No. 4

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2016

House Chamber, Lansing, Wednesday, January 20, 2016.

1:30 p.m.

The House was called to order by the Speaker.

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

Afendoulis—present Garcia—present LaFontaine—present Price—present

Banks—present Garrett—present Lane—present Pscholka—present

Barrett—present Gay-Dagnogo—excused Lauwers—present Rendon—present

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

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

Brunner—present Glenn—present Leutheuser—present Robinson—present

Bumstead—present Goike—present Liberati—present Runestad—present

Byrd—present Graves—present Love—present Rutledge—present

Callton—present Greig—present Lucido—present Santana—present

Canfield—present Greimel—present Lyons—present Schor—present

Chang—present Guerra—present Maturen—present Sheppard—present

Chatfield—present Heise—present McBroom—present Singh—present

Chirkun—present Hoadley—present McCready—present Smiley—present

Clemente—present Hooker—present Miller, A.—present Somerville—present

Cochran—present Hovey-Wright—present Miller, D.—present Talabi—present

Cole—present Howrylak—present Moss—present Tedder—present

Cotter—present Hughes—present Muxlow—present Theis—present

Cox—present Iden—present Neeley—present Townsend—present

Crawford—present Inman—present Nesbitt—present Vaupel—present

Darany—present Irwin—present Outman—present VerHeulen—present

Dianda—present Jacobsen—present Pagan—present Victory—present

Driskell—present Jenkins—present Pagel—present Webber—present

Durhal—present Johnson—present Pettalia—present Wittenberg—present

Faris—present Kelly—present Phelps—present Yanez—present

Farrington—present Kesto—present Plawecki—present Yonker—present

Forlini—present Kivela—present Poleski—present Zemke—present

Franz—present Kosowski—present Potvin—present

e/d/s = entered during session

Rep. Pam Faris, from the 48th District, offered the following invocation:

“Lord, thank You for all of Your blessings, for living in a beautiful state, for our family, for our friends, for our coworkers and for those we do not necessarily appreciate as much as others. Each of them teach us something new each day.

Thank You for allowing us to be stewards of this beautiful state. It teaches us that we must take care of it and leave it in better condition than we found it so that our children, grandchildren and others can appreciate its beauty.

Thank You for our families who teach us that there is no love deeper than what we have for our spouses, children, significant others, parents and grandparents. Each family member has something special to offer us that makes us who we are today.

Thank You for our friends who teach us compassion, empathy, friendship, sacrifice and companionship so we may grow into the kind of person we ourselves want to be friends with.

Thank You for our coworkers who strive to do what is right for their constituents. They teach us that there is at least two or three sides to each issue and that if we work together Michigan citizens will be stronger for it.

Thank You for those who challenge us the most. They sometimes make us think in new and different ways and can introduce us to other ideas. Help all of us to keep our minds open to these challenges.

Finally let us each remember to say a special prayer for the people of Flint each time we pray.”

______

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

______

Rep. Derek Miller moved that Rep. Gay-Dagnogo be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Tedder, Crawford, Heise, Hooker, Hovey-Wright, Hughes, LaVoy, Poleski, Potvin and Schor offered the following resolution:

House Resolution No. 203.

A resolution to declare January 2016 as School Board Recognition Month in the state of Michigan.

Whereas, Section 2 of Article VIII of Michigan’s Constitution of 1963 establishes that maintaining and supporting public education for Michigan’s youth is a basic duty of state government; and

Whereas, Michigan’s institutions of public education are the foundations on which we prosper economically, socially, and intellectually; and

Whereas, The elected school board members are public servants who lead their school districts and communities and maintain excellence in education and instruction throughout the state; and

Whereas, School board members must be visionaries who are dedicated to our students and our state’s future. They must be designers of structures that create achievement and stewards of the public’s trust that utilize shared resources in such a way as to maximize each investment; and

Whereas, School board members are some of the strongest advocates for quality education and have established themselves as integral in the creation of public policy targeted at getting positive results; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 2016 as School Board Recognition Month in the state of Michigan. We urge all citizens to observe this momentous occasion.

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4459, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2013 PA 27.

(The bill was received from the Senate on January 14, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until January 19, see House Journal No. 2, p. 25.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 5 Yeas—106

Afendoulis Garcia Lane Price

Banks Garrett Lauwers Pscholka

Barrett Geiss LaVoy Rendon

Bizon Glardon Leonard Roberts, B.

Brinks Glenn Leutheuser Roberts, S.

Brunner Goike Liberati Robinson

Bumstead Graves Love Runestad

Byrd Greig Lucido Rutledge

Callton Greimel Lyons Santana

Canfield Guerra Maturen Schor

Chang Heise McBroom Sheppard

Chatfield Hoadley McCready Singh

Chirkun Hooker Miller, A. Smiley

Clemente Hovey-Wright Miller, D. Somerville

Cochran Howrylak Moss Talabi

Cole Hughes Muxlow Tedder

Cotter Iden Neeley Theis

Cox Inman Nesbitt Townsend

Crawford Irwin Outman Vaupel

Darany Jacobsen Pagan VerHeulen

Dianda Jenkins Pagel Victory

Driskell Johnson Pettalia Webber

Durhal Kelly Phelps Wittenberg

Faris Kesto Plawecki Yanez

Farrington Kivela Poleski Yonker

Forlini Kosowski Potvin Zemke

Franz LaFontaine

Nays—0

In The Chair: Cox

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

The Speaker laid before the House

House Bill No. 4460, entitled

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

(The bill was received from the Senate on January 14, with substitute (S-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until January 19, see House Journal No. 2, p. 25.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 6 Yeas—106

Afendoulis Garcia Lane Price

Banks Garrett Lauwers Pscholka

Barrett Geiss LaVoy Rendon

Bizon Glardon Leonard Roberts, B.

Brinks Glenn Leutheuser Roberts, S.

Brunner Goike Liberati Robinson

Bumstead Graves Love Runestad

Byrd Greig Lucido Rutledge

Callton Greimel Lyons Santana

Canfield Guerra Maturen Schor

Chang Heise McBroom Sheppard

Chatfield Hoadley McCready Singh

Chirkun Hooker Miller, A. Smiley

Clemente Hovey-Wright Miller, D. Somerville

Cochran Howrylak Moss Talabi

Cole Hughes Muxlow Tedder

Cotter Iden Neeley Theis

Cox Inman Nesbitt Townsend

Crawford Irwin Outman Vaupel

Darany Jacobsen Pagan VerHeulen

Dianda Jenkins Pagel Victory

Driskell Johnson Pettalia Webber

Durhal Kelly Phelps Wittenberg

Faris Kesto Plawecki Yanez

Farrington Kivela Poleski Yonker

Forlini Kosowski Potvin Zemke

Franz LaFontaine

Nays—0

In The Chair: Cox

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

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

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

The speaker laid before the House

House Concurrent Resolution No. 7.

A concurrent resolution to urge the United States Department of Veterans Affairs and the United States Congress to create a pilot program in Michigan instituting a flexible Veterans Choice Card system structured similar to a traditional health care program for all veterans in Michigan.

(For text of concurrent resolution, see House Journal No. 33 of 2015, p. 420.)

(The concurrent resolution was received from the Senate on January 14, with substitute (S-1) made by the Senate.)

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

The substitute (S-1) was concurred in.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 5147, entitled

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

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. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente and Love

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, January 20, 2016

Present: Reps. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente and Love

Absent: Rep. Gay-Dagnogo

Excused: Rep. Gay-Dagnogo

The Committee on Appropriations, by Rep. Pscholka, Chair, reported

House Bill No. 5220, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

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

Nays: None

The Committee on Appropriations, by Rep. Pscholka, Chair, reported

Senate Bill No. 279, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 71 (MCL 38.1371), as amended by 1996 PA 268.

With the recommendation that the bill be referred to the Committee on Commerce and Trade.

Favorable Roll Call

To Report Out:

Nays: Reps. Irwin, Sarah Roberts, Hoadley and Pagan

The recommendation was concurred in and the bill was referred to the Committee on Commerce and Trade.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, January 20, 2016

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

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, January 20, 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. Lyons, Chair, of the Committee on Elections, was received and read:

Meeting held on: Wednesday, January 20, 2016

Present: Reps. Lyons, Leutheuser, Heise, Jacobsen, Driskell, Irwin and Hoadley

Absent: Rep. Kesto

Excused: Rep. Kesto

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, January 20, 2016

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

Absent: Rep. Driskell

Excused: Rep. Driskell

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, January 20, 2016

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

Absent: Rep. Kesto

Excused: Rep. Kesto

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, January 20, 2016

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

Absent: Rep. Gay-Dagnogo

Excused: Rep. Gay-Dagnogo

______

The Speaker Pro Tempore assumed the Chair.

Third Reading of Bills

House Bill No. 4187, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 377d.

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

Roll Call No. 7 Yeas—88

Afendoulis Garcia LaVoy Pscholka

Banks Garrett Leonard Rendon

Bizon Geiss Leutheuser Roberts, S.

Brinks Glardon Liberati Runestad

Brunner Glenn Love Rutledge

Byrd Graves Lucido Santana

Callton Greig Lyons Schor

Canfield Greimel Maturen Sheppard

Chang Guerra McBroom Singh

Chirkun Heise McCready Smiley

Clemente Hovey-Wright Miller, D. Somerville

Cochran Hughes Moss Talabi

Cotter Iden Muxlow Tedder

Cox Inman Neeley Theis

Crawford Jenkins Nesbitt Townsend

Darany Johnson Outman Vaupel

Dianda Kesto Pagel VerHeulen

Driskell Kivela Phelps Victory

Durhal Kosowski Plawecki Webber

Faris LaFontaine Poleski Wittenberg

Farrington Lane Potvin Yanez

Forlini Lauwers Price Zemke

Nays—18

Barrett Goike Jacobsen Pettalia

Bumstead Hoadley Kelly Roberts, B.

Chatfield Hooker Miller, A. Robinson

Cole Howrylak Pagan Yonker

Franz Irwin

In The Chair: Leonard

The question being on agreeing to the title of the bill,

Rep. Nesbitt moved to amend the title to read as follows:

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 377d; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Robinson moved that her name be removed as co‑sponsor of the bill.

The motion prevailed.

House Bill No. 4980, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2014 PA 220.

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

Roll Call No. 8 Yeas—92

Afendoulis Garcia Lauwers Price

Banks Garrett LaVoy Pscholka

Barrett Geiss Leonard Rendon

Bizon Glardon Leutheuser Roberts, B.

Brinks Glenn Liberati Roberts, S.

Brunner Graves Love Runestad

Bumstead Greig Lucido Rutledge

Byrd Greimel Lyons Santana

Callton Guerra Maturen Schor

Canfield Heise McBroom Sheppard

Chang Hoadley McCready Singh

Chirkun Hovey-Wright Miller, A. Smiley

Clemente Hughes Miller, D. Talabi

Cochran Iden Moss Tedder

Cole Inman Muxlow Theis

Cotter Jacobsen Neeley Townsend

Cox Jenkins Nesbitt VerHeulen

Crawford Johnson Outman Victory

Darany Kesto Pagan Webber

Driskell Kivela Phelps Wittenberg

Durhal Kosowski Plawecki Yanez

Faris LaFontaine Poleski Yonker

Farrington Lane Potvin Zemke

Nays—14

Chatfield Goike Kelly Robinson

Dianda Hooker Pagel Somerville

Forlini Howrylak Pettalia Vaupel

Franz Irwin

In The Chair: Leonard

The House agreed to the title of the bill.

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

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

Senate Bill No. 232, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2013 PA 234.

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

Roll Call No. 9 Yeas—101

Afendoulis Garcia Lane Potvin

Banks Garrett Lauwers Price

Barrett Geiss LaVoy Pscholka

Bizon Glardon Leonard Rendon

Brinks Glenn Leutheuser Roberts, B.

Brunner Goike Liberati Roberts, S.

Bumstead Graves Love Runestad

Byrd Greig Lucido Rutledge

Callton Greimel Lyons Santana

Canfield Guerra Maturen Schor

Chang Heise McBroom Sheppard

Chatfield Hoadley McCready Singh

Clemente Hooker Miller, A. Smiley

Cochran Hovey-Wright Miller, D. Somerville

Cole Hughes Moss Talabi

Cotter Iden Muxlow Tedder

Cox Inman Neeley Theis

Crawford Jacobsen Nesbitt Townsend

Darany Jenkins Outman Vaupel

Dianda Johnson Pagan VerHeulen

Driskell Kelly Pagel Victory

Durhal Kesto Pettalia Webber

Faris Kivela Phelps Yanez

Farrington Kosowski Plawecki Yonker

Forlini LaFontaine Poleski Zemke

Franz

Nays—5

Chirkun Irwin Robinson Wittenberg

Howrylak

In The Chair: Leonard

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

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

The House agreed to the full title.

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

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

______

Rep. Howrylak, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

I voted no on P.A. 159 of 2013 and P.A. 160 of 2013. Those bills created an exemption for sales and use tax on the difference for vehicles purchased at dealerships. This bill accentuates and facilitates that policy, which remains bad. As I wrote three years ago, ‘the issue should not be whether or not trade-ins reduce the tax due on the purchase of a vehicle from a dealer, but rather should USED vehicles be taxed at all. Indeed, this bill will have the effect of driving up the cost of used vehicles. It creates incentives to sell used vehicles to dealers rather than private parties. Indeed, it picks one group as winners while everyone else is a loser in this policy change. Finally, there is the large burden this new policy change places on our budget.’

Tax relief is best when it is broadest and not selective. For example, instead of creating the exemption for ‘sales tax (and use tax) on the difference’, a better form of tax relief would have been to reduce our state’s income tax rate. Such a policy decision would have the same net reduction in tax collection, but the tax relief would have been fair, equitable and non-discriminatory.

Consistent with my opposition to the tax preferences created in Public Acts 159 and 160 of 2013, I oppose this bill as it facilitates bad policy.”

Senate Bill No. 233, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2013 PA 160.

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

Roll Call No. 10 Yeas—101

Afendoulis Garcia Lane Potvin

Banks Garrett Lauwers Price

Barrett Geiss LaVoy Pscholka

Bizon Glardon Leonard Rendon

Brinks Glenn Leutheuser Roberts, B.

Brunner Goike Liberati Roberts, S.

Bumstead Graves Love Runestad

Byrd Greig Lucido Rutledge

Callton Greimel Lyons Santana

Canfield Guerra Maturen Schor

Chang Heise McBroom Sheppard

Chatfield Hoadley McCready Singh

Clemente Hooker Miller, A. Smiley

Cochran Hovey-Wright Miller, D. Somerville

Cole Hughes Moss Talabi

Cotter Iden Muxlow Tedder

Cox Inman Neeley Theis

Crawford Jacobsen Nesbitt Townsend

Darany Jenkins Outman Vaupel

Dianda Johnson Pagan VerHeulen

Driskell Kelly Pagel Victory

Durhal Kesto Pettalia Webber

Faris Kivela Phelps Yanez

Farrington Kosowski Plawecki Yonker

Forlini LaFontaine Poleski Zemke

Franz

Nays—5

Chirkun Irwin Robinson Wittenberg

Howrylak

In The Chair: Leonard

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

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

The House agreed to the full title.

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

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

______

Rep. Howrylak, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Consistent with my opposition to the tax preferences created in Public Acts 159 and 160 of 2013, I oppose this bill as it facilitates bad policy.”

House Bill No. 5001, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17959 (MCL 333.17959), as amended by 2010 PA 304.

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

Roll Call No. 11 Yeas—105

Afendoulis Garcia Lane Price

Banks Garrett Lauwers Pscholka

Barrett Geiss LaVoy Rendon

Bizon Glardon Leonard Roberts, B.

Brinks Glenn Leutheuser Roberts, S.

Brunner Goike Liberati Robinson

Bumstead Graves Love Runestad

Byrd Greig Lucido Rutledge

Callton Greimel Lyons Santana

Canfield Guerra Maturen Schor

Chang Heise McBroom Sheppard

Chatfield Hoadley McCready Singh

Chirkun Hooker Miller, A. Smiley

Clemente Hovey-Wright Miller, D. Somerville

Cochran Howrylak Moss Talabi

Cole Hughes Muxlow Tedder

Cotter Iden Neeley Theis

Cox Inman Nesbitt Townsend

Crawford Irwin Outman Vaupel

Darany Jacobsen Pagan VerHeulen

Dianda Jenkins Pagel Victory

Driskell Johnson Pettalia Webber

Durhal Kesto Phelps Wittenberg

Faris Kivela Plawecki Yanez

Farrington Kosowski Poleski Yonker

Forlini LaFontaine Potvin Zemke

Franz

Nays—1

Kelly

In The Chair: Leonard

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5220, entitled

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

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

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

The motion prevailed.

Rep. Nesbitt moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5220, entitled

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

Roll Call No. 12 Yeas—106

Afendoulis Garcia Lane Price

Banks Garrett Lauwers Pscholka

Barrett Geiss LaVoy Rendon

Bizon Glardon Leonard Roberts, B.

Brinks Glenn Leutheuser Roberts, S.

Brunner Goike Liberati Robinson

Bumstead Graves Love Runestad

Byrd Greig Lucido Rutledge

Callton Greimel Lyons Santana

Canfield Guerra Maturen Schor

Chang Heise McBroom Sheppard

Chatfield Hoadley McCready Singh

Chirkun Hooker Miller, A. Smiley

Clemente Hovey-Wright Miller, D. Somerville

Cochran Howrylak Moss Talabi

Cole Hughes Muxlow Tedder

Cotter Iden Neeley Theis

Cox Inman Nesbitt Townsend

Crawford Irwin Outman Vaupel

Darany Jacobsen Pagan VerHeulen

Dianda Jenkins Pagel Victory

Driskell Johnson Pettalia Webber

Durhal Kelly Phelps Wittenberg

Faris Kesto Plawecki Yanez

Farrington Kivela Poleski Yonker

Forlini Kosowski Potvin Zemke

Franz LaFontaine

Nays—0

In The Chair: Leonard

The House agreed to the title of the bill.

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

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

Reps. Afendoulis, Banks, Barrett, Bizon, Brinks, Brunner, Bumstead, Byrd, Callton, Canfield, Chang, Chatfield, Chirkun, Clemente, Cochran, Cole, Cotter, Crawford, Darany, Dianda, Driskell, Durhal, Faris, Farrington, Forlini, Garcia, Garrett, Geiss, Glardon, Glenn, Goike, Graves, Greig, Greimel, Guerra, Heise, Hoadley, Hovey-Wright, Howrylak, Hughes, Iden, Inman, Irwin, Jacobsen, Jenkins, Kelly, Kesto, Kivela, Kosowski, LaFontaine, LaVoy, Leonard, Leutheuser, Liberati, Love, Lucido, Lyons, Maturen, McBroom, Aaron Miller, Derek Miller, Moss, Muxlow, Outman, Pagan, Pagel, Pettalia, Plawecki, Poleski, Potvin, Price, Pscholka, Rendon, Brett Roberts, Sarah Roberts, Runestad, Rutledge, Santana, Schor, Sheppard, Singh, Smiley, Somerville, Talabi, Tedder, Theis, Townsend, Vaupel, VerHeulen, Victory, Webber, Wittenberg, Yanez, Yonker and Zemke were named co‑sponsors of the bill.

______

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

The motion prevailed.

______

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

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Friday, January 15, for his approval of the following bills:

Enrolled House Bill No. 4983 at 10:52 a.m.

Enrolled House Bill No. 4604 at 10:54 a.m.

The Clerk announced that the following Senate bills had been received on Wednesday, January 20:

Senate Bill Nos. 207 434

Messages from the Senate

Senate Bill No. 207, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 62a, 625r, and 625s.

The Senate has passed the bill.

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

Senate Bill No. 434, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 43b and 625q.

The Senate has passed the bill.

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

Communications from State Officers

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

January 19, 2016

Please find attached the divestment report to the Legislature for the 2015 calendar year. This report is required by the Divestment from Terror Act, MCL 129.291 et seq and the divestment mandates of the Public Employee Retirement System Investment Act (MCL 38.1133c and MCL 38.1133d). The Acts require the State Treasurer file a publicly available report to the Legislature each year on progress made under the Acts. This e-mail and the attached report represents the State Treasurer’s compliance with this reporting mandate.

If you have any questions, please contact Karl Borgquist at (517) 335-9286 or borgquistk@michigan.gov .

Cathy Murray

Paralegal

Bureau of Investments

Michigan Department of Treasury

(517) 335-7026

The communication was referred to the Clerk.

Introduction of Bills

Reps. Schor, Zemke, Pagel, Brinks, Sarah Roberts, Chirkun, Moss, Plawecki, Pagan, Singh, Durhal, Lane, Faris, Darany, Driskell, Hovey-Wright, Greig, Derek Miller, Wittenberg, Liberati, Kivela, Cochran, LaVoy, Love, Geiss and Guerra introduced

House Bill No. 5221, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 57 (MCL 169.257), as amended by 2015 PA 269.

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

Reps. Banks, Gay-Dagnogo, Garrett, Chang, Love, Byrd, Durhal and Talabi introduced

House Bill No. 5222, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8121a (MCL 600.8121a), as amended by 2014 PA 58.

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

Reps. Banks, Garrett, Chang, Gay-Dagnogo, Love, Byrd, Durhal, Talabi and Irwin introduced

House Bill No. 5223, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280f.

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

Reps. Muxlow, Bizon, Glardon, Schor, Lauwers, Inman, Pagel and Hooker introduced

House Bill No. 5224, entitled

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

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

Reps. Muxlow, Bizon, Glardon, Schor, Lauwers, Inman, Pagel and Hooker introduced

House Bill No. 5225, entitled

A bill to establish the P.C.U.P.S. foundation fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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

Reps. Muxlow, Bizon, Glardon, Schor, Lauwers, Inman, Pagel and Hooker introduced

House Bill No. 5226, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92.

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

______

Rep. Bumstead moved that the House adjourn.

The motion prevailed, the time being 5:05 p.m.

Associate Speaker Pro Tempore Franz declared the House adjourned until Thursday, January 21, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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