 199.
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.
Senate Bill No. 372, entitled
A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending section 9 (MCL 29.369), as amended by 2013 PA 166.
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.
Senate Bill No. 427, entitled
A bill to amend 1963 PA 17, entitled “An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health,” by amending sections 1 and 2 (MCL 691.1501 and 691.1502), as amended by 2002 PA 543.
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.
Senate Bill No. 556, entitled
A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 16 (MCL 207.856).
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.
By unanimous consent the House returned to the order of
Third Reading of Bills
Rep. Garcia moved that House Bill No. 4930 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4930, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 427 Yeas—81
Afendoulis Garcia Lane Poleski
Barrett Geiss Lauwers Potvin
Bizon Glardon LaVoy Price
Brinks Glenn Leonard Pscholka
Bumstead Goike Leutheuser Rendon
Byrd Graves Love Roberts, B.
Callton Greimel Lucido Runestad
Canfield Heise Lyons Rutledge
Chang Hooker Maturen Santana
Chatfield Howrylak McBroom Sheppard
Chirkun Hughes McCready Somerville
Clemente Iden Miller, A. Tedder
Cochran Inman Miller, D. Theis
Cole Jacobsen Muxlow Townsend
Cotter Jenkins Nesbitt Vaupel
Cox Johnson Outman VerHeulen
Crawford Kelly Pagel Victory
Dianda Kesto Pettalia Webber
Farrington Kosowski Phelps Yanez
Forlini LaFontaine Plawecki Yonker
Franz
Nays—25
Banks Gay-Dagnogo Liberati Schor
Brunner Greig Moss Singh
Darany Guerra Neeley Smiley
Driskell Hoadley Pagan Talabi
Durhal Hovey-Wright Roberts, S. Wittenberg
Faris Irwin Robinson Zemke
Garrett
In The Chair: Leonard
The House agreed to the title of the bill.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Garcia moved that House Bill No. 4888 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4888, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24 (MCL 211.24), as amended by 2012 PA 409.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 428 Yeas—105
Afendoulis Garcia Lane Price
Banks Garrett Lauwers Pscholka
Barrett Gay-Dagnogo LaVoy Rendon
Bizon Geiss Leonard Roberts, B.
Brinks Glardon Leutheuser Roberts, S.
Brunner Glenn Liberati Robinson
Bumstead Goike Love Runestad
Byrd Graves Lucido Rutledge
Callton Greig Lyons Santana
Canfield Greimel Maturen Schor
Chang Guerra McBroom Sheppard
Chatfield Heise McCready Singh
Chirkun Hoadley Miller, A. Smiley
Clemente Hooker Miller, D. Somerville
Cochran Hovey-Wright Moss Talabi
Cole Hughes Muxlow Tedder
Cotter Iden Neeley Theis
Cox Inman Nesbitt Townsend
Crawford Irwin Outman Vaupel
Darany Jacobsen Pagan VerHeulen
Dianda Jenkins Pagel Victory
Driskell Johnson Pettalia Webber
Durhal Kelly Phelps Wittenberg
Faris Kesto Plawecki Yanez
Farrington Kosowski Poleski Yonker
Forlini LaFontaine Potvin Zemke
Franz
Nays—1
Howrylak
In The Chair: Leonard
The House agreed to the title of the bill.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Garcia moved that House Bill No. 4812 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4812, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17702, 17704, and 17755 (MCL 333.17702, 333.17704, and 333.17755), sections 17702 and 17704 as amended by 2014 PA 280.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 429 Yeas—101
Afendoulis Garcia LaFontaine Potvin
Banks Gay-Dagnogo Lane Price
Barrett Geiss Lauwers Pscholka
Bizon Glardon LaVoy Rendon
Brinks Glenn Leonard Roberts, B.
Brunner Goike Leutheuser Roberts, S.
Bumstead Graves Love Runestad
Byrd Greig Lucido Rutledge
Callton Greimel Lyons Santana
Canfield Guerra Maturen Schor
Chang Heise McBroom Sheppard
Chatfield Hoadley McCready Singh
Clemente Hooker Miller, A. Smiley
Cochran Hovey-Wright Miller, D. Somerville
Cole Howrylak Moss Talabi
Cotter Hughes Muxlow Tedder
Cox Iden Neeley Theis
Crawford Inman Nesbitt Townsend
Darany Irwin Outman Vaupel
Dianda Jacobsen Pagan VerHeulen
Driskell Jenkins Pagel Victory
Durhal Johnson Pettalia Webber
Faris Kelly Phelps Yanez
Farrington Kesto Plawecki Yonker
Forlini Kosowski Poleski Zemke
Franz
Nays—5
Chirkun Liberati Robinson Wittenberg
Garrett
In The Chair: Leonard
The House agreed to the title of the bill.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Singh moved that Rep. Rutledge be excused from the balance of today’s session.
The motion prevailed.
Rep. Garcia moved that Senate Bill No. 372 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 372, entitled
A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending section 9 (MCL 29.369), as amended by 2013 PA 166.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 430 Yeas—105
Afendoulis Garcia LaFontaine Potvin
Banks Garrett Lane Price
Barrett Gay-Dagnogo Lauwers Pscholka
Bizon Geiss LaVoy Rendon
Brinks Glardon Leonard Roberts, B.
Brunner Glenn Leutheuser Roberts, S.
Bumstead Goike Liberati Robinson
Byrd Graves Love Runestad
Callton Greig Lucido Santana
Canfield Greimel Lyons Schor
Chang Guerra Maturen Sheppard
Chatfield Heise McBroom Singh
Chirkun Hoadley McCready Smiley
Clemente Hooker Miller, A. Somerville
Cochran Hovey-Wright Miller, D. Talabi
Cole Howrylak Moss Tedder
Cotter Hughes Muxlow Theis
Cox Iden Neeley Townsend
Crawford Inman Nesbitt Vaupel
Darany Irwin Outman VerHeulen
Dianda Jacobsen Pagan Victory
Driskell Jenkins Pagel Webber
Durhal Johnson Pettalia Wittenberg
Faris Kelly Phelps Yanez
Farrington Kesto Plawecki Yonker
Forlini Kosowski Poleski Zemke
Franz
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 create the firefighters training council; to prescribe the powers and duties of the council, the state fire marshal, and certain fire departments and other organizations; to create the firefighters training council fund and to provide for allocations from the fund to local agencies of government participating in a firefighters training program; and to make an appropriation,”
The House agreed to the full title.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Garcia moved that Senate Bill No. 427 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 427, entitled
A bill to amend 1963 PA 17, entitled “An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health,” by amending sections 1 and 2 (MCL 691.1501 and 691.1502), as amended by 2002 PA 543.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 431 Yeas—105
Afendoulis Garcia LaFontaine Potvin
Banks Garrett Lane Price
Barrett Gay-Dagnogo Lauwers Pscholka
Bizon Geiss LaVoy Rendon
Brinks Glardon Leonard Roberts, B.
Brunner Glenn Leutheuser Roberts, S.
Bumstead Goike Liberati Robinson
Byrd Graves Love Runestad
Callton Greig Lucido Santana
Canfield Greimel Lyons Schor
Chang Guerra Maturen Sheppard
Chatfield Heise McBroom Singh
Chirkun Hoadley McCready Smiley
Clemente Hooker Miller, A. Somerville
Cochran Hovey-Wright Miller, D. Talabi
Cole Howrylak Moss Tedder
Cotter Hughes Muxlow Theis
Cox Iden Neeley Townsend
Crawford Inman Nesbitt Vaupel
Darany Irwin Outman VerHeulen
Dianda Jacobsen Pagan Victory
Driskell Jenkins Pagel Webber
Durhal Johnson Pettalia Wittenberg
Faris Kelly Phelps Yanez
Farrington Kesto Plawecki Yonker
Forlini Kosowski Poleski Zemke
Franz
Nays—0
In The Chair: Leonard
The House agreed to the title of the bill.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4159, 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 section 5o (MCL 28.425o), as amended by 2014 PA 206.
The Senate has substituted (S-5) the bill.
The Senate has passed the bill as substituted (S-5), ordered that it be given immediate effect and amended 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 section 5o (MCL 28.425o), as amended by 2015 PA 16.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Garcia moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-5) made to the bill by the Senate,
The substitute (S-5) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 432 Yeas—82
Afendoulis Forlini Kosowski Pettalia
Barrett Franz LaFontaine Phelps
Bizon Garcia Lane Poleski
Brinks Geiss Lauwers Potvin
Brunner Glardon LaVoy Price
Bumstead Glenn Leonard Pscholka
Callton Goike Leutheuser Rendon
Canfield Graves Liberati Roberts, B.
Chatfield Greimel Lucido Runestad
Chirkun Guerra Lyons Sheppard
Clemente Heise Maturen Smiley
Cochran Hooker McBroom Somerville
Cole Howrylak McCready Tedder
Cotter Hughes Miller, A. Theis
Cox Iden Miller, D. Vaupel
Crawford Inman Muxlow VerHeulen
Darany Jacobsen Nesbitt Victory
Dianda Jenkins Outman Webber
Driskell Johnson Pagan Yanez
Faris Kelly Pagel Yonker
Farrington Kesto
Nays—23
Banks Greig Neeley Singh
Byrd Hoadley Plawecki Talabi
Chang Hovey-Wright Roberts, S. Townsend
Durhal Irwin Robinson Wittenberg
Garrett Love Santana Zemke
Gay-Dagnogo Moss Schor
In The Chair: Leonard
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Concurrent Resolution No. 18.
A concurrent resolution prescribing the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Tuesday, November 10, 2015, it stands adjourned until Tuesday, December 1, 2015, at 10:00 a.m.; and be it further
Resolved, That when the House of Representatives adjourns on Tuesday, November 10, 2015, it stands adjourned until Tuesday, December 1, 2015, at 1:30 p.m.
The Senate has adopted the concurrent resolution.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Garcia moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, a majority of the members present voting therefor.
______
Rep. Garcia moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Rep. Garcia moved that when the House adjourns today it stand adjourned until Tuesday, December 1, at 1:30 p.m.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, November 5:
Senate Bill Nos. 606 607
The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, November 6:
House Bill Nos. 5063 5064 5065
The Clerk announced the enrollment printing and presentation to the Governor on Monday, November 9, for his approval of the following bills:
Enrolled House Bill No. 4370 at 10:20 a.m.
Enrolled House Bill No. 4610 at 10:22 a.m.
Enrolled House Bill No. 4611 at 10:24 a.m.
Enrolled House Bill No. 4614 at 10:26 a.m.
Enrolled House Bill No. 4616 at 10:28 a.m.
Enrolled House Bill No. 4736 at 10:30 a.m.
Enrolled House Bill No. 4737 at 10:32 a.m.
Enrolled House Bill No. 4738 at 10:34 a.m.
Enrolled House Bill No. 4039 at 2:22 p.m.
Enrolled House Bill No. 4134 at 2:24 p.m.
Enrolled House Bill No. 4195 at 2:26 p.m.
Enrolled House Bill No. 4196 at 2:28 p.m.
Enrolled House Bill No. 4362 at 2:30 p.m.
Enrolled House Bill No. 4365 at 2:32 p.m.
Enrolled House Bill No. 4390 at 2:34 p.m.
Enrolled House Bill No. 4562 at 2:36 p.m.
The Clerk announced that the following Senate bills had been received on Tuesday, November 10:
Senate Bill Nos. 110 279 280 471 492 493 552
Reports of Standing Committees
The Committee on Education, by Rep. Price, Chair, reported
House Bill No. 4493, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278 and 1279g (MCL 380.1278 and 380.1279g), section 1278 as amended by 2004 PA 596 and section 1279g as amended by 2008 PA 349, and by adding section 1168.
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. Price, Garcia, Callton, Hooker, Lyons, McBroom, Somerville, Yonker, Kelly, Chatfield, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: None
The Committee on Education, by Rep. Price, Chair, reported
Senate Bill No. 209, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278 (MCL 380.1278), as amended by 2004 PA 596, and by adding sections 1167 and 1279h.
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. Price, Garcia, Callton, Hooker, Lyons, McBroom, Somerville, Yonker, Kelly, Chatfield and Tedder
Nays: None
The Committee on Education, by Rep. Price, Chair, reported
Senate Bill No. 211, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168.
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. Price, Garcia, Callton, Hooker, Lyons, McBroom, Somerville, Yonker, Kelly, Chatfield and Tedder
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Price, Chair, of the Committee on Education, was received and read:
Meeting held on: Thursday, November 5, 2015
Present: Reps. Price, Garcia, Callton, Hooker, Lyons, McBroom, Somerville, Yonker, Kelly, Chatfield, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
The Committee on Energy Policy, by Rep. Nesbitt, Chair, reported
House Bill No. 4297, entitled
A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending sections 1, 3, 5, 7, 9, 11, 13, 21, 27, 39, 43, 45, 89, 91, 93, and 95 (MCL 460.1001, 460.1003, 460.1005, 460.1007, 460.1009, 460.1011, 460.1013, 460.1021, 460.1027, 460.1039, 460.1043, 460.1045, 460.1089, 460.1091, 460.1093, and 460.1095), section 93 as amended by 2010 PA 269; and to repeal acts and parts of acts.
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. Nesbitt, Glenn, Jacobsen, LaFontaine, McBroom, Outman, Pettalia, Barrett, Cole, Lucido, Maturen, Brett Roberts, Sheppard, Webber, LaVoy, Brunner, Lane, Kivela, Kosowski, Byrd and Garrett
Nays: Reps. Hughes, Dianda and Derek Miller
The Committee on Energy Policy, by Rep. Nesbitt, Chair, reported
House Bill No. 4298, 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,” by amending the title and sections 6a, 6b, 6l, 6m, 6s, 10, 10a, 10c, 10e, 10g, 10q, 10t, and 10y (MCL 460.6a, 460.6b, 460.6l, 460.6m, 460.6s, 460.10, 460.10a, 460.10c, 460.10e, 460.10g, 460.10q, 460.10t, and 460.10y), the title as amended by 2005 PA 190, sections 6a, 10, 10a, 10g, and 10y as amended and section 6s as added by 2008 PA 286, section 6b as amended by 1982 PA 212, section 6l as amended and sections 10c, 10e, 10q, and 10t as added by 2000 PA 141, and section 6m as amended by 2014 PA 170, and by adding section 6t; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-9) 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. Nesbitt, Jacobsen, McBroom, Outman, Pettalia, Cole, Maturen, Brett Roberts, Sheppard, Webber, LaVoy, Brunner, Lane, Kivela, Kosowski, Byrd, Garrett and Plawecki
Nays: Reps. Glenn, LaFontaine, Hughes, Barrett, Lucido, Dianda and Derek Miller
The Committee on Energy Policy, by Rep. Nesbitt, Chair, reported
House Bill No. 4575, entitled
A bill to regulate the siting and construction of certain electric transmission lines; to prescribe powers and duties of certain state and local entities and officials; to create a board; to prescribe the board’s powers and duties; and to provide for certain fees.
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. Nesbitt, Glenn, Jacobsen, LaFontaine, McBroom, Outman, Pettalia, Hughes, Barrett, Cole, Lucido, Brett Roberts, Sheppard, Webber, LaVoy, Brunner, Kivela, Kosowski and Byrd
Nays: Reps. Maturen, Lane, Dianda and Derek Miller
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nesbitt, Chair, of the Committee on Energy Policy, was received and read:
Meeting held on: Thursday, November 5, 2015
Present: Reps. Nesbitt, Glenn, Jacobsen, LaFontaine, McBroom, Outman, Pettalia, Hughes, Barrett, Cole, Lucido, Maturen, Brett Roberts, Sheppard, Webber, LaVoy, Brunner, Lane, Dianda, Kivela, Kosowski, Byrd, Garrett, Derek Miller and Plawecki
The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported
Senate Bill No. 400, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of part 121 and sections 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587.
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. LaFontaine, Rendon, Forlini, Goike, Lyons, McBroom, Smiley and Plawecki
Nays: None
The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported
Senate Bill No. 401, entitled
A bill to amend 1998 PA 138, entitled “Hazardous materials transportation act,” by amending sections 2 and 3 (MCL 29.472 and 29.473), section 2 as amended by 2013 PA 74.
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. LaFontaine, Rendon, Forlini, Goike, Lyons, McBroom, Smiley and Plawecki
Nays: None
The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported
Senate Bill No. 402, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13c of chapter XVII (MCL 777.13c), as amended by 2006 PA 59.
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. LaFontaine, Rendon, Forlini, Goike, Lyons, McBroom, Smiley and Plawecki
Nays: None
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, November 10, 2015
Present: Reps. LaFontaine, Rendon, Forlini, Goike, Lyons, McBroom, Smiley and Plawecki
Absent: Rep. Kivela
Excused: Rep. Kivela
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4765, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 49 (MCL 750.49), as amended by 2006 PA 129.
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. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4833, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 90h (MCL 750.90h), as added by 2011 PA 168.
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. Heise, Webber, Howrylak, Afendoulis and Lucido
Nays: Reps. Guerra, Hovey-Wright and Chang
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4834, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2012 PA 365.
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. Heise, Webber, Howrylak, Afendoulis and Lucido
Nays: Reps. Guerra, Hovey-Wright and Chang
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4870, entitled
A bill to prohibit certain acts by certain state and local governmental officers and entities at voluntary checkpoints and stops under certain circumstances.
With the recommendation that the bill be referred to the Committee on Judiciary.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Judiciary.
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, November 10, 2015
Present: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
House Bill No. 5006, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 5a.
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. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda 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, November 10, 2015
Present: Reps. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley
The Committee on Communications and Technology, by Rep. Jacobsen, Chair, reported
House Bill No. 5034, entitled
A bill to provide for fiduciary access to digital assets; and to provide for the powers and procedures of the court that has jurisdiction over these matters.
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. Jacobsen, Iden, Franz, Glardon, Outman, Price, Barrett, Leutheuser, Tedder, Phelps, Driskell, Chirkun and Greig
Nays: None
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, November 10, 2015
Present: Reps. Jacobsen, Iden, Franz, Glardon, Outman, Price, Barrett, Leutheuser, Tedder, Phelps, Driskell, Chirkun, Greig and Guerra
The Committee on Commerce and Trade, by Rep. Graves, Chair, reported
Senate Bill No. 310, entitled
A bill to prohibit an employer from discriminating against, disciplining, or discharging an employee who is absent from work to respond to an emergency as a civil air patrol volunteer; and to provide remedies for a violation of this act.
With the recommendation that the substitute (H-4) 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. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn, Leutheuser, Schor, Townsend, Byrd, Garrett, Geiss, Love and Moss
Nays: None
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, November 10, 2015
Present: Reps. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn, Leutheuser, Schor, Townsend, Byrd, Garrett, Geiss, Love and Moss
The Committee on Financial Services, by Rep. Forlini, Chair, reported
House Bill No. 5017, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending the title and sections 102, 103, 202, 214, 304, 305, 342, 345, 353, 355, 357, 401, 408, 409, 423, 431, and 432 (MCL 490.102, 490.103, 490.202, 490.214, 490.304, 490.305, 490.342, 490.345, 490.353, 490.355, 490.357, 490.401, 490.408, 490.409, 490.423, 490.431, and 490.432), sections 102, 214, 304, 342, 345, 357, 401, and 423 as amended by 2004 PA 471.
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. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love
Nays: None
The Committee on Financial Services, by Rep. Forlini, Chair, reported
House Bill No. 5018, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending sections 201, 210, 221, 303, 306, and 341 (MCL 490.201, 490.210, 490.221, 490.303, 490.306, and 490.341), sections 201 and 341 as amended by 2004 PA 471.
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. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love
Nays: None
The Committee on Financial Services, by Rep. Forlini, Chair, reported
House Bill No. 5019, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 407 (MCL 490.407), as amended by 2004 PA 471.
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. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love
Nays: None
The Committee on Financial Services, by Rep. Forlini, Chair, reported
House Bill No. 5020, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 207 (MCL 490.207).
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. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love
Nays: None
The Committee on Financial Services, by Rep. Forlini, Chair, reported
House Bill No. 5021, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 371 (MCL 490.371), as amended by 2004 PA 471.
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. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love
Nays: None
The Committee on Financial Services, by Rep. Forlini, Chair, reported
House Bill No. 5022, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 411 (MCL 490.411).
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. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Forlini, Chair, of the Committee on Financial Services, was received and read:
Meeting held on: Tuesday, November 10, 2015
Present: Reps. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love
The Committee on Judiciary, by Rep. Kesto, Chair, reported
House Bill No. 4413, entitled
A bill to create the address confidentiality program; to provide certain protections for victims of domestic abuse, sexual assault, stalking, or human trafficking; and to prescribe duties and responsibilities of certain state departments and agencies.
With the recommendation that the bill be referred to the Committee on Criminal Justice.
Favorable Roll Call
To Report Out:
Yeas: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Criminal Justice.
The Committee on Judiciary, by Rep. Kesto, Chair, reported
House Bill No. 4747, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5821 (MCL 600.5821), as amended by 1988 PA 35.
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. Kesto, Lucido, Heise, Johnson, Howrylak, Runestad, Irwin, Chang and Guerra
Nays: Reps. Cole and Robinson
The Committee on Judiciary, by Rep. Kesto, Chair, reported
House Bill No. 5028, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A.
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. Kesto, Lucido, Heise, Johnson, Cole, Runestad, Irwin, Robinson, Chang and Guerra
Nays: None
The Committee on Judiciary, by Rep. Kesto, Chair, reported
House Bill No. 5029, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A.
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. Kesto, Lucido, Heise, Johnson, Cole, Runestad, Irwin, Robinson, Chang and Guerra
Nays: None
The Committee on Judiciary, by Rep. Kesto, Chair, reported
House Bill No. 5030, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A.
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. Kesto, Lucido, Heise, Johnson, Cole, Runestad, Irwin, Robinson, Chang and Guerra
Nays: None
The Committee on Judiciary, by Rep. Kesto, Chair, reported
Senate Bill No. 529, entitled
A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872, 722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878, and 722.879), sections 2, 3, 4, and 9 as amended and sections 5a and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA 229, and by adding section 5c.
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. Kesto, Lucido, Heise, Johnson, Howrylak, Runestad, Irwin, Robinson, Chang and Guerra
Nays: None
The Committee on Judiciary, by Rep. Kesto, Chair, reported
Senate Bill No. 530, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2012 PA 163.
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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra
Nays: None
The Committee on Judiciary, by Rep. Kesto, Chair, reported
Senate Bill No. 531, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A.
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. Kesto, Lucido, Heise, Johnson, Cole, Runestad, Irwin, Robinson, Chang and Guerra
Nays: None
The Committee on Judiciary, by Rep. Kesto, Chair, reported
Senate Bill No. 532, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 176.
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. Kesto, Lucido, Heise, Johnson, Cole, Runestad, Irwin, Robinson, Chang and Guerra
Nays: None
The Committee on Judiciary, by Rep. Kesto, Chair, reported
Senate Bill No. 533, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1988.
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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kesto, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, November 10, 2015
Present: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra
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, November 10, 2015
Present: Reps. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Cochran, Phelps, Geiss, Liberati, Neeley and Wittenberg
Absent: Rep. Brinks
Excused: Rep. Brinks
Messages from the Senate
House Bill No. 4836, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1204f (MCL 500.1204f), as added by 2006 PA 442, and by adding section 3908 and chapter 39A.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4173, entitled
A bill to amend 1993 PA 330, entitled “State real estate transfer tax act,” by amending sections 3 and 6 (MCL 207.523 and 207.526), as amended by 2008 PA 473.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 110, entitled
A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” by amending section 9 (MCL 45.559), as amended by 2003 PA 281.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Elections.
Senate Bill No. 279, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 71 (MCL 38.1371), as amended by 1996 PA 268.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 280, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 10 (MCL 423.210), as amended by 2014 PA 414.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Senate Bill No. 471, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8134 (MCL 600.8134), as amended by 2014 PA 60.
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. 492, entitled
A bill to amend 1974 PA 269, entitled “Franchise investment law,” (MCL 445.1501 to 445.1546) by adding section 4b.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Senate Bill No. 493, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” (MCL 418.101 to 418.941) by adding section 120.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Senate Bill No. 552, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101 and 3122 (MCL 324.3101 and 324.3122), section 3101 as amended by 2006 PA 97 and section 3122 as amended by 2015 PA 82.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Messages from the Governor
Date: November 10, 2015
Time: 8:30 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4736 (Public Act No. 174), being
An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 801 (MCL 257.801), as amended by 2015 PA 78.
(Filed with the Secretary of State November 10, 2015, at 2:08 p.m.)
Date: November 10, 2015
Time: 8:32 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4737 (Public Act No. 175), being
An act to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10, 11, 12, 13, and 14 (MCL 247.660, 247.661, 247.662, 247.663, and 247.664), section 10 as amended by 2007 PA 210, section 11 as amended by 2002 PA 639, sections 12 and 13 as amended by 2012 PA 298, and section 14 as amended by 1987 PA 234, and by adding section 1j.
(Filed with the Secretary of State November 10, 2015, at 2:10 p.m.)
Date: November 10, 2015
Time: 12:50 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4738 (Public Act No. 176), being
An act to amend 2000 PA 403, entitled “An act to prescribe a tax on the sale and use of certain types of fuel in motor vehicles on the public roads or highways of this state and on certain other types of gas; to prescribe the manner and the time of collection and payment of this tax and the duties of officials and others pertaining to the payment and collection of this tax; to provide for the licensing of persons involved in the sale, use, or transportation of motor fuel and the collection and payment of the tax imposed by this act; to prescribe fees; to prescribe certain other powers and duties of certain state agencies and other persons; to provide for exemptions and refunds and for the disposition of the proceeds of this tax; to provide for appropriations from the proceeds of this tax; to prescribe remedies and penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 2, 3, 8, 22, 40, 45, 53, 63, 122, 143, 151, 152, 153, 154, and 155 (MCL 207.1002, 207.1003, 207.1008, 207.1022, 207.1040, 207.1045, 207.1053, 207.1063, 207.1122, 207.1143, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155), sections 2 and 122 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268; and to repeal acts and parts of acts.
(Filed with the Secretary of State November 10, 2015, at 2:12 p.m.)
Date: November 10, 2015
Time: 8:34 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4614 (Public Act No. 177, I.E.), being
An act to amend 2004 PA 175, entitled “An act to impose taxes and create credits and refundable credits to modify and equalize the impact of changes made to the general sales tax act and use tax act necessary to bring those taxes into compliance with the streamlined sales tax agreement so this state may participate in the streamlined sales tax system and governing board; to prescribe certain powers and duties of certain state departments; and to provide for the disbursement of certain proceeds,” by amending sections 3 and 5 (MCL 205.173 and 205.175).
(Filed with the Secretary of State November 10, 2015, at 2:14 p.m.)
Date: November 10, 2015
Time: 8:36 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4616 (Public Act No. 178, I.E.), being
An act to amend 1980 PA 119, entitled “An act to prescribe a privilege tax for the use of public roads and highways of this state by motor carriers by imposing a specific tax upon the use of motor fuel within this state; to provide for certain credits against this tax and certain mechanisms for paying, collecting, and enforcing this tax; to provide for the licensing of motor carriers and for exemptions from licensure; to require the keeping and providing for the examination of certain reports; to provide review procedures for the assessment of the tax and revocation of a license; to impose certain duties upon and confer certain powers to certain state departments and agencies; to prescribe certain penalties for the violation of this act; and to make appropriations,” by amending sections 1, 2, 2a, 4, 5, 6a, 8, 9, and 10 (MCL 207.211, 207.212, 207.212a, 207.214, 207.215, 207.216a, 207.218, 207.219, and 207.220), section 1 as amended by 2002 PA 667, sections 2 and 4 as amended by 2006 PA 346, section 2a as added by 1994 PA 353, section 5 as amended and section 6a as added by 1996 PA 584, and section 8 as amended by 2006 PA 449.
(Filed with the Secretary of State November 10, 2015, at 2:16 p.m.)
Date: November 10, 2015
Time: 12:52 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4370 (Public Act No. 179), being
An act to amend 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending sections 520 and 522 (MCL 206.520 and 206.522), section 520 as amended by 2011 PA 273 and section 522 as amended by 2013 PA 206, and by adding section 51d.
(Filed with the Secretary of State November 10, 2015, at 2:18 p.m.)
Date: November 10, 2015
Time: 8:40 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4610 (Public Act No. 181, I.E.), being
An act 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,” (MCL 220.1 to 239.6) by adding section 19c to chapter IV.
(Filed with the Secretary of State November 10, 2015, at 2:22 p.m.)
Date: November 10, 2015
Time: 8:42 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4611 (Public Act No. 182, I.E.), being
An act to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 11c (MCL 247.661c), as amended by 2002 PA 498.
(Filed with the Secretary of State November 10, 2015, at 2:24 p.m.)
The following message from the Governor was received November 5, 2015 and read:
EXECUTIVE ORDER
No. 2015 – 14
RESCISSION OF EXECUTIVE ORDER 2015-12
CREATION OF
PIPELINE SAFETY ADVISORY BOARD
MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and
WHEREAS, it is important that the state of Michigan ensure that oil and gas development and transportation is balanced with protecting public health, safety, and natural resources; and
WHEREAS, the state of Michigan recognizes the importance of oil and gas development, transportation, and use in the state’s economy; and
WHEREAS, state government leaders undertook an extensive review of the nexus between energy transmission and environmental protection with formation of the Michigan Petroleum Pipeline Task Force; and
WHEREAS, a key finding of the task force was that effective coordination of state and local resources – including stakeholders in conservation and environment, oil and gas development, and transportation, and other state agencies dealing with energy production and transportation – is needed to provide necessary transparency and to implement other task force recommendations; and
WHEREAS, establishment of a Pipeline Safety Advisory Board within the Michigan Department of Environmental Quality will advise and assist in the implementation of matters relating to hazardous liquid and gas pipeline safety, routing, construction, operation and maintenance, and provide recommendations for statutory, contractual, or procedural changes to improve the safety of pipelines in this state; and
WHEREAS, this amended Order is a replacement of Executive Order 2015-12;
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. CREATION OF THE PIPELINE SAFETY ADVISORY BOARD
A. The Pipeline Safety Advisory Board (the “Board”) is created as an advisory body to the Governor within the Michigan Department of Environmental Quality (the “Department”).
B. The Board shall consist of the following 16 members who shall serve a term expiring on December 31, 2018.
• The director of the Department of Environmental Quality, or his/her designee from within the Department of Environmental Quality;
• The Attorney General, or his/her designee from within the Department of Attorney General;
• The director of the Department of Natural Resources, or his/her designee from within the Department of Natural Resources;
• The director of the Michigan State Police, or his/her designee from within the Department of State Police;
• The executive director of the Michigan Agency for Energy, or his/her designee from within the Michigan Agency for Energy;
• The chairperson of the Public Service Commission, or his/her designee from within the Public Service Commission;
• An individual representing federal response and recovery agencies, or his/her designee from within that federal response and recovery agency, who shall be appointed by the Governor;
• An individual representing an environmental group who shall be appointed by the Governor;
• An individual who is an elected official of a tribal government located within Michigan that is recognized by and eligible to receive services from the United States Bureau of Indian Affairs who shall be appointed by the Governor;
• An individual representing a statewide conservation group who shall be appointed by the Governor;
• An individual representing pipeline operators who shall be appointed by the Governor;
• An individual representing the oil and gas industry who shall be appointed by the Governor;
• An individual representing public universities who shall be appointed by the Governor;
• An individual representing the hospitality and tourism industry who shall be appointed by the Governor;
• A technical consultant with experience in pipeline operations and safety who shall be appointed by the Governor; and
• An individual representing the public who shall be appointed by the Governor.
C. A vacancy on the Board occurring other than by expiration of the term designated in section I.B. shall be filled in the same manner as the original appointment for the balance of the unexpired term.
II. CHARGE TO THE BOARD
A. The Board shall act in an advisory capacity to the Governor and shall do all of the following:
1. Review and make recommendations for statutory, regulatory, and contractual implementation of the Michigan Petroleum Pipeline Task Force Report.
2. Identify areas of best practice in pipeline safety and siting across the United States that could be implemented in Michigan.
3. Review and make recommendations on state policies and procedures regarding emergency response and planning for pipelines.
4. Review and make recommendations on state policies and procedures regarding pipeline siting.
5. Review information submitted to the state in response to the Michigan Petroleum Pipeline Task Force Report.
6. Provide recommendations to increase transparency and public engagement on pipelines.
B. As directed by the Department Director, Department staff shall assist the Board with establishment of policies and procedures regarding the use of grants and other funds.
C. The Board shall provide other information or advice as requested by the Governor or the Department.
III. OPERATIONS OF THE BOARD
A. The Board shall be staffed and assisted by personnel from the Department as directed by the Department Director. Any budgeting, procurement, and related management functions of the Board shall be performed under the direction and supervision of the Department Director.
B. The Governor shall designate the Chairperson(s) of the Board.
C. The Board may select from among its members a Vice Chairperson.
D. The Board may select from among its members a Secretary. Board staff shall assist the Secretary with recordkeeping responsibilities.
E. The Board may create committees and advisory panels from among its members to assist in policymaking recommendations.
F. A majority of the members of the Board serving constitutes a quorum for the transaction of the board’s business. The Board shall act in making its recommendations by a majority vote of its serving members.
G. The Board shall adopt procedures consistent with Michigan law and this Order governing its organization and operations, and may establish committees and request public participation on advisory panels as the board deems necessary. The Board may adopt, reject, or modify any recommendations proposed by committees or advisory panels.
H. The Board shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Board.
I. In developing recommendations, the Board may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Board may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.
J. Members of the Board shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget, subject to available funding.
K. The Board may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the board and the performance of its duties as the Department Director deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget.
L. The Board may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures.
M. Members of the Board shall refer all legal, legislative, and media contacts to the Department.
IV. MISCELLANEOUS
A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state may give to the Board, or to any member or representative of the Board, any necessary assistance required by the Board or any member or representative of the Board, in the performance of the duties of the Board so far as is compatible with its, his, or her duties.
B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.
D. A member of the Pipeline Safety Advisory Board appointed and serving under section I.B. of Executive Order 2015‑12 shall continue under this Order as a member of the Pipeline Safety Advisory Board. Any and all actions taken by the Pipeline Safety Advisory Board created in Executive Order 2015-12 are ratified and shall carryforward as though taken under this Order.
E. The Board shall dissolve on December 31, 2018, at the expiration of the term of office of Board members provided in Section I.B.
F. Executive Order 2015-12 is rescinded.
This Executive Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 5th day of November, in the Year of our Lord Two Thousand Fifteen
RICHARD D. SNYDER
GOVERNOR
BY THE GOVERNOR:
RUTH A. JOHNSON
SECRETARY OF STATE
The message was referred to the Clerk.
Introduction of Bills
Reps. Townsend, Driskell, Zemke, Brinks and Schor introduced
House Bill No. 5066, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1201 (MCL 380.1201), as amended by 2001 PA 27.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Hoadley, Singh, LaVoy, Guerra, Zemke, Pagan and Plawecki introduced
House Bill No. 5067, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 24, 32, and 33 (MCL 169.224, 169.232, and 169.233), section 24 as amended by 1999 PA 237, section 32 as amended by 2012 PA 277, and section 33 as amended by 2013 PA 252.
The bill was read a first time by its title and referred to the Committee on Elections.
Rep. Guerra introduced
House Bill No. 5068, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 33 (MCL 169.233), as amended by 2013 PA 252.
The bill was read a first time by its title and referred to the Committee on Elections.
Reps. Dianda, Smiley, Chirkun, Love, Irwin, McBroom, Hughes and Lane introduced
House Bill No. 5069, entitled
A bill to establish an educational grant program for eligible resident veterans who are enrolled in certain science, technology, engineering, and mathematics (STEM) courses of study at public community colleges and universities in this state; to provide for the administration of the program; to create the battlefield to STEM education grant fund; and to provide for the powers and duties of certain state governmental officers and entities.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Leutheuser introduced
House Bill No. 5070, entitled
A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 5 (MCL 408.1005), as amended by 2012 PA 447.
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Rep. Somerville introduced
House Bill No. 5071, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 1 (MCL 408.471).
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Rep. Jenkins introduced
House Bill No. 5072, entitled
A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by amending section 2 (MCL 408.412).
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Rep. Garcia introduced
House Bill No. 5073, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 41 (MCL 421.41), as amended by 2005 PA 19.
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Rep. VerHeulen introduced
House Bill No. 5074, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14b (MCL 205.104b), as amended by 2008 PA 439, and by adding section 4cc.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Yonker introduced
House Bill No. 5075, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 12 (MCL 205.62), as amended by 2008 PA 438, and by adding section 4ee.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Schor introduced
House Bill No. 5076, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 19 and 22 (MCL 211.19 and 211.22), section 19 as amended by 2014 PA 87 and section 22 as amended by 2013 PA 153, and by adding section 9p.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Heise, Hughes, LaVoy and Santana introduced
House Bill No. 5077, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24c (MCL 211.24c), as amended by 2010 PA 332.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Pscholka, Poleski, Bumstead, Durhal, Pagel, Victory, Heise, Crawford, Outman, Callton, VerHeulen, Inman, Cox, Garcia, Santana, Jenkins, Vaupel, Iden, Singh, Kelly, Yanez, Chang, Geiss, Plawecki, Howrylak and Forlini introduced
House Bill No. 5078, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 35 (MCL 791.235), as amended by 2012 PA 24.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Pagel, Pscholka, Poleski, Bumstead, Durhal, Victory, Heise, Muxlow, VerHeulen, Outman, Cox, Garcia, Santana, Jenkins, Vaupel, Canfield, Yanez, Chang, Howrylak, Irwin and Forlini introduced
House Bill No. 5079, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33, 33b, and 34 (MCL 791.233, 791.233b, and 791.234), section 33 as amended by 1998 PA 320, section 33b as amended by 2010 PA 94, and section 34 as amended by 2010 PA 353.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Pagel, Pscholka, Poleski, Bumstead, Durhal, Victory, Heise, Muxlow, VerHeulen, Outman, Cox, Garcia, Santana, Jenkins, Vaupel, Canfield, Yanez, Chang, Howrylak, Irwin and Forlini introduced
House Bill No. 5080, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 19 and 21 (MCL 780.769 and 780.771), as amended by 2012 PA 564.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. VerHeulen, Pscholka, Poleski, Bumstead, Durhal, Pagel, Victory, Heise, Crawford, Outman, Callton, Inman, Cox, Garcia, Santana, Jenkins, Vaupel, Iden, Singh, Kelly, Yanez, Chang, Geiss, Plawecki and Howrylak introduced
House Bill No. 5081, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 197d.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Announcements by the Clerk
October 29, 2015
Received from the Bureau of State Lottery the licensing report for Fiscal Year 2015, in accordance with Section 432.23(4) of the McCauley-Traxler-Law-Bowman-McNeely Lottery Act, Act 239 of 1972 as amended.
Gary L. Randall
Clerk of the House
______
Rep. Crawford moved that the House adjourn.
The motion prevailed, the time being 5:50 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, December 1, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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