No. 102
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2015
House Chamber, Lansing, Wednesday, December 16, 2015.
10:00 a.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present 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—e/d/s 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
Dr. Richard J. Henderson, Pastor of Faith Community Presbyterian Church in Novi, offered the following invocation:
“Almighty God, You Who have created us and the world in which we live, as we gather here today we thank You for this body and for the freedom that it represents. We thank You for the form of government that leads our country, and that provides our people with representation in the decisions that are made, and that affect their everyday lives. Help us be true to the liberty that our ancestors have passed down to us.
We thank You, Lord, for Your passion for freedom as we have seen it in Your call of Moses as he led people out of slavery and into freedom. We thank You for Your demands for justice seen in the cries of the prophets as they insist that people be treated fairly, and for their condemnation of those who mistreat people. We thank You for Your insistence on equality as we have seen it in Jesus of Nazareth as he reached out to those who were forgotten, looked down on, poor, and suffering. Help us to act as You have taught us.
We pray today for this body. Give our representatives wisdom in their decisions. Help them to work together for the good of all the people of our state. We pray that they would honor the poor, the disenfranchised, the hurting, and those who struggle to improve their lives. Inspire all of us who have been given so much and who have had so many opportunities to provide opportunities for all of Your children.
Open our ears to hear each other. Open our hearts to care for each other. Open our minds to understand the complexities of the difficult issues that face us today. Open our spirits that we may discern Your will.
We pray this morning for wisdom, compassion, insight, humility, and cooperation. Guide us all, O Lord, to do Your will in all of our actions.
We offer this prayer knowing Your love. Amen.”
______
The Speaker called Associate Speaker Pro Tempore Franz to the Chair.
______
Rep. Nesbitt moved that Rep. Muxlow be excused from today’s session.
The motion prevailed.
Third 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 489 Yeas—105
Afendoulis Garcia Kosowski Price
Banks Garrett LaFontaine Pscholka
Barrett Gay-Dagnogo Lane Rendon
Bizon Geiss Lauwers Roberts, B.
Brinks Glardon LaVoy Roberts, S.
Brunner Glenn Leonard Robinson
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 Plawecki Yanez
Farrington Kesto Poleski Yonker
Forlini Kivela Potvin Zemke
Franz
Nays—0
In The Chair: Franz
The question being on agreeing to the title of the bill,
Rep. Nesbitt moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 40111a (MCL 324.40111a), as amended by 2009 PA 199.
The motion prevailed.
The House agreed to the title as amended.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 490 Yeas—99
Afendoulis Franz LaFontaine Pscholka
Banks Garcia Lane Rendon
Barrett Garrett Lauwers Roberts, B.
Bizon Gay-Dagnogo LaVoy Roberts, S.
Brinks Geiss Leonard Robinson
Brunner Glardon Leutheuser Rutledge
Bumstead Goike Liberati Santana
Byrd Graves Love Schor
Callton Greig Lucido Sheppard
Canfield Greimel Lyons Singh
Chang Guerra Maturen Smiley
Chirkun Heise McCready Somerville
Clemente Hoadley Miller, A. Talabi
Cochran Hovey-Wright Miller, D. Tedder
Cole Howrylak Moss Theis
Cotter Hughes Neeley Townsend
Cox Iden Nesbitt Vaupel
Crawford Inman Outman VerHeulen
Darany Irwin Pagan Victory
Dianda Jacobsen Pagel Webber
Driskell Jenkins Pettalia Wittenberg
Durhal Johnson Plawecki Yanez
Faris Kesto Poleski Yonker
Farrington Kivela Potvin Zemke
Forlini Kosowski Price
Nays—6
Chatfield Hooker McBroom Runestad
Glenn Kelly
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 laws relating to the friend of the court; to provide for the appointment or removal of the friend of the court; to create the office of the friend of the court; to establish the rights, powers, and duties of the friend of the court and the office of the friend of the court; to establish a state friend of the court bureau and to provide the powers and duties of the bureau; to prescribe powers and duties of the circuit court and of certain state and local agencies and officers; to establish friend of the court citizen advisory committees; to prescribe certain duties of certain employers and former employers; and to repeal acts and parts of acts,”
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. 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 491 Yeas—100
Afendoulis Franz LaFontaine Price
Banks Garcia Lane Pscholka
Barrett Garrett Lauwers Rendon
Bizon Gay-Dagnogo LaVoy Roberts, B.
Brinks Geiss Leonard Roberts, S.
Brunner Glardon Leutheuser Robinson
Bumstead Goike Liberati Rutledge
Byrd Graves Love Santana
Callton Greig Lucido Schor
Canfield Greimel Lyons Sheppard
Chang Guerra Maturen Singh
Chirkun Heise McBroom Smiley
Clemente Hoadley 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 Kesto Plawecki Yanez
Farrington Kivela Poleski Yonker
Forlini Kosowski Potvin Zemke
Nays—5
Chatfield Hooker Kelly Runestad
Glenn
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 create the office of child support; and to prescribe certain powers and duties of the office, certain public and private agencies, and certain employers and former employers,”
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
Messages from the Senate
The Speaker laid before the House
House Bill No. 4658, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 6096.
(The bill was received from the Senate on December 15, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 101, p. 2197.)
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. 492 Yeas—103
Afendoulis Franz Kosowski Price
Banks Garcia LaFontaine Pscholka
Barrett Gay-Dagnogo Lane Rendon
Bizon Geiss Lauwers Roberts, B.
Brinks Glardon LaVoy Roberts, S.
Brunner Glenn Leonard Runestad
Bumstead Goike Leutheuser Rutledge
Byrd Graves Liberati Santana
Callton Greig Love Schor
Canfield Greimel Lucido Sheppard
Chang Guerra Lyons Singh
Chatfield Heise Maturen Smiley
Chirkun Hoadley McBroom Somerville
Clemente Hooker McCready Talabi
Cochran Hovey-Wright Miller, A. Tedder
Cole Howrylak Miller, D. Theis
Cotter Hughes Moss Townsend
Cox Iden Neeley Vaupel
Crawford Inman Nesbitt VerHeulen
Darany Irwin Outman Victory
Dianda Jacobsen Pagan Webber
Driskell Jenkins Pagel Wittenberg
Durhal Johnson Pettalia Yanez
Faris Kelly Plawecki Yonker
Farrington Kesto Poleski Zemke
Forlini Kivela Potvin
Nays—2
Garrett Robinson
In The Chair: Franz
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. 492, entitled
A bill to amend 1974 PA 269, entitled “Franchise investment law,” (MCL 445.1501 to 445.1546) by adding section 4b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 493 Yeas—59
Afendoulis Glenn Lauwers Price
Barrett Goike Leonard Pscholka
Bumstead Graves Leutheuser Rendon
Callton Heise Lucido Roberts, B.
Canfield Hooker Lyons Runestad
Chatfield Howrylak Maturen Sheppard
Cole Hughes McBroom Somerville
Cotter Iden McCready Tedder
Cox Inman Miller, A. Theis
Crawford Jacobsen Nesbitt Vaupel
Farrington Jenkins Outman VerHeulen
Forlini Johnson Pagel Victory
Franz Kelly Pettalia Webber
Garcia Kesto Poleski Yonker
Glardon LaFontaine Potvin
Nays—46
Banks Durhal Kosowski Robinson
Bizon Faris Lane Rutledge
Brinks Garrett LaVoy Santana
Brunner Gay-Dagnogo Liberati Schor
Byrd Geiss Love Singh
Chang Greig Miller, D. Smiley
Chirkun Greimel Moss Talabi
Clemente Guerra Neeley Townsend
Cochran Hoadley Pagan Wittenberg
Darany Hovey-Wright Plawecki Yanez
Dianda Irwin Roberts, S. Zemke
Driskell Kivela
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 regulate the offer, sale, and purchase of franchises; to prohibit fraudulent practices in relation thereto; to prohibit pyramid and chain promotions; to impose regulatory duties upon certain state departments and agencies; and to provide penalties,”
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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 494 Yeas—60
Afendoulis Glenn Lauwers Potvin
Barrett Goike Leonard Price
Bumstead Graves Leutheuser Pscholka
Callton Heise Liberati Rendon
Canfield Hooker Lucido Roberts, B.
Chatfield Howrylak Lyons Runestad
Cole Hughes Maturen Sheppard
Cotter Iden McBroom Somerville
Cox Inman McCready Tedder
Crawford Jacobsen Miller, A. Theis
Farrington Jenkins Nesbitt Vaupel
Forlini Johnson Outman VerHeulen
Franz Kelly Pagel Victory
Garcia Kesto Pettalia Webber
Glardon LaFontaine Poleski Yonker
Nays—45
Banks Durhal Kivela Robinson
Bizon Faris Kosowski Rutledge
Brinks Garrett Lane Santana
Brunner Gay-Dagnogo LaVoy Schor
Byrd Geiss Love Singh
Chang Greig Miller, D. Smiley
Chirkun Greimel Moss Talabi
Clemente Guerra Neeley Townsend
Cochran Hoadley Pagan Wittenberg
Darany Hovey-Wright Plawecki Yanez
Dianda Irwin Roberts, S. Zemke
Driskell
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 laws relating to worker’s disability compensation; to increase the administrative efficiency of the adjudicative processes of the worker’s compensation system; to improve the qualifications of the persons having adjudicative functions within the worker’s compensation system; to prescribe certain powers and duties; to create the board of worker’s compensation magistrates and the worker’s compensation appellate commission; to create certain other boards; to provide certain procedures for the resolution of claims, including mediation and arbitration; to prescribe certain benefits for persons suffering a personal injury under the act; to prescribe certain limitations on obtaining benefits under the act; to create, and provide for the transfer of, certain funds; to prescribe certain fees; to prescribe certain remedies and penalties; to repeal certain parts of this act on specific dates; and to repeal certain 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.
______
Rep. Phelps entered the House Chambers.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4713, entitled
A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.8) by adding section 9.
(The bill was received from the Senate on December 15, with substitute (S-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 101, p. 2197.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 495 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
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4563, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 110c (MCL 41.110c), as added by 1989 PA 77.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4596, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 24 (MCL 169.224), as amended by 1999 PA 237.
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. 4597, 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 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. 4680, entitled
A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending section 6 (MCL 800.326), as amended by 2012 PA 261.
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.
Messages from the Governor
Date: December 16, 2015
Time: 9:30 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4059 (Public Act No. 219, I.E.), being
An act to amend 1980 PA 300, entitled “An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 61 (MCL 38.1361), as amended by 2012 PA 464.
(Filed with the Secretary of State December 16, 2015, at 10:34 a.m.)
Date: December 16, 2015
Time: 9:37 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4843 (Public Act No. 220, I.E.), being
An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2012 PA 183.
(Filed with the Secretary of State December 16, 2015, at 10:36 a.m.)
Communications from State Officers
The following communication from the Department of Treasury was received and read:
December 9, 2015
Pursuant to section 21(3), reporting requirement of Public Act 140 of 1971 (the Glenn Steil State Revenue Sharing Act), the attached report related to the financial reporting of local units of government is being transmitted to you via electronic mail.
Julie Walsh, CPA
Assistant Budget Director
Department of Treasury
The communication was referred to the Clerk.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4742, entitled
A bill to make uniform the laws relating to support enforcement; and to repeal acts and parts of acts.
(The bill was received from the Senate on December 15, with substitute (S-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 101, p. 2198.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 496 Yeas—101
Afendoulis Garcia Lane Price
Banks Garrett Lauwers Pscholka
Barrett Gay-Dagnogo LaVoy Rendon
Bizon Geiss Leonard Roberts, B.
Brinks Glardon Leutheuser Roberts, S.
Brunner Goike Liberati Robinson
Bumstead Graves Love Rutledge
Byrd Greig Lucido Santana
Callton Greimel Lyons Schor
Canfield Guerra Maturen Sheppard
Chang Heise McBroom Singh
Chirkun Hoadley McCready Smiley
Clemente Hovey-Wright Miller, A. Somerville
Cochran Howrylak Miller, D. Talabi
Cole Hughes Moss 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 Kesto Phelps Wittenberg
Faris Kivela Plawecki Yanez
Farrington Kosowski Poleski Yonker
Forlini LaFontaine Potvin Zemke
Franz
Nays—5
Chatfield Hooker Kelly Runestad
Glenn
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. 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.
(The bill was received from the Senate on December 15, with substitute (S-3), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 101, p. 2198.)
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 497 Yeas—81
Afendoulis Garcia LaFontaine Poleski
Barrett Geiss Lane Potvin
Bizon Glardon Lauwers Price
Brinks Glenn LaVoy Pscholka
Bumstead Goike Leonard Rendon
Byrd Graves Leutheuser Roberts, B.
Callton Greimel Love Runestad
Canfield Heise Lucido Rutledge
Chang Hooker Lyons Santana
Chatfield Howrylak Maturen Sheppard
Chirkun Hughes McBroom Somerville
Clemente Iden McCready Tedder
Cochran Inman Miller, A. Theis
Cole Jacobsen Miller, D. Townsend
Cotter Jenkins Nesbitt Vaupel
Cox Johnson Outman VerHeulen
Crawford Kelly Pagel Victory
Dianda Kesto Pettalia Webber
Farrington Kivela Phelps Yanez
Forlini Kosowski 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: Franz
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
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 sections 1986 and 1987.
(The bill was received from the Senate on December 15, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 101, p. 2198.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 498 Yeas—93
Afendoulis Gay-Dagnogo LaVoy Roberts, B.
Banks Geiss Leonard Roberts, S.
Barrett Glardon Leutheuser Robinson
Bizon Glenn Liberati Runestad
Brinks Graves Love Rutledge
Brunner Greig Lucido Santana
Bumstead Guerra Lyons Schor
Byrd Heise Maturen Sheppard
Callton Hoadley McBroom Singh
Canfield Hovey-Wright McCready Smiley
Chang Hughes Miller, A. Somerville
Chirkun Iden Miller, D. Talabi
Clemente Inman Moss Tedder
Cochran Irwin Nesbitt Theis
Cotter Jacobsen Outman Townsend
Cox Jenkins Pagan Vaupel
Crawford Johnson Pagel VerHeulen
Darany Kesto Plawecki Victory
Durhal Kivela Poleski Webber
Faris Kosowski Potvin Wittenberg
Farrington LaFontaine Price Yanez
Forlini Lane Pscholka Yonker
Garcia Lauwers Rendon Zemke
Garrett
Nays—13
Chatfield Franz Hooker Neeley
Cole Goike Howrylak Pettalia
Dianda Greimel Kelly Phelps
Driskell
In The Chair: Franz
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
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 499 Yeas—59
Afendoulis Glenn Lauwers Price
Barrett Goike Leonard Pscholka
Bumstead Graves Leutheuser Rendon
Callton Heise Lucido Roberts, B.
Canfield Hooker Lyons Runestad
Chatfield Howrylak Maturen Sheppard
Cole Hughes McBroom Somerville
Cotter Iden McCready Tedder
Cox Inman Miller, A. Theis
Crawford Jacobsen Nesbitt Vaupel
Farrington Jenkins Outman VerHeulen
Forlini Johnson Pagel Victory
Franz Kelly Pettalia Webber
Garcia Kesto Poleski Yonker
Glardon LaFontaine Potvin
Nays—47
Banks Durhal Kosowski Robinson
Bizon Faris Lane Rutledge
Brinks Garrett LaVoy Santana
Brunner Gay-Dagnogo Liberati Schor
Byrd Geiss Love Singh
Chang Greig Miller, D. Smiley
Chirkun Greimel Moss Talabi
Clemente Guerra Neeley Townsend
Cochran Hoadley Pagan Wittenberg
Darany Hovey-Wright Phelps Yanez
Dianda Irwin Plawecki Zemke
Driskell Kivela Roberts, S.
In The Chair: Franz
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
House Bill No. 4552, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2000 PA 288.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Workforce and Talent Development,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Singh moved to amend the bill as follows:
1. Amend page 4, line 7, after “COMPLETED” by inserting “AS PART OF AND NOT IN ADDITION TO REQUIREMENTS PRESCRIBED BY THE DEPARTMENT”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Brett Roberts moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4813, entitled
A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3e (MCL 338.883e), as added by 1990 PA 246.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Workforce and Talent Development,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Liberati moved to substitute (H-5) the bill.
The motion did not prevail and the substitute (H-5) was not adopted, a majority of the members serving not voting therefor.
Rep. Brinks moved to substitute (H-2) the bill.
The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Price 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
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Wednesday, December 16:
House Bill Nos. 5150 5151 5152 5153 5154 5155 5156 5157 5158 5159 5160 5161 5162
Senate Bill Nos. 669 670 671 672 673 674 675 676 677 678 679 680 681 682
683 684 685
Senate Joint Resolutions M N
Messages from the Senate
Senate Bill No. 6, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 51, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 8a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Senate Bill No. 216, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 98, 107, 230, and 256 (MCL 388.1604, 388.1606, 388.1698, 388.1707, 388.1830, and 388.1856), section 4 as amended by 2012 PA 201, sections 6 and 107 as amended by 2015 PA 139, and sections 98, 230, and 256 as amended by 2015 PA 85.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 490, entitled
A bill to amend 1988 PA 378, entitled “An act to preserve personal privacy with respect to the purchase, rental, or borrowing of certain materials; and to provide penalties and remedies for violation of this act,” by amending sections 1, 2, 3, 4, and 5 (MCL 445.1711, 445.1712, 445.1713, 445.1714, and 445.1715), section 5 as added by 1989 PA 206.
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. 523, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72114 (MCL 324.72114), as amended by 2014 PA 210, and by adding section 72117.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tourism and Outdoor Recreation.
Senate Bill No. 551, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1104, 2801, 2803, 2807, 3206, 3207, 3209, 3614, and 3701 (MCL 700.1104, 700.2801, 700.2803, 700.2807, 700.3206, 700.3207, 700.3209, 700.3614, and 700.3701), section 1104 as amended by 2009 PA 46, section 2803 as amended by 2012 PA 173, section 2807 as amended by 2000 PA 54, sections 3206 and 3209 as amended by 2012 PA 63, section 3207 as amended by 2010 PA 325, and sections 3614 and 3701 as amended by 2006 PA 299, and by adding sections 3206a and 3206b; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 582, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87c (MCL 211.87b and 211.87c), section 87b as amended by 2014 PA 126 and section 87c as amended by 2012 PA 431, and by adding section 87f.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 583, entitled
A bill to amend 1933 PA 94, entitled “The revenue bond act of 1933,” by amending the title and section 3 (MCL 141.103), the title as amended by 1998 PA 196 and section 3 as amended by 2002 PA 465, and by adding sections 7b, 21a, 22a, and 24a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 588, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43516 (MCL 324.43516), as amended by 2013 PA 108.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tourism and Outdoor Recreation.
Senate Bill No. 591, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 63201 (MCL 324.63201), as added by 2004 PA 449, and by adding part 634.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Senate Bill No. 629, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2012 PA 386.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4604, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 9115a (MCL 324.9115a), as added by 2005 PA 56.
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.
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.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), 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.
Explanation of “No” Votes
Rep. Poleski having reserved the right to explain his protest against passage of Senate Bill Nos. 616 and 617, made the following statement:
“Mr. Speaker and members of the House:
Thank you Mr. Speaker for this opportunity to explain my No vote on the Data Center Exemption bills.
I am as pleased as any of my friends from Grand Rapids at the prospect of filling an empty space with investment and jobs. I wish Switch, or whoever eventually fills that space, every success and fabulous profitability. I wish their potential customers and employees happiness and prosperity.
All of my colleagues know that if I have a chance to reduce taxes or refine tax policy, I am all over it. I regret that this package of bills is the wrong approach.
Similar property installed at each business not engaged in data center operations, who is not an industrial taxpayer, and who is not an agricultural taxpayer, will remain subject to sales and use tax, and each individual taxpayer will remain subject to sales and use taxes.
There are many exemptions from sales and use taxes in our State, each with a nominally logical reason for it to exist. We exempt industrial processing, we exempt agricultural operations, we exempt consumers of services.
To pick and choose the property that is exempt is to leave every other loyal taxpayer without the political muscle to extract an exemption for themselves to wonder who is representing them, and why they must carry the cost of government.
I love data centers, and industrial operations, and agricultural operations and service providers. I want to see them be enormously successful. But their exemptions from our normal taxation processes act to place the burden of governmental operations upon all other taxpayers not so exempt and so favored.
The special granting of tax breaks to get a business to locate here was something I decried bitterly when running for office six years ago. I said then, and I repeat today, that tax breaks are granted only when our existing tax and business structure is inadequate to attract and retain business in Michigan.
I have been proud of our five years of service, during which we have expended tremendous effort and political capital to create a tax and business climate that is attractive to all types of investment – including, I’m guessing, existing data centers, who might not have considered Michigan but for our efforts– So that all can consider that they are treated fairly in carrying the burden of operating state and local governments.
To pass these bills is to admit, to surrender, to the notion that our efforts over the past five years have been inadequate to attract and retain businesses here in Michigan. I refuse to surrender at the first far-away thunder from a company that, heretofore to my knowledge, has not been a taxpayer in Michigan. We owe greater diligence to our Michigan taxpayers, and we should have greater confidence in the cards we hold not to fold at the first raise.
To any of us with corporate headquarters in our districts, and where those headquarters have their own internal data operations, to pass these bills is to give Qualified Data Centers, as defined in the bills, a 6% price advantage to outsourcing computer operations to Grand Rapids or wherever Qualified Data Centers may locate themselves.
I worry that we don’t know the present and future effect of these exemptions upon our State’s budget, or that of the local governments whose revenues will be impaired. Data centers will quite rightly require local police and fire services, excellent State services, and will demand superior educational opportunities for their employees’ children.
I have confidence the good people of the Grand Rapids area would provide those excellent services for the new Data Center’s occupants, and I don’t think it’s unreasonable or uncompetitive to expect that Center to bear its share of those costs just as all other Michigan taxpayers do.
I worry that the breadth of these exemptions will necessarily attract the attention of other high tech businesses already in our State, businesses who have been good citizens and have heretofore paid the normal cost of running our State and local governments. I guarantee you that they will attempt to fit their operations into the definitions of the exemptions, so as to compete with those who would be exempted from sales and use taxes. Audits, uncertainties, and litigation will result, not to mention the unpredictable effect on governmental budgets.
There are those who would argue that this is tax reform and tax reduction, and I am perfectly good with both of those. But let’s not deceive ourselves or anyone else - We would not be considering this legislation if not for the interest in the Steelcase location, and the brazen and bold statement that, absent a special tax deal, another state will be chosen.
I have worked in the corporate tax field, and it is perfectly natural and expected that legitimate tax benefits be acquired if possible. I don’t blame data enters for pressing for tax breaks. But I believe we have created an attractive tax and business climate here, and I urge my colleagues to have confidence in the work we have done for all of Michigan’s residents and businesses.
Regardless of the outcome on this issue, I wish Switch and all legitimate businesses in Michigan success.
Thank you Mr. Speaker.”
Introduction of Bills
Rep. Heise introduced
House Bill No. 5163, entitled
A bill to amend 2003 PA 258, entitled “Land bank fast track act,” by amending section 18 (MCL 124.768); and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Local Government.
Reps. Chatfield and Moss introduced
House Bill No. 5164, entitled
A bill to amend 1967 PA 288, entitled “Land division act,” by amending section 241 (MCL 560.241), as amended by 1998 PA 549.
The bill was read a first time by its title and referred to the Committee on Local Government.
Reps. Moss and Chatfield introduced
House Bill No. 5165, entitled
A bill to amend 1895 PA 107, entitled “An act to provide for recording in the offices of registers of deeds certified copies of judgments and decrees of courts of record and making the record thereof evidence in courts, and making such records heretofore made like evidence,” by amending section 2 (MCL 565.412).
The bill was read a first time by its title and referred to the Committee on Local Government.
Reps. McBroom, Cole, Lauwers and Brett Roberts introduced
House Bill No. 5166, entitled
A bill to amend 1996 PA 199, entitled “Michigan aquaculture development act,” by amending sections 2, 3, 4, 5, 6, 7, and 9 (MCL 286.872, 286.873, 286.874, 286.875, 286.876, 286.877, and 286.879), sections 2 and 4 as amended by 2003 PA 272, and by adding section 7a.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Cole, McBroom, Lauwers and Brett Roberts introduced
House Bill No. 5167, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101, 30103, 30104, 30306, and 48735 (MCL 324.3101, 324.30103, 324.30104, 324.30306, and 324.48735), section 3101 as amended by 2006 PA 97, section 30103 as amended by 2014 PA 253, section 30104 as amended by 2015 PA 76, section 30306 as amended by 2013 PA 98, and section 48735 as amended by 2003 PA 270, and by adding sections 3113b and 32515b; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Cole, McBroom, Lauwers and Brett Roberts introduced
House Bill No. 5168, entitled
A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending section 3 (MCL 287.703), as amended by 2002 PA 458.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Announcements by the Clerk
December 15, 2015
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit report on Oaks Correctional Facility, Department of Corrections, December 2015.
Gary L. Randall
Clerk of the House
______
The Speaker Pro Tempore assumed the Chair.
By unanimous consent the House returned to the order of
Third Reading of Bills
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).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 500 Yeas—59
Afendoulis Glenn Lauwers Price
Barrett Goike Leonard Pscholka
Bumstead Graves Leutheuser Rendon
Callton Heise Lucido Roberts, B.
Canfield Hooker Lyons Runestad
Chatfield Howrylak Maturen Sheppard
Cole Hughes McBroom Somerville
Cotter Iden McCready Tedder
Cox Inman Miller, A. Theis
Crawford Jacobsen Nesbitt Vaupel
Farrington Jenkins Outman VerHeulen
Forlini Johnson Pagel Victory
Franz Kelly Pettalia Webber
Garcia Kesto Poleski Yonker
Glardon LaFontaine Potvin
Nays—47
Banks Durhal Kosowski Robinson
Bizon Faris Lane Rutledge
Brinks Garrett LaVoy Santana
Brunner Gay-Dagnogo Liberati Schor
Byrd Geiss Love Singh
Chang Greig Miller, D. Smiley
Chirkun Greimel Moss Talabi
Clemente Guerra Neeley Townsend
Cochran Hoadley Pagan Wittenberg
Darany Hovey-Wright Phelps Yanez
Dianda Irwin Plawecki Zemke
Driskell Kivela Roberts, S.
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. 5072, entitled
A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by amending section 2 (MCL 408.412).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 501 Yeas—60
Afendoulis Glenn Lane Potvin
Barrett Goike Lauwers Price
Bumstead Graves Leonard Pscholka
Callton Heise Leutheuser Rendon
Canfield Hooker Lucido Roberts, B.
Chatfield Howrylak Lyons Runestad
Cole Hughes Maturen Sheppard
Cotter Iden McBroom Somerville
Cox Inman McCready Tedder
Crawford Jacobsen Miller, A. Theis
Farrington Jenkins Nesbitt Vaupel
Forlini Johnson Outman VerHeulen
Franz Kelly Pagel Victory
Garcia Kesto Pettalia Webber
Glardon LaFontaine Poleski Yonker
Nays—46
Banks Durhal Kosowski Robinson
Bizon Faris LaVoy Rutledge
Brinks Garrett Liberati Santana
Brunner Gay-Dagnogo Love Schor
Byrd Geiss Miller, D. Singh
Chang Greig Moss Smiley
Chirkun Greimel Neeley Talabi
Clemente Guerra Pagan Townsend
Cochran Hoadley Phelps Wittenberg
Darany Hovey-Wright Plawecki Yanez
Dianda Irwin Roberts, S. Zemke
Driskell Kivela
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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 502 Yeas—60
Afendoulis Glenn Lauwers Price
Barrett Goike Leonard Pscholka
Bumstead Graves Leutheuser Rendon
Callton Heise Lucido Roberts, B.
Canfield Hooker Lyons Runestad
Chatfield Howrylak Maturen Santana
Cole Hughes McBroom Sheppard
Cotter Iden McCready Somerville
Cox Inman Miller, A. Tedder
Crawford Jacobsen Nesbitt Theis
Farrington Jenkins Outman Vaupel
Forlini Johnson Pagel VerHeulen
Franz Kelly Pettalia Victory
Garcia Kesto Poleski Webber
Glardon LaFontaine Potvin Yonker
Nays—46
Banks Durhal Kosowski Roberts, S.
Bizon Faris Lane Robinson
Brinks Garrett LaVoy Rutledge
Brunner Gay-Dagnogo Liberati Schor
Byrd Geiss Love Singh
Chang Greig Miller, D. Smiley
Chirkun Greimel Moss Talabi
Clemente Guerra Neeley Townsend
Cochran Hoadley Pagan Wittenberg
Darany Hovey-Wright Phelps Yanez
Dianda Irwin Plawecki Zemke
Driskell Kivela
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Nesbitt and Singh offered the following concurrent resolution:
House Concurrent Resolution No. 18.
A concurrent resolution providing for the final adjournment of the Legislature.
Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Thursday, December 17, 2015, it stands adjourned until Friday, December 18, 2015, at 11:30 a.m.; and be it further
Resolved, That when the Senate adjourns on Thursday, December 17, 2015, it stands adjourned until Friday, December 18, 2015, at 11:45 a.m.; and be it further
Resolved, That when the Legislature adjourns on Friday, December 18, 2015, it stands adjourned without day.
The concurrent resolution was referred to the Committee on Government Operations.
Reps. Nesbitt and Singh offered the following concurrent resolution:
House Concurrent Resolution No. 19.
A concurrent resolution providing for the final adjournment of the Legislature.
Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Thursday, December 17, 2015, it stands adjourned until Friday, December 18, 2015, at 11:45 a.m.; and be it further
Resolved, That when the Senate adjourns on Wednesday, December 16, 2015, it stands adjourned until Friday, December 18, 2015, at 11:45 a.m.; and be it further
Resolved, That when the Legislature adjourns on Friday, December 18, 2015, it stands adjourned without day.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Second Reading of Bills
Senate Bill No. 571, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 6, and 55 (MCL 169.203, 169.206, and 169.255), section 3 as amended by 2012 PA 273 and sections 6 and 55 as amended by 2013 PA 252.
The bill was read a second time.
Rep. Lyons moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Singh moved to reconsider the vote by which the House adopted the substitute (H-3) offered by Rep. Lyons.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the substitute (H-3) offered by Rep. Lyons,
Point of Order
Rep. Singh requested a ruling from the Chair regarding the germaneness of the substitute (H-3) offered by Rep. Lyons.
The Chair ruled that the substitute (H-3) is germane pursuant to House Rule 60.
Rep. Singh appealed the decision of the Chair.
The question being, “Shall the judgment of the Chair stand as the judgment of the House?”
The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 503 Yeas—60
Afendoulis Glardon LaFontaine Potvin
Barrett Glenn Lauwers Price
Bizon Goike Leonard Pscholka
Bumstead Graves Leutheuser Rendon
Callton Heise Lucido Roberts, B.
Canfield Hooker Lyons Runestad
Chatfield Howrylak Maturen Sheppard
Cole Hughes McBroom Somerville
Cotter Iden McCready Tedder
Cox Inman Miller, A. Theis
Crawford Jacobsen Nesbitt Vaupel
Farrington Jenkins Outman VerHeulen
Forlini Johnson Pagel Victory
Franz Kelly Pettalia Webber
Garcia Kesto Poleski Yonker
Nays—46
Banks Faris Lane Robinson
Brinks Garrett LaVoy Rutledge
Brunner Gay-Dagnogo Liberati Santana
Byrd Geiss Love Schor
Chang Greig Miller, D. Singh
Chirkun Greimel Moss Smiley
Clemente Guerra Neeley Talabi
Cochran Hoadley Pagan Townsend
Darany Hovey-Wright Phelps Wittenberg
Dianda Irwin Plawecki Yanez
Driskell Kivela Roberts, S. Zemke
Durhal Kosowski
In The Chair: Leonard
The question being on the adoption of the substitute (H-3) offered previously by Rep. Lyons,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Lyons moved to amend the bill as follows:
1. Amend page 24, line 7, after “$1,000.00.” by inserting “THE TREASURER OF A COMMITTEE OF AN INCUMBENT JUDGE OR JUSTICE IS CONSIDERED TO HAVE MADE THE STATEMENT REQUIRED UNDER THIS SUBSECTION FOLLOWING APPOINTMENT OR ELECTION OF THAT JUDGE OR JUSTICE AND IS NOT REQUIRED TO FILE A WRITTEN STATEMENT UNDER THIS SUBSECTION INDICATING THAT THE COMMITTEE DOES NOT EXPECT FOR EACH ELECTION TO RECEIVE OR EXPEND AN AMOUNT IN EXCESS OF $1,000.00.”.
2. Amend page 24, line 20, after “(5)” by inserting “OR THAT IS CONSIDERED TO HAVE MADE A STATEMENT UNDER SUBSECTION (5)”.
3. Amend page 28, line 19, after “(6)” by inserting “OR THAT IS AUTOMATICALLY CONSIDERED TO HAVE MADE A STATEMENT UNDER SECTION 24(5)”.
The motion prevailed and the amendments were 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. 571, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 6, and 55 (MCL 169.203, 169.206, and 169.255), section 3 as amended by 2012 PA 273 and sections 6 and 55 as amended by 2013 PA 252.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 504 Yeas—58
Afendoulis Glenn Lauwers Price
Barrett Goike Leonard Pscholka
Bumstead Graves Leutheuser Rendon
Callton Heise Lucido Roberts, B.
Canfield Hooker Lyons Runestad
Chatfield Howrylak Maturen Sheppard
Cole Hughes McCready Somerville
Cotter Iden Miller, A. Tedder
Cox Inman Nesbitt Theis
Crawford Jacobsen Outman Vaupel
Farrington Jenkins Pagel VerHeulen
Forlini Johnson Pettalia Victory
Franz Kelly Poleski Webber
Garcia Kesto Potvin Yonker
Glardon LaFontaine
Nays—48
Banks Durhal Kosowski Roberts, S.
Bizon Faris Lane Robinson
Brinks Garrett LaVoy Rutledge
Brunner Gay-Dagnogo Liberati Santana
Byrd Geiss Love Schor
Chang Greig McBroom Singh
Chirkun Greimel Miller, D. Smiley
Clemente Guerra Moss Talabi
Cochran Hoadley Neeley Townsend
Darany Hovey-Wright Pagan Wittenberg
Dianda Irwin Phelps Yanez
Driskell Kivela Plawecki Zemke
In The Chair: Leonard
The question being on agreeing to the title of the bill,
Rep. Nesbitt moved to amend the title to read as follows:
A bill to amend 1976 PA 388, entitled “An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,” by amending sections 4, 6, 9, 10, 15, 21, 24, 33, 35, 47, 52, 54, 55, and 57 (MCL 169.204, 169.206, 169.209, 169.210, 169.215, 169.221, 169.224, 169.233, 169.235, 169.247, 169.252, 169.254, 169.255, and 169.257), sections 4, 6, 33, 47, 52, and 55 as amended by 2013 PA 252, section 9 as amended by 2012 PA 275, section 15 as amended by 2012 PA 277, section 21 as amended by 1989 PA 95, section 24 as amended by 1999 PA 237, section 35 as amended by 2012 PA 273, section 54 as amended by 1995 PA 264, and section 57 as amended by 2012 PA 31.
The motion prevailed.
The House agreed to the title as amended.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 13, entitled
A bill to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 736c, 782b, 795c, 803, and 804 (MCL 168.736c, 168.782b, 168.795c, 168.803, and 168.804), section 736c as added by 2012 PA 128, section 795c as amended by 1990 PA 109, and section 803 as amended by 2004 PA 92.
The Senate has amended the House substitute (H-2) as follows:
1. Amend page 8, line 12, by striking out all of enacting section 1.
The Senate has concurred in the House substitute (H-2) as amended, ordered that the bill be given immediate effect and agreed to the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Nesbitt moved that Rule 42 be suspended.
The question being on the motion made by Rep. Nesbitt,
Rep. Singh demanded the yeas and nays.
The demand was not supported.
The question being on the motion made by Rep. Nesbitt,
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment to the House substitute (H-2) made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 505 Yeas—54
Afendoulis Glenn Lauwers Pscholka
Barrett Goike Leonard Rendon
Bumstead Graves Leutheuser Roberts, B.
Callton Heise Lucido Runestad
Canfield Hooker McBroom Sheppard
Chatfield Hughes McCready Somerville
Cole Iden Miller, A. Tedder
Cotter Inman Nesbitt Theis
Cox Jacobsen Outman Vaupel
Crawford Jenkins Pagel VerHeulen
Farrington Johnson Pettalia Victory
Forlini Kelly Poleski Webber
Franz Kesto Price Yonker
Garcia LaFontaine
Nays—52
Banks Faris Kosowski Potvin
Bizon Garrett Lane Roberts, S.
Brinks Gay-Dagnogo LaVoy Robinson
Brunner Geiss Liberati Rutledge
Byrd Glardon Love Santana
Chang Greig Lyons Schor
Chirkun Greimel Maturen Singh
Clemente Guerra Miller, D. Smiley
Cochran Hoadley Moss Talabi
Darany Hovey-Wright Neeley Townsend
Dianda Howrylak Pagan Wittenberg
Driskell Irwin Phelps Yanez
Durhal Kivela Plawecki Zemke
In The Chair: Leonard
______
Rep. Lyons, having reserved the right to explain her nay vote, made the following statement:
“Mr. Speaker and members of the House:
I have always supported eliminating straight ticket voting because we should vote for people not political parties. However, I have consistently cautioned that we need to be mindful of the impact this will have on Election Day, and we need to provide tools- like offering Michigan voters secure no-reason absentee voting- to mitigate longer lines at the polls. Because this bill falls short of addressing very legitimate concerns, in the end I could not support it. I do not believe this policy alone is in the best interest of Michigan’s voters, and it is unfortunate that the legislature squandered the opportunity to enact good election reform that is not pro-republican or pro-democrat, but pro-voter.”
Rep. Howrylak, having reserved the right to explain his nay vote, made the following statement:
“Mr. Speaker and members of the House:
I voted ‘no’ on SB 13 because an appropriation was included in the bill. It should have been removed. Indeed, it never should have been added to the bill in the first place. It is irrelevant to the intent of the bill and has no impact other than to prevent a referendum petition. We should not be afraid to pass bills that are subject to the possibility of referendum. Indeed, we are tasked with representing the people of the State of Michigan. As such, our legislation should be able to stand on its own merits. It should reflect the will of the electorate and should not block the people’s constitutional right of referendum simply by including a perfunctory appropriation.”
______
Rep. Nesbitt moved that the House adjourn.
The motion prevailed, the time being 10:30 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, December 17, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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