No. 61

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2016

House Chamber, Lansing, Wednesday, September 7, 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 Kosowski—present Price—present

Banks—present Garrett—excused LaFontaine—present Pscholka—present

Barrett—present Gay-Dagnogo—present LaGrand—present Rendon—present

Bizon—present Geiss—present Lane—present Roberts, B.—present

Brinks—present Glardon—present Lauwers—present Roberts, S.—present

Brunner—present Glenn—present LaVoy—present Robinson—present

Bumstead—present Goike—present Leonard—present Runestad—present

Byrd—present Graves—present Leutheuser—present Rutledge—present

Callton—present Greig—present Liberati—present Santana—present

Canfield—present Greimel—present Love—present Schor—present

Chang—present Guerra—present Lucido—present Sheppard—present

Chatfield—present Heise—present Lyons—present Singh—present

Chirkun—present Hoadley—present Maturen—present Smiley—present

Clemente—present Hooker—present McBroom—present Somerville—present

Cochran—present Hovey-Wright—present McCready—present Talabi—present

Cole—present Howell—present Miller, A.—present Tedder—present

Cotter—present Howrylak—present Moss—present Theis—present

Cox—present Hughes—present Muxlow—present Townsend—present

Crawford—present Iden—present Neeley—present Vaupel—present

Darany—present Inman—excused Nesbitt—present VerHeulen—present

Dianda—present Irwin—present Outman—present Victory—present

Driskell—present Jacobsen—present Pagan—present Webber—present

Durhal—present Jenkins—present Pagel—present Whiteford—present

Faris—present Johnson—present Pettalia—present Wittenberg—present

Farrington—present Kelly—present Phelps—present Yanez—present

Forlini—present Kesto—present Poleski—present Yonker—present

Franz—present Kivela—present Potvin—present Zemke—present

e/d/s = entered during session

Pastor Cliff Radtke, Pastor of Galien/Olive Branch Parish in Galien, offered the following invocation:

“Adapted from: For the Nation -Book of Common Prayer -1979 pg. 838

Almighty God, giver of all good things:

We thank You for the natural majesty and beauty of this land.

They restore us, though we often destroy them.

Heal us. We pray

We thank You for the great resources of this nation. They

make us rich, though we often exploit them.

Forgive us. We pray

We thank You for the men and women who have made this

country strong. They are models for us, though we often fall

short of them.

Inspire us. We pray

We thank You for the torch of liberty which has been lit in

this land. It has drawn people from every nation, though we

have often hidden from its light.

Enlighten us. We pray

We thank You for the faith we have inherited in all its rich

variety. It sustains our life, though we have been faithless

again and again.

Renew us. We pray

Help us, O Lord, to finish the good work here begun.

Strengthen our efforts to blot out ignorance and prejudice,

and to abolish poverty and crime. And hasten the day when

all our people, with many voices in one united chorus, will

glorify Your holy Name. Amen.”

______

Rep. Singh moved that Reps. Garrett and Inman be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Farrington and LaVoy offered the following resolution:

House Resolution No. 322.

A resolution to declare July 2016 as Craft Beer Month in the state of Michigan.

Whereas, Michigan craft brewers are a vibrant affirmation and expression of Michigan’s entrepreneurial traditions, operating as community-based small businesses and providing employment for more than 5,000 workers; and

Whereas, Michigan has craft brewers in every region of the state and more than 250 craft brewers statewide; and

Whereas, Michigan ranks 5th in the nation for overall number of breweries, microbreweries, and brewpubs; and

Whereas, The Michigan Brewers Guild celebrates Michigan Craft Beer Month each year by hosting a Summer Festival in July; and

Whereas, Craft brewers in Michigan support state agriculture by purchasing hops, malted barley, wheat, beet sugar, cherries, apples, and numerous other fruits, herbs, and vegetables grown in Michigan; and

Whereas, Michigan craft brewers promote Michigan’s spirit of independence through a renaissance in handcrafted beers like those first brought to Michigan by European settlers and produced here by our forefathers, including Bernhard Stroh, for the enjoyment of the citizenry; and

Whereas, Striving to educate legal drinking-age residents, Michigan craft brewers convey awareness about the differences in beer flavor, aroma, color, alcohol content, body, and other complex variables, beer history, and gastronomic qualities of beer; and

Whereas, Michigan craft brewers champion the message of responsible enjoyment to their customers and work within their communities to prevent alcohol abuse and underage drinking; and

Whereas, Craft brewers in Michigan produce more than 100 distinct styles of flavorful beers, the quality and diversity of which have made Michigan the envy of many states, contributing to balanced trade with increased Michigan exports and promoting Michigan tourism; and

Whereas, Michigan craft brewers have been a successful business model during our state’s economic struggles by contributing more than $144 million in wages with a total economic contribution of more than $600 million, thriving and expanding in furthering their economic importance to the state; and

Whereas, Michigan craft brewers are vested in the future, health, and welfare of their communities as employers providing a diverse array of quality local jobs; as contributors to the local tax base; and as committed sponsors of a broad range of vital community institutions and philanthropic causes, including not-for-profit housing development associations, chambers of commerce, humane societies, athletic teams, and medical research; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare July 2016 as Craft Beer Month in the state of Michigan. We recognize the contributions that Michigan craft brewers have made to the state’s communities, economy, and history; and be it further

Resolved, That we commend Michigan craft brewers for providing jobs, improving the balance of trade, supporting Michigan agriculture, and educating residents about the history and culture of beer while promoting the responsible consumption of beer as a beverage of moderation.

The question being on the adoption of the resolution,

The resolution was adopted.

Rep. Aaron Miller offered the following concurrent resolution:

House Concurrent Resolution No. 25.

A concurrent resolution relative to secondary road patrol funds for counties providing road patrol services to cities and villages.

Whereas, Section 77 of 1846 RS 14, MCL 51.77, provides funding for county secondary road patrol services pursuant to an agreement with the Office of Criminal Justice, which, pursuant to Executive Order No. 1989 – 4, is now the Office of Highway Safety Planning within the Department of State Police. An agreement also provides a maintenance of law enforcement effort standard for counties providing these secondary road patrol services, unless it is recognized that the reduction was due to cuts in general services due to economic conditions; and

Whereas, Section 76 of 1846 RS 14, MCL 51.76, permits road patrol services to be provided by county sheriff departments to cities and villages. This section also provides that a road patrol agreement is void if the city or village reduces the number of sworn law enforcement officers below the highest number employed at any time within the immediately preceding 36 months, unless the Michigan Legislature, by concurrent resolution, recognizes that the reduction was due to cuts in general services due to economic conditions; and

Whereas, Section 77 of 1846 RS 14, MCL 51.77, provides a formula for funding county secondary road patrol services. This formula permits road patrol services provided by county sheriff departments to cities and villages to be eligible for secondary road patrol funding as long as the city or village complies with the MCL 51.76 law enforcement maintenance of effort requirement, unless any reduction is recognized to be due to cuts in general services due to economic conditions; and

Whereas, In all of Michigan’s counties, cities, and villages, general services have been reduced as a result of serious economic difficulties. These reductions in services have occurred in direct reaction to economic conditions; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That, for Fiscal Year 2017, counties, cities, and villages in Michigan have been required to reduce general services because of economic conditions and are not reducing law enforcement services as stipulated in sections 76 or 77 of 1846 RS 14; and be it further

Resolved, That counties, cities, and villages have met the necessary terms of their agreements for road patrol services and secondary road patrol funding as they relate to maintenance of effort.

The concurrent resolution was referred to the Committee on Appropriations.

Reps. Schor and LaVoy offered the following resolution:

House Resolution No. 323.

A resolution to declare September 2016 as Safe Sleep Awareness Month in the state of Michigan.

Whereas, Sudden unexpected infant death (SUID) is the leading cause of death in infants between one month and one year of age; and

Whereas, Most babies that die of SUID appear to be healthy prior to death. The risk factors for sudden unexpected infant death can be mitigated by reducing the baby’s exposure to smoke and unsafe sleep practices; and

Whereas, Many parents are unaware of the dangers of SUID. Babies are needlessly dying because they are put to sleep in environments that are not safe. These include: couches and adult beds, or sleep areas with other children, adults, pets, pillows, blankets, stuffed animals, or other toys; and

Whereas, There are seven simple steps one should take to ensure babies sleep in a safe environment. These steps are: the baby always sleeps alone in a crib; the baby sleeps on his or her back; there is nothing in the baby’s sleep area; the baby’s face is uncovered; there is no smoking around the baby; the baby is not overheated or overdressed; the baby must sleep on a firm mattress with a tight-fitting sheet; and

Whereas, Our state is fortunate to have many public and private partners working together to protect children and ensure infants are safe. The American Academy of Pediatrics and the Michigan Department of Health and Human Services recommend placing infants in a safe sleeping environment to help significantly reduce sudden unexpected death; and

Whereas, Parents should gain a broader understanding of safe sleep practices and the risk factors associated with SUID and share that information with others. A broader understanding of safe sleep practices by parents in the state of Michigan will help prevent the approximately 10 infant deaths out of every 10,000 live births that occur every year; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 2016 as Safe Sleep Awareness Month in the state of Michigan. We aim to promote awareness of safe sleep practices; and be it further

Resolved, That the members of this legislative body support the establishment of a safe sleep education program to promote awareness and education relating to sudden unexpected infant death with the focus on the risk factors and safe sleeping practices for newborns and infants; and be it further

Resolved, That Michigan’s hospitals are encouraged to instruct safe sleep practices to all new parents in order to prevent unsafe sleep environments and reduce infant deaths because of unsafe sleep; and be it further

Resolved, That copies of this resolution be transmitted to Tomorrow’s Child as a token of our thanks for helping raise awareness of safe sleep practices and providing support to families who have lost a baby.

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

Senate Bill No. 93, entitled

A bill to amend 1982 PA 302, entitled “An act to create the Michigan justice training commission and the Michigan justice training fund; to provide the powers and duties of certain state agencies; to provide for the distribution and expenditure of funds; and to provide for the promulgation of rules,” by amending sections 1, 2, 3, 4, 5, 6, 8, and 9 (MCL 18.421, 18.422, 18.423, 18.424, 18.425, 18.426, 18.428, and 18.429), sections 1, 2, 3, 4, 5, and 6 as amended and section 9 as added by 1989 PA 158, and by adding sections 7, 8a, and 10.

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

Roll Call No. 441 Yeas—106

Afendoulis Garcia LaGrand Pscholka

Banks Gay-Dagnogo Lane Rendon

Barrett Geiss Lauwers Roberts, B.

Bizon Glardon LaVoy Roberts, S.

Brinks Glenn Leonard Robinson

Brunner Goike Leutheuser Runestad

Bumstead Graves Liberati Rutledge

Byrd Greig Love Santana

Callton Greimel Lucido Schor

Canfield Guerra Lyons Sheppard

Chang Heise Maturen Singh

Chatfield Hoadley McBroom Smiley

Chirkun Hooker McCready Somerville

Clemente Hovey-Wright Miller, A. Talabi

Cochran Howell Moss Tedder

Cole Howrylak Muxlow Theis

Cotter Hughes Neeley Townsend

Cox Iden Nesbitt Vaupel

Crawford Irwin Outman VerHeulen

Darany Jacobsen Pagan Victory

Dianda Jenkins Pagel Webber

Driskell Johnson Pettalia Whiteford

Durhal Kelly Phelps Wittenberg

Faris Kesto Poleski Yanez

Farrington Kivela Potvin Yonker

Forlini Kosowski Price Zemke

Franz LaFontaine

Nays—0

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.

Senate Bill No. 92, entitled

A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending sections 1, 2, 3, 5, 6, 7, 9, 9a, 9b, 9c, 9d, 10, 11, 12, 13, and 14 (MCL 28.601, 28.602, 28.603, 28.605, 28.606, 28.607, 28.609, 28.609a, 28.609b, 28.609c, 28.609d, 28.610, 28.611, 28.612, 28.613, and 28.614), sections 1, 3, 5, 6, 7, 11, 12, and 14 as amended and sections 9a, 9b, 9c, and 9d as added by 1998 PA 237, section 2 as amended by 2013 PA 170, section 9 as amended by 2005 PA 239, and section 10 as amended by 2010 PA 67; 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. Nesbitt moved to amend the bill as follows:

1. Amend page 32, line 8, after “SECTIONS” by striking out “81(3)” and inserting “81(4)”.

2. Amend page 37, line 7, after “SECTIONS” by striking out “81(3)” and inserting “81(4)”.

3. Amend page 46, line 27, after “SECTIONS” by striking out “81(3)” and inserting “81(4)”.

4. Amend page 54, line 16, after “SECTIONS” by striking out “81(3)” and inserting “81(4)”.

5. Amend page 63, line 4, after “SECTIONS” by striking out “81(3)” and inserting “81(4)”.

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

The question being on the passage of the bill,

Rep. Nesbitt moved to amend the bill as follows:

1. Amend page 11, line 27, after “OFFICER” by striking out the balance of the sentence and inserting a period.

2. Amend page 15, line 5, after “individuals” by striking out the balance of the line through line 21 on page 16 and inserting “~~selected from a list of 6 active voting members of and submitted~~ NOMINATED by the Michigan ~~association~~ ~~of chiefs of police or its successor organization.~~ASSOCIATION OF CHIEFS OF POLICE.

(ii) Three individuals ~~selected from a list of 6 elected sheriffs submitted~~ NOMINATED by the Michigan ~~sheriffs’~~ ~~association or its successor organization.~~SHERIFFS’ ASSOCIATION.

(iii) ONE INDIVIDUAL NOMINATED BY THE PROSECUTING ATTORNEYS ASSOCIATION OF MICHIGAN.

(iv) ONE INDIVIDUAL NOMINATED BY THE CRIMINAL DEFENSE ATTORNEYS OF MICHIGAN.

(v) ONE INDIVIDUAL NOMINATED BY THE MICHIGAN STATE POLICE TROOPERS ASSOCIATION.

(vi) (~~iii~~) One individual ~~selected from a list of 3 names submitted~~ NOMINATED by the Michigan chapter of the ~~fraternal order of the police or its successor organization.~~FRATERNAL ORDER OF POLICE.

(vii) (iv) One individual ~~selected from a list of 3 names submitted~~ NOMINATED by the ~~police officers association~~ POLICE OFFICERS ASSOCIATION of Michigan. ~~or its successor organization.~~

(viii) (v) One individual ~~selected from a list of 3 individuals submitted~~ NOMINATED by ~~the Detroit police officers~~ ~~associations or their successor organizations.~~A POLICE ASSOCIATION NOT OTHERWISE REPRESENTED ON THE COMMISSION REPRESENTING LAW ENFORCEMENT OFFICERS EMPLOYED BY A LAW ENFORCEMENT AGENCY EMPLOYING MORE THAN 10% OF THE POLICE OFFICERS IN THIS STATE.

(ix) ONE INDIVIDUAL NOMINATED BY THE POLICE OFFICERS LABOR COUNCIL OF MICHIGAN.

(x) ONE INDIVIDUAL NOMINATED BY THE MICHIGAN ASSOCIATION OF POLICE.

(xi) ONE INDIVIDUAL NOMINATED BY THE DEPUTY SHERIFF’S ASSOCIATION OF MICHIGAN.

(xii) ONE NON-LAW ENFORCEMENT INDIVIDUAL REPRESENTING THE PUBLIC.

(3) THE TERMS OF THE MEMBERS OF THE COMMISSION WHO WERE PREVIOUSLY APPOINTED BY THE GOVERNOR AND SERVING ON THE COMMISSION ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION EXPIRE ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.

(4) NOT MORE THAN 90 DAYS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, THE GOVERNOR SHALL APPOINT MEMBERS TO THE COMMISSION AS PROVIDED IN SUBSECTION (2)(D).

(5) THE GOVERNOR MAY APPOINT ANY INDIVIDUAL MEETING THE MEMBERSHIP REQUIREMENTS OF THE ORGANIZATIONS LISTED IN SUBSECTION (2)(D)(i) TO (xii) IF THE ORGANIZATION PERMITTED TO NOMINATE AN INDIVIDUAL TO THE COMMISSION FAILS TO PROVIDE A NOMINEE NOT LESS THAN 30 DAYS BEFORE A VACANCY CREATED BY THE EXPIRATION OF A TERM, OR NOT LESS THAN 30 DAYS AFTER THE EFFECTIVE DATE OF ANY OTHER VACANCY.” and renumbering the remaining subsections.

3. Amend page 17, line 4, after “TO” by striking out “(xi)” and inserting “(xii)”.

4. Amend page 17, line 6, after “COMMISSION,” by striking out “5” and inserting “6”.

The motion was seconded and the amendments were 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. 442 Yeas—106

Afendoulis Garcia LaGrand Pscholka

Banks Gay-Dagnogo Lane Rendon

Barrett Geiss Lauwers Roberts, B.

Bizon Glardon LaVoy Roberts, S.

Brinks Glenn Leonard Robinson

Brunner Goike Leutheuser Runestad

Bumstead Graves Liberati Rutledge

Byrd Greig Love Santana

Callton Greimel Lucido Schor

Canfield Guerra Lyons Sheppard

Chang Heise Maturen Singh

Chatfield Hoadley McBroom Smiley

Chirkun Hooker McCready Somerville

Clemente Hovey-Wright Miller, A. Talabi

Cochran Howell Moss Tedder

Cole Howrylak Muxlow Theis

Cotter Hughes Neeley Townsend

Cox Iden Nesbitt Vaupel

Crawford Irwin Outman VerHeulen

Darany Jacobsen Pagan Victory

Dianda Jenkins Pagel Webber

Driskell Johnson Pettalia Whiteford

Durhal Kelly Phelps Wittenberg

Faris Kesto Poleski Yanez

Farrington Kivela Potvin Yonker

Forlini Kosowski Price Zemke

Franz LaFontaine

Nays—0

In The Chair: Cotter

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

“An act to provide for the creation of the commission on law enforcement standards; to prescribe its membership, powers, and duties; to prescribe the reporting responsibilities of certain state and local agencies; to provide for additional costs in criminal cases; to provide for the establishment of the law enforcement officers training fund; and to provide for disbursement of allocations from the law enforcement officers training fund to local agencies of government participating in a police training program,”

The House agreed to the full title.

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

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

Senate Bill No. 94, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2013 PA 223.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Nesbitt moved to amend the bill as follows:

1. Amend page 3, line 26, after “IN” by striking out “EXECUTIVE REORGANIZATION ORDER NO. 2001-2, MCL 28.621” and inserting “SECTION 3 OF THE MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS ACT, 1965 PA 203, MCL 28.603”.

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. 443 Yeas—105

Afendoulis Garcia LaFontaine Price

Banks Gay-Dagnogo LaGrand Pscholka

Barrett Geiss Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Runestad

Bumstead Graves Leutheuser Rutledge

Byrd Greig Liberati Santana

Callton Greimel Love Schor

Canfield Guerra Lucido Sheppard

Chang Heise Lyons Singh

Chatfield Hoadley Maturen Smiley

Chirkun Hooker McBroom Somerville

Clemente Hovey-Wright McCready Talabi

Cochran Howell Miller, A. Tedder

Cole Howrylak Moss Theis

Cotter Hughes Muxlow Townsend

Cox Iden Neeley Vaupel

Crawford Irwin Nesbitt VerHeulen

Darany Jacobsen Outman Victory

Dianda Jenkins Pagan Webber

Driskell Johnson Pagel Whiteford

Durhal Kelly Pettalia Wittenberg

Faris Kesto Phelps Yanez

Farrington Kivela Poleski Yonker

Forlini Kosowski Potvin Zemke

Franz

Nays—1

Robinson

In The Chair: Cotter

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

“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

The House agreed to the full title.

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

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

Senate Bill No. 95, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 181 (MCL 600.181), as amended by 2008 PA 545.

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

Roll Call No. 444 Yeas—106

Afendoulis Garcia LaGrand Pscholka

Banks Gay-Dagnogo Lane Rendon

Barrett Geiss Lauwers Roberts, B.

Bizon Glardon LaVoy Roberts, S.

Brinks Glenn Leonard Robinson

Brunner Goike Leutheuser Runestad

Bumstead Graves Liberati Rutledge

Byrd Greig Love Santana

Callton Greimel Lucido Schor

Canfield Guerra Lyons Sheppard

Chang Heise Maturen Singh

Chatfield Hoadley McBroom Smiley

Chirkun Hooker McCready Somerville

Clemente Hovey-Wright Miller, A. Talabi

Cochran Howell Moss Tedder

Cole Howrylak Muxlow Theis

Cotter Hughes Neeley Townsend

Cox Iden Nesbitt Vaupel

Crawford Irwin Outman VerHeulen

Darany Jacobsen Pagan Victory

Dianda Jenkins Pagel Webber

Driskell Johnson Pettalia Whiteford

Durhal Kelly Phelps Wittenberg

Faris Kesto Poleski Yanez

Farrington Kivela Potvin Yonker

Forlini Kosowski Price Zemke

Franz LaFontaine

Nays—0

In The Chair: Cotter

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

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

The House agreed to the full title.

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

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

Senate Bill No. 96, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter III (MCL 763.11), as added by 2012 PA 479.

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

Roll Call No. 445 Yeas—106

Afendoulis Garcia LaGrand Pscholka

Banks Gay-Dagnogo Lane Rendon

Barrett Geiss Lauwers Roberts, B.

Bizon Glardon LaVoy Roberts, S.

Brinks Glenn Leonard Robinson

Brunner Goike Leutheuser Runestad

Bumstead Graves Liberati Rutledge

Byrd Greig Love Santana

Callton Greimel Lucido Schor

Canfield Guerra Lyons Sheppard

Chang Heise Maturen Singh

Chatfield Hoadley McBroom Smiley

Chirkun Hooker McCready Somerville

Clemente Hovey-Wright Miller, A. Talabi

Cochran Howell Moss Tedder

Cole Howrylak Muxlow Theis

Cotter Hughes Neeley Townsend

Cox Iden Nesbitt Vaupel

Crawford Irwin Outman VerHeulen

Darany Jacobsen Pagan Victory

Dianda Jenkins Pagel Webber

Driskell Johnson Pettalia Whiteford

Durhal Kelly Phelps Wittenberg

Faris Kesto Poleski Yanez

Farrington Kivela Potvin Yonker

Forlini Kosowski Price Zemke

Franz LaFontaine

Nays—0

In The Chair: Cotter

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

“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”

The House agreed to the full title.

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

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

______

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

Messages from the Governor

The following veto message from the Governor was received and read:

Executive Office, Lansing, June 16, 2016

Michigan House of Representatives

Michigan Senate

State Capitol Building

Lansing, Michigan 48913

Ladies and Gentlemen:

Today I am returning Enrolled House Bill 4344 to you without signature. HB 4344 amends the Michigan Motor Vehicle Service and Repair Act (the “Act”) to make a number of updates modernizing the Act that I support. However, it also includes revisions relating to the use of certain aftermarket parts used for automotive repairs. As Michigan continues its comeback and continues to be a leader in promoting new technology in the automotive industry, it is imperative that we ensure all components of that industry can remain strong, including Michigan’s robust aftermarket parts industry. I am concerned about HB 4344’s effect on market competition for replacement parts on motor vehicles.

Specifically, HB 4344 amends the Act to provide that, for the first five years of a vehicle’s original manufacturer’s warranty, automotive repair facilities must make repairs on certain parts with only new or recertified original equipment manufacturer (“OEM”) parts, or parts that have been tested and verified as meeting or exceeding OEM quality by a nationally recognized independent testing agency, unless the vehicle’s owner directs in writing to install an aftermarket part.

On its face, this policy seems to be intended to protect consumers and ensure vehicles are safely repaired. That is a laudable goal. The Insurance Institute for Highway Safety indicates that some structural parts, such as bumpers, do impact a consumer’s safety. However, the Institute also points out that some parts, such as fenders, grilles, door skins, bumper covers, etc. are primarily cosmetic and “are irrelevant to crash safety.” This bill doesn’t sufficiently delineate between the two types of parts, thereby limiting the use of safe, high quality aftermarket parts designed specifically for particular vehicles.

Michigan’s aftermarket auto parts industry is strong because of its competition with OEMs. Indeed, by ensuring robust and open competition between OEM parts and aftermarket parts, consumers see the benefits of safety improvements stemming from that competition. Enacting a law to prohibit mechanics from providing high quality and safe alternatives for customers is an inappropriate impediment on the competition that has resulted in both high quality OEM and aftermarket parts for Michigan drivers to enjoy.

That a customer may sign a waiver permitting a mechanic to install aftermarket parts does not cure this deficiency. In fact, the waiver may stigmatize certain aftermarket parts. What is a customer to think when a mechanic requires a signed waiver in order to install a part—even one directly out of a box from a large reputable Michigan manufacturer? Requiring a signed waiver for these parts is akin to requiring pharmacists to obtain a waiver from patients to provide generic prescription drugs in lieu of more expensive name-brand medication.

Finally, I am concerned that this provision of HB 4344 may negatively affect auto insurance prices in Michigan—prices that are already too high. Requiring OEM parts when a perfectly suitable and safe aftermarket part is available at a lower price will result in higher costs to insurers; higher costs which will be passed on to consumers in the form of increased premiums, deductibles, or both. Those increased costs would be directly attributable to artificially limiting competition by requiring OEM parts when less expensive aftermarket parts are available.

I support much of the modernization of the Act that HB 4344 includes, as well as limiting structural parts that are proven to impact safety. However, I am unable to sign this bill because it overreaches in the limitation of aftermarket parts negatively impacting consumers and creating the potential for negative consequences for Michigan’s automotive industry. Accordingly, I am returning HB 4344 to you without signature.

Sincerely,

Rick Snyder

Governor

The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,

Rep. Nesbitt moved that the bill be re-referred to the Committee on Transportation and Infrastructure.

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Select Committees

The Speaker laid before the House the conference report relative to

House Bill No. 4089, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137.

(The conference report was reported by the conference committee on June 2, 2015.)

(For conference report, see House Journal No. 54 of 2015, p. 925.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 4091, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

(The conference report was reported by the conference committee on May 28, 2015.)

(For conference report, see House Journal No. 53 of 2015, p. 844.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 4093, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

(The conference report was reported by the conference committee on May 28, 2015.)

(For conference report, see House Journal No. 53 of 2015, p. 856.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 4097, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

(The conference report was reported by the conference committee on May 28, 2015.)

(For conference report, see House Journal No. 53 of 2015, p. 869.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 4103, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), section 236 as amended by 2015 PA 5 and section 236a as amended by 2014 PA 196.

(The conference report was reported by the conference committee on May 28, 2015.)

(For conference report, see House Journal No. 53 of 2015, p. 878.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 4105, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

(The conference report was reported by the conference committee on May 28, 2015.)

(For conference report, see House Journal No. 53 of 2015, p. 888.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 4106, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

(The conference report was reported by the conference committee on May 28, 2015.)

(For conference report, see House Journal No. 53 of 2015, p. 894.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 4113, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), section 201 as amended by 2015 PA 5 and section 201a as amended by 2014 PA 196.

(The conference report was reported by the conference committee on May 28, 2015.)

(For conference report, see House Journal No. 53 of 2015, p. 906.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 5256, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.

(The conference report was reported by the conference committee on June 7.)

(For conference report, see House Journal No. 56, p. 1094.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 5263, entitled

A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.

(The conference report was reported by the conference committee on June 7.)

(For conference report, see House Journal No. 56, p. 1105.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 5268, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.

(The conference report was reported by the conference committee on June 7.)

(For conference report, see House Journal No. 56, p. 1115.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 5272, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.

(The conference report was reported by the conference committee on June 7.)

(For conference report, see House Journal No. 56, p. 1125.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 5274, entitled

A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.

(The conference report was reported by the conference committee on June 8.)

(For conference report, see House Journal No. 57, p. 1224.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 5276, entitled

A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain state purposes related thereto for the fiscal year ending September 30, 2017; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

(The conference report was reported by the conference committee on June 7.)

(For conference report, see House Journal No. 56, p. 1142.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 5306, entitled

A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.

(The conference report was reported by the conference committee on June 7.)

(For conference report, see House Journal No. 56, p. 1198.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

The Speaker laid before the House the conference report relative to

House Bill No. 5329, entitled

A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.

(The conference report was reported by the conference committee on June 7.)

(For conference report, see House Journal No. 56, p. 1202.)

The question being on the adoption of the conference report,

Rep. Nesbitt moved that the conference report be re-referred to the Committee on Appropriations.

The motion prevailed.

Third Reading of Bills

House Bill No. 4343, entitled

A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” (MCL 257.1301 to 257.1340) by adding sections 20a and 22a.

(The bill was read a third time and postponed temporarily on February 9, see House Journal No. 12, p. 150.)

The question being on the passage of the bill,

Rep. Nesbitt moved that the bill be re-referred to the Committee on Transportation and Infrastructure.

The motion prevailed.

Second Reading of Bills

Pending the Second Reading of

House Bill No. 4368, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 267 (MCL 18.1267), as amended by 2012 PA 237.

Rep. Nesbitt moved that the bill be re-referred to the Committee on Appropriations.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5420, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145n (MCL 750.145n), as amended by 2004 PA 559.

Rep. Nesbitt moved that the bill be re-referred to the Committee on Criminal Justice.

The motion prevailed.

Pending the Second Reading of

House Bill No. 5382, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 695 (MCL 206.695), as added by 2011 PA 38, and by adding section 51f.

Rep. Nesbitt moved that the bill be re-referred to the Committee on Appropriations.

The motion prevailed.

Pending the Second Reading of

Senate Bill No. 800, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

Rep. Nesbitt moved that the bill be referred to the Committee on Appropriations.

The motion prevailed.

______

Rep. Nesbitt 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 Wednesday, August 3:

House Bill Nos. 5790 5791 5792 5793 5794 5795 5796 5797 5798 5799 5800 5801 5802 5803

5804 5805 5806

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, September 6:

Senate Bill Nos. 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044

1045 1046 1047 1048 1049 1050

The Clerk announced that the following Senate bills had been received on Wednesday, September 7:

Senate Bill Nos. 727 981 995 996 997 998

Reports of Standing Committees

The Committee on Families, Children, and Seniors, by Rep. Hooker, Chair, reported

House Bill No. 5769, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2501, 2640, 2701, 2723, 2882, 5131, 5456, 5474b, 5474b[1], 5656, 5887, 7203, 7411, 7421, 9141, 9701, 10301, 12103, 16204a, 16204d, 16241, 16281, 16315, 16625, 16807, 17015, 17020, 17520, 17745a, 17748c, 17775, 20106, 20115, 20156, 21313, 21332, 21601, 21716, 21766, 21773, 21777, 21799b, 21799c, 22205, and 22207 (MCL 333.2501, 333.2640, 333.2701, 333.2723, 333.2882, 333.5131, 333.5456, 333.5474b, 333.5474b[1], 333.5656, 333.5887, 333.7203, 333.7411, 333.7421, 333.9141, 333.9701, 333.10301, 333.12103, 333.16204a, 333.16204d, 333.16241, 333.16281, 333.16315, 333.16625, 333.16807, 333.17015, 333.17020, 333.17520, 333.17745a, 333.17748c, 333.17775, 333.20106, 333.20115, 333.20156, 333.21313, 333.21332, 333.21601, 333.21716, 333.21766, 333.21773, 333.21777, 333.21799b, 333.21799c, 333.22205, and 333.22207), section 2501 as added by 2006 PA 137, section 2640 as amended and section 16281 as added by 1998 PA 496, section 2701 as amended by 2014 PA 172, section 2723 as amended by 2014 PA 173, section 2882 as amended by 2002 PA 691, section 5131 as amended by 2010 PA 119, section 5456 as amended by 2002 PA 644, section 5474b as added by 2004 PA 432, section 5474b[1] as added by 2004 PA 433, section 5656 as amended by 2001 PA 237, section 5887 as added by 2014 PA 122, section 7203 as amended by 2012 PA 182, section 7411 as amended by 2013 PA 223, section 7421 as added by 2014 PA 311, section 9141 as added by 2004 PA 501, section 9701 as added by 2004 PA 250, section 10301 as added by 2012 PA 179, section 12103 as amended by 2006 PA 260, section 16204a as amended by 2001 PA 234, section 16204d as amended by 2001 PA 241, section 16241 as amended and section 17748c as added by 2014 PA 280, sections 16315 and 17775 as amended by 2013 PA 268, section 16625 as amended by 2005 PA 161, section 16807 as added by 2004 PA 97, sections 17015 and 20115 as amended by 2012 PA 499, sections 17020 and 17520 as added by 2000 PA 29, section 17745a as amended by 1999 PA 190, section 20106 as amended by 2015 PA 104, section 20156 as amended by 2006 PA 195, section 21313 as amended by 2012 PA 51, sections 21332 and 21716 as added and section 21799b as amended by 2000 PA 437, section 21601 as added by 2014 PA 100, section 21766 as amended by 2001 PA 243, section 21773 as amended by 2001 PA 137, section 21777 as amended by 2004 PA 372, section 21799c as amended by 1996 PA 546, and sections 22205 and 22207 as amended by 2002 PA 619.

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

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Hooker, Chair, reported

House Bill No. 5770, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 22, 39, and 68 of chapter X, sections 1 and 20 of chapter XII, and sections 1, 2, 2d, 8, 9, 14, 14a, 14b, 16, 17, 17b, 18, 18f, 18k, 18s, 19a, 19c, and 28 of chapter XIIA (MCL 710.22, 710.39, 710.68, 712.1, 712.20, 712A.1, 712A.2, 712A.2d, 712A.8, 712A.9, 712A.14, 712A.14a, 712A.14b, 712A.16, 712A.17, 712A.17b, 712A.18, 712A.18f, 712A.18k, 712A.18s, 712A.19a, 712A.19c, and 712A.28), section 22 of chapter X as amended by 2004 PA 487, section 39 of chapter X as amended by 2014 PA 119, section 68 of chapter X as amended by 2012 PA 385, section 1 of chapter XII as amended by 2006 PA 488, section 20 of chapter XII as amended by 2003 PA 245, section 1 of chapter XIIA as amended by 2014 PA 533, section 2 of chapter XIIA as amended by 2014 PA 519, sections 2d, 8, 16, and 28 of chapter XIIA as amended by 1998 PA 478, section 14 of chapter XIIA as amended and sections 14a and 14b of chapter XIIA as added by 2012 PA 163, section 17 of chapter XIIA as amended by 1998 PA 474, section 17b of chapter XIIA as amended by 2002 PA 625, section 18 of chapter XIIA as amended by 2011 PA 295, sections 18f, 19a, and 19c of chapter XIIA as amended by 2012 PA 115, section 18k of chapter XIIA as amended by 2014 PA 458, and section 18s of chapter XIIA as added by 2012 PA 541.

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

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Hooker, Chair, reported

House Bill No. 5771, entitled

A bill to amend 1978 PA 260, entitled “An act to revise and codify the laws relating to blind persons and persons with a visual disability; to create a commission; to prescribe its powers and duties and those of other state agencies relative to blind persons; to provide services, education, training, and assistance to blind persons; to regulate concessions operated by blind persons; to transfer powers, duties, functions, and appropriations; and to repeal acts and parts of acts,” by amending section 3 (MCL 393.353); 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. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright, Talabi and Liberati

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Hooker, Chair, reported

House Bill No. 5772, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending the title and sections 1, 1c, 3, 6, 10, 11a, 11b, 12, 13, 14, 14b, 14f, 14g, 14h, 17, 18d, 18e, 19, 20, 24, 25, 32, 35, 36, 37, 38, 41, 43, 43b, 45, 46, 47, 50, 53, 55, 56i, 58, 58b, 58c, 59, 59a, 60, 61, 63a, 66, 66a, 66b, 66e, 66h, 66i, 66j, 67, 68, 68a, 69, 70, 71, 73a, 76, 77, 77a, 80, 83, 84, 85, 86, 90, 100, 105, 105a, 105b, 105c, 105d, 105e, 105f, 106, 106a, 106b, 107, 108, 109, 109c, 109e, 109f, 109g, 109h, 109k, 109l, 111a, 111i, 111k, 111l, 112b, 112c, 112e, 112g, 112i, 112j, 114, 115f, 115o, 115s, 116, and 117c (MCL 400.1, 400.1c, 400.3, 400.6, 400.10, 400.11a, 400.11b, 400.12, 400.13, 400.14, 400.14b, 400.14f, 400.14g, 400.14h, 400.17, 400.18d, 400.18e, 400.19, 400.20, 400.24, 400.25, 400.32, 400.35, 400.36, 400.37, 400.38, 400.41, 400.43, 400.43b, 400.45, 400.46, 400.47, 400.50, 400.53, 400.55, 400.56i, 400.58, 400.58b, 400.58c, 400.59, 400.59a, 400.60, 400.61, 400.63a, 400.66, 400.66a, 400.66b, 400.66e, 400.66h, 400.66i, 400.66j, 400.67, 400.68, 400.68a, 400.69, 400.70, 400.71, 400.73a, 400.76, 400.77, 400.77a, 400.80, 400.83, 400.84, 400.85, 400.86, 400.90, 400.100, 400.105, 400.105a, 400.105b, 400.105c, 400.105d, 400.105e, 400.105f, 400.106, 400.106a, 400.106b, 400.107, 400.108, 400.109, 400.109c, 400.109e, 400.109f, 400.109g, 400.109h, 400.109k, 400.109l, 400.111a, 400.111i, 400.111k, 400.111l, 400.112b, 400.112c, 400.112e, 400.112g, 400.112i, 400.112j, 400.114, 400.115f, 400.115o, 400.115s, 400.116, and 400.117c), the title and sections 14, 66, and 66i as amended and section 66j as added by 1987 PA 266, sections 1, 6, 17, 32, and 45 as amended and sections 14f, 14g, and 63a as added by 1995 PA 223, sections 3 and 10 as amended by 1996 PA 483, section 11a as amended by 1990 PA 122, section 11b as amended by 2012 PA 175, section 14h as added by 2001 PA 280, section 18e as added by 2004 PA 18, section 43b as added by 2002 PA 573, section 55 as amended by 2015 PA 90, section 56i as added by 1997 PA 162, section 58 as amended by 2006 PA 200, section 60 as amended by 1999 PA 194, section 83 as amended by 1985 PA 161, sections 105, 105a, 107, 108, and 109c as amended and sections 105c, 105d, 105e, and 105f as added by 2013 PA 107, section 105b as added by 2007 PA 100, section 106 as amended and section 106b as added by 2014 PA 452, section 106a as amended by 2014 PA 518, section 109 as amended by 2012 PA 48, section 109e as added by 1996 PA 124, section 109f as amended by 2005 PA 84, section 109g as added by 2000 PA 409, section 109h as added by 2004 PA 248, section 109k as added by 2012 PA 375, section 109l as added by 2014 PA 167, section 111a as amended by 2012 PA 472, section 111i as added by 2000 PA 187, section 111k as added by 2004 PA 55, section 111l as added by 2006 PA 286, sections 112b, 112c, and 112e as amended by 2006 PA 674, sections 112g, 112i, and 112j as added by 2007 PA 74, section 115f as amended by 2014 PA 308, section 115o as added and sections 116 and 117c as amended by 1998 PA 516, and section 115s as added by 2002 PA 648, and by adding section 1d; 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. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright, Talabi and Liberati

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Hooker, Chair, reported

House Bill No. 5773, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a, 142, 153, 209b, 241, 498d, 498h, 628, 748a, 778, 919, 922, 924, 938, 946, 1002a, 1004a, 1005f, 1006, 1026, 1032, and 1074 (MCL 330.1100a, 330.1142, 330.1153, 330.1209b, 330.1241, 330.1498d, 330.1498h, 330.1628, 330.1748a, 330.1778, 330.1919, 330.1922, 330.1924, 330.1938, 330.1946, 330.2002a, 330.2004a, 330.2005f, 330.2006, 330.2026, 330.2032, and 330.2074), section 100a as amended by 2012 PA 500, sections 142, 153, 209b, 628, and 946 as amended and sections 241 and 778 as added by 1995 PA 290, sections 498d and 498h as amended and section 1074 as added by 2012 PA 540, section 748a as added by 1998 PA 497, section 919 as added by 1995 PA 17, section 1004a as added and section 1005f as amended by 1993 PA 252, and section 1006 as amended by 2014 PA 72; 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. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright, Talabi and Liberati

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Hooker, Chair, reported

House Bill No. 5774, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending the title and sections 3, 4, 10, 11, and 20 (MCL 400.703, 400.704, 400.710, 400.711, and 400.720), the title as amended by 1992 PA 176, sections 3 and 10 as amended by 2014 PA 450, section 4 as amended by 2013 PA 156, and sections 11 and 20 as amended by 2006 PA 201.

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

Nays: None

The Committee on Families, Children, and Seniors, by Rep. Hooker, Chair, reported

House Bill No. 5775, entitled

A bill to repeal 1984 PA 387, entitled “State food stamp distribution act,” (MCL 400.751 to 400.770).

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

Nays: None

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, September 7, 2016

Present: Reps. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright, Talabi and Liberati: 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, September 6, 2016

Present: Reps. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Phelps, Geiss, Liberati, Neeley and Wittenberg

Absent: Rep. Bizon

Excused: Rep. Bizon

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 7, 2016

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

Absent: Rep. Inman

Excused: Rep. Inman

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, September 7, 2016

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

Absent: Rep. Heise

Excused: Rep. Heise

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, September 7, 2016

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

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, September 7, 2016

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

Absent: Rep. Moss

Excused: Rep. Moss

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 7, 2016

Present: Reps. Nesbitt, Glenn, Jacobsen, LaFontaine, McBroom, Outman, Pettalia, Hughes, Barrett, Cole, Lucido, Maturen, Brett Roberts, Sheppard, Webber, LaVoy, Brunner, Lane, Cochran, Dianda, Kivela and Kosowski

Absent: Reps. Byrd and Garrett

Excused: Reps. Byrd and Garrett

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 7, 2016

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

Absent: Rep. Garrett

Excused: Rep. Garrett

Notices

Pursuant to Rule 41, the Speaker has made the following referral:

House Bill No. 5791 referred to the Committee on Judiciary.

August 9, 2016

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

Pursuant to Executive Order 2016-18, I am appointing Representative Amanda Price to the PreK-12 Literacy Commission within the Michigan Department of Education for a two year term.

Sincerely,

Kevin Cotter

Speaker of the House

99^th District

August 23, 2016

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

Pursuant to Executive Order 2016-14, I am appointing Kathleen Wilbur to the Building the 21^st Century Economy Commission within the Executive Office of the Governor.

Sincerely,

Kevin Cotter

Speaker of the House

99^th District

August 29, 2016

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

Pursuant to MCL 125.2007b, I am nominating the following individuals to the Port Authority Advisory Committee:

• Paul F. Rogers of Alpena

• Chuck Squires of Pigeon

Sincerely,

Kevin Cotter

Speaker of the House

99^th District

Communications from State Officers

The following communication from the Department of State Police was received and read:

August 9, 2016

This report is pursuant to Public Act 429 of 2008 which requires the Michigan State Police to report to the Michigan legislature our department’s assessment of the effectiveness of this act in reducing scrap metal theft and assisting in the investigation and prosecution of scrap metal theft.

Please let me know if there are any questions,

Sgt. Timothy Fitzgerald

Legislative Liaison

Legislative and Legal Resources Section

Office of the Director

Michigan State Police

7150 Harris Drive

Dimondale, MI 48821

Office 517-284-3232

FAX: 517-284-3241

The communication was referred to the Clerk.

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

Notices of Filing

Administrative Rules

August 10, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-002-EQ (Secretary of State Filing #16-08-01) on this date at 3:55 P.M. for the Department of Environmental Quality entitled, “Resource Recovery Commission”.

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

August 10, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-064-LR (Secretary of State Filing #16-08-02) on this date at 3:55 P.M. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety Standards, Part 21. Powered Industrial Trucks”.

August 10, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-065-LR (Secretary of State Filing #16-08-03) on this date at 3:55 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Construction Safety Standards, Part 12. Scaffolds and Scaffold Platforms”.

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

August 10, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-066-LR (Secretary of State Filing #16-08-04) on this date at 3:55 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Construction Safety Standards, Part 25. Concrete Construction”.

August 11, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-081-LR (Secretary of State Filing #16-08-05) on this date at 3:55 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Occupational Health Standards, Part 604. Chromium (VI) in Construction”.

August 11, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-082-LR (Secretary of State Filing #16-08-06) on this date at 3:55 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Occupational Health Standards, Part 315. Chromium (VI) in General Industry”.

August 11, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-089-LR (Secretary of State Filing #16-08-07) on this date at 3:54 P.M. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety Standards, Part 5. Scaffolding”.

August 11, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-004-ED (Secretary of State Filing #16-08-08) on this date at 3:55 P.M. for the Department of Education entitled, “Declaratory Rulings, Promulgation of Rules, and Informational Materials”.

August 31, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-020-TP (Secretary of State Filing #16-08-09) on this date at 3:49 P.M. for the Department of Transportation entitled, “Railroads”.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Rep. Kosowski introduced

House Bill No. 5807, entitled

A bill to establish a teacher shortage prevention program for certain teachers in certain areas; to establish a teacher shortage prevention grant fund and to provide for its administration; and to prescribe certain powers and duties of certain state officers, agencies, and departments.

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

Rep. Lucido introduced

House Bill No. 5808, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 462g (MCL 750.462g), as amended by 2014 PA 329.

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

Rep. Lucido introduced

House Bill No. 5809, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 3 and 11b (MCL 722.113 and 722.121b), section 3 as amended by 2006 PA 206 and section 11b as amended by 2010 PA 86.

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

Rep. Lucido introduced

House Bill No. 5810, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 55, 392a, 404, 534, and 535 (MCL 168.55, 168.392a, 168.404, 168.534, and 168.535), section 55 as amended by 2012 PA 276, section 404 as amended by 1999 PA 218, and section 534 as amended by 1988 PA 116, and by adding sections 72a, 73a, 74a, 74b, 74c, 74d, 74e, 74f, 74g, 282b, 282c, 283a, 284a, 284b, 284c, 284d, 284e, 284f, 284g, 284h, 391a, 392b, 394a, and 395a; and to repeal acts and parts of acts.

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

Rep. Price introduced

House Bill No. 5811, entitled

A bill to amend 1968 PA 317, entitled “An act relating to the conduct of public servants in respect to governmental decisions and contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts,” by amending section 3 (MCL 15.323), as amended by 1997 PA 145.

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

Rep. Howrylak introduced

House Bill No. 5812, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 795c (MCL 168.795c), as amended by 2015 PA 268.

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

Rep. Glardon introduced

House Bill No. 5813, entitled

A bill to amend 1968 PA 296, entitled “An act to prohibit the aiding or abetting of violations of juvenile court orders or to harbor juvenile runaways; and to provide penalties for violation of this act,” by amending section 1 (MCL 722.151).

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

Rep. Glardon introduced

House Bill No. 5814, entitled

A bill to amend 1968 PA 319, entitled “An act to provide a uniform crime reporting system; to provide for the submitting of such report to the department of state police; to require submission of the report by certain police agencies; to require the reporting on wanted persons and stolen vehicles; to require the reporting of information regarding certain persons and unidentified bodies of deceased persons; to prescribe certain powers and duties of law enforcement agencies; and to vest the director of the department of state police with certain authority,” by amending section 8 (MCL 28.258), as amended by 2006 PA 450.

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

Rep. Chang introduced

House Bill No. 5815, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 83 (MCL 791.283).

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

Reps. Iden and Hughes introduced

House Bill No. 5816, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 14, 15, 43, and 75 (MCL 780.764, 780.765, 780.793, and 780.825), as amended by 2000 PA 503.

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

Reps. Hughes and Iden introduced

House Bill No. 5817, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 2, 2a, 31, 31a, 33a, 61, 61a, and 61b (MCL 780.752, 780.752a, 780.781, 780.781a, 780.783a, 780.811, 780.811a, and 780.811b), section 2 as amended by 2014 PA 133, sections 2a, 31a, and 61b as added by 2006 PA 461, section 31 as amended by 2014 PA 134, section 33a as added by 1993 PA 341, section 61 as amended by 2014 PA 130, and section 61a as amended by 2005 PA 184.

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

Rep. Poleski introduced

House Bill No. 5818, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1617 and 3020 (MCL 500.1617 and 500.3020), section 1617 as added by 2002 PA 655 and section 3020 as amended by 2006 PA 106, and by adding section 3009a.

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

Reps. McBroom and Kivela introduced

House Bill No. 5819, entitled

A bill to authorize the department of natural resources to convey property in Menominee County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

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

Rep. Lucido introduced

House Bill No. 5820, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 57y and 57z (MCL 400.57y and 400.57z), section 57y as added by 2014 PA 394 and section 57z as added by 2014 PA 395.

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

Reps. Pscholka, Wittenberg, Callton, Afendoulis, Geiss, Poleski, Bumstead, Moss, Lucido, Schor, and Faris introduced

House Bill No. 5821, 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 Government Operations.

Rep. Wittenberg introduced

House Bill No. 5822, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 241c.

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

Reps. Wittenberg, Schor, Moss, Callton, Glenn, Kesto, Afendoulis, Pscholka, Pagan, Greimel, Geiss, LaVoy, Faris, Brinks, Hovey-Wright, and Yanez introduced

House Bill No. 5823, entitled

A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” (MCL 38.1132 to 38.1141) by adding section 13h.

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

Rep. Glardon introduced

House Bill No. 5824, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4w (MCL 205.54w), as amended by 2006 PA 665.

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

Rep. Glardon introduced

House Bill No. 5825, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4s (MCL 205.94s), as amended by 2006 PA 666.

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

Rep. Kesto introduced

House Bill No. 5826, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 5a.

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

Rep. Kosowski introduced

House Bill No. 5827, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 307 and 314 (MCL 257.307 and 257.314), section 307 as amended by 2015 PA 11 and section 314 as amended by 2011 PA 159.

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. 5828, entitled

A bill to amend 1996 IL 1, entitled “Michigan gaming control and revenue act,” (MCL 432.201 to 432.226) by adding section 9e; and to provide for a referendum.

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

Rep. Lucido introduced

House Joint Resolution QQ, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 21 of article V, section 2 of article VI, and sections 3 and 5 of article VIII, to modify the nomination process for lieutenant governor, secretary of state, attorney general, justices of the supreme court, state board of education, Regents of the University of Michigan, Board of Trustees of Michigan State University, and Board of Governors of Wayne State University.

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

Announcements by the Clerk

July 29, 2016

Received from the Auditor General a copy of the:

• Performance audit report on Flint Emergency Expenditures, State of Michigan, July 2016.

August 4, 2016

Received from the Auditor General a copy of the:

• Performance audit report on Commercial Forest Program and Forest Development Fund, Department of Natural Resources, August 2016.

August 10, 2016

Received from the Auditor General a copy of the:

• Preliminary Survey Summary of the Special Operations Division, Michigan Department of State Police, August 2016.

August 23, 2016

Received from the Auditor General a copy of the:

• Performance audit report on Central Reservation System for Recreational Resources, Department of Natural Resources, August 2016.

August 24, 2016

Received from the Auditor General a copy of the:

• Performance audit report on D.J. Jacobetti Home for Veterans, Michigan Veterans Affairs Agency, Department of Military and Veterans Affairs, August 2016.

Gary L. Randall

Clerk of the House

August 4, 2016

Received from the State 911 Committee the 2016 Annual Report to the Michigan Legislature consistent with Section 412 of Public Act 32 of 1986, as amended.

Gary L. Randall

Clerk of the House

Presentation of Petitions

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

August 23, 2016

Petitions for recounting votes cast at the August 2, 2016 primary election for the office of State Representative are filed with the Secretary of State, and copies of these petitions are required to be submitted to your office under section 879 of the Michigan Election Law, 1954 PA 116, MCL 168.879.

The deadline to file a recount petition for any State House District that lies within a single county elapses at 2:53 p.m. on August 24, 2016; a recount petition for a multi-county State House District must be filed by 2:09 p.m. on the same date. Id.

Enclosed please find recount petitions filed with the Secretary of State by Donald Tilley, a candidate for State Representative, 96^th District and Joseph C. Kent, a candidate for State Representative, 46^th District. This office will transmit copies of any additional recount petitions concerning the office of State Representative that are timely filed with the Secretary of State via email to Clerk@house.mi.gov and hard copy at the address indicated above.

August 25, 2016

Enclosed please find two additional recount petitions filed with the Secretary of State by Sean Mullally, a candidate for State Representative, 92nd District and Carla Tinsley-Smith, a candidate for State Representative, 2^nd District. Further, please be advised that all deadlines to file recount petitions for any State House District have now passed.

Sincerely,

Melissa Malerman, Election Law Specialist

Michigan Bureau of Elections

The communications were referred to the Clerk.

August 9, 2016

In accordance with MCL 168.862; 168.879, Petitioner Carla Tinsley-Smith alleges and shows to interested parties for the Wayne County Board of Canvassers and Michigan Department of Elections that:

1. Petitioner was a candidate for the office of State Representative (House District 2) in the primary election held August 2, 2016;

2. Petitioner is informed and believes that possible mistake or fraud has been committed in the counting and return of Absentee and Election Day ballots;

3. Petitioner is informed that defects and/or lack of preparedness for residents voting at East English Preparatory Academy (5020 Cadieux Rd, Detroit, MI) and Golightly Technical Center (900 Dickerson, Detroit, MI) may have resulted in the disenfranchisement of voters

Wherefore: Petitioner requests a manual recount of all Absentee and Election Day ballots within the following Wayne County (City of Detroit) precincts: 4, 5, 6, 7, 8, 9, 10, 12,13, 22, 25, 26, 28, 29, 30, 32, 34, 55, 57, 58, 110, 114.

Dated this 9th day of August 2016.

Carla L. Tinsley-Smith

Petitioner

I, Carla Tinsley-Smith, being first duly sworn, on oath, state that the matters contained in the above petition are known to me to be true except for those allegations stated on information and belief, which I believe to be true.

Carla L. Tinsley-Smith

Petitioner

Subscribed and sworn to before me this 13^th day of August, 2016.

Nannette M Kolasa

Notary Public

(or any other person authorized to administer oaths)

My Commission Expires 11-19-18

Wayne County

Acting in the County of Oakland

August 11, 2016

PETITIONER PETER BORMUTH’S PETITION FOR RECOUNT UNDER MCL 168.879 of P.A. 116 of 1954

Petitioner Peter Bormuth files this Petition for Recount in the 64^th District House of Representatives Primary vote held August 2, 2016. The Board of Canvassers completed their canvass on August 9, 2016. This Petition is filed on August 11, 2016 with the Secretary of State Bureau of Elections and a copy is being filed with the Clerk of the House of Representatives. The recount (by hand) is requested in the County of Jackson, City of Jackson, Ward 1, Precinct 2.

The Petitioner is aggrieved over the possibility of fraud. A 2006 University of Connecticut “Security Assessment of the Diebold Optical Scan Voting Terminal” (Accutvote OS) which tabulates votes on paper ballots found that it was vulnerable to “a devastating array of attacks” including allowing no votes to be cast for a particular candidate, swapping votes for two candidates, and biasing the results by shifting some votes from one candidate to another.” The Optical Scan Terminal voting machines (DieBold/Premire/ES&S) are used in the City of Jackson polling places. There have been multiple past problems with these machines including incorrect total vote counts in Barry County, Michigan.

Peter C. Bormuth

64^thDistrict House Democratic Primary Candidate

142 West Pearl St.

Jackson, MI 49201

(517) 787-8097

earthprayer@hotmail.com

Subscribed and sworn before me, a notary public, on this 11^th day of August, 2016.

Linda Samon

Notary Public

State of Michigan, County of Jackson

Acting in Jackson County

My Commission Expires April 23, 2018

August 18, 2016

Enclosed please find a Petition in connection with Candidate and Petitioner, Joseph C. Kent who is asking for a recount from the State Primary Election held August 2, 2016 regarding the County of Oakland, 46th District Representative for the State Legislature contest.

Also enclosed are our deposit checks in the amount of $1850.

Please feel free to contact me should you have any questions.

Very truly yours,

HONIGMAN MILLER SCHWARTZ AND COHN LLP

John D. Pirich

PETITION FOR RECOUNT

NOW COMES, Petitioner Joseph C. Kent, who resides at 5195 Hosner Road, Oxford Michigan 48370, by and through his attorneys, Honigman Miller Schwartz and Cohn LLP, and pursuant to MCL 168.862, petitions the Oakland County Board of Canvassers for a recount of all votes cast in the County of Oakland, Representative for the State Legislature, 46^th District, State Primary Election held on August 2, 2016.

1. The 37 precincts are listed in Exhibit 1 and attached hereto, as well as any and all absent voter counting board precincts (37). Also attached is a check for $1850 to comply with the requirements of MCL 168.879.

2. Petitioner Joseph C. Kent is aggrieved on account of fraud or mistake in the canvass of the votes by the inspectors of the election, or the returns made by the inspectors, or by the County Canvassing Board.

3. The irregularities, errors, mistakes and fraudulent conduct in the vote place in doubt the certified results of the election.

WHEREFORE, Petitioner Joseph C. Kent respectfully requests that this Board of Canvassers recount all precincts from the County of Oakland, Representative for the State Legislature, 46^th District contest from the State Primary Election held August 2, 2016, including all absent voter counting board precincts, and certify the results based on the recounted tabulations.

Respectfully submitted,

HONIGMAN MILLER SCHWARTZ AND COHN LLP

John D. Pirich

222 N. Washington Square, Ste. 400

Lansing, MI 48933-1800

Phone: (517)377-0712

Email: jpirich@honigman.com

On this 17^thday of August 2016, personally appeared before me, a Notary Public, the above-named Petitioner, Joseph C. Kent, who being first duly sworn, deposes and says that he has read the foregoing Petition for Recount by him subscribed and knows the contents thereof, and that the same is true of his own knowledge and belief, except as to those matters therein stated to be upon information and belief, and as to those matters, he believes them to be true.

Tina M. Campbell, Notary Public

Macomb County, Michigan

My Commission Expires: 4-9-2018

Acting in Oakland County, Michigan

Exhibit 1

OFFICIAL RESULTS

August 2, 2016 Primary Election Last updated 8/10/2016 5:28:53 PM EDT

REPRESENTATIVE IN STATE LEGISLATURE 46TH DISTRICT (Vote For 1)

✔ = Precinct Reporting

Oakland Precinct Detail

Precinct Joe Kent John Reilly WRITE-IN Total

✔ Addison 1 234 109 0 343

✔ Addison 2 256 125 0 381

✔ Addison 3 95 54 0 149

✔ Brandon 1 185 216 0 401

✔ Brandon 2 236 208 0 444

✔ Brandon 3 228 235 1 464

✔ Brandon 4 202 222 0 424

✔ Brandon 5 17 28 0 45

✔ Brandon 6 120 98 0 218

✔ Oakland 1 178 221 1 400

✔ Oakland 2 161 211 1 373

✔ Oakland 3 58 130 2 190

✔ Oakland 5 144 167 0 311

✔ Oakland 6 157 182 0 339

✔ Oakland 8 162 194 1 357

Precinct Joe Kent John Reilly WRITE-IN Total

✔ Orion 1 142 222 0 364

✔ Orion 2 220 244 1 465

✔ Orion 3 232 268 0 500

✔ Orion 4 286 231 1 518

✔ Orion 5 211 255 0 466

✔ Orion 6 350 210 2 562

✔ Orion 7 145 175 1 321

✔ Orion 8 154 148 1 303

✔ Orion 9 158 153 1 312

✔ Orion 10 224 183 0 407

✔ Orion 11 124 146 1 271

✔ Orion 12 216 163 1 380

✔ Orion 13 189 161 0 350

✔ Orion 14 113 201 0 314

✔ Orion 15 102 108 0 210

Precinct Joe Kent John Reilly WRITE-IN Total

✔ Oxford 1 199 171 2 372

✔ Oxford 2 107 102 0 209

✔ Oxford 3 240 268 0 508

✔ Oxford 4 172 223 0 395

✔ Oxford 5 62 124 0 186

✔ Oxford 6 193 163 0 356

✔ Oxford 7 159 141 0 300

Total: 6,431 6,460 17 12,908

August 2, 2016 Primary Election Registered Voters: 934,893 Precincts Partially Reported: 0 of 520

Ballots Cast: 186,618 Precincts Completely Reported: 520 of 520

Voter Turnout: 19.96 % Precincts Percent Reported: 100.00 %

Last updated 8/10/2016 5:28:53 PM EDT

OFFICIAL RESULTS

Summary > Vote type summary

REPRESENTATIVE IN STATE LEGISLATURE 46TH DISTRICT (Vote For 1)

Choice Precinct Absentee Total Percent

Joe Kent 4,161 2,270 6,431 49.82%

John Reilly 4,306 2,154 6,460 50.05%

WRITE-IN 17 0 17 0.13%

August 22, 2016

I, Donald Tilley, the petitioner reside at 617 Green Ave, Bay City, MI, petition Michigan State Board of Canvassers for a recount of the votes case for the 96^th District House at the August 2, 2016 election. I believe that fraud or errors were committed by the precinct election inspectors in their canvass of returns of the votes cast at the above referenced election. An additional explanation of the fraud or error is provided: validity of voting machines and those who signed in.

I request that the following precinct(s) and/or absent voter counting board (AVCB) precinct(s) within the listed jurisdictions be recounted:

Precinct/AVCB Name of Jurisdiction

Number

5-1 Bay City

2 Monitor

My deposit of $250.00 is enclosed.

Signature of Candidate/Voter: Donald Tilley

Subscribed and sworn to before me this 22^nd day of August 2016

Name of Notary: David Foster

County: Ingham

Commission Expires 4-30-2018

August 23, 2016

I hereby petition for a recount of the results of the Democratic primary for the 92^nd District, Michigan House of Representatives. I am alleging that canvass of the votes cast in the Democratic primary is incorrect due to fraud or mistake.

To be recounted: I request that the following precincts be recounted:

A. City of Muskegon Heights, precincts 1, 2, 3 and 4;

B. City of Muskegon, precincts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14

C. Township of Muskegon 1,2,3,4,5,6 and 7

D. City of North Muskegon 1 and 2

Deposit: A deposit of $125.00 per precinct, totaling $3,375, is enclosed.

Dated: August 23, 2016

Sean Mullally

Democratic Candidate for the 92^nd State House Race

850 Victor Street

North Muskegon, MI

Subscribed and sworn before me this 23 day of August, 2016

KRISTIN WILLIAMS

NOTARY PUBLIC - MICHIGAN

NEWAYGO COUNTY

MY COMMISSION EXPIRES: 02/16/2021

ACTING IN MUSKEGON COUNTY

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5494, entitled

A bill to amend 2004 PA 378, entitled “Public body law enforcement agency act,” by amending sections 6 and 7 (MCL 28.586 and 28.587).

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

The House agreed to the full title.

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

House Bill No. 5495, entitled

A bill to amend 2000 PA 246, entitled “Wolf-dog cross act,” by amending section 2 (MCL 287.1002).

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

The House agreed to the full title.

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

House Bill No. 5496, entitled

A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending section 33 (MCL 338.3633), as amended by 2015 PA 183.

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

The House agreed to the full title.

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

House Bill No. 5497, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, and 12a (MCL 28.421, 28.422a, and 28.432a), sections 1 and 12a as amended by 2015 PA 207 and section 2a as amended by 2016 PA 6.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5498, entitled

A bill to amend 2006 PA 563, entitled “An act to restrict the use and disclosure of certain statements made by law enforcement officers,” by amending section 1 (MCL 15.391).

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5499, entitled

A bill to amend 2001 PA 185, entitled “Legislative sergeant at arms police powers act,” by amending section 2 (MCL 4.382).

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

The House agreed to the full title.

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

House Bill No. 5500, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 42 and 726c (MCL 257.42 and 257.726c), as amended by 2012 PA 529.

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

The House agreed to the full title.

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

House Bill No. 5501, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 2 (MCL 287.1102), as amended by 2013 PA 8.

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

The House agreed to the full title.

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

House Bill No. 5503, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1303 (MCL 700.1303), as amended by 2000 PA 54.

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

The House agreed to the full title.

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

Senate Bill No. 727, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1105, 3113, and 6101 (MCL 289.1105, 289.3113, and 289.6101), section 1105 as amended by 2014 PA 516 and section 6101 as amended by 2012 PA 178.

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. 981, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2014 PA 353.

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. 995, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b, 204a, 602b, 643, 643a, and 665 (MCL 257.2b, 257.204a, 257.602b, 257.643, 257.643a, and 257.665), sections 2b and 665 as added and section 602b as amended by 2013 PA 231, section 204a as amended by 2004 PA 362, and by adding sections 40c, 606b, and 665a; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 996, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 665b.

The Senate has passed the bill.

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

Senate Bill No. 997, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b and 601a (MCL 257.2b and 257.601a), section 2b as added by 2013 PA 231 and section 601a as amended by 2011 PA 115, and by adding section 665a.

The Senate has passed the bill.

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

Senate Bill No. 998, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2949b (MCL 600.2949b), as added by 2013 PA 251.

The Senate has passed the bill.

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

______

Rep. Lauwers moved that the House adjourn.

The motion prevailed, the time being 3:30 p.m.

Associate Speaker Pro Tempore Franz declared the House adjourned until Thursday, September 8, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

1748 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1749

1750 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1751

1752 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1753

1754 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1755

1756 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1757

1758 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1759

1760 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1761

1762 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1763

1764 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1765

1766 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1767

1768 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1769

1770 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1771

1772 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1773

1774 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1775

1776 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61

No. 61] [September 7, 2016] JOURNAL OF THE HOUSE 1777

1778 JOURNAL OF THE HOUSE [September 7, 2016] [No. 61