No. 19

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Wednesday, February 25, 2015.

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 Franz—present Kosowski—present Potvin—present

Banks—present Gamrat—present LaFontaine—present Price—present

Barrett—present Garcia—present Lane—present Pscholka—present

Bizon—present Garrett—present Lauwers—present Rendon—present

Brinks—present Gay-Dagnogo—present LaVoy—present Roberts, B.—present

Brunner—present Geiss—present Leonard—present Roberts, S.—present

Bumstead—present Glardon—present Leutheuser—present Robinson—present

Byrd—present Glenn—present Liberati—present Runestad—present

Callton—present Goike—present Love—present Rutledge—present

Canfield—present Graves—present Lucido—present Santana—present

Chang—present Greig—present Lyons—present Schor—present

Chatfield—present Greimel—present Maturen—present Sheppard—present

Chirkun—present Guerra—present McBroom—present Singh—present

Clemente—present Heise—present McCready—present Smiley—present

Cochran—present Hoadley—present Miller, A.—present Somerville—present

Cole—present Hooker—present Miller, D.—present Talabi—present

Cotter—present Hovey-Wright—present Moss—present Tedder—present

Courser—present Howrylak—present Muxlow—present Theis—present

Cox—present Hughes—present Neeley—present Townsend—present

Crawford—present Iden—present Nesbitt—present Vaupel—present

Darany—present Inman—present Outman—present VerHeulen—present

Dianda—present Irwin—present Pagan—present Victory—present

Dillon—present Jacobsen—present Pagel—present Webber—present

Driskell—present Jenkins—present Pettalia—present Wittenberg—present

Durhal—present Johnson—present Phelps—present Yanez—present

Faris—present Kelly—present Plawecki—present Yonker—present

Farrington—present Kesto—present Poleski—present Zemke—present

Forlini—present Kivela—present

e/d/s = entered during session

Dr. Rev. David Bullock, Pastor of Greater St. Matthew Baptist Church in Highland Park, offered the following invocation:

“Dear God,

Thank You for Your always present protection. Thank You for amazing grace and favor to us. Thank You for Your abiding love.

Bless us today.

Bless the Great state of Michigan.

Bless all the children, the families, the industry and our common enterprise.

Bless the elected officials, may this be a favored session.

We pray that they find the courage to shun merely convenient compromise.

We pray they find answers to the persistent problem of poverty.

We pray they are guided by the truth and remain true to Democracy.

Amen.”

Motions and Resolutions

Reps. Sheppard, LaVoy, Glardon, Price, Webber, Goike, Kelly, Lauwers, Kivela, Nesbitt, Kesto, Glenn, Iden and Kosowski offered the following resolution:

House Resolution No. 21.

A resolution to memorialize the Congress of the United States to reinstate funding for the Yucca Mountain Nuclear Waste Repository.

Whereas, Over the past four decades, nuclear power has been a significant source for the nation’s electricity production. There are 104 operating nuclear power reactors in the United States, providing about one-fifth of the nation’s electricity generation. According to the U.S. Energy Information Administration, Michigan’s three nuclear power plants provided 28 percent of the electricity generated in Michigan in 2013; and

Whereas, Nuclear power can provide large amounts of reliable, emission-free electricity at stable prices. Many electricity markets across the nation are, or will soon be, in need of new baseload generating capacity. However, the construction of new nuclear power plants is being hampered by the unresolved issue of spent nuclear fuel; and

Whereas, Since the earliest days of nuclear power, the great dilemma is how to deal with used nuclear fuel. Currently, more than 70,000 metric tons of spent nuclear fuel are stored in pools or casks at temporary, and potentially vulnerable, sites around the country, including in Michigan. More nuclear waste is generated every day. This high-level radioactive waste demands exceptional care in all facets of its storage and disposal, including transportation; and

Whereas, The Nuclear Waste Policy Act of 1982 requires the federal government, through the Department of Energy (DOE), to build a repository for the permanent storage of high-level radioactive waste from nuclear power plants. This act includes a specific timetable to identify a suitable location and to establish the waste repository; and

Whereas, The establishment of a federal nuclear waste repository is more than fifteen years overdue. Under the Act, the DOE was supposed to begin accepting and storing the nation’s nuclear waste by January 31, 1998. In 2002, Congress and President Bush approved Yucca Mountain in Nevada as the site of the repository, and in 2008, the Nuclear Regulatory Commission (NRC) accepted an application by the DOE to construct and operate the repository. However, in 2010, at the urging of President Obama, the DOE chose to unilaterally and irrevocably terminate the Yucca Mountain repository process; and

Whereas, The NRC released a report in October 2014 that found Yucca Mountain would be a safe and acceptable repository for the permanent storage of used nuclear fuel. The repository would meet all NRC standards for protecting people and the environment from radioactivity. Clearly, it is time to re-open the Yucca Mountain process, as it will provide the best long-term solution to our nation’s used nuclear fuel problem; and

Whereas, The Yucca Mountain process cannot move forward without the U.S. Congress appropriating additional funds. Electric rate-payers in Michigan and across the country have paid billions into the federal Nuclear Waste Fund specifically to support development of a long-term repository. Since 1983, in accordance with the Nuclear Waste Policy Act, customers of Michigan electric utilities have paid $812 million into the federal fund. While fee collection has been suspended as of May 16, 2014, the fund still contains a total balance of over $31 billion; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to reinstate funding for the Yucca Mountain Nuclear Waste Repository; and be it further

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

The resolution was referred to the Committee on Energy Policy.

Third Reading of Bills

House Bill No. 4076, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2014 PA 201.

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—110

Afendoulis Franz Kosowski Potvin

Banks Gamrat LaFontaine Price

Barrett Garcia Lane Pscholka

Bizon Garrett Lauwers Rendon

Brinks Gay-Dagnogo LaVoy Roberts, B.

Brunner Geiss Leonard Roberts, S.

Bumstead Glardon Leutheuser Robinson

Byrd Glenn Liberati Runestad

Callton Goike Love Rutledge

Canfield Graves Lucido Santana

Chang Greig Lyons Schor

Chatfield Greimel Maturen Sheppard

Chirkun Guerra McBroom Singh

Clemente Heise McCready Smiley

Cochran Hoadley Miller, A. Somerville

Cole Hooker Miller, D. Talabi

Cotter Hovey-Wright Moss Tedder

Courser Howrylak Muxlow Theis

Cox Hughes Neeley Townsend

Crawford Iden Nesbitt Vaupel

Darany Inman Outman VerHeulen

Dianda Irwin Pagan Victory

Dillon Jacobsen Pagel Webber

Driskell Jenkins Pettalia Wittenberg

Durhal Johnson Phelps Yanez

Faris Kelly Plawecki Yonker

Farrington Kesto Poleski Zemke

Forlini Kivela

Nays—0

In The Chair: Cotter

The House agreed to the title of the bill.

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

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

The Speaker called the Speaker Pro Tempore to the Chair.

House Bill No. 4159, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5o (MCL 28.425o), as amended by 2014 PA 206.

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

Roll Call No. 13 Yeas—89

Afendoulis Forlini Kivela Phelps

Barrett Franz Kosowski Plawecki

Bizon Gamrat LaFontaine Poleski

Brinks Garcia Lane Potvin

Brunner Geiss Lauwers Price

Bumstead Glardon LaVoy Pscholka

Callton Glenn Leonard Rendon

Canfield Goike Leutheuser Roberts, B.

Chatfield Graves Liberati Runestad

Chirkun Greimel Lucido Rutledge

Clemente Guerra Lyons Sheppard

Cochran Heise Maturen Smiley

Cole Hooker McBroom Somerville

Cotter Howrylak McCready Talabi

Courser Hughes Miller, A. Tedder

Cox Iden Miller, D. Theis

Crawford Inman Muxlow Vaupel

Darany Jacobsen Nesbitt VerHeulen

Dianda Jenkins Outman Victory

Dillon Johnson Pagan Webber

Driskell Kelly Pagel Yanez

Faris Kesto Pettalia Yonker

Farrington

Nays—21

Banks Greig Moss Schor

Byrd Hoadley Neeley Singh

Chang Hovey-Wright Roberts, S. Townsend

Durhal Irwin Robinson Wittenberg

Garrett Love Santana Zemke

Gay-Dagnogo

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. Cox, Dianda, Glenn, Goike, Inman, Kivela, Lauwers, Leutheuser, Lyons, Aaron Miller, Outman, Phelps, Poleski, Rendon and Sheppard were named co‑sponsors of the bill.

House Bill No. 4160, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 234e (MCL 750.234e), as added by 1990 PA 321.

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

Roll Call No. 14 Yeas—95

Afendoulis Forlini Kosowski Poleski

Barrett Franz LaFontaine Potvin

Bizon Gamrat Lane Price

Brinks Garcia Lauwers Pscholka

Brunner Glardon LaVoy Rendon

Bumstead Glenn Leonard Roberts, B.

Callton Goike Leutheuser Runestad

Canfield Graves Liberati Rutledge

Chang Greig Lucido Schor

Chatfield Greimel Lyons Sheppard

Chirkun Guerra Maturen Singh

Clemente Heise McBroom Smiley

Cochran Hoadley McCready Somerville

Cole Hooker Miller, A. Talabi

Cotter Howrylak Miller, D. Tedder

Courser Hughes Moss Theis

Cox Iden Muxlow Vaupel

Crawford Inman Nesbitt VerHeulen

Darany Jacobsen Outman Victory

Dianda Jenkins Pagan Webber

Dillon Johnson Pagel Yanez

Driskell Kelly Pettalia Yonker

Faris Kesto Phelps Zemke

Farrington Kivela Plawecki

Nays—15

Banks Gay-Dagnogo Love Santana

Byrd Geiss Neeley Townsend

Durhal Hovey-Wright Roberts, S. Wittenberg

Garrett Irwin Robinson

In The Chair: Leonard

The House agreed to the title of the bill.

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

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

House Bill No. 4161, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 222 (MCL 750.222), as amended by 2012 PA 242.

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

Roll Call No. 15 Yeas—108

Afendoulis Forlini Kesto Plawecki

Banks Franz Kivela Poleski

Barrett Gamrat Kosowski Potvin

Bizon Garcia LaFontaine Price

Brinks Garrett Lane Pscholka

Brunner Gay-Dagnogo Lauwers Rendon

Bumstead Geiss LaVoy Roberts, B.

Byrd Glardon Leonard Roberts, S.

Callton Glenn Leutheuser Robinson

Canfield Goike Liberati Runestad

Chang Graves Love Rutledge

Chatfield Greig Lucido Santana

Chirkun Greimel Lyons Schor

Clemente Guerra Maturen Sheppard

Cochran Heise McBroom Singh

Cole Hoadley McCready Smiley

Cotter Hooker Miller, A. Somerville

Courser Hovey-Wright Miller, D. Talabi

Cox Howrylak Moss Tedder

Crawford Hughes Muxlow Theis

Darany Iden Neeley Vaupel

Dianda Inman Nesbitt VerHeulen

Dillon Irwin Outman Victory

Driskell Jacobsen Pagan Webber

Durhal Jenkins Pagel Yanez

Faris Johnson Pettalia Yonker

Farrington Kelly Phelps Zemke

Nays—2

Townsend Wittenberg

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. 34, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425o, and 28.428), section 1 as amended by 2014 PA 203, section 2a as amended by 2013 PA 3, section 4 as amended by 2014 PA 6, sections 5 and 5a as added by 2000 PA 381, section 5b as amended by 2014 PA 207, sections 5c and 5d as amended by 2002 PA 719, section 5e as amended by 2014 PA 204, sections 5f and 5k as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, section 5l as amended by 2012 PA 32, section 5o as amended by 2014 PA 206, and section 8 as amended by 2008 PA 406, and by adding section 5x; and to repeal acts and parts of acts.

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

Roll Call No. 16 Yeas—76

Afendoulis Farrington Kosowski Phelps

Barrett Forlini LaFontaine Poleski

Brunner Gamrat Lane Price

Bumstead Garcia LaVoy Pscholka

Callton Glardon Leonard Rendon

Canfield Glenn Leutheuser Roberts, B.

Chatfield Goike Liberati Runestad

Chirkun Graves Lucido Rutledge

Clemente Greimel Lyons Sheppard

Cochran Heise Maturen Smiley

Cole Hooker McBroom Somerville

Cotter Howrylak McCready Tedder

Courser Hughes Miller, A. Theis

Cox Iden Miller, D. Vaupel

Crawford Jacobsen Muxlow VerHeulen

Darany Jenkins Nesbitt Victory

Dianda Johnson Outman Webber

Dillon Kesto Pagel Yanez

Driskell Kivela Pettalia Yonker

Nays—34

Banks Gay-Dagnogo Lauwers Robinson

Bizon Geiss Love Santana

Brinks Greig Moss Schor

Byrd Guerra Neeley Singh

Chang Hoadley Pagan Talabi

Durhal Hovey-Wright Plawecki Townsend

Faris Inman Potvin Wittenberg

Franz Irwin Roberts, S. Zemke

Garrett 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.

______

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

“Mr. Speaker and members of the House:

This ‘shall issue’ bill eliminates local control over the issuance of concealed weapons licenses, diminishes accountability and will facilitate access to weapons by potentially dangerous individual.”

Senate Bill No. 35, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124.

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

Roll Call No. 17 Yeas—81

Afendoulis Farrington Kivela Phelps

Barrett Forlini Kosowski Poleski

Bizon Gamrat LaFontaine Potvin

Brinks Garcia Lane Price

Brunner Geiss LaVoy Pscholka

Bumstead Glardon Leonard Rendon

Callton Glenn Leutheuser Roberts, B.

Canfield Goike Liberati Runestad

Chatfield Graves Lucido Rutledge

Chirkun Greimel Lyons Sheppard

Clemente Heise Maturen Smiley

Cochran Hooker McBroom Somerville

Cole Howrylak McCready Tedder

Cotter Hughes Miller, A. Theis

Courser Iden Miller, D. Vaupel

Cox Inman Muxlow VerHeulen

Crawford Jacobsen Nesbitt Victory

Darany Jenkins Outman Webber

Dianda Johnson Pagel Yanez

Dillon Kesto Pettalia Yonker

Driskell

Nays—29

Banks Greig Love Santana

Byrd Guerra Moss Schor

Chang Hoadley Neeley Singh

Durhal Hovey-Wright Pagan Talabi

Faris Irwin Plawecki Townsend

Franz Kelly Roberts, S. Wittenberg

Garrett Lauwers Robinson Zemke

Gay-Dagnogo

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

The House agreed to the full title.

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

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

Second Reading of Bills

House Bill No. 4151, entitled

A bill to repeal 1959 PA 186, entitled “An act to regulate the use of certain spring, gas or air operated handguns and to provide a penalty for violation of this act,” (MCL 752.891 to 752.892).

The bill was read a second time.

Rep. Pettalia moved to amend the bill as follows:

1. Amend page 1, line 2, after the first “effective” by striking out the balance of the enacting section and inserting “July 1, 2015.”.

2. Amend page 1, following line 3, by inserting:

“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:

(a) Senate Bill No. 85.

(b) House Bill No. 4152.

(c) House Bill No. 4153.

(d) House Bill No. 4154.

(e) House Bill No. 4155.

(f) House Bill No. 4156.”.

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

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

The motion prevailed.

House Bill No. 4152, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” by amending section 3t (MCL 8.3t).

The bill was read a second time.

Rep. Sheppard moved to amend the bill as follows:

1. Amend page 1, line 9, after “effect” by striking out the balance of the enacting section and inserting “July 1, 2015.”.

2. Amend page 1, following line 10, by inserting:

“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:

(a) Senate Bill No. 85.

(b) House Bill No. 4151.

(c) House Bill No. 4153.

(d) House Bill No. 4154.

(e) House Bill No. 4155.

(f) House Bill No. 4156.”.

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

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

The motion prevailed.

House Bill No. 4153, entitled

A bill to amend 1952 PA 10, entitled “An act to define the duties of any person who discharges a firearm and thereby injures any person; and to prescribe penalties for violations of the provisions of this act,” by amending section 1 (MCL 752.841).

The bill was read a second time.

Rep. Franz moved to amend the bill as follows:

1. Amend page 1, line 8, after “effect” by striking out the balance of the enacting section and inserting “July 1, 2015.”.

2. Amend page 1, following line 9, by inserting:

“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:

(a) Senate Bill No. 85.

(b) House Bill No. 4151.

(c) House Bill No. 4152.

(d) House Bill No. 4154.

(e) House Bill No. 4155.

(f) House Bill No. 4156.”.

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

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

The motion prevailed.

House Bill No. 4154, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40102, 40111, and 43503 (MCL 324.40102, 324.40111, and 324.43503), section 40102 as amended by 2007 PA 48, section 40111 as amended by 2012 PA 340, and section 43503 as amended by 2012 PA 520.

The bill was read a second time.

Rep. Brett Roberts moved to amend the bill as follows:

1. Amend page 6, line 17, after “effect” by striking out the balance of the enacting section and inserting “July 1, 2015.”.

2. Amend page 6, line 19, by striking out all of enacting section 2 and inserting:

“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:

(a) Senate Bill No. 85.

(b) House Bill No. 4151.

(c) House Bill No. 4152.

(d) House Bill No. 4153.

(e) House Bill No. 4155.

(f) House Bill No. 4156.”.

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

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

The motion prevailed.

House Bill No. 4155, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222, 226, 227b, 227c, 227d, 237a, and 528a (MCL 750.222, 750.226, 750.227b, 750.227c, 750.227d, 750.237a, and 750.528a), section 222 as amended by 2012 PA 242, section 227b as amended by 1990 PA 321, sections 227c and 227d as added by 1981 PA 103, section 237a as added by 1994 PA 158, and section 528a as added by 1986 PA 113.

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

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

Rep. Cole moved to amend the bill as follows:

1. Amend page 12, line 20, after “effect” by striking out the balance of the enacting section and inserting “July 1, 2015.”.

2. Amend page 12, line 22, by striking out all of enacting section 2 and inserting:

“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:

(a) Senate Bill No. 85.

(b) House Bill No. 4151.

(c) House Bill No. 4152.

(d) House Bill No. 4153.

(e) House Bill No. 4154.

(f) House Bill No. 4156.”.

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

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

The motion prevailed.

House Bill No. 4156, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2014 PA 203.

The bill was read a second time.

Rep. Barrett moved to amend the bill as follows:

1. Amend page 4, line 17, after “effect” by striking out the balance of the enacting section and inserting “July 1, 2015.”.

2. Amend page 4, following line 18, by inserting:

“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law:

(a) Senate Bill No. 85.

(b) House Bill No. 4151.

(c) House Bill No. 4152.

(d) House Bill No. 4153.

(e) House Bill No. 4154.

(f) House Bill No. 4155.”.

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

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

The motion prevailed.

______

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

______

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

The motion prevailed.

Introduction of Bills

Reps. Smiley, Dianda, Cochran, Bumstead, Brunner, Phelps, Kivela, LaFontaine, Faris, Schor, Neeley, Clemente and Kosowski introduced

House Bill No. 4239, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111 (MCL 324.40111), as amended by 2012 PA 340.

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

Reps. Howrylak, Cole, Lauwers, LaVoy, Dianda, Kelly, Goike, Yonker, Somerville, Lucido, Johnson, McBroom, Runestad, Courser and Callton introduced

House Bill No. 4240, entitled

A bill to amend 2013 PA 240, entitled “Michigan state capitol historic site act,” by amending section 6 (MCL 4.1946).

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

Reps. Hooker, Howrylak, Crawford, Price, Rendon, Poleski, Goike, Gamrat, Courser, Somerville, Lauwers, Yonker, Cox, Garcia and Johnson introduced

House Bill No. 4241, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17015 and 17515 (MCL 333.17015 and 333.17515), as amended by 2012 PA 499, and by adding section 17015b.

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

Reps. Love, Robinson, LaVoy, Geiss, Moss, Chang, Garrett, Byrd, Gay-Dagnogo, Banks, Townsend, Hovey-Wright, Glenn, Lucido, Bizon and Irwin introduced

House Bill No. 4242, entitled

A bill to amend 2006 PA 250, entitled “Money transmission services act,” (MCL 487.1001 to 487.1047) by adding section 35.

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

Reps. Pettalia, Kelly, Franz, Graves, McBroom, Johnson, Hooker, Rendon and Tedder introduced

House Bill No. 4243, entitled

A bill to designate English as the official state language; to require the use of English in certain documents and at certain public meetings; and to provide the powers and duties of certain state and local agencies and officials.

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

Reps. Pettalia, Kelly, Franz, Graves, McBroom, Kivela, Dianda, Hooker, Rendon and Tedder introduced

House Bill No. 4244, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 73301 (MCL 324.73301), as amended by 2007 PA 174.

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

Reps. Forlini, Chirkun and Lucido introduced

House Bill No. 4245, entitled

A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending sections 7, 9, and 12 (MCL 338.2307, 338.2309, and 338.2312), section 9 as amended by 2013 PA 150.

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

Rep. Farrington introduced

House Bill No. 4246, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 32 (MCL 24.232), as amended by 2011 PA 270.

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

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, February 25:

House Bill Nos. 4225 4226 4227 4228 4229 4230 4231 4232 4233 4234 4235 4236 4237 4238

Senate Bill Nos. 153 154 155 156 157

The Clerk announced that the following Senate bills had been received on Wednesday, February 25:

Senate Bill Nos. 69 70 71

Reports of Standing Committees

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

House Bill No. 4073, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 525 and 529 (MCL 436.1525 and 436.1529), section 525 as amended by 2014 PA 353.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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