No. 43

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

97th Legislature

REGULAR SESSION OF 2014

House Chamber, Lansing, Thursday, May 8, 2014.

12:00 Noon.

The House was called to order by Associate Speaker Pro Tempore Cotter.

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

Abed—present Glardon—present LaVoy—present Roberts—present

Banks—present Goike—present Leonard—present Robinson—present

Barnett—present Graves—present Lipton—present Rogers—present

Bolger—present Greimel—present Lori—present Rutledge—present

Brinks—present Haines—present Lund—present Santana—present

Brown—present Haugh—present Lyons—present Schmidt—present

Brunner—present Haveman—present MacGregor—present Schor—present

Bumstead—present Heise—present MacMaster—present Segal—present

Callton—present Hobbs—present McBroom—present Shirkey—present

Cavanagh—present Hooker—present McCann—present Singh—present

Clemente—present Hovey-Wright—present McCready—present Slavens—present

Cochran—present Howrylak—present McMillin—present Smiley—present

Cotter—present Irwin—present Muxlow—present Somerville—present

Crawford—present Jacobsen—present Nathan—present Stallworth—present

Daley—present Jenkins—present Nesbitt—present Stamas—present

Darany—present Johnson—present O’Brien—present Stanley—excused

Denby—present Kandrevas—present Oakes—present Switalski—present

Dianda—present Kelly—present Olumba—present Talabi—present

Dillon—present Kesto—present Outman—present Tlaib—present

Driskell—present Kivela—present Pagel—present Townsend—present

Durhal—present Knezek—present Pettalia—present VerHeulen—present

Faris—present Kosowski—present Phelps—present Victory—present

Farrington—present Kowall—present Poleski—present Walsh—present

Forlini—present Kurtz—present Potvin—present Yanez—present

Foster—present LaFontaine—present Price—present Yonker—present

Franz—present Lamonte—present Pscholka—present Zemke—present

Geiss—present Lane—present Rendon—present Zorn—present

Genetski—present Lauwers—present

e/d/s = entered during session

Pastor John Scott, Pastor of New Life United Methodist Church in Lakeview, offered the following invocation:

“Gracious and Almighty God, we humbly bow our heads and hearts before You. We acknowledge Your presence here and in all places. You are Alpha and Omega, the beginning and the End. In You we live and move and have our being.

It is You Who has created the landscape of this beautiful state we call home by means of glaciers, running waters and blowing sands. How privileged we are to be trusted with these amazing peninsulas filled with cities and towns, forests, rivers, and lakes that all feed and surround the Great Lakes. What a humble privilege it is to live here, to work here, and to enjoy, and care for this spectacular State.

From the sands of the Leelanau to the rocky outcrops of the Porcupines, from the beaches and harbors of St. Joe and Saugatuck to the sugar beets of the Thumb area, from the streets of Detroit to the horse-drawn carriages of Mackinaw, from the Locks of Sault Ste. Marie to the farmlands of the Heartland, men and women come to this place to make decisions that affect the lives of citizens of this great State.

O God, help us not forget what we have been entrusted with…There are more than 170 species of fish and 3,500 species of plants and wildlife that call the Great Lakes Basin home. In this same basin, more than 35 million people rely upon the Great Lakes for drinking water, jobs, and their way of life. This is just one of the tremendous resources that You, Gracious God, have entrusted to the people who live on the shores of these interconnected bodies of water that make up the largest fresh water system on the planet. Remind us of the incredible responsibility we have to make sound, wise decisions that not only benefit people, but also protect these resources for the generations to come.

So for our elected leaders who gather here, we ask that You would place Your favor upon them and grant them a spirit of collegiality, and wisdom to solve problems and bring solutions. May these, our legislators, possess clear minds and have the ability to be well informed on particular issues so as to pass good laws for our State.

We lift the citizens of this great State to You asking for an outpouring of Your Holy Spirit. We lift in prayer Governor Snyder. May he be blessed with wisdom and protection. O God, stretch Your hand out over this land and protect us.

Finally, Loving God, we ask for many things and seek much in the way of blessing from You. The truth is what we really need is You.

Help us through Your Holy Spirit so that whoever we are, where ever we live, and however we serve, we would be a blessing to You and those whom we call neighbors.

In the name of Jesus Christ we ask.

AMEN.”

______

Rep. Rutledge moved that Rep. Stanley be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Switalski, Brown, Darany, Roberts and Singh offered the following resolution:

House Resolution No. 354.

A resolution to declare May 5-11, 2014, as Screen-Free Week in the state of Michigan.

Whereas, Screen-Free Week is an enjoyable and innovative way to improve children’s well-being by reducing dependence on entertainment screen media, including television, video games, computers, and hand-held devices, thus offering time for children to go outside, read, daydream, create, explore, and spend more time with family and friends; and

Whereas, Preschool children spend an average of 32 hours a week with screen media; and

Whereas, School-age children exposed to excessive screen time may also suffer the effects of childhood obesity, sleep disturbances, attention span issues, increased psychological difficulties, negative attitudes toward school, long-term academic failure, poor homework completion, less physical activity, and fewer family meals; and

Whereas, Children who are exposed to marketing practices, may have higher rates of depression, show more symptoms of anxiety, and have poor self-esteem; and

Whereas, Watching television commercials contributes to children’s dissatisfaction with their own body image, leading to an increase in eating disorders; and

Whereas, Research shows that children who are exposed to violent content in movies, video games, and television programs have a potential risk factor for becoming desensitized to violence; and

Whereas, Teens who are heavily exposed to various forms of sexualized media content are more likely to initiate intercourse, have several sex partners, contract a sexually transmitted disease, and men are less likely to empathize with female sexual assault victims; and

Whereas, The American Academy of Pediatrics recommends no screen time for children under 2 and less than 2 hours per day for older children; and

Whereas, Increased screen time for toddlers leaves less time for engagement in creative play, establishing the foundation of learning, constructive problem solving, and creativity; and

Whereas, Research demonstrates the benefits of reduced screen time for children, such as a higher academic performance, healthier lifestyle, prevention for later behavioral problems and victimization by classmates, and a decreased interest in television in later years; and

Whereas, Screen-Free Week establishes the foundation for important lifestyle adjustments that will develop the well-being and quality of life in children all year round; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 5-11, 2014, as Screen-Free Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Kesto, Farrington, Poleski, Kelly, Crawford, Kowall, Haines, LaFontaine, Callton, Yonker, McCready, Howrylak, Nesbitt, Pscholka, Greimel, Rutledge, Nathan, Singh, Foster, Forlini, Cotter, MacGregor, Kosowski, Brown, Darany, Denby, Heise and Roberts offered the following resolution:

House Resolution No. 355.

A resolution to declare May 15, 2014, as Chaldean American Day in the state of Michigan.

Whereas, Approximately 130,000 Chaldeans reside in Michigan, the largest population outside of the Middle East; and

Whereas, The Chaldean population began immigrating to America during the 1920’s for better economic, religious and political freedom, bringing with them a strong work ethic which continues to positively add to the growth of Michigan through the establishment of 15,000 Chaldean-owned businesses throughout the state; and

Whereas, The Chaldean community has undoubtedly proven their diligent business skills and entrepreneurial spirit with nearly sixty-one percent of Chaldean American households owning at least one business and thirty-nine percent owning two or more as well as an estimated nine out of ten food stores in Detroit; and

Whereas, The Chaldean American Chamber of Commerce currently has 878 members, representing more than thirty-five hundred businesses with goals of building community ties, ensuring membership value and advocacy for the benefit of Chaldean people; and

Whereas, The Chaldean Community Foundation has promoted steady population growth by providing services to the newly arrived Iraqi Chaldean refugees in efforts to help refugees become contributing members to Michigan through assistance with housing, job placement, language development, social and government program directives; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 15, 2014, as Chaldean American Day in the state of Michigan. We acknowledge the contributions of this innovative and entrepreneurial community as an important part of Michigan’s diverse history; and be it further

Resolved, That a copy of this resolution be sent to the Chaldean American Chamber of Commerce as evidence of the highest esteem of the members of the Michigan Legislature.

The question being on the adoption of the resolution,

Rep. Stamas moved that consideration of the resolution be postponed for the day.

The motion prevailed.

Rep. Nathan offered the following resolution:

House Resolution No. 356.

A resolution to urge the federal government to produce identification cards for military veterans who, as a result of combat, have shrapnel or other types of metal in their bodies.

Whereas, Of the more than 2.6 million U.S. service members deployed to Iraq and Afghanistan since 2003, over 900,000 have returned home as “wounded warriors.” These service men and women have sustained non-fatal war injuries that have left them with physical and mental disabilities that will adversely impact them every day of their lives; and

Whereas, Many of these individuals’ injuries are the result of improvised explosive devices (IEDs) that were packed full of bits of metal such as nails and screws. These wounded warriors will live with the shrapnel in their bodies and injuries to their limbs forever; and

Whereas, These proud U.S. veterans do not need to be reminded of their injuries when they go through airport security and are subjected to humiliation and the rudeness of security personnel who may be ignorant of the persistent difficulties caused by the injuries suffered by our veterans. Although the Traffic Safety Administration (TSA) offers expedited screening for wounded warriors, this service requires that the individual contact TSA prior to traveling and does not guarantee appropriate treatment of the injured individual; and

Whereas, Providing veterans with injuries with a special identification card that identifies them as having unique circumstances will allow them to maintain their dignity at airport security. Education for TSA on how to screen wounded veterans is also important as many of these individuals have injuries that make it difficult to remove coats or raise their arms; now, therefore, be it

Resolved by the House of Representatives, That we urge the federal government to produce identification cards for military veterans who, as a result of combat, have shrapnel or other types of metal in their bodies; and be it further

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

The resolution was referred to the Committee on Military and Veterans Affairs.

Reps. Stallworth, Greimel, Dianda, Dillon, Tlaib, Roberts, Rutledge, Lipton, Abed, Slavens, Haugh, Lane, Faris, Switalski, Townsend, Heise, Lyons, O’Brien, Cotter, Haines, Jacobsen, Yonker, Muxlow, Rogers, Howrylak, Callton, McCready, Glardon, Zemke, Singh, Olumba, Hooker, Hovey-Wright, Lamonte, Kandrevas, McCann, Potvin, Clemente, LaVoy, Banks, Oakes, Brown and Darany offered the following resolution:

House Resolution No. 357.

A resolution to commemorate the 60th anniversary of the Brown v. Board of Education Supreme Court decision.

Whereas, On May 14, 2014, the nation will mark the 60th anniversary of the U.S. Supreme Court’s ruling in Brown v. Board of Education, in which the court unanimously decided that “in the field of public education, the doctrine ‘separate but equal’ has no place. Separate educational facilities are inherently unequal”; and

Whereas, The Brown v. Board of Education ruling was a triumphant civil rights victory following decades of litigation and fights to end state-sponsored segregation in U.S. public schools and provided hope and inspiration to those involved in the struggle for racial equality in the United States; and

Whereas, The ruling energized the then-fledgling civil rights movement, opened the door to and gave a legal basis for ending centuries of racial segregation, and is widely recognized as one of the most pivotal U.S. Supreme Court rulings of the 20th century; and

Whereas, The historic decision repudiated the doctrine of “separate but equal” ruling that separate educational systems, by their very nature, could not be equal. It must be noted that many areas of our nation are still struggling with the vestiges of segregation and many students are still not afforded equal opportunities in public education and the larger society; and

Whereas, The challenge of racial equality continues as we must work to build a society in which differences are embraced and opportunities made equally available, a society enriched by racial diversity, not segregated by it, and that we do all we can to build a society that will leave no one behind; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 60th anniversary of the Brown v. Board of Education Supreme Court decision. We encourage schools and universities to dedicate time engaging students on the importance of this Supreme Court decision and its impact on equal opportunity in public education and the larger society.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker Pro Tempore assumed the Chair.

Second Reading of Bills

House Bill No. 5460, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 11, 12, and 13 (MCL 247.661, 247.662, and 247.663), section 11 as amended by 2002 PA 639 and sections 12 and 13 as amended by 2012 PA 298.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Transportation and Infrastructure,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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

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

______

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5460, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 11, 12, and 13 (MCL 247.661, 247.662, and 247.663), section 11 as amended by 2002 PA 639 and sections 12 and 13 as amended by 2012 PA 298.

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

Roll Call No. 206 Yeas—109

Abed Glardon Lauwers Rendon

Banks Goike LaVoy Roberts

Barnett Graves Leonard Robinson

Bolger Greimel Lipton Rogers

Brinks Haines Lori Rutledge

Brown Haugh Lund Santana

Brunner Haveman Lyons Schmidt

Bumstead Heise MacGregor Schor

Callton Hobbs MacMaster Segal

Cavanagh Hooker McBroom Shirkey

Clemente Hovey-Wright McCann Singh

Cochran Howrylak McCready Slavens

Cotter Irwin McMillin Smiley

Crawford Jacobsen Muxlow Somerville

Daley Jenkins Nathan Stallworth

Darany Johnson Nesbitt Stamas

Denby Kandrevas O’Brien Switalski

Dianda Kelly Oakes Talabi

Dillon Kesto Olumba Tlaib

Driskell Kivela Outman Townsend

Durhal Knezek Pagel VerHeulen

Faris Kosowski Pettalia Victory

Farrington Kowall Phelps Walsh

Forlini Kurtz Poleski Yanez

Foster LaFontaine Potvin Yonker

Franz Lamonte Price Zemke

Geiss Lane Pscholka Zorn

Genetski

Nays—0

In The Chair: Cotter

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

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

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 11, 12, 13, and 14 (MCL 247.661, 247.662, 247.663, and 247.664), section 11 as amended by 2002 PA 639, sections 12 and 13 as amended by 2012 PA 298, and section 14 as amended by 1987 PA 234.

The motion prevailed.

The House agreed to the title as amended.

Rep. Stamas 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. 4251, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” (MCL 220.1 to 239.6) by adding section 19c to chapter IV.

The bill was read a second time.

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

The motion prevailed.

Rep. Stamas 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. 4251, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” (MCL 220.1 to 239.6) by adding section 19c to chapter IV.

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

Roll Call No. 207 Yeas—92

Abed Graves Leonard Rendon

Banks Greimel Lipton Rogers

Bolger Haines Lori Rutledge

Brinks Haugh Lund Santana

Brown Haveman Lyons Schmidt

Bumstead Heise MacGregor Schor

Callton Hobbs MacMaster Segal

Cavanagh Hooker McBroom Shirkey

Clemente Howrylak McCann Slavens

Cotter Jacobsen McCready Smiley

Crawford Jenkins McMillin Somerville

Daley Johnson Muxlow Stallworth

Darany Kelly Nesbitt Stamas

Denby Kesto O’Brien Switalski

Dillon Kivela Oakes Talabi

Durhal Knezek Olumba Townsend

Farrington Kosowski Outman VerHeulen

Forlini Kowall Pagel Victory

Foster Kurtz Pettalia Walsh

Franz LaFontaine Poleski Yanez

Genetski Lamonte Potvin Yonker

Glardon Lane Price Zemke

Goike Lauwers Pscholka Zorn

Nays—17

Barnett Faris Kandrevas Roberts

Brunner Geiss LaVoy Robinson

Cochran Hovey-Wright Nathan Singh

Dianda Irwin Phelps Tlaib

Driskell

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Stamas 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. 5459, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Switalski moved to amend the bill as follows:

1. Amend page 3, line 27, after “FUEL” by striking out the balance of the subsection and inserting “AS THAT TERM IS DEFINED IN SECTION 4 OF THE MOTOR FUEL TAX ACT, 2000 PA 403, MCL 207.1004, SHALL BE DISTRIBUTED AS FOLLOWS:

(A) 10% TO THE COMPREHENSIVE TRANSPORTATION FUND CREATED IN SECTION 10B OF 1951 PA 51, MCL 247.660B.

(B) THE BALANCE TO THE STATE TRUNK LINE FUND, COUNTY ROAD COMMISSIONS, AND THE CITIES AND VILLAGES OF THIS STATE, IN THE SAME PERCENTAGES DESCRIBED IN SECTION 10(1)(J) OF 1951 PA 51, MCL 247.660, AND SHALL BE USED FOR THE PURPOSES PROVIDED IN 1951 PA 51, MCL 247.651 TO 247.675.”.

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

Rep. Townsend moved to amend the bill as follows:

1. Amend page 4, line 3, after “USED” by striking out the balance of the subsection and inserting “FOR PRESERVATION PROJECTS AND ACTIVITIES. AS USED IN THIS SUBSECTION:

(A) “PRESERVATION” MEANS THAT TERM AS DEFINED IN SECTION 10C(l) OF 1951 PA 51, MCL 247.660C.

(B) “MOTOR FUEL” MEANS THAT TERM AS DEFINED IN SECTION 4 OF THE MOTOR FUEL TAX ACT, 2000 PA 403, MCL 207.1004.”.

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

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

The motion prevailed.

Rep. Stamas 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. 5459, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226.

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

Roll Call No. 208 Yeas—91

Abed Glardon Lane Poleski

Barnett Goike Lauwers Potvin

Bolger Graves LaVoy Price

Brinks Greimel Leonard Pscholka

Brown Haines Lipton Rendon

Brunner Haugh Lori Rogers

Bumstead Haveman Lund Rutledge

Callton Heise Lyons Santana

Cavanagh Hobbs MacGregor Schmidt

Clemente Hooker MacMaster Schor

Cochran Howrylak McBroom Shirkey

Cotter Jacobsen McCann Slavens

Crawford Jenkins McCready Somerville

Daley Johnson McMillin Stamas

Darany Kelly Muxlow Tlaib

Denby Kesto Nathan VerHeulen

Dianda Kivela Nesbitt Victory

Faris Knezek O’Brien Walsh

Farrington Kosowski Oakes Yanez

Forlini Kowall Olumba Yonker

Foster Kurtz Outman Zemke

Franz LaFontaine Pagel Zorn

Genetski Lamonte Pettalia

Nays—18

Banks Hovey-Wright Robinson Stallworth

Dillon Irwin Segal Switalski

Driskell Kandrevas Singh Talabi

Durhal Phelps Smiley Townsend

Geiss Roberts

In The Chair: Cotter

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Stamas moved that Rule 3(4) be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Second Reading of Bills

House Bill No. 5492, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2010 PA 37.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Townsend moved to amend the bill as follows:

1. Amend page 3, line 7, after “DISTRIBUTED” by striking out the balance of the subsection and inserting “AS FOLLOWS:

(A) 10% TO THE COMPREHENSIVE TRANSPORTATION FUND CREATED IN SECTION 10B OF 1951 PA 51, MCL 247.660B.

(B) THE BALANCE TO THE STATE TRUNK LINE FUND, COUNTY ROAD COMMISSIONS, AND THE CITIES AND VILLAGES OF THIS STATE, IN THE SAME PERCENTAGES DESCRIBED IN SECTION 10(1)(J) OF 1951 PA 51, MCL 247.660, AND SHALL BE USED FOR THE PURPOSES PROVIDED IN 1951 PA 51, MCL 247.651 TO 247.675.”.

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

Rep. Barnett moved to amend the bill as follows:

1. Amend page 3, line 10, after “USED” by striking out the balance of the subsection and inserting “FOR PRESERVATION PROJECTS AND ACTIVITIES. AS USED IN THIS SUBSECTION, “PRESERVATION” MEANS THAT TERM AS DEFINED IN SECTION 10C(l) OF 1951 PA 51, MCL 247.660C.”.

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

Rep. Genetski moved to amend the bill as follows:

1. Amend page 3, line 1, after “SEPTEMBER 30, 2015” by striking out “AND EACH FISCAL YEAR THEREAFTER” and inserting “THROUGH THE FISCAL YEAR ENDING SEPTEMBER 30, 2021”.

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

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

The motion prevailed.

Rep. Stamas 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. 5492, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2010 PA 37.

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

Roll Call No. 209 Yeas—91

Abed Glardon Lauwers Price

Banks Goike LaVoy Pscholka

Barnett Graves Leonard Rendon

Bolger Greimel Lipton Rogers

Brinks Haines Lori Rutledge

Brown Haugh Lund Santana

Bumstead Haveman Lyons Schmidt

Callton Heise MacGregor Schor

Cavanagh Hooker MacMaster Segal

Clemente Howrylak McBroom Shirkey

Cochran Jacobsen McCann Slavens

Cotter Jenkins McCready Somerville

Crawford Johnson McMillin Stamas

Daley Kelly Muxlow Talabi

Darany Kesto Nesbitt Tlaib

Denby Kivela O’Brien VerHeulen

Dianda Knezek Oakes Victory

Faris Kosowski Olumba Walsh

Farrington Kowall Outman Yanez

Forlini Kurtz Pagel Yonker

Foster LaFontaine Pettalia Zemke

Franz Lamonte Poleski Zorn

Genetski Lane Potvin

Nays—18

Brunner Hobbs Phelps Smiley

Dillon Hovey-Wright Roberts Stallworth

Driskell Irwin Robinson Switalski

Durhal Kandrevas Singh Townsend

Geiss Nathan

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Stamas 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. 5167, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 11 and 11c (MCL 247.661 and 247.661c), section 11 as amended by 2002 PA 639 and section 11c as amended by 2002 PA 498.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation and Infrastructure,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Townsend moved to amend the bill as follows:

1. Amend page 18, following line 26, by inserting:

“SEC. 11G. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THE DEPARTMENT OR A LOCAL ROAD AGENCY SHALL ONLY EXPEND MONEY RECEIVED UNDER THIS ACT ON PRESERVATION PROJECTS AND ACTIVITIES UNTIL ALL STATE TRUNK LINE HIGHWAYS AND LOCAL ROADS ARE DETERMINED TO BE IN GOOD OR FAIR CONDITION BY THE TRANSPORTATION ASSET MANAGEMENT COUNCIL.”.

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

Rep. Lane moved to amend the bill as follows:

1. Amend page 15, line 27, after “DEPARTMENT” by striking out “OR THE LOCAL ROAD AGENCY”.

2. Amend page 16, line 1, after “REPORT” by striking out “ANY” and inserting “HIS OR HER”.

3. Amend page 16, line 1, after “findings” by striking out “THAT A METHOD OTHER THAN COMPETITIVE BIDDING IS IN THE PUBLIC INTEREST”.

4. Amend page 16, line 3, after “before” by inserting “work is commenced and promptly”.

5. Amend page 16, line 4, by striking out the balance of the line through “INTEREST” on line 7.

6. Amend page 16, line 9, after “representatives” by striking out the balance of the line through “BIDDING.” on line 10 and inserting a period and “A COUNTY ROAD COMMISSION SHALL REPORT ITS FINDINGS BEFORE WORK IS COMMENCED IN WRITING TO THE COUNTY BOARD OF COMMISSIONERS OF THAT COUNTY. A CITY OR VILLAGE SHALL REPORT ITS FINDINGS BEFORE WORK IS COMMENCED IN WRITING TO THE GOVERNING ELECTED BODY OF THAT CITY OR VILLAGE.”.

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

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

The motion prevailed.

Rep. Stamas 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. 5167, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 11 and 11c (MCL 247.661 and 247.661c), section 11 as amended by 2002 PA 639 and section 11c as amended by 2002 PA 498.

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

Roll Call No. 210 Yeas—108

Abed Genetski Lane Pscholka

Banks Glardon Lauwers Rendon

Barnett Goike LaVoy Roberts

Bolger Graves Leonard Rogers

Brinks Greimel Lipton Rutledge

Brown Haines Lori Santana

Brunner Haugh Lund Schmidt

Bumstead Haveman Lyons Schor

Callton Heise MacGregor Segal

Cavanagh Hobbs MacMaster Shirkey

Clemente Hooker McBroom Singh

Cochran Hovey-Wright McCann Slavens

Cotter Howrylak McCready Smiley

Crawford Irwin McMillin Somerville

Daley Jacobsen Muxlow Stallworth

Darany Jenkins Nathan Stamas

Denby Johnson Nesbitt Switalski

Dianda Kandrevas O’Brien Talabi

Dillon Kelly Oakes Tlaib

Driskell Kesto Olumba Townsend

Durhal Kivela Outman VerHeulen

Faris Knezek Pagel Victory

Farrington Kosowski Pettalia Walsh

Forlini Kowall Phelps Yanez

Foster Kurtz Poleski Yonker

Franz LaFontaine Potvin Zemke

Geiss Lamonte Price Zorn

Nays—1

Robinson

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Stamas 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. 5453, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 719 and 724 (MCL 257.719 and 257.724), section 719 as amended by 2012 PA 282 and section 724 as amended by 2012 PA 498.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Transportation and Infrastructure,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Lauwers moved to amend the bill as follows:

1. Amend page 13, line 2, after “AXLE.” by inserting “NOT MORE THAN 3 AXLES SHALL BE USED IN CALCULATING THE FINE TO BE IMPOSED UNDER THIS SUBDIVISION.”.

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

Rep. Goike moved to amend the bill as follows:

1. Amend page 12, line 17, after “(3)” by inserting “FOR THE AMOUNT OF POUNDS EXCEEDING THE PERMITTED AXLE WEIGHT”.

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

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

The motion prevailed.

Rep. Stamas 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. 5453, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 719 and 724 (MCL 257.719 and 257.724), section 719 as amended by 2012 PA 282 and section 724 as amended by 2012 PA 498.

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

Roll Call No. 211 Yeas—104

Abed Genetski Lane Rendon

Banks Glardon Lauwers Roberts

Barnett Goike LaVoy Rogers

Bolger Graves Leonard Rutledge

Brinks Greimel Lipton Santana

Brown Haines Lori Schmidt

Brunner Haugh Lund Schor

Bumstead Haveman Lyons Segal

Callton Heise MacGregor Shirkey

Cavanagh Hobbs McBroom Singh

Clemente Hooker McCann Slavens

Cochran Hovey-Wright McCready Smiley

Cotter Howrylak McMillin Somerville

Crawford Irwin Muxlow Stallworth

Daley Jacobsen Nesbitt Stamas

Darany Jenkins O’Brien Switalski

Denby Kandrevas Oakes Talabi

Dillon Kelly Olumba Tlaib

Driskell Kesto Outman Townsend

Durhal Kivela Pagel VerHeulen

Faris Knezek Pettalia Victory

Farrington Kosowski Phelps Walsh

Forlini Kowall Poleski Yanez

Foster Kurtz Potvin Yonker

Franz LaFontaine Price Zemke

Geiss Lamonte Pscholka Zorn

Nays—5

Dianda MacMaster Nathan Robinson

Johnson

In The Chair: Cotter

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

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

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 719, 724, 907, and 909 (MCL 257.719, 257.724, 257.907, and 257.909), section 719 as amended by 2012 PA 282, section 724 as amended by 2012 PA 498, section 907 as amended by 2013 PA 35, and section 909 as amended by 2000 PA 94.

The motion prevailed.

The House agreed to the title as amended.

Rep. Stamas 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. 5452, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 725 (MCL 257.725), as amended by 1998 PA 247.

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

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

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

The motion prevailed.

Rep. Stamas 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. 5452, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 725 (MCL 257.725), as amended by 1998 PA 247.

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

Roll Call No. 212 Yeas—98

Abed Genetski Lamonte Rogers

Banks Glardon Lane Rutledge

Barnett Goike Lauwers Santana

Bolger Graves LaVoy Schmidt

Brinks Greimel Leonard Schor

Brown Haines Lipton Segal

Brunner Haugh Lori Shirkey

Bumstead Haveman Lyons Singh

Callton Heise MacGregor Slavens

Cavanagh Hobbs McCann Smiley

Clemente Hooker McCready Somerville

Cochran Hovey-Wright Muxlow Stallworth

Cotter Howrylak O’Brien Stamas

Crawford Irwin Oakes Switalski

Darany Jacobsen Olumba Talabi

Denby Jenkins Outman Tlaib

Dianda Kandrevas Pagel Townsend

Dillon Kelly Pettalia VerHeulen

Driskell Kesto Phelps Victory

Durhal Kivela Poleski Walsh

Faris Knezek Potvin Yanez

Farrington Kosowski Price Yonker

Forlini Kowall Rendon Zemke

Franz Kurtz Roberts Zorn

Geiss LaFontaine

Nays—11

Daley Lund McMillin Pscholka

Foster MacMaster Nathan Robinson

Johnson McBroom Nesbitt

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Stamas 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. 5477, entitled

A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 6, 8, and 152 (MCL 207.1002, 207.1003, 207.1006, 207.1008, and 207.1152), section 2 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268.

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

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

Rep. VerHeulen moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. McMillin moved to amend the bill as follows:

1. Amend page 15, following line 23, by inserting:

“(4) BEGINNING OCTOBER 1, 2014, IF THE REVENUE FROM THE TAX IMPOSED UNDER SUBSECTION (1)(C) AND (D) DURING A 1-YEAR PERIOD IS GREATER THAN THE REVENUE THAT WOULD HAVE BEEN EARNED DURING THAT SAME 1-YEAR PERIOD IF THE TAX ON GASOLINE WAS 19 CENTS PER GALLON AND THE TAX ON DIESEL FUEL WAS 15 CENTS PER GALLON, THE DEPARTMENT SHALL ADJUST THE TAX LEVIED UNDER SECTION 51 OF THE INCOME TAX ACT OF 1967, 1967 PA 281, MCL 206.51, BY THE AMOUNT OF THE DIFFERENCE. IN MAKING AN ADJUSTMENT UNDER THIS SUBSECTION, THE DEPARTMENT SHALL NOT INCREASE THE RATE AT WHICH THE TAX IS LEVIED UNDER SECTION 51 OF THE INCOME TAX ACT OF 1967, 1967 PA 281, MCL 206.51.” and renumbering the remaining subsections.

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

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

The motion prevailed.

Rep. Stamas 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. 5477, entitled

A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 6, 8, and 152 (MCL 207.1002, 207.1003, 207.1006, 207.1008, and 207.1152), section 2 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268.

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

Roll Call No. 213 Yeas—85

Banks Glardon Lauwers Rutledge

Barnett Goike Leonard Santana

Bolger Graves Lipton Schmidt

Brown Haines Lori Schor

Brunner Haugh Lyons Segal

Bumstead Haveman MacGregor Shirkey

Callton Heise McBroom Slavens

Cavanagh Hobbs McCready Somerville

Clemente Hovey-Wright Muxlow Stallworth

Cochran Irwin O’Brien Stamas

Cotter Jacobsen Oakes Switalski

Crawford Jenkins Olumba Talabi

Daley Kandrevas Outman Tlaib

Darany Kelly Pagel Townsend

Denby Kesto Pettalia VerHeulen

Dillon Kivela Poleski Victory

Durhal Kosowski Potvin Walsh

Faris Kowall Price Yanez

Farrington Kurtz Rendon Yonker

Forlini LaFontaine Roberts Zemke

Franz Lane Rogers Zorn

Genetski

Nays—24

Abed Greimel LaVoy Nesbitt

Brinks Hooker Lund Phelps

Dianda Howrylak MacMaster Pscholka

Driskell Johnson McCann Robinson

Foster Knezek McMillin Singh

Geiss Lamonte Nathan Smiley

In The Chair: Cotter

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

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

A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 5, 6, 8, and 152 (MCL 207.1002, 207.1003, 207.1005, 207.1006, 207.1008, and 207.1152), sections 2 and 5 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268.

The motion prevailed.

The House agreed to the title as amended.

Rep. Stamas 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. 5493, entitled

A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 2 and 6a (MCL 207.212 and 207.216a), section 2 as amended by 2006 PA 346 and section 6a as added by 1996 PA 584.

The bill was read a second time.

Rep. VerHeulen moved to substitute (H-1) the bill.

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

Rep. McMillin moved to amend the bill as follows:

1. Amend page 4, following line 2, by inserting:

“(6) BEGINNING OCTOBER 1, 2014, IF THE REVENUE FROM THE TAX IMPOSED UNDER SUBSECTION (1) DURING A 1-YEAR PERIOD IS GREATER THAN THE REVENUE THAT WOULD HAVE BEEN EARNED DURING THAT SAME 1-YEAR PERIOD IF THE TAX ON DIESEL FUEL WAS 15 CENTS PER GALLON, THE DEPARTMENT SHALL ADJUST THE TAX LEVIED UNDER SECTION 51 OF THE INCOME TAX ACT OF 1967, 1967 PA 281, MCL 206.51, BY THE AMOUNT OF THE DIFFERENCE. IN MAKING AN ADJUSTMENT UNDER THIS SUBSECTION, THE DEPARTMENT SHALL NOT INCREASE THE RATE AT WHICH THE TAX IS LEVIED UNDER SECTION 51 OF THE INCOME TAX ACT OF 1967, 1967 PA 281, MCL 206.51.”.

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

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

The motion prevailed.

Rep. Stamas 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. 5493, entitled

A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 2 and 6a (MCL 207.212 and 207.216a), section 2 as amended by 2006 PA 346 and section 6a as added by 1996 PA 584.

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

Roll Call No. 214 Yeas—84

Banks Glardon Lane Rutledge

Barnett Goike Lauwers Santana

Bolger Graves Leonard Schmidt

Brown Haines Lipton Schor

Brunner Haugh Lori Segal

Bumstead Haveman Lyons Shirkey

Callton Heise MacGregor Slavens

Cavanagh Hobbs McBroom Somerville

Clemente Hovey-Wright McCready Stallworth

Cochran Irwin Muxlow Stamas

Cotter Jacobsen O’Brien Switalski

Crawford Jenkins Oakes Talabi

Daley Kandrevas Outman Tlaib

Darany Kelly Pagel Townsend

Denby Kesto Pettalia VerHeulen

Dillon Kivela Poleski Victory

Durhal Knezek Potvin Walsh

Farrington Kosowski Price Yanez

Forlini Kowall Rendon Yonker

Franz Kurtz Roberts Zemke

Genetski LaFontaine Rogers Zorn

Nays—25

Abed Greimel Lund Olumba

Brinks Hooker MacMaster Phelps

Dianda Howrylak McCann Pscholka

Driskell Johnson McMillin Robinson

Faris Lamonte Nathan Singh

Foster LaVoy Nesbitt Smiley

Geiss

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Stamas 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. 4630, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 801, 801e, 803, 803a, 803b, 803p, and 809 (MCL 257.801, 257.801e, 257.803, 257.803a, 257.803b, 257.803p, and 257.809), section 801 as amended by 2012 PA 498, section 801e as amended by 1983 PA 91, section 803 as amended by 2002 PA 490, section 803a as amended and section 803p as added by 1996 PA 404, and sections 803b and 809 as amended by 2011 PA 159.

Was read a second time, and the question being on the adoption of the proposed substitute (H-6) previously recommended by the Committee on Transportation and Infrastructure,

The substitute (H-6) was adopted, a majority of the members serving voting therefor.

Rep. McBroom moved to amend the bill as follows:

1. Amend page 19, line 25, after “WEIGHS” by striking out “8,000” and inserting “4,000”.

2. Amend page 20, line 8, after “THAN” by striking out “8,000” and inserting “4,000”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

Rep. Stamas 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. 4630, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 801, 801e, 803, 803a, 803b, 803p, and 809 (MCL 257.801, 257.801e, 257.803, 257.803a, 257.803b, 257.803p, and 257.809), section 801 as amended by 2012 PA 498, section 801e as amended by 1983 PA 91, section 803 as amended by 2002 PA 490, section 803a as amended and section 803p as added by 1996 PA 404, and sections 803b and 809 as amended by 2011 PA 159.

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

Roll Call No. 215 Yeas—90

Abed Geiss Lauwers Roberts

Banks Glardon Leonard Rogers

Barnett Goike Lipton Rutledge

Bolger Graves Lori Santana

Brinks Haines Lyons Schmidt

Brown Haugh MacGregor Schor

Brunner Haveman MacMaster Segal

Bumstead Heise McCann Shirkey

Callton Hobbs McCready Singh

Cavanagh Hovey-Wright Muxlow Slavens

Clemente Jacobsen Nathan Somerville

Cochran Jenkins O’Brien Stamas

Cotter Kandrevas Oakes Switalski

Crawford Kelly Olumba Talabi

Daley Kesto Outman Tlaib

Darany Kivela Pagel Townsend

Denby Knezek Pettalia VerHeulen

Dillon Kosowski Phelps Victory

Durhal Kowall Poleski Walsh

Faris Kurtz Potvin Yanez

Farrington LaFontaine Price Yonker

Forlini Lamonte Rendon Zemke

Franz Lane

Nays—19

Dianda Hooker Lund Robinson

Driskell Howrylak McBroom Smiley

Foster Irwin McMillin Stallworth

Genetski Johnson Nesbitt Zorn

Greimel LaVoy Pscholka

In The Chair: Cotter

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

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

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 801, 802, 803, 803b, 803e, 806, and 809 (MCL 257.801, 257.802, 257.803, 257.803b, 257.803e, 257.806, and 257.809), section 801 as amended by 2012 PA 498, sections 802, 803b, 806, and 809 as amended by 2011 PA 159, section 803 as amended by 2002 PA 490, and section 803e as amended by 2011 PA 46; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Greimel, 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:

Although I support redirecting late fees on registration from the general fund to the Michigan Transportation Fund, I voted no because I oppose the state raising registration fees on individuals immediately upon the transfer of a license plate to a higher priced vehicle.”

Second Reading of Bills

House Bill No. 5314, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), section 11 as amended by 2013 PA 97, section 17b as amended by 2007 PA 137, and sections 201 and 236 as amended by 2013 PA 60.

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 not adopted, a majority of the members serving not voting therefor.

Rep. Rogers moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Brown moved to amend the bill as follows:

1. Amend page 57, following line 24, by inserting:

“(8) BEGINNING IN 2014-2015, FOR PUPILS ATTENDING A SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL UNDER SECTIONS 552 AND 553A OF THE REVISED SCHOOL CODE, MCL 380.552 AND 380.553A, THE ALLOCATION CALCULATED UNDER THIS SECTION IS AN AMOUNT PER MEMBERSHIP PUPIL OTHER THAN SPECIAL EDUCATION PUPILS EQUAL TO 80% OF THE FOUNDATION ALLOWANCE OF THE DISTRICT IN WHICH THE SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL IS LOCATED, NOT TO EXCEED THE MAXIMUM PUBLIC SCHOOL ACADEMY ALLOCATION.” and renumbering the remaining subsections.

2. Amend page 125, line 25, after “exceed” by striking out “$2,000,000.00” and inserting “$11,000,000.00”.

3. Amend page 184, following line 20, by inserting:

“SEC. 89. (1) FROM THE GENERAL FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED TO THE DEPARTMENT THE AMOUNT OF $260,000.00 FOR 2014-2015 FOR THE PURPOSES OF THIS SECTION. THE DEPARTMENT SHALL ENTER INTO A CONTRACT FOR A COMPREHENSIVE STATEWIDE COST STUDY TO DETERMINE THE BASIC COST PER PUPIL THAT IS NECESSARY TO PROVIDE A PUBLIC EDUCATION THAT ENABLES A PUPIL TO DO ALL OF THE FOLLOWING:

(A) TO SUCCESSFULLY COMPLETE ALL OF THE CREDIT REQUIREMENTS OF THE MICHIGAN MERIT STANDARD UNDER SECTIONS 1278A AND 1278B OF THE REVISED SCHOOL CODE, MCL 380.1278A AND 380.1278B.

(B) TO DEMONSTRATE PROFICIENCY IN ALL SUBJECT AREAS ON THE MICHIGAN MERIT EXAMINATION UNDER SECTION 1279G OF THE REVISED SCHOOL CODE, MCL 380.1279G.

(2) THE DEPARTMENT SHALL ENSURE THAT THE STUDY REQUIRED UNDER SUBSECTION (1) MEETS ALL OF THE FOLLOWING:

(A) THE STUDY SHALL CONSIDER BOTH ADEQUACY AND EQUITY. AS USED IN THIS SUBDIVISION:

(i) “ADEQUACY” MEANS WHETHER SUFFICIENT STATE AND LOCAL RESOURCES ARE BEING COMMITTED TO MEET ESTABLISHED PERFORMANCE STANDARDS AND ASSURE ACADEMIC SUCCESS FOR ALL.

(ii) “EQUITY” MEANS WHETHER PUBLIC RESOURCES BEING COMMITTED TO PUBLIC EDUCATION ARE DISTRIBUTED IN SUCH A WAY THAT ALL CHILDREN, REGARDLESS OF RACE, GENDER, ETHNICITY, DISABILITY, SOCIOECONOMIC STATUS, AND GEOGRAPHY, HAVE AN EQUAL OPPORTUNITY TO SUCCEED IN SCHOOL.

(B) IS CONDUCTED BY A VENDOR WHO IS QUALIFIED TO CONDUCT THE STUDY. THE VENDOR MUST HAVE PROVEN EXPERIENCE IN UTILIZING MULTIPLE NATIONAL-LEVEL RESEARCH APPROACHES, INCLUDING AT LEAST ALL OF THE FOLLOWING TYPES OF ANALYSIS: SUCCESSFUL SCHOOL DISTRICT, PROFESSIONAL JUDGMENT, AND EVIDENCE-BASED. THE VENDOR MUST HAVE A PROVEN ABILITY TO COMBINE THE DATA GENERATED FROM THESE RESEARCH APPROACHES TO ASSESS AT LEAST ALL OF THE FOLLOWING:

(i) HOW STRONGLY THE IDENTIFIED DATA OR COSTS ARE ASSOCIATED WITH ACHIEVING THIS STATE’S STUDENT PERFORMANCE GOALS, INCLUDING, BUT NOT LIMITED TO, UNIVERSAL PROFICIENCY IN READING AND MATHEMATICS.

(ii) THE DEGREE TO WHICH THE DATA OR COSTS TOOK INTO CONSIDERATION EFFICIENCY AND LOWEST POSSIBLE COST OF RESOURCE DELIVERY.

(iii) THE TRANSPARENCY AND RELIABILITY OF THE DATA GENERATED.

(iv) HOW WELL THE DATA COULD BE APPLIED TO RECOGNIZE EXISTING PUBLIC SCHOOL AND PUPIL COST PRESSURE DIFFERENCES.

(C) INCLUDES AT LEAST ALL OF THE FOLLOWING:

(i) A DETERMINATION OF THE EDUCATIONAL RESOURCES AND RELATED EXPENDITURES THAT ARE REQUIRED TO PROVIDE A QUALITY ELEMENTARY AND SECONDARY EDUCATION FOR EACH PUPIL IN THE PUBLIC SCHOOLS. THE STUDY SHALL INCLUDE EXAMINING EXEMPLARY DISTRICTS THAT ARE HIGH-PERFORMING AND LOW-SPENDING DISTRICTS. AS PART OF THE DETERMINATION UNDER THIS SUBPARAGRAPH, A REVIEW SHALL BE CONDUCTED OF SCHOOL DISTRICT TAX EFFORTS IN SUPPORT OF PUBLIC SCHOOLS, INCLUDING BOTH LOCAL AND STATE TAX SUPPORT.

(ii) AN EXAMINATION OF THE POTENTIAL USE OF GEOGRAPHIC COST-OF-EDUCATION INDEXING IN THIS STATE.

(iii) AN INVESTIGATION OF ADDITIONAL CATEGORIES OF FUNDING THAT MAY BE NECESSARY TO MEET NEEDS UNIQUE TO SCHOOLS AND PUPILS, INCLUDING ALL OF THE FOLLOWING:

(A) POVERTY.

(B) LIMITED ENGLISH PROFICIENCY.

(C) PUPILS WITH A DISABILITY.

(D) SCARCITY AND DENSITY OF POPULATION.

(E) ISSUES RELATED TO THE RURAL, URBAN, OR SUBURBAN NATURE OF THE SCHOOL DISTRICT.

(F) ISSUES RELATED TO RESEARCH-BASED ANALYSIS OF THE DIFFICULTY OF THE EDUCATIONAL TASK.

(iv) AN EXAMINATION OF THE IMPACT OF FOOD SERVICE COSTS, TRANSPORTATION COSTS, COSTS ASSOCIATED WITH COMMUNITY SERVICES, ADULT EDUCATION COSTS, SCHOOL BUILDING CONSTRUCTION AND MAINTENANCE AND OTHER CAPITAL COSTS, AND DEBT SERVICE COSTS.

(v) A DETERMINATION OF THE COST IMPACT OF PUPIL POPULATION GROWTH AND DECLINE.

(3) NOT LATER THAN 30 DAYS AFTER THE COMPLETION OF THE STUDY REQUIRED UNDER THIS SECTION, THE DEPARTMENT SHALL SUBMIT TO THE LEGISLATURE, THE GOVERNOR, AND THE LEGISLATIVE AUDITOR GENERAL A REPORT CONTAINING A DETAILED SUMMARY OF THE FINDINGS FROM THE STUDY.

(4) THE DEPARTMENT SHALL ENSURE THAT THE STUDY REQUIRED UNDER THIS SECTION IS COMPLETED WITHIN 1 YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION. THE DEPARTMENT SHALL DEVELOP A REQUEST FOR PROPOSALS AND AWARD THE CONTRACT REQUIRED UNDER THIS SECTION IN TIME FOR THIS DEADLINE FOR COMPLETION OF THE STUDY TO BE MET AND SHALL INCLUDE THIS DEADLINE IN THE REQUEST FOR PROPOSALS AND IN THE CONTRACT.” and adjusting the totals in section 11 and enacting section 1 accordingly.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Brown moved to amend the bill as follows:

1. Amend page 57, following line 24, by inserting:

“(8) BEGINNING IN 2014-2015, FOR PUPILS ATTENDING A SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL UNDER SECTIONS 552 AND 553A OF THE REVISED SCHOOL CODE, MCL 380.552 AND 380.553A, THE ALLOCATION CALCULATED UNDER THIS SECTION IS AN AMOUNT PER MEMBERSHIP PUPIL OTHER THAN SPECIAL EDUCATION PUPILS EQUAL TO 85% OF THE FOUNDATION ALLOWANCE OF THE DISTRICT IN WHICH THE SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL IS LOCATED, NOT TO EXCEED THE MAXIMUM PUBLIC SCHOOL ACADEMY ALLOCATION.” and renumbering the remaining subsections.

2. Amend page 125, line 25, after “exceed” by striking out “$2,000,000.00” and inserting “$8,750,000.00”.

3. Amend page 184, following line 20, by inserting:

“SEC. 89. (1) FROM THE GENERAL FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED TO THE DEPARTMENT THE AMOUNT OF $255,000.00 FOR 2014-2015 FOR THE PURPOSES OF THIS SECTION. THE DEPARTMENT SHALL ENTER INTO A CONTRACT FOR A COMPREHENSIVE STATEWIDE COST STUDY TO DETERMINE THE BASIC COST PER PUPIL THAT IS NECESSARY TO PROVIDE A PUBLIC EDUCATION THAT ENABLES A PUPIL TO DO ALL OF THE FOLLOWING: