No. 13

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2016

House Chamber, Lansing, Wednesday, February 10, 2016.

1:30 p.m.

The House was called to order by the Speaker.

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

Afendoulis—present 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 Moss—present Talabi—present

Cole—present Howrylak—present Muxlow—present Tedder—present

Cotter—present Hughes—present Neeley—present Theis—present

Cox—present Iden—present Nesbitt—present Townsend—present

Crawford—present Inman—present Outman—present Vaupel—present

Darany—present Irwin—present Pagan—present VerHeulen—present

Dianda—present Jacobsen—present Pagel—present Victory—present

Driskell—present Jenkins—present Pettalia—present Webber—present

Durhal—present Johnson—present Phelps—present Wittenberg—present

Faris—present Kelly—present Plawecki—present Yanez—present

Farrington—present Kesto—present Poleski—present Yonker—present

Forlini—present Kivela—present Potvin—present Zemke—present

Franz—present Kosowski—present

e/d/s = entered during session

Rev. Jeremiah Ketchum, Senior Pastor of Brown Corners Church in Clare, offered the following invocation:

“Our God in heaven, we come before You today humbly recognizing You as sovereign Lord and creator of all things. We rejoice to know that You hear and care deeply for everyone in this room.

Thank You for the men and women who have given and sacrificed so much to serve the people of their districts. Strengthen them as they carry the privilege and responsibility for making laws and decisions that chart the course for our state.

Thank You that we can live in such an amazing country that allows us such tremendous freedoms.

Grant wisdom to those here, as they balance their workload with personal and family commitments. Enable them to prioritize the work that needs to be done.

Grant that these men and women would see what love and justice and far-seeing wisdom demand in regard to the issues of education, business and industry, health care, marriage and family, abortion, welfare, energy, government and taxes, military, terrorism, international relations, and every other challenge that our state will face in the years to come.

May the great state of Michigan be known as a place where people revere and honor You, where Your commandments are treasured, and all life is regarded as precious.

May You receive glory for what’s done in this building today and in the days to come.

More than anything, we are grateful for Your precious Son, Jesus Christ, Who gave His life as a ransom for many upon the cross.”

Motions and Resolutions

By unanimous consent the House considered House Resolution No. 221 out of numerical order.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 221.

A resolution of tribute offered as a memorial for Daisy Elliott, former member of the House of Representatives.

Whereas, It is with great sadness that the members of this legislative body learned of the passing of Daisy Elliott. She will be remembered for her commitment to equal rights and making Michigan a better place for all of its residents, including her constituents in Detroit for whom she tirelessly advocated; and

Whereas, Even before her election to the House of Representatives in 1962, Daisy Elliott fought to improve the lives of Michigan residents. After working in factories, real estate, and with the secretary of state, she was elected as a delegate to the 1961-1962 constitutional convention. While serving as a delegate, Daisy Elliott championed the establishment of the Civil Rights Commission and an appellate court in the state constitution; and

Whereas, During her 18 years in the House of Representatives, Daisy Elliott sponsored dozens of bills that became law and was known for her dogged efforts to fight discrimination in the state. Her crowning achievement was co-authorship of the landmark civil rights act which bears her name, the Elliott-Larsen Civil Rights Act of 1976. It was one of the most sweeping and influential policies of its kind in the entire nation; and

Whereas, Daisy Elliott was known for her leadership abilities and political acumen and earned numerous awards for public service during her lifetime. She was instrumental in the creation of the Legislative Black Caucus and provided a voice for her constituents on numerous committees during her time in the House of Representatives, most notably the Colleges and Universities, Constitutional Revision and Women’s Rights, Education, and Labor committees; and

Whereas, Daisy Elliott was a remarkable public servant who worked relentlessly for the betterment of the state and advocated strongly on behalf of workers, senior citizens, women, and minorities who sought equal treatment in Michigan. Upon her passing, we offer our condolences to her family and friends. We hope that they may find comfort in the knowledge that the community as a whole shares in their bereavement, and that the legacy of Daisy Elliott’s contributions will continue to enhance our state long into the future; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Daisy Elliott, a member of this legislative body from 1963 to 1978 and 1981 to 1982; and be it further

Resolved, That copies of this resolution be transmitted to the Elliott family as evidence of our lasting esteem for her memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

Reps. Callton, LaVoy and Pagan offered the following resolution:

House Resolution No. 219.

A resolution to declare February 2016 as Self-Care Month in the state of Michigan.

Whereas, Self-care is a lifelong daily habit of healthy lifestyle choices, good hygiene practices, prevention of infection and illness, avoiding unhealthy choices, monitoring for signs and symptoms of changes in health, knowing when to consult a healthcare practitioner and knowing when it is appropriate to self-treat conditions; and

Whereas, The United States Food and Drug Administration deems OTC medicines safe and effective for the self-care treatment of minor acute and chronic health conditions and symptoms such as pain, the common cold, allergies, and other conditions that impact large segments of the population; and

Whereas, Over-the-counter medicines are either developed as new nonprescription medicines or switched from existing prescription medicines; and

Whereas, Over-the-counter nonprescription medicines are self-care products that consumers purchase in pharmacies, supermarkets, retail stores, and online; and

Whereas, Every dollar spent on over-the-counter medicines saves the United States healthcare system $6-7 dollars each year totaling $102 billion in annual savings; and

Whereas, Nonprescription medicines help to ease the burden on healthcare practitioners, eliminating unnecessary medical examinations that could be avoided with appropriate self-care; and

Whereas, Michigan benefits when its citizens practice appropriate self-care, do not unnecessarily visit healthcare practitioners, and are empowered by higher self-esteem, improved health, and reduced use of health care services; and

Whereas, Michigan encourages its citizens to take advantage of self-care’s potential to improve personal and public health, save personal and public treasury, and strengthen the sustainability of the Michigan’s health care system; and

Whereas, Achieving self-care’s potential is a shared opportunity for consumers, healthcare practitioners, policymakers, and regulators; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 2016 as Self-Care Month in the state of Michigan; and be it further

Resolved, That we recognize the importance of improving awareness of self-care and the value it represents to the people of the state of Michigan, support increased consumer empowerment through the development of new nonprescription medicines and the appropriate switch of certain prescription medicines to nonprescription, acknowledge that over-the-counter medicines can greatly improve and reduce costs to the public health system, and encourage consumers, healthcare practitioners, policymakers, and regulators to communicate the benefits of self-care.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Aaron Miller and LaVoy offered the following resolution:

House Resolution No. 220.

A resolution to urge the President and Congress of the United States to abandon President Carter’s April 1977 nuclear power policy and explore and support policies that will lead to the establishment of facilities within the United States for the reprocessing and recycling of spent nuclear fuel.

Whereas, On April 7, 1977, President Carter delivered a statement on nuclear power policy in which he announced that the United States would indefinitely defer the commercial reprocessing and recycling of spent nuclear waste produced at nuclear power plants in the country. President Carter’s statement announced an end to federal funding and encouragement for an under construction reprocessing facility in South Carolina, stating that the nuclear power program was sustainable without reprocessing and recycling; and

Whereas, The federal Nuclear Waste Policy Act of 1982 called for the United States Department of Energy to begin collecting spent nuclear waste and develop a long-term plan for storage of the material. In 2002, Congress approved Yucca Mountain in Nevada as the location to allow the Department of Energy to establish a safe repository for high-level spent nuclear waste; and

Whereas, In 2010, the Department of Energy halted the project at Yucca Mountain when the construction authorization process was in progress, despite the Nuclear Waste Fund receiving more than $30 billion in revenue from electric customers throughout the United States in order to construct the facility and store the spent fuel; and

Whereas, The Argonne National Laboratory has developed a high-temperature method of recycling spent nuclear waste into fuel, known as pyrochemical processing. This process allows 100 times more of the energy in uranium ore to be used to produce electricity compared to current commercial reactors; and

Whereas, Extending the productive life of uranium ore through pyrochemical processing ensures almost inexhaustible supplies of low-cost uranium resources for the generation of electricity, minimizes the risk that used fuel could be stolen and used to produce weapons, and reduces the amount of nuclear waste and the time it must be isolated by almost 1,000 times; and

Whereas, Advanced non-light water reactors currently under development in the United States and internationally have the potential to utilize used fuel from existing reactors as fuel, but according to the Nuclear Regulatory Commission, there are no reprocessing facilities currently operating within the United States; and

Whereas, The federal government’s inability to adequately store or reprocess almost 100,000 tons of spent nuclear fuel has adversely affected the residents of the state of Michigan. Michigan has paid more than $800 million into the Nuclear Waste Fund since 1983, but the federal government has failed to use it to permanently store nuclear waste in a way that serves the public; now, therefore, be it

Resolved by the House of Representatives, That we urge the President and Congress of the United States to abandon President Carter’s April 1977 nuclear power policy and explore and support policies that will lead to the establishment of facilities within the United States for the reprocessing and recycling of spent nuclear fuel; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Energy Policy.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

House Bill No. 5006, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 5a.

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

Roll Call No. 32 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 Moss Talabi

Cole Howrylak Muxlow Tedder

Cotter Hughes Neeley Theis

Cox Iden Nesbitt Townsend

Crawford Inman Outman Vaupel

Darany Irwin Pagan VerHeulen

Dianda Jacobsen Pagel Victory

Driskell Jenkins Pettalia Webber

Durhal Johnson Phelps Wittenberg

Faris Kelly Plawecki Yanez

Farrington Kesto Poleski Yonker

Forlini Kivela Potvin Zemke

Franz Kosowski

Nays—0

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. 4344, entitled

A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, and 36 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, and 257.1336), sections 2, 18, 22, and 30 as amended and section 2a as added by 1988 PA 254, section 10 as amended by 2000 PA 366, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 10a, 13a, 13b, and 32a; and to repeal acts and parts of acts.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Sheppard moved to amend the bill as follows:

1. Amend page 14, line 15, by inserting:

(G) REPLACE A MAJOR COMPONENT PART DESCRIBED IN SECTION 2A(A)(iii) TO (xiv) WITH A PART THAT DOES NOT MEET OR EXCEED STANDARDS RECOGNIZED AS OEM COMPARABLE QUALITY AS VERIFIED BY A NATIONALLY RECOGNIZED AUTOMOTIVE PARTS TESTING AGENCY, UNLESS NO OEM OR VERIFIED PART IS AVAILABLE. THIS SUBDIVISION DOES NOT APPLY TO THE REPLACEMENT OF A MAJOR COMPONENT PART IF THAT PART IS NO LONGER COVERED UNDER THE ORIGINAL EQUIPMENT MANUFACTURER’S WARRANTY.” and relettering the remaining subdivision.

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

The question being on the passage of the bill,

Rep. Sheppard moved to amend the bill as follows:

1. Amend page 14, line 15, by inserting:

(G) REPLACE A MAJOR COMPONENT PART DESCRIBED IN SECTION 2A(A)(iii) TO (xiv) WITH A PART THAT DOES NOT MEET OR EXCEED STANDARDS RECOGNIZED AS OEM COMPARABLE QUALITY AS VERIFIED BY A NATIONALLY RECOGNIZED AUTOMOTIVE PARTS TESTING AGENCY, UNLESS NO OEM OR VERIFIED PART IS AVAILABLE OR UNLESS OTHERWISE DIRECTED BY THE OWNER OF THE MOTOR VEHICLE IN WRITING. THIS SUBDIVISION DOES NOT APPLY TO THE REPLACEMENT OF A MAJOR COMPONENT PART IF THAT PART IS NO LONGER COVERED UNDER THE ORIGINAL EQUIPMENT MANUFACTURER’S WARRANTY.” and relettering the remaining subdivision.

The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 33 Yeas—84

Banks Forlini Kosowski Phelps

Barrett Franz LaFontaine Plawecki

Bizon Garrett Lane Poleski

Brinks Gay-Dagnogo Lauwers Rendon

Brunner Geiss LaVoy Roberts, B.

Byrd Glardon Leonard Roberts, S.

Callton Goike Leutheuser Robinson

Chang Graves Liberati Rutledge

Chatfield Greig Love Santana

Chirkun Greimel Lucido Schor

Clemente Guerra Maturen Sheppard

Cochran Heise McBroom Singh

Cotter Hoadley McCready Smiley

Cox Hovey-Wright Miller, A. Somerville

Crawford Hughes Moss Talabi

Darany Iden Muxlow Tedder

Dianda Inman Neeley Townsend

Driskell Irwin Nesbitt Webber

Durhal Jenkins Outman Wittenberg

Faris Kesto Pagan Yonker

Farrington Kivela Pettalia Zemke

Nays—22

Afendoulis Hooker Pagel Theis

Bumstead Howrylak Potvin Vaupel

Canfield Jacobsen Price VerHeulen

Cole Johnson Pscholka Victory

Garcia Kelly Runestad Yanez

Glenn Lyons

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 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2, 18, 22, and 30 as amended and section 2a as added by 1988 PA 254, section 10 as amended by 2000 PA 366, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 10a, 13a, 13b, and 32a.

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.

House Bill No. 5147, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 315a and 376a (MCL 750.315a and 750.376a), as amended by 2014 PA 400.

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

Roll Call No. 34 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 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 Moss Talabi

Cole Howrylak Muxlow Tedder

Cotter Hughes Neeley Theis

Cox Iden Nesbitt Townsend

Crawford Inman Outman Vaupel

Darany Irwin Pagan VerHeulen

Dianda Jacobsen Pagel Victory

Driskell Jenkins Pettalia Webber

Durhal Johnson Phelps Wittenberg

Faris Kelly Plawecki Yanez

Farrington Kesto Poleski Yonker

Forlini Kivela Potvin Zemke

Franz

Nays—1

Liberati

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.

______

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

House Bill No. 5251, entitled

A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4111 (MCL 487.14111), as added by 2014 PA 399.

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 35 Yeas—104

Afendoulis Franz Kivela Potvin

Banks Garcia Kosowski Price

Barrett Garrett LaFontaine Pscholka

Bizon Gay-Dagnogo Lane Rendon

Brinks Geiss Lauwers Roberts, B.

Brunner Glardon LaVoy Roberts, S.

Bumstead Glenn Leonard Runestad

Byrd Goike Leutheuser Rutledge

Callton Graves Love Santana

Canfield Greig Lucido Schor

Chang Greimel Lyons Sheppard

Chatfield Guerra Maturen Singh

Chirkun Heise McBroom Smiley

Clemente Hoadley McCready Somerville

Cochran Hooker Miller, A. Talabi

Cole Hovey-Wright Moss Tedder

Cotter Howrylak Muxlow Theis

Cox Hughes Neeley Townsend

Crawford Iden Nesbitt Vaupel

Darany Inman Outman VerHeulen

Dianda Irwin Pagan Victory

Driskell Jacobsen Pagel Webber

Durhal Jenkins Pettalia Wittenberg

Faris Johnson Phelps Yanez

Farrington Kelly Plawecki Yonker

Forlini Kesto Poleski Zemke

Nays—2

Liberati Robinson

In The Chair: Cox

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. 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.

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

Roll Call No. 36 Yeas—104

Afendoulis Franz Kivela Poleski

Banks Garcia Kosowski Potvin

Barrett Garrett LaFontaine Price

Bizon Gay-Dagnogo Lane Pscholka

Brinks Geiss Lauwers Rendon

Brunner Glardon LaVoy Roberts, B.

Bumstead Glenn Leonard Roberts, S.

Byrd Goike Leutheuser Runestad

Callton Graves Liberati Rutledge

Canfield Greig Love Santana

Chang Greimel Lucido Schor

Chatfield Guerra Lyons Sheppard

Chirkun Heise Maturen Singh

Clemente Hoadley McBroom Smiley

Cochran Hooker McCready Somerville

Cole Hovey-Wright Miller, A. Talabi

Cotter Howrylak Moss Tedder

Cox Hughes Muxlow Theis

Crawford Iden Neeley Townsend

Darany Inman Nesbitt Vaupel

Dianda Irwin Outman VerHeulen

Driskell Jacobsen Pagan Victory

Durhal Jenkins Pagel Webber

Faris Johnson Pettalia Wittenberg

Farrington Kelly Phelps Yonker

Forlini Kesto Plawecki Zemke

Nays—2

Robinson Yanez

In The Chair: Cox

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.

Senate Bill No. 503, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 3, 7, 13, 15, and 25 of chapter XIIB (MCL 712B.3, 712B.7, 712B.13, 712B.15, and 712B.25), as added by 2012 PA 565.

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

Roll Call No. 37 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 Moss Talabi

Cole Howrylak Muxlow Tedder

Cotter Hughes Neeley Theis

Cox Iden Nesbitt Townsend

Crawford Inman Outman Vaupel

Darany Irwin Pagan VerHeulen

Dianda Jacobsen Pagel Victory

Driskell Jenkins Pettalia Webber

Durhal Johnson Phelps Wittenberg

Faris Kelly Plawecki Yanez

Farrington Kesto Poleski Yonker

Forlini Kivela Potvin Zemke

Franz Kosowski

Nays—0

In The Chair: Cox

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 certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and 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.

______

The Speaker Pro Tempore resumed the Chair.

Second Reading of Bills

Senate Bill No. 56, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 304, 555, 821, and 8202 (MCL 600.304, 600.555, 600.821, and 600.8202), sections 304 and 555 as amended by 1996 PA 374, section 821 as amended by 2004 PA 492, and section 8202 as amended by 1996 PA 388.

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

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

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

The motion prevailed.

House Bill No. 4418, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4634, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2012 PA 498.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

______

Rep. Garcia moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

______

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

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 had been reproduced and made available electronically on Tuesday, February 9:

House Bill Nos. 5315 5316 5317 5318 5319 5320 5321 5322 5323 5324 5325 5326 5327 5328

5329 5330

The Clerk announced that the following Senate bills had been received on Wednesday, February 10:

Senate Bill Nos. 292 302 738

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, February 10:

Senate Bill Nos. 776 777 778 779

Reports of Standing Committees

The Committee on Financial Services, by Rep. Forlini, Chair, reported

Senate Bill No. 578, entitled

A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 2, 6, and 13 (MCL 445.1632, 445.1636, and 445.1643), section 2 as amended by 2012 PA 443; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Forlini, Pettalia, Graves, Lucido, Theis, Clemente, Gay-Dagnogo and Love

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Forlini, Chair, of the Committee on Financial Services, was received and read:

Meeting held on: Wednesday, February 10, 2016

Present: Reps. Forlini, Pettalia, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love

Absent: Rep. Callton

Excused: Rep. Callton

The Committee on Agriculture, by Rep. Lauwers, Chair, reported

House Bill No. 5056, entitled

A bill to repeal 1965 PA 280, entitled “An act to provide for licensing and regulating of slaughterhouses, edible rendering establishments and wholesale fabricating, processing or storage establishments of meat; to provide for the antemortem and postmortem inspection and reinspection of slaughtered meat animals; to prescribe the duties and powers of the department of agriculture; to prescribe license fees; to provide for the transfer of personnel and the rights of employees affected by this act; to provide for inspection of large wild game animals; and to provide penalties for violation of the provisions of this act,” (MCL 287.571 to 287.582).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Hughes, Brett Roberts, Sheppard, Vaupel, Brunner, Darany, Talabi, Driskell, LaVoy and Garrett

Nays: None

The Committee on Agriculture, by Rep. Lauwers, Chair, reported

House Bill No. 5059, entitled

A bill to repeal 1962 PA 213, entitled “An act to encourage the raising of started pullets; to provide for the inspection and certification as to the age, condition and health of started pullets; to define certain terms; to provide authority to establish and collect fees; to impose certain responsibilities on the department of agriculture; to grant authority to make rules and regulations to carry out the purpose of this act; and to prescribe penalties for violation thereof,” (MCL 287.171 to 287.175).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Hughes, Brett Roberts, Sheppard, Vaupel, Brunner, Darany, Talabi, Driskell, LaVoy and Garrett

Nays: None

The Committee on Agriculture, by Rep. Lauwers, Chair, reported

House Bill No. 5060, entitled

A bill to repeal 1929 PA 134, entitled “An act to provide for the regulation of the sale of live stock and poultry remedies, defining same; to provide for their licensing and registration, labeling, inspection and analyses; to prohibit the sale of fraudulent or adulterated remedies; to provide for guarantees regarding ingredients; to provide for the collection of license fees from manufacturers of or dealers in these remedies; to provide for penalties for the violation of the provisions of this act; to authorize the expenditure of the funds derived from the license fees, and repeal all acts or parts of acts in conflict,” (MCL 287.141 to 287.150).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Hughes, Brett Roberts, Sheppard, Vaupel, Brunner, Darany, Talabi, Driskell, LaVoy and Garrett

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 10, 2016

Present: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Hughes, Brett Roberts, Sheppard, Vaupel, Brunner, Darany, Talabi, Driskell, LaVoy and Garrett

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 171, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 10, 2016

Present: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd

The Committee on Tourism and Outdoor Recreation, by Rep. Rendon, Chair, reported

House Bill No. 5275, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72115, and 81133 (MCL 324.72101, 324.72115, and 324.81133), section 72101 as amended by 2014 PA 211, section 72115 as amended by 2014 PA 213, and section 81133 as amended by 2014 PA 147, and by adding section 72117; and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Rendon, Goike, Forlini, Pettalia, Cole, Smiley and Gay-Dagnogo

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rendon, Chair, of the Committee on Tourism and Outdoor Recreation, was received and read:

Meeting held on: Wednesday, February 10, 2016

Present: Reps. Rendon, Goike, Forlini, Pettalia, Cole, Smiley, Brinks and Gay-Dagnogo

The Committee on Regulatory Reform, by Rep. Franz, Chair, reported

House Bill No. 5192, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 720 and 728 (MCL 339.720 and 339.728), section 720 as amended by 2010 PA 215 and section 728 as amended by 2014 PA 177.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Franz, Brett Roberts, Yonker, Lauwers, Crawford, Garcia, Iden, Tedder, Dianda, Darany, Lane, Schor and Chirkun

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Franz, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, February 10, 2016

Present: Reps. Franz, Brett Roberts, Yonker, Kesto, Lauwers, Crawford, Garcia, Iden, Tedder, Dianda, Darany, Lane, Schor and Chirkun

Absent: Rep. Moss

Excused: Rep. Moss

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hooker, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Wednesday, February 10, 2016

Present: Reps. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright, Talabi and Liberati

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 10, 2016

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 10, 2016

Present: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Garcia, Inman, Aaron Miller, Santana, Irwin, Sarah Roberts, Banks, Faris, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan

Messages from the Senate

Senate Bill No. 292, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 367 (MCL 18.1367), as amended by 1999 PA 8.

The Senate has passed the bill.

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

Senate Bill No. 302, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 916a.

The Senate has passed the bill.

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

Senate Bill No. 738, entitled

A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2014 PA 545.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Yanez, Cochran, Smiley, Garrett, Greig, Pagan and Lane introduced

House Bill No. 5331, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16105a, 16167, 16169, 16170, 16170a, and 20910 (MCL 333.16105a, 333.16167, 333.16169, 333.16170, 333.16170a, and 333.20910), sections 16105a, 16167, and 16170 as added by 1993 PA 80, sections 16169 and 16170a as amended by 2013 PA 268, and section 20910 as amended by 2006 PA 582.

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

Rep. Barrett introduced

House Bill No. 5332, entitled

A bill to amend 1965 PA 190, entitled “An act to provide for a system of uniformity of service for veterans,” by amending the title and sections 1 and 2 (MCL 35.61 and 35.62), section 1 as amended by 1997 PA 131.

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

Reps. Maturen, Barrett, Kosowski and Lucido introduced

House Bill No. 5333, entitled

A bill to amend 1947 PA 12, entitled “Veterans’ military pay act,” by amending section 2 (MCL 35.922).

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

Reps. Rutledge, Barrett, Lucido and Kosowski introduced

House Bill No. 5334, entitled

A bill to amend 1974 PA 370, entitled “Vietnam veteran era bonus act,” by amending section 2 (MCL 35.1022), as amended by 1980 PA 194.

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

Reps. Glenn and Barrett introduced

House Bill No. 5335, entitled

A bill to amend 1955 PA 8, entitled “Korean veterans’ military pay fund act of 1955,” by amending section 2 (MCL 35.972).

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

Reps. Hughes and Barrett introduced

House Bill No. 5336, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2013 PA 28.

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

Reps. Cox, Barrett, Kosowski and Lucido introduced

House Bill No. 5337, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2012 PA 555.

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

Reps. Vaupel, Barrett, Kosowski and Lucido introduced

House Bill No. 5338, entitled

A bill to amend 1994 PA 39, entitled “Veteran right to employment services act,” by amending section 2 (MCL 35.1092).

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

Reps. Lucido, Barrett and Kosowski introduced

House Bill No. 5339, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5701 (MCL 333.5701), as added by 1987 PA 48.

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

Reps. Bizon, Barrett, Muxlow, Clemente, Lucido and Kosowski introduced

House Bill No. 5340, entitled

A bill to amend 2014 PA 508, entitled “Private employer’s veterans’ preference policy act,” by amending section 1 (MCL 35.1201).

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

Reps. Bizon, Barrett, Muxlow, Clemente, Lucido and Kosowski introduced

House Bill No. 5341, entitled

A bill to amend 1899 PA 214, entitled “An act to provide relief outside of the soldiers’ home for honorably discharged indigent soldiers, sailors, marines, nurses and members of women’s auxiliaries and the indigent wives, widows and minor children of such indigent or deceased soldiers, sailors, marines, nurses and members of women’s auxiliaries, and to repeal certain acts and parts of acts,” by amending section 2 (MCL 35.22).

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

Reps. Theis, Barrett and Lucido introduced

House Bill No. 5342, entitled

A bill to amend 1974 PA 106, entitled “An act to authorize the issuance of general obligation bonds of the state and to pledge the full faith and credit of the state for the payment of principal and interest thereon for a service bonus for certain veterans; to provide for other matters relating to the bonds and the use of the proceeds of sale of the bonds; and to provide for the submission of the question of the issuance of the bonds to the electors of the state,” by amending section 1 (MCL 35.1001).

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

Reps. Kosowski and Barrett introduced

House Bill No. 5343, entitled

A bill to amend 1946 (1st Ex Sess) PA 27, entitled “An act to protect the work and study performed by applicants for license or qualification for any of the trades, occupations or professions before being inducted into the armed forces; to prevent service in the armed forces being considered as a disqualifying interruption of or delay in commencement of any required period of practical experience, apprenticeship, study or training; and to permit boards of examiners and similar boards to equitably evaluate and give credit for training and experience in the armed forces,” by amending section 1 (MCL 35.581).

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

Reps. Sheppard, Barrett and Lucido introduced

House Bill No. 5344, entitled

A bill to amend 1897 PA 205, entitled “An act to prefer honorably discharged members of the armed forces of the United States for public employments,” by amending section 1 (MCL 35.401), as amended by 2008 PA 28.

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

Reps. Inman, Barrett, Lucido and Kosowski introduced

House Bill No. 5345, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 516 (MCL 206.516), as amended by 1987 PA 254.

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

Reps. Chatfield, Barrett, Lucido and Kosowski introduced

House Bill No. 5346, entitled

A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 2a (MCL 36.2a), as added by 2011 PA 283.

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

Reps. Cole, Barrett, Lucido and Kosowski introduced

House Bill No. 5347, entitled

A bill to amend 1921 PA 359, entitled “An act to provide for the issuance of veterans’ licenses without cost to former members of the armed forces of the United States to sell their own goods within this state; and to prescribe remedies,” by amending sections 1 and 2 (MCL 35.441 and 35.442), section 1 as amended by 1989 PA 20 and section 2 as amended by 1996 PA 187.

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

Reps. Leutheuser, Barrett, Kosowski and Lucido introduced

House Bill No. 5348, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1200 (MCL 600.1200), as added by 2012 PA 335.

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

Reps. Brunner, Smiley, Sarah Roberts, Garrett, Kivela, Talabi, Greig, Plawecki, Chang, Clemente and Zemke introduced

House Bill No. 5349, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811qq.

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

Rep. Kosowski introduced

House Bill No. 5350, entitled

A bill to amend 2013 PA 229, entitled “Security freeze act,” by amending section 31 (MCL 445.2541).

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

Rep. Kosowski introduced

House Bill No. 5351, entitled

A bill to create the school security task force; and to prescribe the powers and duties of the school security task force.

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

______

Rep. Yanez moved that the House adjourn.

The motion prevailed, the time being 3:20 p.m.

Associate Speaker Pro Tempore Franz declared the House adjourned until Thursday, February 11, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

164 JOURNAL OF THE HOUSE [February 10, 2016] [No. 13

No. 13] [February 10, 2016] JOURNAL OF THE HOUSE 165

166 JOURNAL OF THE HOUSE [February 10, 2016] [No. 13

No. 13] [February 10, 2016] JOURNAL OF THE HOUSE 167

168 JOURNAL OF THE HOUSE [February 10, 2016] [No. 13

No. 13] [February 10, 2016] JOURNAL OF THE HOUSE 169

170 JOURNAL OF THE HOUSE [February 10, 2016] [No. 13

No. 13] [February 10, 2016] JOURNAL OF THE HOUSE 171

172 JOURNAL OF THE HOUSE [February 10, 2016] [No. 13

No. 13] [February 10, 2016] JOURNAL OF THE HOUSE 173

174 JOURNAL OF THE HOUSE [February 10, 2016] [No. 13

No. 13] [February 10, 2016] JOURNAL OF THE HOUSE 175

176 JOURNAL OF THE HOUSE [February 10, 2016] [No. 13

No. 13] [February 10, 2016] JOURNAL OF THE HOUSE 177

178 JOURNAL OF THE HOUSE [February 10, 2016] [No. 13

No. 13] [February 10, 2016] JOURNAL OF THE HOUSE 179

180