No. 73

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Thursday, September 17, 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 Garcia—present LaFontaine—present Price—present

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

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

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

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

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

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

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

Lt. Joseph Roach, Chaplain of United States Coast Guard in Sector Detroit, offered the following invocation:

“Eternal Father, Strong to save, we come before You this afternoon to give thanks and to honor those who’ve given their lives in sacrifice to our country in the United States Coast Guard. These men and women demonstrate what ‘greater love’ truly is- and that is to lay one’s life down for another.

Gracious God, may the humanitarian work of the Coast Guard, always be rewarded with success, —- so that their sacrifices shall never have been in vain.

Lord, as we offer this invocation in honor these GREAT AMERICAN HEROES, grant us the grace to live lives worthy of their sacrifice. For the price was and is very great. And may we never fail to remember the awesome safety and freedoms which we enjoy because many served even unto death, while others continue to serve today.

We pray now for the success of this legislative body, and ask Your blessings upon all who are here today. AMEN.”

______

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

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Rep. Singh moved that Reps. Banks, Clemente, Durhal, Gay-Dagnogo, Neeley and Rutledge be excused from today’s session.

The motion prevailed.

Third 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.

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

Roll Call No. 302 Yeas—66

Afendoulis Garcia Lauwers Potvin

Barrett Glardon LaVoy Price

Bizon Glenn Leonard Pscholka

Brunner Goike Leutheuser Rendon

Bumstead Graves Lucido Roberts, B.

Callton Heise Lyons Runestad

Canfield Hooker Maturen Sheppard

Chatfield Howrylak McBroom Somerville

Cole Hughes McCready Tedder

Cotter Iden Miller, A. Theis

Cox Inman Muxlow Vaupel

Crawford Jacobsen Nesbitt VerHeulen

Dianda Jenkins Outman Victory

Driskell Johnson Pagel Webber

Farrington Kelly Pettalia Yanez

Forlini Kesto Poleski Yonker

Franz LaFontaine

Nays—35

Brinks Greig Liberati Santana

Byrd Greimel Love Schor

Chang Guerra Miller, D. Singh

Chirkun Hoadley Moss Smiley

Cochran Hovey-Wright Pagan Talabi

Darany Irwin Phelps Townsend

Faris Kivela Plawecki Wittenberg

Garrett Kosowski Roberts, S. Zemke

Geiss Lane 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.

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.

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

Roll Call No. 303 Yeas—101

Afendoulis Geiss Lane Price

Barrett Glardon Lauwers Pscholka

Bizon Glenn LaVoy Rendon

Brinks Goike Leonard Roberts, B.

Brunner Graves Leutheuser Roberts, S.

Bumstead Greig Liberati Robinson

Byrd Greimel Love Runestad

Callton Guerra Lucido Santana

Canfield Heise Lyons Schor

Chang Hoadley Maturen Sheppard

Chatfield Hooker McBroom Singh

Chirkun Hovey-Wright McCready Smiley

Cochran Howrylak Miller, A. Somerville

Cole Hughes Miller, D. Talabi

Cotter Iden Moss Tedder

Cox Inman Muxlow Theis

Crawford Irwin Nesbitt Townsend

Darany Jacobsen Outman Vaupel

Dianda Jenkins Pagan VerHeulen

Driskell Johnson Pagel Victory

Faris Kelly Pettalia Webber

Farrington Kesto Phelps Wittenberg

Forlini Kivela Plawecki Yanez

Franz Kosowski Poleski Yonker

Garcia LaFontaine Potvin Zemke

Garrett

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.

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.

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

Roll Call No. 304 Yeas—99

Afendoulis Garrett Lane Price

Barrett Geiss Lauwers Pscholka

Bizon Glardon LaVoy Rendon

Brinks Glenn Leonard Roberts, B.

Brunner Goike Leutheuser Roberts, S.

Bumstead Graves Liberati Runestad

Byrd Greig Love Santana

Callton Greimel Lucido Schor

Canfield Guerra Lyons Sheppard

Chang Heise Maturen Singh

Chatfield Hoadley McBroom Smiley

Chirkun Hooker McCready Somerville

Cochran Hovey-Wright Miller, A. Talabi

Cole Hughes Miller, D. Tedder

Cotter Iden Moss Theis

Cox Inman Muxlow Townsend

Crawford Irwin Nesbitt Vaupel

Darany Jacobsen Outman VerHeulen

Dianda Jenkins Pagan Victory

Driskell Johnson Pagel Webber

Faris Kelly Pettalia Wittenberg

Farrington Kesto Phelps Yanez

Forlini Kivela Plawecki Yonker

Franz Kosowski Poleski Zemke

Garcia LaFontaine Potvin

Nays—2

Howrylak Robinson

In The Chair: Franz

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

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

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 6, 11, 21f, 31a, 32d, and 107 (MCL 388.1606, 388.1611, 388.1621f, 388.1631a, 388.1632d, and 388.1707), section 6 as amended by 2014 PA 196 and sections 11, 21f, 31a, 32d, and 107 as amended by 2015 PA 85.

The motion prevailed.

The House agreed to the title as amended.

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

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

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

“Mr. Speaker and members of the House:

I am concerned about using lapsed money for this purpose when there is a pre-existing need for additional foundation allowance funding for school districts, particularly those in urban and suburban districts in our state. Additionally, with the huge retirement obligations that are facing our state’s school districts, it is imperative that we use great effort to further trim that unfunded liability.”

Second Reading of Bills

Senate Bill No. 64, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20155, 21703, and 21734 (MCL 333.20155, 333.21703, and 333.21734), section 20155 as amended by 2012 PA 322 and section 21734 as added by 2000 PA 437.

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

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

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

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

Rep. Wittenberg moved to amend the bill as follows:

1. Amend page 21, following line 19, by inserting:

“(33) IF A PEER-REVIEWED, EVIDENCE-BASED, NATIONALLY RECOGNIZED CLINICAL PROCESS GUIDELINE CONFLICTS WITH A GUIDELINE PROVIDED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES, THE GUIDELINE PROVIDED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES PREVAILS.” and renumbering the remaining subsection.

The motion did not prevail and the amendment was 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. 65, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20109, 21703, and 21715 (MCL 333.20109, 333.21703, and 333.21715), section 20109 as amended by 1996 PA 224.

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

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.

Senate Bill No. 66, entitled

A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 102 (MCL 450.4102), as amended by 2012 PA 568.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 67, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 109 (MCL 450.1109), as amended by 2012 PA 569.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 358, 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.

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.

Pending the Second Reading of

House Bill No. 4589, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 644f (MCL 168.644f), as amended by 2012 PA 276.

Rep. Nesbitt moved that the bill be re-referred to the Committee on Elections.

The motion prevailed.

Pending the Second Reading of

Senate Bill No. 173, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11r, 20, 20g, and 22a (MCL 388.1611, 388.1611r, 388.1620, 388.1620g, and 388.1622a), sections 11 and 22a as amended by 2015 PA 5 and sections 20 and 20g as amended and section 11r as added by 2014 PA 196.

Rep. Nesbitt moved that the bill be re-referred to the Committee on Appropriations.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. McBroom moved that the Select Committee to Examine the Qualifications of Representatives Cindy Gamrat and Todd Courser be discharged from further consideration of House Resolution No. 137.

(For first notice see House Journal No. 72, p. 1648.)

The question being on the motion made by Rep. McBroom,

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

Rep. Nesbitt moved that the resolution be referred to the Committee on Government Operations.

The motion prevailed.

Rep. McBroom moved that the Select Committee to Examine the Qualifications of Representatives Cindy Gamrat and Todd Courser be discharged from further consideration of House Resolution No. 138.

(For first notice see House Journal No. 72, p. 1648.)

The question being on the motion made by Rep. McBroom,

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

Rep. Nesbitt moved that the resolution be referred to the Committee on Government Operations.

The motion prevailed.

Rep. McBroom moved that the Select Committee to Examine the Qualifications of Representatives Cindy Gamrat and Todd Courser be discharged from further consideration of House Resolution No. 140.

(For first notice see House Journal No. 72, p. 1648.)

The question being on the motion made by Rep. McBroom,

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

Rep. Nesbitt moved that the resolution be referred to the Committee on Government Operations.

The motion prevailed.

Rep. McBroom moved that the Select Committee to Examine the Qualifications of Representatives Cindy Gamrat and Todd Courser be discharged from further consideration of House Resolution No. 142.

(For first notice see House Journal No. 72, p. 1648.)

The question being on the motion made by Rep. McBroom,

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

Rep. Nesbitt moved that the resolution be referred to the Committee on Government Operations.

The motion prevailed.

Reports of Select Committees

House Resolution No. 139.

A resolution to expel Representative Todd Courser of the Eighty-Second House District, State of Michigan.

(For text of resolution, see House Journal No. 69, p. 1589.)

(The resolution was not adopted, vote reconsidered and resolution postponed temporarily on September 10, see House Journal No. 70, p. 1611.)

The question being on the adoption of the resolution,

Rep. Nesbitt moved that the resolution be referred to the Committee on Government Operations.

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.

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, September 17:

House Bill Nos. 4865 4866 4867 4868 4869 4870 4871 4872 4873 4874

Senate Bill Nos. 491 492 493 494 495 496 497 498 499 500

The Clerk announced that the following Senate bills had been received on Thursday, September 17:

Senate Bill Nos. 91 150 306 310 364 365 369 370 468

Reports of Standing Committees

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, September 17, 2015

Present: Reps. McBroom, Howrylak, Graves, Theis, Robinson and Pagan

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 17, 2015

Present: Reps. Price, Garcia, Callton, Hooker, McBroom, Somerville, Yonker, Kelly, Chatfield, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig

Messages from the Senate

House Bill No. 4070, entitled

A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2014 PA 190.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 91, entitled

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