No. 15
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2016
House Chamber, Lansing, Tuesday, February 16, 2016.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present Garcia—present LaFontaine—present Price—present
Banks—present Garrett—present Lane—present Pscholka—present
Barrett—present Gay-Dagnogo—present Lauwers—present Rendon—present
Bizon—present Geiss—present LaVoy—present Roberts, B.—present
Brinks—present Glardon—present Leonard—present Roberts, S.—present
Brunner—present Glenn—present Leutheuser—present Robinson—present
Bumstead—present Goike—present Liberati—present Runestad—present
Byrd—present Graves—present Love—present Rutledge—present
Callton—present Greig—present Lucido—present Santana—present
Canfield—present Greimel—present Lyons—present Schor—present
Chang—present Guerra—present Maturen—present Sheppard—present
Chatfield—present Heise—present McBroom—present Singh—present
Chirkun—present Hoadley—present McCready—present Smiley—present
Clemente—present Hooker—present Miller, A.—present Somerville—present
Cochran—present Hovey-Wright—present 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—excused
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
Rep. Dave Pagel, from the 78th District, offered the following invocation:
“Lord God, we are grateful for the state of Michigan and its residents, whom we are called to serve. We ask for wisdom and discernment as we endeavor to carry out our responsibility.
Today, we ask Your blessings on several of our members who have either lost a loved one or are dealing with family illnesses. We also ask Your blessings on everyone in our state who has been exposed to health dangers, due to lead in their water. Help us to deal with this crisis in a thorough and timely manner. Help us to work together honestly and cooperatively, to set aside negative political realities and to serve well the residents of Michigan.
Thank You for Your abounding grace and for hearing our prayers today. Amen.”
______
The Speaker assumed the Chair.
______
Rep. Nesbitt moved that Rep. Victory be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Hoadley, Faris, Heise, Howrylak, LaVoy, Maturen, Aaron Miller, Price, Schor and Singh offered the following resolution:
House Resolution No. 224.
A resolution to declare February 23-March 1, 2016, as National Eating Disorders Awareness Week in the state of Michigan.
Whereas, Eating disorders are serious conditions that are potentially life-threatening and have a great impact on both a person’s physical and emotional health; and
Whereas, The National Eating Disorders Association works to give support to those dealing with eating disorders and to provide awareness to all citizens to prevent more instances of eating disorders from occurring; and
Whereas, Approximately 30 million Americans will suffer from a serious eating disorder at some point in their life. This includes 20 million women and 10 million men and comprises anorexia nervosa, binge eating disorder, or eating disorder not otherwise specified; and
Whereas, Many more cases go unreported because individuals do not recognize signs and symptoms due to the lack of awareness; and
Whereas, Studies show that in American high schools, at least 30 percent of girls and 16 percent of boys suffer from some type of eating disorder. Anorexia is the third most common chronic illness among adolescents; and
Whereas, The House of Representatives commends the National Eating Disorders Association for bringing awareness about eating disorders to all citizens and the health and mental health care providers who treat individuals battling these disorders; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare February 23-March 1, 2016, as National Eating Disorders Awareness Week in the state of Michigan. We honor the National Eating Disorders Association.
The question being on the adoption of the resolution,
Rep. Hoadley moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution No. 224.
A resolution to declare February 21–27, 2016, as National Eating Disorders Awareness Week in the state of Michigan.
Whereas, Eating disorders are serious conditions that are potentially life-threatening and have a great impact on both a person’s physical and emotional health; and
Whereas, The National Eating Disorders Association works to give support to those dealing with eating disorders and to provide awareness to all citizens to prevent more instances of eating disorders from occurring; and
Whereas, Approximately 30 million Americans will suffer from a serious eating disorder at some point in their life. This includes 20 million women and 10 million men and comprises anorexia nervosa, bulimia nervosa, binge eating disorder, or eating disorder not otherwise specified; and
Whereas, Many more cases go unreported because individuals do not recognize signs and symptoms due to the lack of awareness; and
Whereas, Studies show that over half of teenage girls and nearly one-third of teenage boys use unhealthy weight control measures; and
Whereas, Eating disorders can affect anyone. For example, high-performing, dedicated students may struggle with disordered eating and poor body image, impairing otherwise excellent performance; and
Whereas, The House of Representatives commends the National Eating Disorders Association for bringing awareness about eating disorders to all citizens and the health and mental health care providers who treat individuals battling these disorders; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare February 21–27, 2016, as National Eating Disorders Awareness Week in the state of Michigan. We honor the National Eating Disorders Association.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Glenn, Lucido, Afendoulis, Farrington, Canfield, Poleski, Graves, Hughes, Lane, Glardon, Sheppard, Love, Victory, Lyons, Cole, Hovey-Wright, Garrett, Chang, Faris, Heise, Hooker, Howrylak, Kelly, LaVoy, Maturen, Potvin, Price, Schor and Singh offered the following resolution:
House Resolution No. 225.
A resolution to declare February 2016 as Cancer Prevention Month in the state of Michigan.
Whereas, An estimated 1,685,210 new cases of cancer were diagnosed in the United States in 2015 alone; and
Whereas, Although there is no definitive method for cancer prevention, there are ways to reduce the risk; and
Whereas, Factors that are known to increase the risk of cancer, including cigarette smoking, excessive alcohol consumption, obesity, physical inactivity, poor nutrition, and overexposure to UVA/UVB rays, should be avoided; and
Whereas, It is important to have a heightened awareness of any irregularities or changes in your body so you can alert your physician; and
Whereas, Regular screening examinations from a physician can result in early detection and removal of precancerous growths; and
Whereas, Cancers that can be prevented or detected early by these screenings can account for at least half of all new cancer cases; and
Whereas, Daily lifestyle choices can also have an impact on the likelihood of getting cancer; and
Whereas, The American Institute for Cancer Research recommends a basic three-tier approach consisting of physical activity for at least 30 minutes a day, maintenance of a healthy weight throughout your life, and a healthy diet of limited red meat and no processed meat; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare February 2016 as Cancer Prevention Month in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Third Reading of Bills
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 38 Yeas—76
Afendoulis Garcia LaFontaine Potvin
Barrett Glardon Lauwers Price
Bizon Glenn LaVoy Pscholka
Brunner Goike Leonard Rendon
Bumstead Graves Leutheuser Roberts, B.
Callton Guerra Lucido Robinson
Canfield Heise Lyons Runestad
Chatfield Hooker Maturen Rutledge
Clemente Howrylak McBroom Santana
Cochran Hughes McCready Sheppard
Cole Iden Miller, A. Singh
Cotter Inman Moss Smiley
Cox Jacobsen Muxlow Somerville
Crawford Jenkins Nesbitt Tedder
Dianda Johnson Outman Theis
Driskell Kelly Pagel Vaupel
Farrington Kesto Pettalia VerHeulen
Forlini Kivela Phelps Webber
Franz Kosowski Poleski Yonker
Nays—29
Banks Garrett Irwin Roberts, S.
Brinks Gay-Dagnogo Lane Schor
Byrd Geiss Liberati Talabi
Chang Greig Love Townsend
Chirkun Greimel Neeley Wittenberg
Darany Hoadley Pagan Yanez
Durhal Hovey-Wright Plawecki Zemke
Faris
In The Chair: Cotter
The House agreed to the title of the bill.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker called Associate Speaker Pro Tempore Franz to the Chair.
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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 39 Yeas—88
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 Robinson
Byrd Goike Leutheuser Runestad
Callton Graves Love Rutledge
Canfield Greimel Lucido Santana
Chatfield Heise Lyons Schor
Chirkun Hooker Maturen Sheppard
Clemente Hovey-Wright McBroom Smiley
Cochran Howrylak McCready Somerville
Cole Hughes Miller, A. Talabi
Cotter Iden Muxlow Tedder
Cox Inman Neeley Theis
Crawford Jacobsen Nesbitt Vaupel
Dianda Jenkins Outman VerHeulen
Durhal Johnson Pagel Webber
Farrington Kelly Pettalia Yonker
Forlini Kesto Poleski Zemke
Nays—17
Chang Guerra Moss Singh
Darany Hoadley Pagan Townsend
Driskell Irwin Phelps Wittenberg
Faris Liberati Plawecki Yanez
Greig
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 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2015 PA 174.
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. 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 40 Yeas—97
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 Robinson
Callton Graves Liberati Runestad
Canfield Greig Love Rutledge
Chang Guerra Lucido Sheppard
Chatfield Hoadley Lyons Singh
Chirkun Hooker Maturen Somerville
Clemente Hovey-Wright McBroom Talabi
Cochran Howrylak McCready Tedder
Cole Hughes Moss Theis
Cotter Iden Muxlow Townsend
Cox Inman Neeley Vaupel
Crawford Irwin Nesbitt VerHeulen
Darany Jacobsen Outman Webber
Dianda Jenkins Pagan Wittenberg
Durhal Johnson Pagel Yanez
Faris Kelly Pettalia Yonker
Farrington Kesto Phelps Zemke
Forlini
Nays—6
Driskell Miller, A. Schor Smiley
Greimel Santana
In The Chair: Franz
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Heise, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 40 because of a possible conflict of interest.”
Rep. Plawecki, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 40 because of a possible conflict of interest.”
Second Reading of Bills
House Bill No. 4423, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 627 (MCL 257.627), as amended by 2012 PA 252; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Transportation and Infrastructure,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Jacobsen moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4424, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 627a and 633 (MCL 257.627a and 257.633), section 627a as amended by 2005 PA 88.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Transportation and Infrastructure,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Jacobsen moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4425, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 628 (MCL 257.628), as amended by 2006 PA 85.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Transportation and Infrastructure,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Outman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4426, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 320a, 606, 608, 609, and 610 (MCL 257.320a, 257.606, 257.608, 257.609, and 257.610), section 320a as amended by 2012 PA 592 and section 606 as amended by 1980 PA 518.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Transportation and Infrastructure,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Kivela moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4427, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2103 (MCL 500.2103), as amended by 2002 PA 492.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation and Infrastructure,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Smiley 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.
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 Thursday, February 11:
House Bill Nos. 5352 5353 5354 5355 5356
Senate Bill Nos. 780 781
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, February 11, for his approval of the following bills:
Enrolled House Bill No. 4854 at 2:14 p.m.
Enrolled House Bill No. 4455 at 2:16 p.m.
Enrolled House Bill No. 4853 at 2:18 p.m.
The Clerk announced that the following Senate bills had been received on Tuesday, February 16:
Senate Bill Nos. 599 600 601 602 603 604 737
Reports of Standing Committees
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4947, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 1, 3, and 11 of chapter XIIA (MCL 712A.1, 712A.3, and 712A.11), section 1 as amended by 2014 PA 533 and sections 3 and 11 as amended by 1996 PA 409.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4948, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 27 of chapter IV (MCL 764.27), as amended by 1996 PA 418.
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. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4949, entitled
A bill to amend 1988 PA 13, entitled “Juvenile diversion act,” by amending sections 2 and 8 (MCL 722.822 and 722.828), section 2 as amended by 1996 PA 415.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4950, entitled
A bill to amend 1974 PA 150, entitled “Youth rehabilitation services act,” by amending section 2 (MCL 803.302), as amended by 1998 PA 517.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4951, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 1060a (MCL 330.2060a), as added by 2012 PA 540.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4952, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15b of chapter IV (MCL 764.15b), as amended by 2001 PA 209.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4953, entitled
A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 3 (MCL 780.983).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4954, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter II (MCL 762.11), as amended by 2015 PA 31.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4955, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter IX (MCL 769.1), as amended by 1999 PA 87.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4956, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 4 of chapter XIIA (MCL 712A.4), as amended by 1996 PA 409.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4957, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 14, 15, 16, 18, 18i, and 18k of chapter XIIA (MCL 712A.14, 712A.15, 712A.16, 712A.18, 712A.18i, and 712A.18k), section 14 as amended by 2012 PA 163, section 15 as amended by 1998 PA 474, section 16 as amended by 1998 PA 478, section 18 as amended by 2011 PA 295, section 18i as added by 1996 PA 244, and section 18k as amended by 2014 PA 458.
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. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4958, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 27a of chapter IV (MCL 764.27a), as amended by 1996 PA 254.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4959, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 139 (MCL 750.139), as amended by 1998 PA 510.
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. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4960, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IV and section 14 of chapter VI (MCL 764.1f and 766.14), as amended by 1998 PA 520.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4961, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 606 (MCL 600.606), as amended by 1996 PA 260.
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. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4962, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 2 and 2d of chapter XIIA (MCL 712A.2 and 712A.2d), section 2 as amended by 2014 PA 519 and section 2d as amended by 1998 PA 478.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4963, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 1m to chapter IX.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4965, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 14a.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4966, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 64a.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read:
Meeting held on: Tuesday, February 16, 2016
Present: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
The Committee on Health Policy, by Rep. Callton, Chair, reported
Senate Bill No. 644, entitled
A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as added by 2010 PA 331.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Phelps, Geiss, Liberati and Wittenberg
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Callton, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, February 16, 2016
Present: Reps. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Phelps, Geiss, Liberati, Neeley and Wittenberg
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
House Bill No. 4874, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4a.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Pettalia, Glardon, Farrington, Goike, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Smiley, Cochran, Dianda and Neeley
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
House Bill No. 5250, entitled
A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 5 (MCL 28.305).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Smiley, Cochran, Dianda and Neeley
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
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.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Smiley, Cochran, Dianda and Neeley
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Pettalia, Chair, of the Committee on Transportation and Infrastructure, was received and read:
Meeting held on: Tuesday, February 16, 2016
Present: Reps. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Smiley, Cochran, Dianda and Neeley
Absent: Rep. Rutledge
Excused: Rep. Rutledge
The Committee on Judiciary, by Rep. Kesto, Chair, reported
House Bill No. 4436, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 323 (MCL 257.323), as amended by 2001 PA 159.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra
Nays: None
The Committee on Judiciary, by Rep. Kesto, Chair, reported
Senate Bill No. 471, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8134 (MCL 600.8134), as amended by 2014 PA 60.
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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Irwin, Robinson, Chang and Guerra
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kesto, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, February 16, 2016
Present: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra
Messages from the Senate
Senate Bill No. 599, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2567 (MCL 600.2567), as amended by 2004 PA 538.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Senate Bill No. 600, entitled
A bill to amend 1937 PA 146, entitled “An act to establish, protect and enforce by lien the rights of laborers, contractors, sub-contractors and material men and other persons furnishing labor, tools, or materials, or other things of value, for the drilling, boring, torpedoing, acidizing, completing, operating or repairing of any oil or gas well, or the constructing or repairing of any oil or gas pipe line, oil or gas derrick, or oil tank,” by amending section 4 (MCL 570.254).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Senate Bill No. 601, entitled
A bill to amend 1983 PA 102, entitled “Uniform federal lien registration act,” by amending section 6 (MCL 211.666).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Senate Bill No. 602, entitled
A bill to amend 1968 PA 203, entitled “State tax lien registration act,” by amending section 5 (MCL 211.685).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Senate Bill No. 603, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 15 (MCL 421.15), as amended by 2011 PA 269.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Senate Bill No. 604, entitled
A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending section 9525 (MCL 440.9525), as amended by 2004 PA 212.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Senate Bill No. 737, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 25 (MCL 205.25), as amended by 2002 PA 657.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Introduction of Bills
Rep. Lucido introduced
House Bill No. 5357, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 12a (MCL 28.432a), as amended by 2015 PA 207.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Lucido introduced
House Bill No. 5358, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 227 (MCL 750.227), as amended by 1986 PA 8; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Poleski introduced
House Bill No. 5359, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3240 (MCL 600.3240), as amended by 2014 PA 431.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Heise introduced
House Bill No. 5360, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2558 (MCL 600.2558), as amended by 2002 PA 429.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Hovey-Wright, Brinks, Plawecki, Chang, Singh, Zemke, LaVoy, Rutledge, Greig, Faris, Gay-Dagnogo, Byrd, Banks, Darany, Potvin and Pagel introduced
House Bill No. 5361, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 9215 (MCL 333.9215).
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Brinks, Hovey-Wright, Plawecki, Chang, Singh, Zemke, LaVoy, Rutledge, Greig, Faris, Gay-Dagnogo, Byrd, Banks, Darany, Liberati, Potvin and Pagel introduced
House Bill No. 5362, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177 (MCL 380.1177), as amended by 2013 PA 121.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Brinks, Hovey-Wright, Plawecki, Chang, Singh, Zemke, LaVoy, Rutledge, Greig, Faris, Gay-Dagnogo, Byrd, Banks, Darany, Liberati, Potvin and Pagel introduced
House Bill No. 5363, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177 (MCL 380.1177), as amended by 2013 PA 121.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Brinks, Hovey-Wright, Plawecki, Chang, Singh, Zemke, LaVoy, Rutledge, Greig, Faris, Gay-Dagnogo, Byrd, Banks, Darany, Liberati, Potvin and Pagel introduced
House Bill No. 5364, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 9208 (MCL 333.9208), as amended by 2013 PA 120.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Hovey-Wright, Brinks, Plawecki, Chang, Singh, Zemke, LaVoy, Rutledge, Greig, Faris, Gay-Dagnogo, Byrd, Banks, Liberati, Potvin and Pagel introduced
House Bill No. 5365, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 5116 and 9228.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Sarah Roberts, Irwin, Cochran, Hovey-Wright, Darany, Chang, Greig, Plawecki, Townsend, Moss, Faris, Pagan, Love, Wittenberg, Hoadley, Geiss and Zemke introduced
House Bill No. 5366, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 61505b.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Reps. Irwin, Sarah Roberts, Hovey-Wright, Chang, Greig, Plawecki, Hoadley, Townsend, Moss, LaVoy, Schor, Geiss, Phelps, Singh, Wittenberg and Zemke introduced
House Bill No. 5367, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 61531, 61532, 61533, and 61534.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Reps. Cochran, Sarah Roberts, Hovey-Wright, Irwin, Darany, Chang, Greig, Plawecki, Townsend, Moss, Wittenberg, Schor, Geiss, LaVoy, Faris, Pagan, Phelps and Zemke introduced
House Bill No. 5368, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 61528.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Reps. Greig, Sarah Roberts, Irwin, Cochran, Darany, Chang, Plawecki, Townsend, Moss, Pagan, Schor, Geiss, LaVoy, Singh, Faris, Wittenberg, Phelps and Zemke introduced
House Bill No. 5369, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 61506b (MCL 324.61506b), as added by 1998 PA 303.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Reps. Plawecki, Sarah Roberts, Irwin, Cochran, Hovey-Wright, Darany, Chang, Townsend, Moss, Pagan, Schor, Geiss, LaVoy, Singh, Wittenberg, Hoadley and Zemke introduced
House Bill No. 5370, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 20126b.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Reps. Sarah Roberts, Irwin, Cochran, Hovey-Wright, Darany, Chang, Greig, Plawecki, Townsend, Moss, Pagan, Schor, LaVoy, Singh, Faris, Wittenberg, Hoadley, Geiss and Zemke introduced
House Bill No. 5371, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301 and 61525 (MCL 324.1301 and 324.61525), section 1301 as amended by 2014 PA 215 and section 61525 as amended by 2004 PA 325.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Reps. Chang, Sarah Roberts, Irwin, Cochran, Hovey-Wright, Darany, Greig, Plawecki, Townsend, Moss, Schor, Geiss, LaVoy, Phelps, Faris, Pagan, Wittenberg, Hoadley and Zemke introduced
House Bill No. 5372, entitled
A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending sections 102 and 205 (MCL 125.3102 and 125.3205), section 102 as amended by 2008 PA 12 and section 205 as amended by 2012 PA 389.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Reps. Hovey-Wright, Sarah Roberts, Irwin, Cochran, Darany, Chang, Greig, Plawecki, Townsend, Moss, Schor, LaVoy, Faris, Pagan, Heise, Wittenberg, Hoadley, Geiss, Phelps and Zemke introduced
House Bill No. 5373, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 32706a and 32727 (MCL 324.32706a and 324.32727), section 32706a as added by 2008 PA 185 and section 32727 as amended by 2008 PA 183.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Rep. Chatfield introduced
House Bill No. 5374, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16611 (MCL 333.16611), as amended by 2004 PA 30.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Chatfield introduced
House Bill No. 5375, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2014 PA 501.
The bill was read a first time by its title and referred to the Committee on Local Government.
Reps. Glenn, Cole, Dianda, Barrett, Chatfield, Lucido, Hooker, Runestad, Kelly, Aaron Miller, Rutledge, Outman, LaFontaine, Brunner, Jenkins, Bumstead, Hughes, Talabi, Glardon, Franz, Cox, Rendon, Phelps, Theis, LaVoy, Kosowski and Santana introduced
House Bill No. 5376, entitled
A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 251 (MCL 32.651), as amended by 2008 PA 305, and by adding section 338.
The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs.
Reps. Bumstead and Pscholka introduced
House Bill No. 5377, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2016; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
______
Rep. Webber moved that the House adjourn.
The motion prevailed, the time being 3:45 p.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Wednesday, February 17, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
190 JOURNAL OF THE HOUSE [February 16, 2016] [No. 15
No. 15] [February 16, 2016] JOURNAL OF THE HOUSE 191
192 JOURNAL OF THE HOUSE [February 16, 2016] [No. 15
No. 15] [February 16, 2016] JOURNAL OF THE HOUSE 193
194 JOURNAL OF THE HOUSE [February 16, 2016] [No. 15
No. 15] [February 16, 2016] JOURNAL OF THE HOUSE 195
196 JOURNAL OF THE HOUSE [February 16, 2016] [No. 15
No. 15] [February 16, 2016] JOURNAL OF THE HOUSE 197
198 JOURNAL OF THE HOUSE [February 16, 2016] [No. 15
No. 15] [February 16, 2016] JOURNAL OF THE HOUSE 199
200 JOURNAL OF THE HOUSE [February 16, 2016] [No. 15
No. 15] [February 16, 2016] JOURNAL OF THE HOUSE 201
202 JOURNAL OF THE HOUSE [February 16, 2016] [No. 15
No. 15] [February 16, 2016] JOURNAL OF THE HOUSE 203
204 JOURNAL OF THE HOUSE [February 16, 2016] [No. 15
No. 15] [February 16, 2016] JOURNAL OF THE HOUSE 205
206 JOURNAL OF THE HOUSE [February 16, 2016] [No. 15