No. 56
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2015
House Chamber, Lansing, Thursday, June 4, 2015.
12:00 Noon.
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—excused 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
Fr. David Reamsnyder, Pastor of St. Anthony Catholic Church in Hillsdale, offered the following invocation:
“In the name of the Father, the Son, and the Holy Spirit. Amen.
Almighty God our Heavenly Father, send down upon those who hold office in this State, the spirit of wisdom, charity, and justice; that with steadfast purpose they may faithfully serve in their offices to promote the well-being of all people; through Jesus Christ our Lord. Amen.”
______
Rep. Singh moved that Rep. Neeley be excused from today’s session.
The motion prevailed.
Third Reading of Bills
House Bill No. 4499, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3815 (MCL 600.3815), as amended by 2014 PA 387.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 219 Yeas—104
Afendoulis Forlini Kesto Poleski
Banks Franz Kivela Potvin
Barrett Gamrat Kosowski Price
Bizon Garcia LaFontaine Pscholka
Brinks Garrett Lane Rendon
Brunner Gay-Dagnogo Lauwers Roberts, B.
Bumstead Geiss LaVoy Roberts, S.
Byrd Glardon Leonard Robinson
Callton Glenn Leutheuser Runestad
Canfield Goike Liberati Rutledge
Chang Graves Love Santana
Chatfield Greig Lucido Sheppard
Clemente Greimel Lyons Singh
Cochran Heise Maturen Smiley
Cole Hoadley McBroom Somerville
Cotter Hooker McCready Talabi
Courser Hovey-Wright Miller, A. Tedder
Cox Howrylak Moss Theis
Crawford Hughes Muxlow Townsend
Darany Iden Nesbitt Vaupel
Dianda Inman Outman VerHeulen
Dillon Irwin Pagan Victory
Driskell Jacobsen Pagel Webber
Durhal Jenkins Pettalia Wittenberg
Faris Johnson Phelps Yanez
Farrington Kelly Plawecki Yonker
Nays—5
Chirkun Miller, D. Schor Zemke
Guerra
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.
Reps. Barrett, Byrd, Canfield, Chang, Courser, Dianda, Dillon, Durhal, Franz, Gamrat, Garrett, Gay-Dagnogo, Goike, Hoadley, Hooker, Howrylak, Hughes, Irwin, Johnson, Kelly, Kivela, LaVoy, Leutheuser, Love, Lyons, McBroom, Rendon, Runestad, Singh, Somerville, Tedder, Theis, Townsend, Victory and Yonker were named co‑sponsors of the bill.
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The Speaker called the Speaker Pro Tempore to the Chair.
House Bill No. 4505, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7521 (MCL 333.7521), as amended by 2001 PA 236.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 220 Yeas—103
Afendoulis Forlini Kivela Price
Banks Franz Kosowski Pscholka
Barrett Gamrat LaFontaine Rendon
Bizon Garcia Lane Roberts, B.
Brinks Garrett Lauwers Roberts, S.
Brunner Gay-Dagnogo LaVoy Robinson
Bumstead Geiss Leonard Runestad
Byrd Glardon Leutheuser Rutledge
Callton Glenn Liberati Santana
Canfield Goike Love Schor
Chang Graves Lucido Sheppard
Chatfield Greig Lyons Singh
Clemente Greimel Maturen Smiley
Cochran Hoadley McBroom Somerville
Cole Hooker McCready Talabi
Cotter Hovey-Wright Moss Tedder
Courser Howrylak Muxlow Theis
Cox Hughes Nesbitt Townsend
Crawford Iden Outman Vaupel
Darany Inman Pagan VerHeulen
Dianda Irwin Pagel Victory
Dillon Jacobsen Pettalia Webber
Driskell Jenkins Phelps Wittenberg
Durhal Johnson Plawecki Yanez
Faris Kelly Poleski Yonker
Farrington Kesto Potvin
Nays—6
Chirkun Heise Miller, D. Zemke
Guerra Miller, A.
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. Barrett, Byrd, Canfield, Chang, Chatfield, Courser, Dianda, Durhal, Forlini, Gamrat, Goike, Hoadley, Hovey‑Wright, Irwin, Johnson, Kivela, LaVoy, Love, Lyons, Plawecki, Poleski, Rendon, Robinson, Runestad, Singh, Somerville, Tedder, Theis, Vaupel and VerHeulen were named co‑sponsors of the bill.
House Bill No. 4500, entitled
A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.79c) by adding section 79d.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 221 Yeas—107
Afendoulis Franz Kivela Price
Banks Gamrat Kosowski Pscholka
Barrett Garcia LaFontaine Rendon
Bizon Garrett Lane Roberts, B.
Brinks Gay-Dagnogo Lauwers Roberts, S.
Brunner Geiss LaVoy Robinson
Bumstead Glardon Leonard Runestad
Byrd Glenn Leutheuser Rutledge
Callton Goike Liberati Santana
Canfield Graves Love Schor
Chang Greig Lucido Sheppard
Chatfield Greimel Lyons Singh
Clemente Guerra Maturen Smiley
Cochran Heise McBroom Somerville
Cole Hoadley McCready Talabi
Cotter Hooker Miller, A. Tedder
Courser Hovey-Wright Miller, D. Theis
Cox Howrylak Moss Townsend
Crawford Hughes Nesbitt Vaupel
Darany Iden Outman VerHeulen
Dianda Inman Pagan Victory
Dillon Irwin Pagel Webber
Driskell Jacobsen Pettalia Wittenberg
Durhal Jenkins Phelps Yanez
Faris Johnson Plawecki Yonker
Farrington Kelly Poleski Zemke
Forlini Kesto Potvin
Nays—2
Chirkun Muxlow
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. 4503, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 4710.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 222 Yeas—107
Afendoulis Franz Kivela Price
Banks Gamrat Kosowski Pscholka
Barrett Garcia LaFontaine Rendon
Bizon Garrett Lane Roberts, B.
Brinks Gay-Dagnogo Lauwers Roberts, S.
Brunner Geiss LaVoy Robinson
Bumstead Glardon Leonard Runestad
Byrd Glenn Leutheuser Rutledge
Callton Goike Liberati Santana
Canfield Graves Love Schor
Chang Greig Lucido Sheppard
Chatfield Greimel Lyons Singh
Clemente Guerra Maturen Smiley
Cochran Heise McBroom Somerville
Cole Hoadley McCready Talabi
Cotter Hooker Miller, A. Tedder
Courser Hovey-Wright Miller, D. Theis
Cox Howrylak Moss Townsend
Crawford Hughes Nesbitt Vaupel
Darany Iden Outman VerHeulen
Dianda Inman Pagan Victory
Dillon Irwin Pagel Webber
Driskell Jacobsen Pettalia Wittenberg
Durhal Jenkins Phelps Yanez
Faris Johnson Plawecki Yonker
Farrington Kelly Poleski Zemke
Forlini Kesto Potvin
Nays—2
Chirkun Muxlow
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.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Franz to the Chair.
House Bill No. 4504, entitled
A bill to create the uniform forfeiture reporting act; to require certain reports by reporting agencies regarding seized and forfeited property; to prescribe the powers and duties of certain local and state officials; to provide for certain fees and the expenditure of those fees; to require certain audits; to require certain reports by the department of state police; to provide for the withholding of law enforcement funds under certain circumstances; 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. 223 Yeas—107
Afendoulis Franz Kivela Price
Banks Gamrat Kosowski Pscholka
Barrett Garcia LaFontaine Rendon
Bizon Garrett Lane Roberts, B.
Brinks Gay-Dagnogo Lauwers Roberts, S.
Brunner Geiss LaVoy Robinson
Bumstead Glardon Leonard Runestad
Byrd Glenn Leutheuser Rutledge
Callton Goike Liberati Santana
Canfield Graves Love Schor
Chang Greig Lucido Sheppard
Chatfield Greimel Lyons Singh
Clemente Guerra Maturen Smiley
Cochran Heise McBroom Somerville
Cole Hoadley McCready Talabi
Cotter Hooker Miller, A. Tedder
Courser Hovey-Wright Miller, D. Theis
Cox Howrylak Moss Townsend
Crawford Hughes Nesbitt Vaupel
Darany Iden Outman VerHeulen
Dianda Inman Pagan Victory
Dillon Irwin Pagel Webber
Driskell Jacobsen Pettalia Wittenberg
Durhal Jenkins Phelps Yanez
Faris Johnson Plawecki Yonker
Farrington Kelly Poleski Zemke
Forlini Kesto Potvin
Nays—2
Chirkun Muxlow
In The Chair: Franz
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. 4506, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7524b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 224 Yeas—107
Afendoulis Franz Kivela Price
Banks Gamrat Kosowski Pscholka
Barrett Garcia LaFontaine Rendon
Bizon Garrett Lane Roberts, B.
Brinks Gay-Dagnogo Lauwers Roberts, S.
Brunner Geiss LaVoy Robinson
Bumstead Glardon Leonard Runestad
Byrd Glenn Leutheuser Rutledge
Callton Goike Liberati Santana
Canfield Graves Love Schor
Chang Greig Lucido Sheppard
Chatfield Greimel Lyons Singh
Clemente Guerra Maturen Smiley
Cochran Heise McBroom Somerville
Cole Hoadley McCready Talabi
Cotter Hooker Miller, A. Tedder
Courser Hovey-Wright Miller, D. Theis
Cox Howrylak Moss Townsend
Crawford Hughes Nesbitt Vaupel
Darany Iden Outman VerHeulen
Dianda Inman Pagan Victory
Dillon Irwin Pagel Webber
Driskell Jacobsen Pettalia Wittenberg
Durhal Jenkins Phelps Yanez
Faris Johnson Plawecki Yonker
Farrington Kelly Poleski Zemke
Forlini Kesto Potvin
Nays—2
Chirkun Muxlow
In The Chair: Franz
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 Pro Tempore resumed the Chair.
House Bill No. 4507, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 3841.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 225 Yeas—108
Afendoulis Franz Kivela Potvin
Banks Gamrat Kosowski Price
Barrett Garcia LaFontaine Pscholka
Bizon Garrett Lane Rendon
Brinks Gay-Dagnogo Lauwers Roberts, B.
Brunner Geiss LaVoy Roberts, S.
Bumstead Glardon Leonard Robinson
Byrd Glenn Leutheuser Runestad
Callton Goike Liberati Rutledge
Canfield Graves Love Santana
Chang Greig Lucido Schor
Chatfield Greimel Lyons Sheppard
Clemente Guerra Maturen Singh
Cochran Heise McBroom Smiley
Cole Hoadley McCready Somerville
Cotter Hooker Miller, A. Talabi
Courser Hovey-Wright Miller, D. Tedder
Cox Howrylak Moss Theis
Crawford Hughes Muxlow Townsend
Darany Iden Nesbitt Vaupel
Dianda Inman Outman VerHeulen
Dillon Irwin Pagan Victory
Driskell Jacobsen Pagel Webber
Durhal Jenkins Pettalia Wittenberg
Faris Johnson Phelps Yanez
Farrington Kelly Plawecki Yonker
Forlini Kesto Poleski Zemke
Nays—1
Chirkun
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. 4508, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7521 (MCL 333.7521), as amended by 2001 PA 236.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 226 Yeas—81
Afendoulis Farrington Kivela Pettalia
Banks Forlini Kosowski Phelps
Barrett Gamrat LaFontaine Plawecki
Bizon Garrett Lane Roberts, B.
Brinks Gay-Dagnogo LaVoy Roberts, S.
Brunner Geiss Leonard Robinson
Byrd Goike Leutheuser Rutledge
Callton Greig Liberati Santana
Canfield Greimel Love Schor
Chang Guerra Lucido Sheppard
Chatfield Hoadley Lyons Singh
Clemente Hovey-Wright Maturen Smiley
Cochran Howrylak McBroom Somerville
Cotter Iden McCready Talabi
Courser Irwin Miller, D. Tedder
Crawford Jacobsen Moss Townsend
Darany Jenkins Nesbitt Webber
Dillon Johnson Outman Wittenberg
Driskell Kelly Pagan Yanez
Durhal Kesto Pagel Zemke
Faris
Nays—28
Bumstead Glardon Lauwers Rendon
Chirkun Glenn Miller, A. Runestad
Cole Graves Muxlow Theis
Cox Heise Poleski Vaupel
Dianda Hooker Potvin VerHeulen
Franz Hughes Price Victory
Garcia Inman Pscholka Yonker
In The Chair: Leonard
The House agreed to the title of the bill.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 217, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7dd and 7jj (MCL 211.7dd and 211.7jj[1]), section 7dd as amended by 2013 PA 44 and section 7jj as amended by 2013 PA 42.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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Rep. Nesbitt moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
The Speaker Pro Tempore called Associate Speaker Pro Tempore Franz to the Chair.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, June 4:
House Bill Nos. 4678 4679
Senate Bill Nos. 356 357 359 360 361 362 363 364 365 366
The Clerk announced that the following Senate bill had been received on Thursday, June 4:
Senate Bill No. 328
Reports of Standing Committees
The Committee on Education, by Rep. Price, Chair, reported
House Bill No. 4285, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278d.
With the recommendation that the bill be referred to the Committee on Workforce and Talent Development.
Favorable Roll Call
To Report Out:
Yeas: Reps. Price, Garcia, Callton, Somerville, Yonker, Kelly, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: Reps. Hooker, Chatfield and Tedder
The recommendation was concurred in and the bill was referred to the Committee on Workforce and Talent Development.
The Committee on Education, by Rep. Price, Chair, reported
House Bill No. 4594, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 166b (MCL 388.1766b), as amended by 2012 PA 130.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Price, Garcia, Callton, Hooker, Somerville, Yonker, Kelly, Chatfield, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: None
The Committee on Education, by Rep. Price, Chair, reported
Senate Bill No. 169, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278e.
With the recommendation that the bill be referred to the Committee on Workforce and Talent Development.
Favorable Roll Call
To Report Out:
Yeas: Reps. Price, Garcia, Callton, Somerville, Yonker, Kelly, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: Reps. Hooker, Chatfield and Tedder
The recommendation was concurred in and the bill was referred to the Committee on Workforce and Talent Development.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Price, Chair, of the Committee on Education, was received and read:
Meeting held on: Thursday, June 4, 2015
Present: Reps. Price, Garcia, Callton, Hooker, McBroom, Somerville, Yonker, Kelly, Chatfield, Courser, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Leonard, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, June 4, 2015
Present: Reps. Leonard, Theis, Franz, Goike, Glardon, LaFontaine, Barrett, Runestad, Vaupel, Webber, Cochran, Clemente, Kosowski, Derek Miller and Wittenberg
Absent: Reps. Lyons and Banks
Excused: Reps. Lyons and Banks
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. McBroom, Chair, of the Committee on Oversight and Ethics, was received and read:
Meeting held on: Thursday, June 4, 2015
Present: Reps. McBroom, Howrylak, Graves, Theis, Robinson and Pagan
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Johnson, Chair, of the Committee on Workforce and Talent Development, was received and read:
Meeting held on: Thursday, June 4, 2015
Present: Reps. Johnson, Tedder, Farrington, Price, Lauwers, Crawford, Iden, Brett Roberts, Brinks, Townsend, Geiss, Greig, Liberati and Love
Reports of Special Committees
The Committee on Roads and Economic Development, by Rep. Farrington, Chair, reported
House Bill No. 4605, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2012 PA 223.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Farrington, Pettalia, Pscholka, LaFontaine and Afendoulis
Nays: Reps. Lane and Dianda
The Committee on Roads and Economic Development, by Rep. Farrington, Chair, reported
House Bill No. 4606, 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.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Farrington, Pettalia, Pscholka, LaFontaine and Afendoulis
Nays: Reps. Lane and Dianda
The Committee on Roads and Economic Development, by Rep. Farrington, Chair, reported
House Bill No. 4607, entitled
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 7 and 8 (MCL 12.257 and 12.258), as amended by 2014 PA 504.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Farrington, Pettalia, Pscholka, LaFontaine and Afendoulis
Nays: Reps. Lane and Dianda
The Committee on Roads and Economic Development, by Rep. Farrington, Chair, reported
House Bill No. 4608, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 15.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Farrington, Pettalia, Pscholka, LaFontaine and Afendoulis
Nays: Reps. Lane and Dianda
The Committee on Roads and Economic Development, by Rep. Farrington, Chair, reported
House Bill No. 4609, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 272 (MCL 206.272), as amended by 2011 PA 38.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Farrington, Pettalia, Pscholka, LaFontaine and Afendoulis
Nays: Reps. Lane and Dianda
The Committee on Roads and Economic Development, by Rep. Farrington, Chair, reported
House Bill No. 4610, 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.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Farrington, Pettalia, Pscholka, LaFontaine and Afendoulis
Nays: Reps. Lane and Dianda
The Committee on Roads and Economic Development, by Rep. Farrington, Chair, reported
House Bill No. 4611, 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 section 11c (MCL 247.661c), as amended by 2002 PA 498.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Farrington, Pettalia, Pscholka, LaFontaine and Afendoulis
Nays: Reps. Lane and Dianda
The Committee on Roads and Economic Development, by Rep. Farrington, Chair, reported
House Bill No. 4612, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2012 PA 498.
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. Farrington, Pettalia, Pscholka, LaFontaine and Afendoulis
Nays: Reps. Lane and Dianda
The Committee on Roads and Economic Development, by Rep. Farrington, Chair, reported
House Bill No. 4613, 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 10, 11, 12, 13, and 14 (MCL 247.660, 247.661, 247.662, 247.663, and 247.664), section 10 as amended by 2007 PA 210, 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.
With the recommendation that the substitute (H-3) 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. Farrington, Pettalia, Pscholka, LaFontaine, Afendoulis, Lane and Dianda
Nays: None
The Committee on Roads and Economic Development, by Rep. Farrington, Chair, reported
House Bill No. 4614, entitled
A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” by amending sections 3 and 5 (MCL 205.173 and 205.175).
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Farrington, Pettalia, Pscholka, LaFontaine and Afendoulis
Nays: Reps. Lane and Dianda
The Committee on Roads and Economic Development, by Rep. Farrington, Chair, reported
House Bill No. 4615, entitled
A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 8, 22, 40, 45, 53, 63, 122, 151, 152, 153, 154, and 155 (MCL 207.1002, 207.1008, 207.1022, 207.1040, 207.1045, 207.1053, 207.1063, 207.1122, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155), sections 2 and 122 as amended by 2002 PA 668 and section 8 as amended by 2006 PA 268.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Farrington, Pettalia, Pscholka, LaFontaine and Afendoulis
Nays: Reps. Lane and Dianda
The Committee on Roads and Economic Development, by Rep. Farrington, Chair, reported
House Bill No. 4616, entitled
A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 1, 2, 2a, 4, 5, 6a, 8, 9, and 10 (MCL 207.211, 207.212, 207.212a, 207.214, 207.215, 207.216a, 207.218, 207.219, and 207.220), section 1 as amended by 2002 PA 667, sections 2 and 4 as amended by 2006 PA 346, section 2a as added by 1994 PA 353, section 5 as amended and section 6a as added by 1996 PA 584, and section 8 as amended by 2006 PA 449.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Farrington, Pettalia, Pscholka, LaFontaine and Afendoulis
Nays: Reps. Lane and Dianda
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Farrington, Chair, of the Committee on Roads and Economic Development, was received and read:
Meeting held on: Wednesday, June 3, 2015
Present: Reps. Farrington, Pettalia, Pscholka, LaFontaine, Afendoulis, Lane and Dianda
Messages from the Senate
Senate Bill No. 328, entitled
A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” by amending section 8 (MCL 28.8).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Concurrent Resolution No. 15.
A concurrent resolution to waive the legislative notice requirement for increases in rates of compensation for certain employees in the state classified service.
Whereas, The Constitution of the State of Michigan of 1963 provides in Article XI, Section 5:
“Increases in rates of compensation authorized by the commission may be effective only at the start of a fiscal year and shall require prior notice to the governor, who shall transmit such increases to the legislature as part of his budget. The legislature may, by a majority vote of the members elected to and serving in each house, waive the notice and permit increases in rates of compensation to be effective at a time other than the start of a fiscal year.”
; and
Whereas, As a result of recently completed negotiations, a settlement has been reached on a three-year contract between the state and the Michigan State Police Troopers Association regarding compensation and other terms and conditions of employment. This settlement, which will be effective for fiscal year 2014-2015 and fiscal year 2015-2016, was reached past the time when the governor could transmit the increase as part of the budget; and
Whereas, The State Personnel Director, with the consent of the chair of the Civil Service Commission, granted interim approval of the collective bargaining agreement on May 15, 2015; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That, pursuant to Article XI, Section 5 of the Constitution of the State of Michigan of 1963, the Michigan Legislature waives the prior notice requirement to permit increases in rates of compensation for certain members of the Department of State Police as set in the contract settled between the Michigan State Police Troopers Association and the state and the Civil Service Commission; and be it further
Resolved, That copies of this resolution be transmitted to the Civil Service Commission.
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Committee on Appropriations.
Messages from the Governor
Date: June 3, 2015
Time: 3:42 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4054 (Public Act No. 40, I.E.), being
An act to amend 1987 PA 96, entitled “An act to create a mobile home commission; to prescribe its powers and duties and those of local governments; to provide for a mobile home code and the licensure, regulation, construction, operation, and management of mobile home parks, the licensure and regulation of retail sales dealers, warranties of mobile homes, and service practices of dealers; to provide for the titling of mobile homes; to prescribe the powers and duties of certain agencies and departments; to provide remedies and penalties; to declare the act to be remedial; to repeal this act on a specific date; and to repeal certain acts and parts of acts,” by amending sections 2, 4, 16, 17, 43, and 48 (MCL 125.2302, 125.2304, 125.2316, 125.2317, 125.2343, and 125.2348), section 2 as amended by 2012 PA 588, sections 4, 16, and 17 as amended by 2006 PA 328, and section 43 as added by 1988 PA 337, and by adding sections 48b and 50.
(Filed with the Secretary of State June 3, 2015, at 4:36 p.m.)
Date: June 3, 2015
Time: 3:37 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4017 (Public Act No. 41, I.E.), being
An act to amend 2000 PA 92, entitled “An act to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts,” (MCL 289.1101 to 289.8111) by amending the title and by adding section 5104.
(Filed with the Secretary of State June 3, 2015, at 4:38 p.m.)
Introduction of Bills
Reps. Pagel, Kelly, Canfield, Heise, Howrylak, Kosowski, Webber and Durhal introduced
House Bill No. 4680, entitled
A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending section 6 (MCL 800.326), as amended by 2012 PA 261.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Dianda, Robinson, Singh, Pagan, Durhal, Plawecki and Chirkun introduced
House Bill No. 4681, entitled
A bill to authorize certain local governmental entities to collect user fees for public services that are underfunded under certain circumstances; to provide for the disbursement of the user fees; and to provide for the powers and duties of certain state and local governmental officers and entities.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Kosowski introduced
House Bill No. 4682, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 43536b.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Rep. Dianda introduced
House Bill No. 4683, entitled
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending section 6s (MCL 460.6s), as added by 2008 PA 286.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Rep. Schor introduced
House Bill No. 4684, 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 section 10 (MCL 247.660), as amended by 2007 PA 210.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Rep. Poleski introduced
House Bill No. 4685, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2013 PA 1.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Santana, Durhal, Byrd, Gay-Dagnogo, Banks and Garrett introduced
House Bill No. 4686, entitled
A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2a (MCL 691.1402a), as amended by 2012 PA 50.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Zemke, Price, Yonker and Kelly introduced
House Bill No. 4687, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531 (MCL 380.1531), as amended by 2007 PA 32.
The bill was read a first time by its title and referred to the Committee on Education.
______
Rep. Kosowski moved that the House adjourn.
The motion prevailed, the time being 1:35 p.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Tuesday, June 9, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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