No. 101

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Tuesday, December 15, 2015.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Afendoulis—present 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—excused 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—present Poleski—present Zemke—present

Franz—present Kosowski—present Potvin—present

e/d/s = entered during session

Rep. Paul Clemente, from the 14th District, offered the following invocation:

“One night a man had a dream. He dreamed he was walking along the beach with the LORD.

Across the sky flashed scenes from his life. For each scene he looked back along the path of his life and saw two sets of footprints in the sand.

He also saw that many times along the path of his life there was only one set of footprints and that it happened at the very lowest and saddest times of his life.

This really bothered him and he asked:

LORD You said that You are always with me but during the most troublesome times in my life there is only one set of footprints. Why would You leave me when I needed You most?

The LORD replied My son, I love you and I would never leave you. During your times of trial when you see only one set of footprints it was then that I carried you.”

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Franz to the Chair.

______

Rep. Nesbitt moved that Rep. Muxlow be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Cole, Chatfield, Glenn, Victory, Inman, Kelly, Pettalia, LaFontaine, Runestad, Hooker, Aaron Miller, Santana, Graves and LaVoy offered the following resolution:

House Resolution No. 193.

A resolution to urge the Governor, the Michigan Public Service Commission, the Michigan Department of Environmental Quality, and the Michigan Department of Natural Resources to explore policies relating to carbon dioxide capture from industrial sources and the use and sequestration of captured carbon dioxide in enhanced oil recovery.

Whereas, Enhanced oil recovery maximizes the productivity of an oil field, often resulting in the extraction of 30 to 60 percent of the reservoir’s original oil. Enhanced oil recovery has helped recover an estimated one billion barrels of oil in the United States. Currently, there are active and potential enhanced oil recovery operations in Michigan and a number of other states; and

Whereas, Carbon dioxide has been used commercially in enhanced oil recovery for over 40 years, benefitting domestic oil production. Carbon dioxide injection displaces oil and increases its recovery. As of 2010, there were about 114 active commercial carbon dioxide injection projects that injected over two billion cubic feet of carbon dioxide and produced over 280,000 barrels of oil per day; and

Whereas, Until recently, most of the carbon dioxide used for enhanced oil recovery had come from naturally-occurring reservoirs, but new technologies are being developed to capture carbon dioxide from industrial sources such as power, natural gas processing, fertilizer, ethanol, and hydrogen plants. These and other industries already produce carbon dioxide as a byproduct of their business; and

Whereas, Michigan should be doing everything it can to study carbon dioxide capture and sequestration technologies and to enhance our regulatory structure to create an environment that fosters job growth and the utilization of all available energy sources, including but not limited to natural gas, petroleum, and crude oil. Implementing regulatory processes that aid in the harnessing of carbon dioxide for a secondary, beneficial use will serve to create jobs in Michigan, reduce dependency on foreign resources, improve long-term energy efficiency, and improve our ability to utilize Michigan’s natural resources through enhanced oil recovery; now, therefore, be it

Resolved by the House of Representatives, That we urge the Governor, the Michigan Public Service Commission, the Michigan Department of Environmental Quality, and the Michigan Department of Natural Resources to explore policies relating to carbon dioxide capture from industrial sources and the use and sequestration of captured carbon dioxide in enhanced oil recovery; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, the members of the Michigan Public Service Commission, and the directors of the Michigan Department of Environmental Quality and the Michigan Department of Natural Resources.

The resolution was referred to the Committee on Energy Policy.

Rep. Nesbitt moved that Rule 71 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Reps. Maturen, Heise, Howrylak, LaVoy and Singh offered the following resolution:

House Resolution No. 194.

A resolution to commemorate the 20th anniversary of the federal recognition of the Nottawaseppi Huron Band of the Potawatomi.

Whereas, The Potawatomi name is a derivation of Bodéwadmi, meaning a people of the fire or a people who make or maintain fire, both of which refer to the role of the Potawatomi as the keeper of the council fire in an earlier alliance with other tribes in the area; and

Whereas, The original Potawatomi Nation encompassed lands along the southeastern shore of Lake Michigan, across to Detroit and from the Huron and Grand Rivers southward into northern Indiana, Ohio, and Illinois; and

Whereas, The Pine Creek Reservation was established in 1845 on a 120 acre parcel of land along the Pine Creek River near Athens, Michigan with monies from the treaty annuity which Governor John Barry placed into passive trust with the State of Michigan for the tribe; and

Whereas, With more than 1,100 Tribal members, many of whom live in southwest Michigan in the Tribe’s seven-county service area, the Pine Creek Reservation still serves as the Tribe’s primary land base with a government center, tribal court, tribal police force, community center, health complex, energy efficient housing, church, cemetery, parks, outdoor sports facilities, and pow wow grounds; and

Whereas, Over 150 years after their attempted removal, the Nottawaseppi Huron Band of the Potawatomi received federal acknowledgement on December 19, 1995, with formal action by the United States Department of the Interior, Bureau of Indian Affairs reaffirming the tribe as a sovereign nation with a nation-to-nation relationship with the federal government and the power to determine their own form of government, define conditions for membership in the nation, regulate domestic relations of its members, and levy taxes recognized by the U.S. government; and

Whereas, In 1997 the Tribe signed a gaming compact with Governor John Engler which the legislature approved in 1998. This led to the opening of the FireKeepers Casino in 2009 featuring Las Vegas style gaming with over 2,900 slots, 81 table games, live poker room and a high-limit gaming area with VIP lounge and expanding in 2012 to include a 243 room resort style hotel; and

Whereas, The mission of the Nottawaseppi Huron Band of the Potawatomi is to provide leadership for tribal members and serve as a model to other Native Americans in areas of self-government, self-reliance, and self-empowerment with a goal to provide its members with the best in healthcare, educational opportunities, housing, healthy environment, and economic opportunities as a sovereign Native American nation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 20th anniversary of federal recognition of the Nottawaseppi Huron Band of the Potawatomi; and be it further

Resolved, That a copy of this resolution be transmitted to the Chairperson of the Nottawaseppi Huron Band of the Potawatomi Tribal Council.

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. 4212, entitled

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

(The bill was received from the Senate on December 10, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 100, p. 2164.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 476 Yeas—73

Afendoulis Greig Leutheuser Roberts, B.

Barrett Greimel Liberati Roberts, S.

Bizon Heise Lucido Robinson

Bumstead Hooker Lyons Runestad

Callton Howrylak Maturen Rutledge

Canfield Hughes McCready Santana

Chatfield Iden Miller, A. Schor

Chirkun Inman Moss Sheppard

Clemente Jacobsen Nesbitt Somerville

Cole Jenkins Outman Tedder

Cotter Johnson Pagan Theis

Cox Kelly Pagel Townsend

Crawford Kesto Pettalia Vaupel

Farrington Kosowski Poleski VerHeulen

Forlini LaFontaine Potvin Victory

Franz Lauwers Price Webber

Garcia LaVoy Pscholka Wittenberg

Glenn Leonard Rendon Yonker

Goike

Nays—33

Banks Durhal Hoadley Neeley

Brinks Faris Hovey-Wright Phelps

Brunner Garrett Irwin Plawecki

Byrd Gay-Dagnogo Kivela Singh

Chang Geiss Lane Smiley

Cochran Glardon Love Talabi

Darany Graves McBroom Yanez

Dianda Guerra Miller, D. Zemke

Driskell

In The Chair: Franz

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House

House Bill No. 4215, entitled

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

(The bill was received from the Senate on December 10, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 100, p. 2164.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 477 Yeas—73

Afendoulis Greig Leutheuser Roberts, B.

Barrett Greimel Liberati Roberts, S.

Bizon Heise Lucido Robinson

Bumstead Hooker Lyons Runestad

Callton Howrylak Maturen Rutledge

Canfield Hughes McCready Santana

Chatfield Iden Miller, A. Schor

Chirkun Inman Moss Sheppard

Clemente Jacobsen Nesbitt Somerville

Cole Jenkins Outman Tedder

Cotter Johnson Pagan Theis

Cox Kelly Pagel Townsend

Crawford Kesto Pettalia Vaupel

Farrington Kosowski Poleski VerHeulen

Forlini LaFontaine Potvin Victory

Franz Lauwers Price Webber

Garcia LaVoy Pscholka Wittenberg

Glenn Leonard Rendon Yonker

Goike

Nays—33

Banks Durhal Hoadley Neeley

Brinks Faris Hovey-Wright Phelps

Brunner Garrett Irwin Plawecki

Byrd Gay-Dagnogo Kivela Singh

Chang Geiss Lane Smiley

Cochran Glardon Love Talabi

Darany Graves McBroom Yanez

Dianda Guerra Miller, D. Zemke

Driskell

In The Chair: Franz

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Third Reading of Bills

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.

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

Roll Call No. 478 Yeas—100

Afendoulis Garcia Lane Pscholka

Banks Garrett Lauwers Rendon

Barrett Gay-Dagnogo LaVoy Roberts, B.

Bizon Geiss Leonard Roberts, S.

Brinks Glardon Leutheuser Robinson

Brunner Glenn Liberati Runestad

Bumstead Graves Love Rutledge

Byrd Greig Lucido Santana

Callton Greimel Lyons Schor

Canfield Guerra Maturen Sheppard

Chang Heise McBroom Singh

Chatfield Hoadley McCready Smiley

Chirkun Hooker Miller, A. Somerville

Clemente Hovey-Wright Miller, D. Talabi

Cochran Hughes Moss Tedder

Cole Iden Neeley Theis

Cotter Inman Nesbitt Townsend

Cox Irwin Outman Vaupel

Crawford Jacobsen Pagan VerHeulen

Darany Jenkins Pagel Victory

Driskell Johnson Phelps Webber

Durhal Kesto Plawecki Wittenberg

Faris Kivela Poleski Yanez

Farrington Kosowski Potvin Yonker

Forlini LaFontaine Price Zemke

Nays—6

Dianda Goike Kelly Pettalia

Franz Howrylak

In The Chair: Franz

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 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding sections 1990, 1991, 1992, and 1993.

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.

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.

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

Roll Call No. 479 Yeas—97

Afendoulis Gay-Dagnogo LaVoy Rendon

Banks Geiss Leonard Roberts, B.

Barrett Glardon Leutheuser Roberts, S.

Bizon Glenn Liberati Robinson

Brinks Graves Love Runestad

Brunner Greig Lucido Rutledge

Bumstead Guerra Lyons Santana

Byrd Heise Maturen Schor

Callton Hoadley McBroom Sheppard

Canfield Hooker McCready Singh

Chang Hovey-Wright Miller, A. Smiley

Chirkun Hughes Miller, D. Somerville

Clemente Iden Moss Talabi

Cochran Inman Neeley Tedder

Cotter Irwin Nesbitt Theis

Cox Jacobsen Outman Townsend

Crawford Jenkins Pagan Vaupel

Darany Johnson Pagel VerHeulen

Driskell Kesto Phelps Victory

Durhal Kivela Plawecki Webber

Faris Kosowski Poleski Wittenberg

Farrington LaFontaine Potvin Yanez

Forlini Lane Price Yonker

Garcia Lauwers Pscholka Zemke

Garrett

Nays—9

Chatfield Franz Greimel Kelly

Cole Goike Howrylak Pettalia

Dianda

In The Chair: Franz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

Senate Bill No. 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.

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

Roll Call No. 480 Yeas—98

Afendoulis Gay-Dagnogo LaVoy Rendon

Banks Geiss Leonard Roberts, B.

Barrett Glardon Leutheuser Roberts, S.

Bizon Glenn Liberati Robinson

Brinks Graves Love Runestad

Brunner Greig Lucido Rutledge

Bumstead Greimel Lyons Santana

Byrd Guerra Maturen Schor

Callton Heise McBroom Sheppard

Canfield Hoadley McCready Singh

Chang Hovey-Wright Miller, A. Smiley

Chirkun Howrylak Miller, D. Somerville

Clemente Hughes Moss Talabi

Cochran Iden Neeley Tedder

Cotter Inman Nesbitt Theis

Cox Irwin Outman Townsend

Crawford Jacobsen Pagan Vaupel

Darany Jenkins Pagel VerHeulen

Driskell Johnson Phelps Victory

Durhal Kesto Plawecki Webber

Faris Kivela Poleski Wittenberg

Farrington Kosowski Potvin Yanez

Forlini LaFontaine Price Yonker

Garcia Lane Pscholka Zemke

Garrett Lauwers

Nays—8

Chatfield Dianda Goike Kelly

Cole Franz Hooker Pettalia

In The Chair: Franz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

Senate Bill No. 418, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25.

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

Roll Call No. 481 Yeas—106

Afendoulis Garcia LaFontaine Price

Banks Garrett Lane Pscholka

Barrett Gay-Dagnogo Lauwers Rendon

Bizon Geiss LaVoy Roberts, B.

Brinks Glardon Leonard Roberts, S.

Brunner Glenn Leutheuser Robinson

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 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 Kivela Potvin Zemke

Franz Kosowski

Nays—0

In The Chair: Franz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act relating to aeronautics in this state; providing for the development and regulation of aeronautics; creating a state aeronautics commission; prescribing powers and duties; providing for the licensing, registration, and supervision and control of all aircraft, airports and landing fields, schools of aviation, flying clubs, airmen, aviation instructors, airport managers, manufacturers, dealers, and commercial operation in intrastate commerce; providing for rules pertaining thereto; prescribing a privilege tax for the use of the aeronautical facilities on the lands and waters of this state; providing for the acquisition, development, and operation of airports, landing fields, and other aeronautical facilities by this state, by political subdivisions, or by airport authorities; providing for the incorporation of airport authorities and providing for the powers, duties, and obligations of airport authorities; providing for the transfer of airport management to airport authorities, including the transfer of airport liabilities, employees, and operational jurisdiction; providing jurisdiction of crimes, torts, and contracts; providing police powers for those entrusted to enforce this act; providing for civil liability of owners, operators, and others; making hunting from aircraft unlawful; providing for a repair station operators lien; providing for appeals from rules or orders issued by the commission; providing for the transfer from the Michigan board of aeronautics to the aeronautics commission all properties and funds held by the board of aeronautics; providing for a state aeronautics fund and making an appropriation therefor; prescribing penalties; and making uniform the law with reference to state development and regulation of aeronautics,”

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.

Senate Bill No. 425, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 35 (MCL 259.35), as amended by 2002 PA 352.

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

Roll Call No. 482 Yeas—105

Afendoulis Garcia Kosowski Potvin

Banks Garrett LaFontaine Price

Barrett Gay-Dagnogo Lane Pscholka

Bizon Geiss Lauwers Rendon

Brinks Glardon LaVoy Roberts, B.

Brunner Glenn Leonard Roberts, S.

Bumstead Goike Leutheuser Runestad

Byrd Graves Liberati Rutledge

Callton Greig Love Santana

Canfield Greimel Lucido Schor

Chang Guerra Lyons Sheppard

Chatfield Heise Maturen Singh

Chirkun Hoadley McBroom Smiley

Clemente Hooker McCready Somerville

Cochran Hovey-Wright Miller, A. Talabi

Cole Howrylak Miller, D. Tedder

Cotter Hughes Moss 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 Kivela Poleski Zemke

Franz

Nays—1

Robinson

In The Chair: Franz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act relating to aeronautics in this state; providing for the development and regulation of aeronautics; creating a state aeronautics commission; prescribing powers and duties; providing for the licensing, registration, and supervision and control of all aircraft, airports and landing fields, schools of aviation, flying clubs, airmen, aviation instructors, airport managers, manufacturers, dealers, and commercial operation in intrastate commerce; providing for rules pertaining thereto; prescribing a privilege tax for the use of the aeronautical facilities on the lands and waters of this state; providing for the acquisition, development, and operation of airports, landing fields, and other aeronautical facilities by this state, by political subdivisions, or by airport authorities; providing for the incorporation of airport authorities and providing for the powers, duties, and obligations of airport authorities; providing for the transfer of airport management to airport authorities, including the transfer of airport liabilities, employees, and operational jurisdiction; providing jurisdiction of crimes, torts, and contracts; providing police powers for those entrusted to enforce this act; providing for civil liability of owners, operators, and others; making hunting from aircraft unlawful; providing for a repair station operators lien; providing for appeals from rules or orders issued by the commission; providing for the transfer from the Michigan board of aeronautics to the aeronautics commission all properties and funds held by the board of aeronautics; providing for a state aeronautics fund and making an appropriation therefor; prescribing penalties; and making uniform the law with reference to state development and regulation of aeronautics,”

The House agreed to the full title.

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

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

Senate Bill No. 426, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 34 (MCL 259.34), as amended by 1996 PA 370.

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

Roll Call No. 483 Yeas—105

Afendoulis Garcia Kosowski Potvin

Banks Garrett LaFontaine Price

Barrett Gay-Dagnogo Lane Pscholka

Bizon Geiss Lauwers Rendon

Brinks Glardon LaVoy Roberts, B.

Brunner Glenn Leonard Roberts, S.

Bumstead Goike Leutheuser Runestad

Byrd Graves Liberati Rutledge

Callton Greig Love Santana

Canfield Greimel Lucido Schor

Chang Guerra Lyons Sheppard

Chatfield Heise Maturen Singh

Chirkun Hoadley McBroom Smiley

Clemente Hooker McCready Somerville

Cochran Hovey-Wright Miller, A. Talabi

Cole Howrylak Miller, D. Tedder

Cotter Hughes Moss 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 Kivela Poleski Zemke

Franz

Nays—1

Robinson

In The Chair: Franz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act relating to aeronautics in this state; providing for the development and regulation of aeronautics; creating a state aeronautics commission; prescribing powers and duties; providing for the licensing, registration, and supervision and control of all aircraft, airports and landing fields, schools of aviation, flying clubs, airmen, aviation instructors, airport managers, manufacturers, dealers, and commercial operation in intrastate commerce; providing for rules pertaining thereto; prescribing a privilege tax for the use of the aeronautical facilities on the lands and waters of this state; providing for the acquisition, development, and operation of airports, landing fields, and other aeronautical facilities by this state, by political subdivisions, or by airport authorities; providing for the incorporation of airport authorities and providing for the powers, duties, and obligations of airport authorities; providing for the transfer of airport management to airport authorities, including the transfer of airport liabilities, employees, and operational jurisdiction; providing jurisdiction of crimes, torts, and contracts; providing police powers for those entrusted to enforce this act; providing for civil liability of owners, operators, and others; making hunting from aircraft unlawful; providing for a repair station operators lien; providing for appeals from rules or orders issued by the commission; providing for the transfer from the Michigan board of aeronautics to the aeronautics commission all properties and funds held by the board of aeronautics; providing for a state aeronautics fund and making an appropriation therefor; prescribing penalties; and making uniform the law with reference to state development and regulation of aeronautics,”

The House agreed to the full title.

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

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

Senate Bill No. 612, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 7 (MCL 259.7), as amended by 2002 PA 35.

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

Roll Call No. 484 Yeas—105

Afendoulis Garcia Kosowski Potvin

Banks Garrett LaFontaine Price

Barrett Gay-Dagnogo Lane Pscholka

Bizon Geiss Lauwers Rendon

Brinks Glardon LaVoy Roberts, B.

Brunner Glenn Leonard Roberts, S.

Bumstead Goike Leutheuser Runestad

Byrd Graves Liberati Rutledge

Callton Greig Love Santana

Canfield Greimel Lucido Schor

Chang Guerra Lyons Sheppard

Chatfield Heise Maturen Singh

Chirkun Hoadley McBroom Smiley

Clemente Hooker McCready Somerville

Cochran Hovey-Wright Miller, A. Talabi

Cole Howrylak Miller, D. Tedder

Cotter Hughes Moss 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 Kivela Poleski Zemke

Franz

Nays—1

Robinson

In The Chair: Franz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act relating to aeronautics in this state; providing for the development and regulation of aeronautics; creating a state aeronautics commission; prescribing powers and duties; providing for the licensing, registration, and supervision and control of all aircraft, airports and landing fields, schools of aviation, flying clubs, airmen, aviation instructors, airport managers, manufacturers, dealers, and commercial operation in intrastate commerce; providing for rules pertaining thereto; prescribing a privilege tax for the use of the aeronautical facilities on the lands and waters of this state; providing for the acquisition, development, and operation of airports, landing fields, and other aeronautical facilities by this state, by political subdivisions, or by airport authorities; providing for the incorporation of airport authorities and providing for the powers, duties, and obligations of airport authorities; providing for the transfer of airport management to airport authorities, including the transfer of airport liabilities, employees, and operational jurisdiction; providing jurisdiction of crimes, torts, and contracts; providing police powers for those entrusted to enforce this act; providing for civil liability of owners, operators, and others; making hunting from aircraft unlawful; providing for a repair station operators lien; providing for appeals from rules or orders issued by the commission; providing for the transfer from the Michigan board of aeronautics to the aeronautics commission all properties and funds held by the board of aeronautics; providing for a state aeronautics fund and making an appropriation therefor; prescribing penalties; and making uniform the law with reference to state development and regulation of aeronautics,”

The House agreed to the full title.

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

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

Senate Bill No. 613, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226, and by adding section 6c.

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

Roll Call No. 485 Yeas—105

Afendoulis Garcia Kosowski Potvin

Banks Garrett LaFontaine Price

Barrett Gay-Dagnogo Lane Pscholka

Bizon Geiss Lauwers Rendon

Brinks Glardon LaVoy Roberts, B.

Brunner Glenn Leonard Roberts, S.

Bumstead Goike Leutheuser Runestad

Byrd Graves Liberati Rutledge

Callton Greig Love Santana

Canfield Greimel Lucido Schor

Chang Guerra Lyons Sheppard

Chatfield Heise Maturen Singh

Chirkun Hoadley McBroom Smiley

Clemente Hooker McCready Somerville

Cochran Hovey-Wright Miller, A. Talabi

Cole Howrylak Miller, D. Tedder

Cotter Hughes Moss 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 Kivela Poleski Zemke

Franz

Nays—1

Robinson

In The Chair: Franz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, December 10, for his approval of the following bill:

Enrolled House Bill No. 4059 at 2:28 p.m.

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, December 11:

House Bill Nos. 5142 5143 5144 5145 5146 5147 5148 5149

House Joint Resolution FF

Senate Bill Nos. 654 655 656 657 658 659 660 661 662 663 664 665 666 667

668

The Clerk announced the enrollment printing and presentation to the Governor on Monday, December 14, for his approval of the following bills:

Enrolled House Bill No. 4438 at 3:40 p.m.

Enrolled House Bill No. 4594 at 3:42 p.m.

Enrolled House Bill No. 4790 at 3:44 p.m.

Enrolled House Bill No. 4843 at 3:46 p.m.

Reports of Standing Committees

The Committee on Communications and Technology, by Rep. Jacobsen, Chair, reported

House Bill No. 5016, entitled

A bill to amend 1925 PA 368, entitled “An act to prohibit obstructions and encroachments on public highways, to provide for the removal thereof, to prescribe the conditions under which telegraph, telephone, power, and other public utility companies, cable television companies and municipalities may enter upon, construct and maintain telegraph, telephone, power or cable television lines, pipe lines, wires, cables, poles, conduits, sewers and like structures upon, over, across or under public roads, bridges, streets and waters and to provide penalties for the violation of this act,” by amending section 13 (MCL 247.183), as amended by 2005 PA 103.

With the recommendation that the substitute (H-5) 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 and Chirkun

Nays: Rep. Driskell

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, December 15, 2015

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 15, 2015

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

Absent: Rep. McCready

Excused: Rep. McCready

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

December 10, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-050-ED (Secretary of State Filing #15-12-01) on this date at 2:57 P.M. for the Department of Education entitled, “Boarding School Licenses”.

These rules take effect immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 10, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-061-ED (Secretary of State Filing #15-12-02) on this date at 2:57 P.M. for the Department of Education entitled, “Postsecondary Dual Enrollment Criteria for Fifth-Year High School Pupils”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Rep. Poleski introduced

House Bill No. 5150, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 6093 and 6097 (MCL 600.6093 and 600.6097), section 6097 as amended by 2002 PA 224.

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

Rep. Poleski introduced

House Bill No. 5151, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 43, 44a, 51, 52, 52a, and 54 (MCL 211.43, 211.44a, 211.51, 211.52, 211.52a, and 211.54), section 43 as amended by 1994 PA 253, section 44a as amended by 2012 PA 184, section 51 as amended by 2012 PA 57, and section 52a as added by 2004 PA 441.

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

Reps. Inman, Goike, Rendon, Franz, Outman, Callton, Kelly, Potvin, McBroom, Cole, Pettalia, Glenn, Jenkins, Chatfield and Barrett introduced

House Bill No. 5152, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 30101a, 30103, 30305, 30311, 30311d, 30312, 30321, and 30328 (MCL 324.30101a, 324.30103, 324.30305, 324.30311, 324.30311d, 324.30312, 324.30321, and 324.30328), sections 30101a and 30328 as added and sections 30305, 30311, 30311d, 30312, and 30321 as amended by 2013 PA 98 and section 30103 as amended by 2014 PA 253.

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

Rep. Lucido introduced

House Bill No. 5153, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1284c.

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

Rep. Lucido introduced

House Bill No. 5154, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1171 (MCL 380.1171), as added by 2006 PA 324.

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

Reps. Cole, Graves, Kesto, Aaron Miller, Rendon, Howrylak and Kelly introduced

House Bill No. 5155, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 45102 (MCL 324.45102), as added by 1995 PA 57.

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

Reps. Lyons and Yonker introduced

House Bill No. 5156, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1527 (MCL 380.1527), as amended by 2014 PA 484.

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

Reps. Garcia, Price and Yonker introduced

House Bill No. 5157, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1246 (MCL 380.1246), as amended by 2009 PA 205.

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

Reps. Price, Yonker and Garcia introduced

House Bill No. 5158, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1526 (MCL 380.1526), as amended by 1995 PA 289.

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

Reps. Yonker, Price and Garcia introduced

House Bill No. 5159, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 163 (MCL 388.1763), as amended by 2015 PA 85, and by adding section 163b.

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

Reps. Hooker, Hughes, Vaupel, Howrylak, Sarah Roberts, Kesto and Yanez introduced

House Bill No. 5160, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168.

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

Reps. Singh and Irwin introduced

House Bill No. 5161, entitled

A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending section 4 (MCL 333.26424), as amended by 2012 PA 512.

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

Reps. Howrylak, Cole, Kelly, Glenn, Lauwers, Irwin, Runestad, Robinson, McBroom, Franz, Lucido, Hooker, Victory, Aaron Miller, Chatfield, Johnson, Somerville, Pagan, Clemente, Dianda, Goike and Chang introduced

House Bill No. 5162, entitled

A bill to prohibit this state and certain other governmental agents, employees, and entities in this state from assisting a federal agency in obtaining certain forms of data without a warrant; and to prohibit certain uses of certain data collected without a warrant.

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

Announcements by the Clerk

December 11, 2015

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

Report on internal control over financial reporting for the Michigan Public School Employees’ Retirement System’s Schedules of Employer Allocations and Schedule of Collective Pension Amounts for the fiscal year ended September 30, 2014.

Gary L. Randall

Clerk of the House

The Clerk received the following dissent on Senate Bill No. 13, from Rep. Dianda

Article VI, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I would like to state my protest to the act of not granting a record roll call vote when demanded by Rep. Faris and myself and what I believe was 1/5 of the other members.

By unanimous consent the House returned to the order of

Second Reading of Bills

Senate Bill No. 446, 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; and to repeal acts and parts of acts.

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

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.

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 bill was read a second time.

Rep. Townsend moved to amend the bill as follows:

1. Amend page 1, line 5, after “AGREEMENT” by inserting “OR OTHERWISE SPECIFIED BY FEDERAL LAW. NOTHING IN THIS SECTION IS INTENDED TO INTERFERE WITH A DECISION OF THE NATIONAL LABOR RELATIONS BOARD CONCERNING JOINT EMPLOYER STATUS”.

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

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

The motion prevailed.

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 bill was read a second time.

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

The motion prevailed.

House Bill No. 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 second time.

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

The motion prevailed.

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 second time.

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

The motion prevailed.

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 second time.

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

The motion prevailed.

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 second time.

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

The motion prevailed.

Senate Bill No. 518, entitled

A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending section 2 (MCL 552.502), as amended by 2009 PA 233.

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.

Senate Bill No. 519, entitled

A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending section 3 (MCL 400.233), as amended by 2014 PA 381.

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.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4685, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2013 PA 1.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

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

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Third Reading of Bills

Senate Bill No. 614, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2014 PA 80, and by adding section 6c.

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

Roll Call No. 486 Yeas—105

Afendoulis Garcia Kosowski Potvin

Banks Garrett LaFontaine Price

Barrett Gay-Dagnogo Lane Pscholka

Bizon Geiss Lauwers Rendon

Brinks Glardon LaVoy Roberts, B.

Brunner Glenn Leonard Roberts, S.

Bumstead Goike Leutheuser Runestad

Byrd Graves Liberati Rutledge

Callton Greig Love Santana

Canfield Greimel Lucido Schor

Chang Guerra Lyons Sheppard

Chatfield Heise Maturen Singh

Chirkun Hoadley McBroom Smiley

Clemente Hooker McCready Somerville

Cochran Hovey-Wright Miller, A. Talabi

Cole Howrylak Miller, D. Tedder

Cotter Hughes Moss 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 Kivela Poleski Zemke

Franz

Nays—1

Robinson

In The Chair: Franz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”

The House agreed to the full title.

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

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

______

The Speaker Pro Tempore resumed the Chair.

Second Reading of Bills

Senate Bill No. 616, 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.

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 not adopted, a majority of the members serving not voting therefor.

Rep. Yonker moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Townsend moved to amend the bill as follows:

1. Amend page 1, line 1, after “(1)” by striking out “BEGINNING” and inserting “SUBJECT TO SUBSECTIONS (2) AND (3), BEGINNING”.

2. Amend page 1, following line 9, by inserting:

“(2) THE EXEMPTION UNDER THIS SECTION ONLY CONTINUES TO APPLY AFTER JANUARY 1, 2022, IF THE NUMBERS GATHERED BY THE LOCAL ECONOMIC DEVELOPMENT CORPORATIONS ARE CERTIFIED AND REPORTED TO THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT AND SUBSEQUENTLY FORWARDED TO THE DEPARTMENT AND DEMONSTRATE THAT THE QUALIFIED DATA CENTERS, THE COLOCATED BUSINESSES, AND THE CONTRACTORS OF THE QUALIFIED DATA CENTERS, COLLECTIVELY, HAVE, IN AGGREGATE, ESTABLISHED IN THIS STATE AT LEAST 400 DATA CENTER INDUSTRY JOBS OR DATA CENTER INDUSTRY RELATED JOBS, OR A COMBINATION OF BOTH, SINCE JANUARY 1, 2016. THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT SHALL SUBMIT A REPORT NO LATER THAN APRIL 1, 2022 RELATED TO THE NUMBER OF DATA CENTER INDUSTRY JOBS OR DATA CENTER INDUSTRY RELATED JOBS THAT HAVE BEEN ESTABLISHED SINCE JANUARY 1, 2016 TO THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, THE MAJORITY AND MINORITY LEADERS OF THE SENATE, AND THE GOVERNOR.

(3) THE EXEMPTION UNDER THIS SECTION ONLY CONTINUES TO APPLY AFTER JANUARY 1, 2026, IF THE NUMBERS GATHERED BY THE LOCAL ECONOMIC DEVELOPMENT CORPORATIONS ARE CERTIFIED AND REPORTED TO THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT AND SUBSEQUENTLY FORWARDED TO THE DEPARTMENT AND DEMONSTRATE THAT THE QUALIFIED DATA CENTERS, THE COLOCATED BUSINESSES, AND THE CONTRACTORS OF THE QUALIFIED DATA CENTERS, COLLECTIVELY, HAVE, IN AGGREGATE, ESTABLISHED IN THIS STATE AT LEAST 1,000 DATA CENTER INDUSTRY JOBS OR DATA CENTER INDUSTRY RELATED JOBS, OR A COMBINATION OF BOTH, SINCE JANUARY 1, 2016. THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT SHALL SUBMIT A REPORT NO LATER THAN APRIL 1, 2026 RELATED TO THE NUMBER OF DATA CENTER INDUSTRY JOBS OR DATA CENTER INDUSTRY RELATED JOBS THAT HAVE BEEN ESTABLISHED SINCE JANUARY 1, 2016 TO THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, THE MAJORITY AND MINORITY LEADERS OF THE SENATE, AND THE GOVERNOR.” and renumbering the remaining subsection.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Webber moved to amend the bill as follows:

1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:

“Sec. 1a. As used in this act:

(a) “Alcoholic beverage” means a beverage suitable for human consumption that contains 1/2 of 1% or more of alcohol by volume.

(b) “Computer” means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions.

(c) “Computer software” means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task.

(d) “Delivered electronically”, ~~means~~ “TRANSFERRED ELECTRONICALLY”, AND “PROVIDED ELECTRONICALLY” MEAN delivered from the seller to the purchaser by means other than tangible storage media.

(e) “Delivery charges” means charges by the seller for preparation and delivery to a location designated by the purchaser of tangible personal property or services. Delivery charges include, but are not limited to, transportation, shipping, postage, handling, crating, and packing. Beginning September 1, 2004, delivery charges do not include the charges for delivery of direct mail if the charges are separately stated on an invoice or similar billing document given to the purchaser. If a shipment includes both exempt property and taxable property, the seller shall allocate the delivery charge using 1 of the following methods:

(i) Multiply the delivery price by a fraction, the numerator of which is the total sales prices of the taxable property and the denominator of which is the total sales prices of all property in the shipment.

(ii) Multiply the delivery price by a fraction, the numerator of which is the total weight of the taxable property and the denominator of which is the total weight of all property in the shipment.

(f) “Dietary supplement” means any product, other than tobacco, intended to supplement the diet that is all of the following:

(i) Required to be labeled as a dietary supplement identifiable by the “supplemental facts” box found on the label as required by 21 CFR 101.36.

(ii) Contains 1 or more of the following dietary ingredients:

(A) A vitamin.

(B) A mineral.

(C) An herb or other botanical.

(D) An amino acid.

(E) A dietary substance for use by humans to supplement the diet by increasing the total dietary intake.

(F) A concentrate, metabolite, constituent, extract, or combination of any ingredient listed in sub-subparagraphs (A) through (E).

(iii) Intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or if not intended for ingestion in 1 of those forms, is not represented as conventional food or for use as a sole item of a meal or of the diet.

(g) “Direct mail” means printed material delivered or distributed by United States mail or other delivery service to a mass audience or to addressees on a mailing list provided by the purchaser or at the direction of the purchaser when the cost of the items are not billed directly to the recipients, including tangible personal property supplied directly or indirectly by the purchaser to the direct mail seller for inclusion in the package containing the printed material, but not including multiple items of printed material delivered to a single address.

(h) “Drug” means a compound, substance, or preparation, or any component of a compound, substance, or preparation, other than food or food ingredients, dietary supplements, or alcoholic beverages, intended for human use that is 1 or more of the following:

(i) Recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States, or official national formulary, or in any of their supplements.

(ii) Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease.

(iii) Intended to affect the structure or any function of the body.

(i) “Durable medical equipment” means equipment for home use, other than mobility enhancing equipment, dispensed pursuant to a prescription, including durable medical equipment repair or replacement parts, that does all of the following:

(i) Can withstand repeated use.

(ii) Is primarily and customarily used to serve a medical purpose.

(iii) Is not useful generally to a person in the absence of illness or injury.

(iv) Is not worn in or on the body.

(j) “Durable medical equipment repair or replacement parts” includes all components or attachments used in conjunction with durable medical equipment.

(k) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(l) “Lease or rental” means any transfer of possession or control of tangible personal property for a fixed or indeterminate term for consideration and may include future options to purchase or extend. This definition applies only to leases and rentals entered into after September 1, 2004 and has no retroactive impact on leases and rentals that existed on that date. Lease or rental does not include the following subparagraphs (i) through (iii) and includes subparagraph (iv):

(i) A transfer of possession or control of tangible personal property under a security agreement or deferred payment plan that requires the transfer of title upon completion of the required payments.

(ii) A transfer of possession or control of tangible personal property under an agreement requiring transfer of title upon completion of the required payments and payment of an option price that does not exceed $100.00 or 1% of the total required payments, whichever is greater.

(iii) The provision of tangible personal property along with an operator for a fixed or indeterminate period of time, where that operator is necessary for the equipment to perform as designed. To be necessary, an operator must do more than maintain, inspect, or set up the tangible personal property.

(iv) An agreement covering motor vehicles or trailers if the amount of consideration may be increased or decreased by reference to the amount realized upon sale or disposition of the property as defined in section 7701(h)(1) of the internal revenue code, 26 USC 7701.

(m) “Mobility enhancing equipment” means equipment, other than durable medical equipment or a motor vehicle or equipment on a motor vehicle normally provided by a motor vehicle manufacturer, dispensed pursuant to a prescription, including repair or replacement parts for that equipment, that is all of the following:

(i) Primarily and customarily used to provide or increase the ability to move from 1 place to another and is appropriate for use at home or on a motor vehicle.

(ii) Not generally used by a person with normal mobility.

(n) “Prescription” means an order, formula, or recipe, issued in any form of oral, written, electronic, or other means of transmission by a licensed physician or other health professional as defined in section 3501 of the insurance code of 1956, 1956 PA 218, MCL 500.3501. For a hearing aid, prescription includes an order, instruction, or direction of a hearing aid dealer or salesperson licensed under article 13 of the occupational code, 1980 PA 299, MCL 339.1301 to 339.1309.

(o) “Prewritten computer software” means computer software, including prewritten upgrades, that is delivered by any means and that is not designed and developed by the author or other creator to the specifications of a specific purchaser. DELIVERY OF PREWRITTEN COMPUTER SOFTWARE DOES NOT INCLUDE GRANTING THE RIGHT TO USE PREWRITTEN COMPUTER SOFTWARE INSTALLED ON ANOTHER PERSON’S SERVER OR THE TRANSFER OF INFORMATION AND DATA THAT WERE PROCESSED USING THE SOFTWARE OF ANOTHER PERSON. PREWRITTEN COMPUTER SOFTWARE DOES NOT INCLUDE DIGITAL GOODS OR DIGITAL SERVICES THAT ARE DELIVERED ELECTRONICALLY, TRANSFERRED ELECTRONICALLY, OR PROVIDED ELECTRONICALLY SUCH AS DIGITAL AUDIOVISUAL WORKS, DIGITAL AUDIO WORK, AND DIGITAL BOOKS. PREWRITTEN COMPUTER SOFTWARE THAT IS DELIVERED ELECTRONICALLY AND CAN BE PURCHASED SEPARATELY FROM THE PROVISION OF ANY ADDITIONAL SERVICES FROM THE PROVIDER IS NOT A DIGITAL GOOD. Prewritten computer software includes the following:

(i) Any combination of 2 or more prewritten computer software programs or portions of prewritten computer software programs.

(ii) Computer software designed and developed by the author or other creator to the specifications of a specific purchaser if it is sold to a person other than that specific purchaser.

(iii) The modification or enhancement of prewritten computer software or portions of prewritten computer software where the modification or enhancement is designed and developed to the specifications of a specific purchaser unless there is a reasonable, separately stated charge or an invoice or other statement of the price is given to the purchaser for the modification or enhancement. If a person other than the original author or creator modifies or enhances prewritten computer software, that person is considered to be the author or creator of only that person’s modifications or enhancements.

(p) “Prosthetic device” means a replacement, corrective, or supportive device, other than contact lenses and dental prosthesis, dispensed pursuant to a prescription, including repair or replacement parts for that device, worn on or in the body to do 1 or more of the following:

(i) Artificially replace a missing portion of the body.

(ii) Prevent or correct a physical deformity or malfunction of the body.

(iii) Support a weak or deformed portion of the body.

(q) “Tangible personal property” means personal property that can be seen, weighed, measured, felt, or touched or that is in any other manner perceptible to the senses and includes electricity, water, gas, steam, and prewritten computer software.

(r) “Tobacco” means cigarettes, cigars, chewing or pipe tobacco, or any other item that contains tobacco.”.

2. Amend page 5, following line 24, by inserting:

“Enacting section 2. Section 1a of the general sales tax act, 1933 PA 167, MCL 205.51a, as amended by this amendatory act, is curative and is intended to express the original intent of the legislature concerning the taxation of prewritten computer software under the general sales tax act, 1933 PA 167, MCL 205.51 to 205.78.

Enacting section 3. Section 1a of the general sales tax act, 1933 PA 167, MCL 205.51a, as amended by this amendatory act, is retroactive and is effective for all tax years that are open under the statute of limitations provided in section 27a of 1941 PA 122, MCL 205.27a.”.

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

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

The motion prevailed.

Senate Bill No. 617, 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.

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 not adopted, a majority of the members serving not voting therefor.

Rep. VerHeulen moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Brinks moved to amend the bill as follows:

1. Amend page 1, line 1, after “(1)” by striking out “BEGINNING” and inserting “SUBJECT TO SUBSECTIONS (2) AND (3), BEGINNING”.

2. Amend page 1, following line 10, by inserting:

“(2) THE EXEMPTION UNDER THIS SECTION ONLY CONTINUES TO APPLY AFTER JANUARY 1, 2022, IF THE NUMBERS GATHERED BY THE LOCAL ECONOMIC DEVELOPMENT CORPORATIONS ARE CERTIFIED AND REPORTED TO THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT AND SUBSEQUENTLY FORWARDED TO THE DEPARTMENT AND DEMONSTRATE THAT THE QUALIFIED DATA CENTERS, THE COLOCATED BUSINESSES, AND THE CONTRACTORS OF THE QUALIFIED DATA CENTERS, COLLECTIVELY, HAVE, IN AGGREGATE, ESTABLISHED IN THIS STATE AT LEAST 400 DATA CENTER INDUSTRY JOBS OR DATA CENTER INDUSTRY RELATED JOBS, OR A COMBINATION OF BOTH, SINCE JANUARY 1, 2016. THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT SHALL SUBMIT A REPORT NO LATER THAN APRIL 1, 2022 RELATED TO THE NUMBER OF DATA CENTER INDUSTRY JOBS OR DATA CENTER INDUSTRY RELATED JOBS THAT HAVE BEEN ESTABLISHED SINCE JANUARY 1, 2016 TO THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, THE MAJORITY AND MINORITY LEADERS OF THE SENATE, AND THE GOVERNOR.

(3) THE EXEMPTION UNDER THIS SECTION ONLY CONTINUES TO APPLY AFTER JANUARY 1, 2026, IF THE NUMBERS GATHERED BY THE LOCAL ECONOMIC DEVELOPMENT CORPORATIONS ARE CERTIFIED AND REPORTED TO THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT AND SUBSEQUENTLY FORWARDED TO THE DEPARTMENT AND DEMONSTRATE THAT THE QUALIFIED DATA CENTERS, THE COLOCATED BUSINESSES, AND THE CONTRACTORS OF THE QUALIFIED DATA CENTERS, COLLECTIVELY, HAVE, IN AGGREGATE, ESTABLISHED IN THIS STATE AT LEAST 1,000 DATA CENTER INDUSTRY JOBS OR DATA CENTER INDUSTRY RELATED JOBS, OR A COMBINATION OF BOTH, SINCE JANUARY 1, 2016. THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT SHALL SUBMIT A REPORT NO LATER THAN APRIL 1, 2026 RELATED TO THE NUMBER OF DATA CENTER INDUSTRY JOBS OR DATA CENTER INDUSTRY RELATED JOBS THAT HAVE BEEN ESTABLISHED SINCE JANUARY 1, 2016 TO THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, THE MAJORITY AND MINORITY LEADERS OF THE SENATE, AND THE GOVERNOR.” and renumbering the remaining subsection.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Webber moved to amend the bill as follows:

1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:

“Sec. 2b. As used in this act: