No. 72

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Wednesday, September 16, 2015.

1:30 p.m.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Franz—present Kosowski—present Potvin—present

e/d/s = entered during session

Rev. Msgr. Bernard Reilly, Pastor of St. Mary Cathedral Catholic Church in Lansing, offered the following invocation:

“Almighty and eternal God,

You have revealed Your glory to all nations.

God of power and might, wisdom and justice,

through You authority is rightly administered,

laws are enacted, and judgment is decreed.

Assist with Your spirit of counsel and fortitude

these Representatives

that their service may be conducted in righteousness,

and be eminently useful for all the citizens of this State.

May they encourage due respect for virtue and religion.

Let the light of Your divine wisdom direct their deliberations

and shine forth in all their proceedings.

May their efforts continue to bring us the blessings of liberty and equality.

We pray to You Who are Lord and God,

for ever and ever.

Amen.”

______

The Speaker assumed the Chair.

______

Rep. Singh moved that Reps. Clemente, Neeley and Rutledge be excused from today’s session.

The motion prevailed.

Rep. Nesbitt moved that Rep. Muxlow be excused from today’s session.

The motion prevailed.

Motions and Resolutions

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 146.

A resolution of tribute offered as a memorial for Neal Nitz, former member of the House of Representatives.

Whereas, The members of the House of Representatives were deeply saddened to learn of the passing of our former colleague, Neal Nitz. He will be remembered for his exemplary service to the people of the Seventy-eighth District, Southwest Michigan, and of the entire state. He was always steadfast in his duties and upright in his manner in the Legislature; and

Whereas, A lifelong resident of Baroda, Neal Nitz eventually followed in the family tradition of agricultural work. He was a third-generation farmer who cultivated the land and grew fruits, nuts, and grains. Aiding him in this work, he obtained a degree in applied sciences from Southwestern Michigan College. He was actively involved in the National Grape Co-Op as an elected official and the Berrien County Farm Bureau as a member, board member, and president. Aside from his agricultural pursuits, Neal Nitz diligently served his community in myriad ways. He sat on both the Southwestern Michigan Tourist Council and the Berrien County Planning Commission, and aided his community through work in the Baroda Lions Club. In addition, he was a member of the Berrien County Board of Commissioners from 1993 to 2002; and

Whereas, Continuing his pattern of service, Neal Nitz earned election to the House of Representatives in 2002, 2004, and 2006. Over his three terms of service, he distinguished himself as a hard-working legislator who openly explained his stance on tough issues. He also continued his support of agricultural interests in the Legislature, serving on the Agriculture Committee, including a stint as chair of that committee. Active in other policy arenas, he was a member of the Conservation, Forestry, and Outdoor Recreation; Energy and Technology; and Transportation committees. In all his efforts, he worked to advance better public policy for residents of his district and those across the state; and

Whereas, Neal Nitz was a dedicated public servant until the very end, returning to the Berrien County Board of Commissioners in 2013 where he served until his passing. Practical and of good sense, he was an honorable legislator committed to serving the people of Michigan; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Neal Nitz, a member of this legislative body from 2003 to 2008; and be it further

Resolved, That copies of this resolution be transmitted to the Nitz family as evidence of our lasting esteem for his memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 147.

A resolution of tribute offered as a memorial for James A. Plakas, former member of the House of Representatives.

Whereas, The members of this legislative body were saddened to learn of the passing of former Representative James A. Plakas. Active in the Democratic Party since 1957, his honorable history as a public servant is well worth remembering, as it included many years as an advocate for Garden City locally and as a member of the House of Representatives. He had an impact on and understanding of his community that were greatly appreciated; and

Whereas, James Plakas earned a master’s degree in mechanical engineering from Lawrence Technological University and also completed the Ford Engineering Program at Henry Ford Community College on his way to a 40-year career as a product design engineer for Ford Motor Company. Serving his country as a member of the U.S. Army’s Counter Intelligence Corps in the Korean War, Plakas also dedicated a good part of his life to public service to his city and state. He sat on the Garden City Council for 19 years, the last two as mayor. Stints as the chairman of the Central Wayne Sanitation Authority, member of the Nankin Transit Commission, and member of the Schoolcraft Community College Advisory Board-Radcliff Center, are examples of his willingness to share his time and talents for the public good. In recognition of his dedication to public service, Plakas received the Ford Motor Co. National Award for Community Service; and

Whereas, In 2000, James Plakas was elected to the first of his three terms in the House of Representatives, representing the district comprising Garden City, Inkster, and part of Wayne County. He served on the Appropriations Committee all three terms. Plakas brought experience and vigor to his subcommittee work focused on agriculture, education, and transportation. Later, he was appointed to the Gaming Control Board by Governor Granholm where he served with distinction for two years; and

Whereas, James Plakas distinguished himself as a dedicated public servant, a successful engineer, and a loving family man during his lifetime. His honorable service to our state will not be forgotten; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of James A. Plakas, a member of this legislative body from 2001 to 2006; and be it further

Resolved, That copies of this resolution be transmitted to the Plakas family as evidence of our lasting esteem for his memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

The Speaker laid before the House

House Resolution No. 143.

A resolution to declare September 2015 as Chiari Awareness Month in the state of Michigan.

(The resolution was introduced and postponed for the day on September 10, see House Journal No. 70, p. 1614.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Resolution No. 144.

A resolution to urge the President of the United States and Congress to support the National Breast Cancer Coalition’s goal of knowing how to end breast cancer by 2020.

(The resolution was introduced and postponed for the day on September 10, see House Journal No. 70, p. 1614.)

The question being on the adoption of the resolution,

Rep. Nesbitt moved that the resolution be referred to the Committee on Health Policy.

The motion prevailed.

Reps. Garcia, Santana, Rendon, Hughes, Bizon, Muxlow, Pagel, Goike, Inman, VerHeulen, Glenn, Afendoulis, Victory, Robinson, Yonker, Singh, Brett Roberts, Sheppard, Iden, Pscholka, Webber, Maturen, Crawford, Cox, McCready, Heise, Vaupel, Jenkins, Kelly, Bumstead, Cole, Callton, Price, Jacobsen, Johnson, Outman, Lyons, Kivela, Schor, Moss, Brinks, Hovey-Wright, LaVoy, Love, Wittenberg, Neeley, Derek Miller, Gay-Dagnogo, Geiss, Plawecki, Zemke, Guerra, Yanez, Dianda, Irwin, Chirkun, Garrett, Durhal, Faris, Hoadley and Somerville offered the following resolution:

House Resolution No. 148.

A resolution to declare September 15-October 15, 2015, as Hispanic Heritage Month in the state of Michigan.

Whereas, Hispanic Heritage Month celebrates the long and important presence of Hispanic and Latino Americans in North America, starting with the discovery of America by Christopher Columbus on October 12, 1492; and

Whereas, This month represents the anniversary of independence for Chile, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, and Nicaragua; and

Whereas, Each year, Americans observe National Hispanic Heritage Month from September 15 to October 15, by celebrating the histories, cultures and contributions of American citizens whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America; and

Whereas, Each year, the United States recognizes the economic, cultural, and social contributions that Spanish-speaking peoples have brought to our nation including the gifts of law, religion, agriculture, art, music, education, technology, architecture, cuisine, theater, and exploration; and

Whereas, Time and again throughout our nation’s history, Hispanic-Americans have faithfully defended the principles of freedom and a representative government; and

Whereas, 18th-century North America had a Hispanic presence, from the small outpost of San Francisco founded in the desolate wilderness of Alta California in 1776, through the Spanish province of Texas with its vaqueros (cowboys), to the fortress of St. Augustine, Florida, the first continuous European settlement in North America which was founded in 1565, long before Jamestown, Virginia; and

Whereas, Hispanic Heritage Week was approved by president Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to cover a 30-day period (September 15 - October 15), and enacted into law on August 17, 1988 as Public Law 100-402; and

Whereas, Michigan is fortunate to count among its population a large concentration of citizens of Spanish and Latin American descent, including those who have lived in Michigan for generations and those who are new to the Great Lakes State, who contribute to Michigan’s economy and society through their commitment to professions, commerce, family, and the arts; and

Whereas, During the month spanning from September 15 through October 15, Michigan’s Hispanic-American community will celebrate Hispanic Heritage Month through a series of special programs featuring Hispanic history, food, dance, and art; and

Whereas, September 15 is starting point for the celebration because it is the anniversary of independence of five Latin American countries: Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua, when they all declared independence in 1821; and

Whereas, Mexico, Chile, and Belize celebrate their independence days on September 16, September 18, and September 21, respectively; and

Whereas, National Hispanic Heritage Month is the period of time in the United States, when people recognize the contributions of Hispanic and Latino Americans to the United States and celebrate these people’s varied heritage, background, and culture; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 15-October 15, 2015, as Hispanic Heritage Month in the state of Michigan. This month coincides with National Hispanic Heritage Month. We encourage all citizens to recognize and applaud the many contributions made by these individuals to enhance the quality of life in this state; and be it further

Resolved, That we encourage all sectors in our state to honor and commemorate the above-listed historical events of liberation in Mexico, Central America, South America, and the Caribbean, as part of the celebrating and recognizing of the history, cultures, and contributions of Hispanics in the U.S. and its territories; and be it further

Resolved, That copies of this resolution be transmitted to appropriate officials of high standing in the state and to representatives of the Hispanic community as enduring testimony of the high esteem in which the ancestors and descendants of Hispanics are held by the Michigan Legislature.

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

House Bill No. 4438, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744a (MCL 333.17744a), as added by 2013 PA 186, and by adding section 17744d.

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

Roll Call No. 297 Yeas—103

Afendoulis Garcia Kosowski Price

Banks Garrett LaFontaine Pscholka

Barrett Gay-Dagnogo Lane Rendon

Bizon Geiss Lauwers Roberts, B.

Brinks Glardon LaVoy Roberts, S.

Brunner Glenn Leonard Robinson

Bumstead Goike Leutheuser Runestad

Byrd Graves Liberati Santana

Callton Greig Love Schor

Canfield Greimel Lucido Sheppard

Chang Guerra Lyons Singh

Chatfield Heise Maturen Smiley

Chirkun Hoadley McBroom Somerville

Cochran Hooker McCready Talabi

Cole Hovey-Wright Miller, A. Tedder

Cotter Howrylak Miller, D. Theis

Cox Hughes Moss Townsend

Crawford Iden Nesbitt Vaupel

Darany Inman Outman VerHeulen

Dianda Irwin Pagan Victory

Driskell Jacobsen Pagel Webber

Durhal Jenkins Pettalia Wittenberg

Faris Johnson Phelps Yanez

Farrington Kelly Plawecki Yonker

Forlini Kesto Poleski Zemke

Franz Kivela Potvin

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 Associate Speaker Pro Tempore Franz to the Chair.

House Bill No. 4563, entitled

A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 110c (MCL 41.110c), as added by 1989 PA 77.

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

Roll Call No. 298 Yeas—103

Afendoulis Garcia Kosowski Price

Banks Garrett LaFontaine Pscholka

Barrett Gay-Dagnogo Lane Rendon

Bizon Geiss Lauwers Roberts, B.

Brinks Glardon LaVoy Roberts, S.

Brunner Glenn Leonard Robinson

Bumstead Goike Leutheuser Runestad

Byrd Graves Liberati Santana

Callton Greig Love Schor

Canfield Greimel Lucido Sheppard

Chang Guerra Lyons Singh

Chatfield Heise Maturen Smiley

Chirkun Hoadley McBroom Somerville

Cochran Hooker McCready Talabi

Cole Hovey-Wright Miller, A. Tedder

Cotter Howrylak Miller, D. Theis

Cox Hughes Moss Townsend

Crawford Iden Nesbitt Vaupel

Darany Inman Outman VerHeulen

Dianda Irwin Pagan Victory

Driskell Jacobsen Pagel Webber

Durhal Jenkins Pettalia Wittenberg

Faris Johnson Phelps Yanez

Farrington Kelly Plawecki Yonker

Forlini Kesto Poleski Zemke

Franz Kivela Potvin

Nays—0

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. 4658, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 6096.

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

Roll Call No. 299 Yeas—102

Afendoulis Garcia Kosowski Potvin

Banks Garrett LaFontaine Price

Barrett Gay-Dagnogo Lane Pscholka

Bizon Geiss Lauwers Rendon

Brinks Glardon LaVoy Roberts, B.

Brunner Glenn Leonard Roberts, S.

Bumstead Goike Leutheuser Runestad

Byrd Graves Liberati Santana

Callton Greig Love Schor

Canfield Greimel Lucido Sheppard

Chang Guerra Lyons Singh

Chatfield Heise Maturen Smiley

Chirkun Hoadley McBroom Somerville

Cochran Hooker McCready Talabi

Cole Hovey-Wright Miller, A. Tedder

Cotter Howrylak Miller, D. Theis

Cox Hughes Moss Townsend

Crawford Iden Nesbitt Vaupel

Darany Inman Outman VerHeulen

Dianda Irwin Pagan Victory

Driskell Jacobsen Pagel Webber

Durhal Jenkins Pettalia Wittenberg

Faris Johnson Phelps Yanez

Farrington Kelly Plawecki Yonker

Forlini Kesto Poleski Zemke

Franz Kivela

Nays—1

Robinson

In The Chair: Franz

The House agreed to the title of the bill.

Rep. Yonker 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

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 Friday, September 11:

House Bill Nos. 4860 4861 4862 4863 4864

Senate Bill Nos. 469 470 471 472 473 474 475 476 477 478 479 480 481 482

483 484 485 486 487 488 489 490

Reports of Standing Committees

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

Senate Bill No. 134, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 18a, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22f, 22i, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 98, 99, 99h, 102, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 254, 255, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, and 281 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1622i, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1664b, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699h, 388.1702, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1817, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1854, 388.1855, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, and 388.1881), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 20g, 21f, 22d, 22f, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, and 281 as amended and sections 11r, 43, 64b, 95a, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 102, 244, and 258 as amended by 2013 PA 60, and sections 226, 254, and 255 as amended by 2012 PA 201, and by adding sections 31h, 35, 35a, 35b, 35d, 35e, 35f, 55, 61b, 67, 77, 99c, 102a, 102b, 102c, 102d, 104d, 210c, 210d, 215, and 230a; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Pscholka, Bumstead, Jenkins, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Inman, Aaron Miller, Santana, Irwin, Sarah Roberts, Banks, Zemke, Hoadley and Pagan

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 16, 2015

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

Absent: Reps. Muxlow, Singh, Yanez and Durhal

Excused: Reps. Muxlow, Singh, Yanez and Durhal

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

House Bill No. 4647, entitled

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

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, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, LaVoy and Byrd

Nays: Rep. Townsend

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

House Bill No. 4648, entitled

A bill to establish the Boy Scouts of Michigan fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, LaVoy and Byrd

Nays: Rep. Townsend

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

House Bill No. 4817, entitled

A bill to establish the Michigan junior achievement fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, LaVoy and Byrd

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

House Bill No. 4818, entitled

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

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, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, LaVoy and Byrd

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 16, 2015

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

Absent: Rep. Clemente

Excused: Rep. Clemente

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

House Bill No. 4581, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 205 (MCL 436.1205), as amended by 2010 PA 213.

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. Franz, Brett Roberts, Yonker, Kesto, Lauwers, Crawford, Garcia, Iden, Dianda, Darany, Lane, Schor, Chirkun and Moss

Nays: None

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

House Bill No. 4598, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16326 and part 171.

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

Nays: None

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

House Bill No. 4636, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1202 (MCL 500.1202), as amended by 2014 PA 150.

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. Franz, Brett Roberts, Kesto, Lauwers, Crawford, Garcia, Iden, Dianda, Darany, Lane, Schor, Chirkun and Moss

Nays: Rep. Yonker

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 16, 2015

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 16, 2015

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

Absent: Rep. Byrd

Excused: Rep. Byrd

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 16, 2015

Present: Reps. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Gay-Dagnogo and Love

Absent: Reps. Yanez and Clemente

Excused: Reps. Yanez and Clemente

Communications from State Officers

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

September 9, 2015

In accordance with MCL 333.7524a, I am pleased to present to the Michigan Legislature the 23rd annual Asset Forfeiture Report. Michigan’s drug asset forfeiture program focuses on the seizure of cash and property assets of drug traffickers, obtained through illegal activity. Through this program, Michigan’s law enforcement community maintains its ability to systematically dismantle criminal enterprise and protect our citizens by interrupting the dangerous cycle of profiteering which results from the trafficking of illegal drugs in our communities.

During 2014, over $20.4 million in cash and assets amassed by drug traffickers was forfeited. Extensive multi-agency coordination is evident in this report and, as a result, considerable assets were obtained through the joint enforcement efforts of agencies at the federal, state, and local levels.

Asset forfeiture funds were used to enhance law enforcement by providing resources for personnel, equipment, canine expenses, prevention programs, and matching funds to obtain federal grants. Assets seized pursuant to this program also allowed some agencies to contribute monies to non-profit organizations that assist in obtaining information from citizens for solving crimes.

I commend our law enforcement community for the tremendous job they have done and submit this report for your information and review.

Sincerely,

Kriste Etue

Director

The communication was referred to the Clerk.

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

Notices of Filing

Administrative Rules

September 15, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-008-LR (Secretary of State Filing #15-09-01) on this date at 4:00 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Workers’ Compensation Health Care Services”.

These rules become effective immediately upon filing with the Secretary of State.

September 15, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-043-NR (Secretary of State Filing #15-09-02) on this date at 4:01 P.M. for the Department of Natural Resources, entitled “Watercraft Rented to Public”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

September 15, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-116-LR (Secretary of State Filing #15-09-03) on this date at 4:01 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Board of Physical Therapy – General Rules”.

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

September 15, 2015

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-113-LR (Secretary of State Filing #15-09-04) on this date at 4:01 P.M. for the Department of Licensing and Regulatory Affairs, entitled “Psychology – General Rules”.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Rep. Kosowski introduced

House Bill No. 4865, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ff.

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

Reps. Heise, Singh, Darany and Hughes introduced

House Bill No. 4866, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 69b.

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

Rep. Heise introduced

House Bill No. 4867, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17f of chapter XVII (MCL 777.17f), as amended by 2012 PA 611.

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

Reps. Heise, Singh, Darany and Hughes introduced

House Bill No. 4868, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 3 (MCL 259.3), as amended by 2002 PA 35, and by adding section 98.

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

Reps. Schor, Kelly, Zemke and Callton introduced

House Bill No. 4869, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1307a (MCL 600.1307a), as amended by 2012 PA 69.

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

Reps. Runestad, Johnson, Chatfield, Rendon, Santana, Chirkun, Barrett, Glenn and Robinson introduced

House Bill No. 4870, entitled

A bill to prohibit certain acts by certain state and local governmental officers and entities at voluntary checkpoints and stops under certain circumstances.

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

Reps. Howrylak, Dianda, Goike, Kelly, Robinson, Pagan, Faris, Victory, Somerville, Leutheuser, Lucido, Glenn, Zemke, LaVoy and Lauwers introduced

House Bill No. 4871, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 520 (MCL 206.520), as amended by 2011 PA 273.

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

Reps. Plawecki, Guerra, Geiss, Derek Miller, Pagan and Schor introduced

House Bill No. 4872, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2015 PA 85.

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

Reps. Plawecki, Greig, Chirkun, Guerra, Geiss, Derek Miller, Pagan and Schor introduced

House Bill No. 4873, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2015 PA 85.

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

Rep. Leonard introduced

House Bill No. 4874, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4a.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 62, entitled

A bill to amend 1937 PA 103, entitled “An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds,” by amending section 3 (MCL 565.203).

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

Roll Call No. 300 Yeas—101

Afendoulis Garcia Kosowski Potvin

Banks Garrett LaFontaine Price

Barrett Gay-Dagnogo Lane Pscholka

Bizon Geiss Lauwers Rendon

Brinks Glardon LaVoy Roberts, B.

Brunner Glenn Leonard Roberts, S.

Bumstead Goike Leutheuser Runestad

Byrd Graves Liberati Santana

Callton Greig Love Schor

Canfield Greimel Lucido Sheppard

Chang Guerra Lyons Singh

Chatfield Heise Maturen Smiley

Chirkun Hoadley McBroom Somerville

Cochran Hooker McCready Talabi

Cole Hovey-Wright Miller, A. Tedder

Cotter Hughes Miller, D. Theis

Cox Iden Moss Townsend

Crawford Inman Nesbitt Vaupel

Darany Irwin Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Wittenberg

Faris Kelly Phelps Yanez

Farrington Kesto Plawecki Yonker

Forlini Kivela Poleski Zemke

Franz

Nays—2

Howrylak Robinson

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.

Second Reading of Bills

House Bill No. 4604, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 9115a (MCL 324.9115a), as added by 2005 PA 56.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4790, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2015 PA 85.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 281, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8322 (MCL 600.8322), as amended by 2005 PA 326.

The bill was read a second time.

Rep. Banks moved to amend the bill as follows:

1. Amend page 2, line 11, after “OFFICE” by inserting a comma and “UNLESS THE INABILITY ARISES FROM 1 OR MORE HEALTH ISSUES,”.

2. Amend page 3, line 8, after “OFFICE” by inserting a comma and “UNLESS THE INABILITY ARISES FROM 1 OR MORE HEALTH ISSUES,”.

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

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

The motion prevailed.

Senate Bill No. 134, entitled

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

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Nesbitt moved that Senate Bill No. 281 be placed on its immediate passage.

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

Senate Bill No. 281, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8322 (MCL 600.8322), as amended by 2005 PA 326.

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

Roll Call No. 301 Yeas—67

Afendoulis Geiss LaFontaine Price

Barrett Glardon Lauwers Pscholka

Bizon Glenn LaVoy Rendon

Brinks Goike Leonard Roberts, B.

Bumstead Graves Leutheuser Robinson

Callton Heise Lucido Runestad

Canfield Hooker Lyons Santana

Chatfield Howrylak Maturen Sheppard

Cole Hughes McBroom Somerville

Cotter Iden McCready Tedder

Cox Inman Miller, A. Theis

Crawford Jacobsen Nesbitt Vaupel

Driskell Jenkins Outman VerHeulen

Farrington Johnson Pagel Victory

Forlini Kelly Pettalia Webber

Franz Kesto Poleski Yonker

Garcia Kivela Potvin

Nays—36

Banks Faris Kosowski Roberts, S.

Brunner Garrett Lane Schor

Byrd Gay-Dagnogo Liberati Singh

Chang Greig Love Smiley

Chirkun Greimel Miller, D. Talabi

Cochran Guerra Moss Townsend

Darany Hoadley Pagan Wittenberg

Dianda Hovey-Wright Phelps Yanez

Durhal Irwin Plawecki Zemke

In The Chair: Franz

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

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

The House agreed to the full title.

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

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

______

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

The motion prevailed.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Select Committee to Examine the Qualifications of Representatives Cindy Gamrat and Todd Courser from further consideration of House Resolution No. 137.

Rep. McBroom

______

Rep. Hovey-Wright moved that the House adjourn.

The motion prevailed, the time being 4:15 p.m.

Associate Speaker Pro Tempore Franz declared the House adjourned until Thursday, September 17, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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