No. 81

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Thursday, October 8, 2015.

12:00 Noon.

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—present

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—present 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—present 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

Pastor Diane Bareis Greble, Pastor of St. John’s Lutheran Church in Fowlerville, offered the following invocation:

“Holy God, Merciful and Mighty:

We come together and acknowledge Your presence and authority over us today and every day. We ask Your blessing and grace for the citizens of our state, that all may know peace and prosperity.

We pray for our governor and his staff; for the courts; for the senate; for our counties, cities and towns. But especially today I hold before You this House of Representatives. Bless each member with wisdom, vision and courage. Help each one to represent honestly the wills and needs of their constituents. Let the work that is to be done here today represent the very best of each member’s gifts, intellect and spirit and make a way for legislation to be accomplished, that it will make way the things that need to occur.

I pray today for the family members of each Representative here today. Bring consolation for the sacrifices that have been made due to the responsibilities of this office. Let the bonds of love, trust and faithfulness be strengthened in their homes, that husbands and wives, parents and children may all be healthy in body and spirit.

We give You thanks, Gracious God, for all You have done, for all You are doing, and for all that is yet to be, placing our lives in Your hands. Amen.”

______

The Speaker assumed the Chair.

______

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. 165.

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

Whereas, It is with sorrow that the members of this legislative body join with others who knew and highly regarded the life of Vera Rison in mourning her passing. Although this passionate servant in the community is now gone from our midst, she will be long remembered; and

Whereas, A long-time stalwart of the Flint community, Vera Rison garnered a reputation for compassionate care for others in need. That passion to serve resulted in a distinguished career in public service that includes contributions at the local and state levels of government. As a member of the Genesee County Board of Commissioners, she chaired the Human Services Committee and was involved in a variety of boards and community organizations. In recognition of her dedication, the Vera B. Rison Women’s Shelter of Hope was designated in her honor; and

Whereas, In 1996, Vera Rison was elected to the Michigan House of Representatives where she became a staunch advocate for disadvantaged and marginalized constituents in her district and throughout the state. From serving on the Criminal Justice and Family and Children Services committees to her involvement as minority whip, she served this branch of the Legislature with distinction; now, therefore, be it

Resolved by the House of Representatives, That we offer our highest tribute in honor of the memory of Vera Rison, a member of the Michigan House of Representatives from 1997 to 2002; and be it further

Resolved, That copies of this resolution be transmitted to the Rison family as evidence of our high esteem for her life and legacy.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

______

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

Reps. Iden, Crawford, Faris, Heise, Hovey-Wright, Maturen, Pagan, Potvin, Schor and Singh offered the following resolution:

House Resolution No. 166.

A resolution to declare October 2015 as Anti-Bullying Awareness Month in the state of Michigan.

Whereas, October is recognized across the United States of America as Anti-Bullying Awareness Month in an effort to raise public awareness about the importance of combatting this devastating societal problem; and

Whereas, Bullying continues to cause severe problems for countless children in and out of schools and online. All citizens in Michigan should be concerned about ways to reduce this very prevalent situation; and

Whereas, Bullying brings fear and hopelessness into the lives of innocent children in every corner of this state on a daily basis; and

Whereas, Victims of bullying are more likely to struggle in their classes, decrease their participation at school, and drop out before graduation. Adults that were bullied as children are more prone to depression and anxiety; and

Whereas, While most adults won’t tolerate similar bullying tactics at their places of work, victimized children are commonly expected to confront their abusers on their own and often feel that they have no way to defend themselves; and

Whereas, Online cyber-bullying is currently on the rise and in some ways even more insidious than physical face-to-face bullying; and

Whereas, Constant name calling, threats, physical abuse, and gossip can leave a child psychologically injured and hopeless; and

Whereas, A bully harasses and degrades a victim and victimized children need the support of parents and school administrators to thrive; and

Whereas, Inaction by adults further increases the risk and prevalence of bullying activities and such inaction can result in continued mental and physical misery for children subjected to bullying on a regular basis; and

Whereas, There is evidence that young bullying victims are more likely to consider suicide than their peers; and

Whereas, Public Act 241 of 2011, also known as “Matt Epling Safe School Law”, requires every school district in Michigan to adopt a local policy prohibiting harassment and bullying at school; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 2015 as Anti-Bullying Awareness Month in the state of Michigan; and be it further

Resolved, That Michigan schools, students, parents, recreation programs, religious institutions, and community organizations be encouraged to engage in a variety of awareness and prevention activities designed to make our communities safer for all children and adolescents not only in October, but throughout the year; and be it further

Resolved, That the members of this legislative body encourage all Michigan citizens to work to protect our children from this ever-growing epidemic.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Pagel, LaFontaine, Graves, Bumstead, Kelly, Victory, Hovey-Wright, Bizon, Crawford, Faris, Heise, Hooker, Howrylak, Maturen, Pagan, Potvin, Schor and Singh offered the following resolution:

House Resolution No. 167.

A resolution to declare October 2015 as Apple Month in the state of Michigan.

Whereas, Apples are one of the largest and most valuable fruit crops in Michigan; and

Whereas, The apple industry’s annual economic impact is estimated at $700 – 900 million; and

Whereas, Michigan is the third-largest apple producing state in the nation; and

Whereas, There are more than 9.2 million apple trees in commercial production, covering 36,500 acres on 850 family-run farms in Michigan; and

Whereas, Michigan apple growers produce more than 18 varieties of apples, available in grocery stores, supermarkets, farm markets, cider mills and U-picks; and

Whereas, Eating Michigan apples regularly can contribute to good health; and

Whereas, Michigan apple growers are expected to harvest 30 million bushels of apples in 2015; and

Resolved by the House of Representatives, That the members of this legislative body declare October 2015 as Apple Month in the state of Michigan.

The question being on the adoption of the resolution,

Rep. Pagel moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 167.

A resolution to declare October 2015 as Apple Month in the state of Michigan.

Whereas, Apples are one of the largest and most valuable fruit crops in Michigan; and

Whereas, The apple industry’s annual economic impact is estimated at $700 – 900 million; and

Whereas, Michigan is the third-largest apple producing state in the nation; and

Whereas, There are more than 9.2 million apple trees in commercial production, covering 36,500 acres on 850 family-run farms in Michigan; and

Whereas, Michigan apple growers produce more than 18 varieties of apples, available in grocery stores, supermarkets, farm markets, cider mills and U-picks; and

Whereas, Eating Michigan apples regularly can contribute to good health; and

Whereas, Michigan apple growers are expected to harvest 24 million bushels of apples in 2015; and

Resolved by the House of Representatives, That the members of this legislative body declare October 2015 as Apple Month in the state of Michigan.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4544, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10g.

(The bill was received from the Senate on September 29, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 30, see House Journal No. 76, p. 1716.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 345 Yeas—106

Afendoulis Garcia LaFontaine Price

Banks Garrett Lane Pscholka

Barrett Gay-Dagnogo Lauwers Rendon

Bizon Geiss LaVoy Roberts, B.

Brinks Glardon Leonard Roberts, S.

Brunner Glenn Leutheuser Robinson

Bumstead Goike Liberati Runestad

Byrd Graves Love Rutledge

Callton Greig Lucido Santana

Canfield Greimel Lyons Schor

Chang Guerra Maturen Sheppard

Chatfield Heise McBroom Singh

Chirkun Hoadley McCready Smiley

Clemente Hooker Miller, A. Somerville

Cochran Hovey-Wright Miller, D. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Neeley Theis

Cox Iden Nesbitt Townsend

Crawford Inman Outman Vaupel

Darany Irwin Pagan VerHeulen

Dianda Jacobsen Pagel Victory

Driskell Jenkins Pettalia Webber

Durhal Johnson Phelps Wittenberg

Faris Kelly Plawecki Yanez

Farrington Kesto Poleski Yonker

Forlini Kivela Potvin Zemke

Franz Kosowski

Nays—0

In The Chair: Franz

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House

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.

(The bill was received from the Senate on October 7, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 80, p. 1776.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 346 Yeas—106

Afendoulis Garcia LaFontaine Price

Banks Garrett Lane Pscholka

Barrett Gay-Dagnogo Lauwers Rendon

Bizon Geiss LaVoy Roberts, B.

Brinks Glardon Leonard Roberts, S.

Brunner Glenn Leutheuser Robinson

Bumstead Goike Liberati Runestad

Byrd Graves Love Rutledge

Callton Greig Lucido Santana

Canfield Greimel Lyons Schor

Chang Guerra Maturen Sheppard

Chatfield Heise McBroom Singh

Chirkun Hoadley McCready Smiley

Clemente Hooker Miller, A. Somerville

Cochran Hovey-Wright Miller, D. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Neeley Theis

Cox Iden Nesbitt Townsend

Crawford Inman Outman Vaupel

Darany Irwin Pagan VerHeulen

Dianda Jacobsen Pagel Victory

Driskell Jenkins Pettalia Webber

Durhal Johnson Phelps Wittenberg

Faris Kelly Plawecki Yanez

Farrington Kesto Poleski Yonker

Forlini Kivela Potvin Zemke

Franz Kosowski

Nays—0

In The Chair: Franz

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

The Speaker laid before the House

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.

(The bill was received from the Senate on October 7, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 80, p. 1776.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 347 Yeas—100

Afendoulis Franz Kosowski Price

Banks Garcia LaFontaine Pscholka

Barrett Garrett Lane Rendon

Bizon Gay-Dagnogo Lauwers Roberts, B.

Brinks Geiss LaVoy Roberts, S.

Brunner Glardon Leonard Robinson

Bumstead Glenn Leutheuser Runestad

Byrd Goike Liberati Rutledge

Callton Graves Love Santana

Canfield Greig Lucido Schor

Chang Greimel Lyons Sheppard

Chatfield Hoadley Maturen Singh

Clemente Hooker McBroom Smiley

Cochran Hovey-Wright McCready Somerville

Cole Howrylak Moss Talabi

Cotter Hughes Neeley Tedder

Cox Iden Nesbitt Theis

Crawford Inman Outman Townsend

Darany Irwin Pagan Vaupel

Dianda Jacobsen Pagel VerHeulen

Driskell Jenkins Pettalia Victory

Durhal Johnson Phelps Webber

Faris Kelly Plawecki Wittenberg

Farrington Kesto Poleski Yanez

Forlini Kivela Potvin Yonker

Nays—6

Chirkun Heise Miller, D. Zemke

Guerra Miller, A.

In The Chair: Franz

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Third Reading of Bills

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.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Crawford moved to substitute (H-3) the bill.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 348 Yeas—102

Afendoulis Franz Kosowski Poleski

Banks Garcia LaFontaine Potvin

Barrett Garrett Lane Pscholka

Bizon Gay-Dagnogo Lauwers Rendon

Brinks Geiss LaVoy Roberts, B.

Brunner Glardon Leonard Roberts, S.

Bumstead Glenn Leutheuser Rutledge

Byrd Goike Liberati Santana

Callton Graves Love Schor

Canfield Greig Lucido Sheppard

Chang Greimel Lyons Singh

Chatfield Guerra Maturen Smiley

Chirkun Heise McBroom Somerville

Clemente Hoadley McCready Talabi

Cochran Hovey-Wright Miller, A. Tedder

Cole Howrylak Miller, D. Theis

Cotter Hughes Moss Townsend

Cox Iden Neeley Vaupel

Crawford Inman Nesbitt VerHeulen

Darany Irwin Outman Victory

Dianda Jacobsen Pagan Webber

Driskell Jenkins Pagel Wittenberg

Durhal Johnson Pettalia Yanez

Faris Kelly Phelps Yonker

Farrington Kesto Plawecki Zemke

Forlini Kivela

Nays—4

Hooker Price Robinson Runestad

In The Chair: Franz

The House agreed to the title of the bill.

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

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

Senate Bill No. 360, entitled

A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 10 (MCL 390.1480), as amended by 2001 PA 215.

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

Roll Call No. 349 Yeas—106

Afendoulis Garcia LaFontaine Price

Banks Garrett Lane Pscholka

Barrett Gay-Dagnogo Lauwers Rendon

Bizon Geiss LaVoy Roberts, B.

Brinks Glardon Leonard Roberts, S.

Brunner Glenn Leutheuser Robinson

Bumstead Goike Liberati Runestad

Byrd Graves Love Rutledge

Callton Greig Lucido Santana

Canfield Greimel Lyons Schor

Chang Guerra Maturen Sheppard

Chatfield Heise McBroom Singh

Chirkun Hoadley McCready Smiley

Clemente Hooker Miller, A. Somerville

Cochran Hovey-Wright Miller, D. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Neeley Theis

Cox Iden Nesbitt Townsend

Crawford Inman Outman Vaupel

Darany Irwin Pagan VerHeulen

Dianda Jacobsen Pagel Victory

Driskell Jenkins Pettalia Webber

Durhal Johnson Phelps Wittenberg

Faris Kelly Plawecki Yanez

Farrington Kesto Poleski Yonker

Forlini Kivela Potvin Zemke

Franz Kosowski

Nays—0

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 create the Michigan education savings program; to provide for education savings accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies,”

The House agreed to the full title.

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

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

______

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

Second Reading of Bills

Senate Bill No. 240, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 914a.

The bill was read a second time.

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

The motion prevailed.

______

Rep. Garcia 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, October 8:

House Bill Nos. 4947 4948 4949 4950 4951 4952 4953 4954 4955 4956 4957 4958 4959 4960

4961 4962 4963 4964 4965 4966

Senate Bill Nos. 545 546 547 548 549 550 551

The Clerk announced that the following Senate bills had been received on Thursday, October 8:

Senate Bill Nos. 153 239 453 477

Reports of Standing Committees

The Committee on Insurance, by Rep. Leonard, Chair, reported

House Bill No. 4836, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1204f (MCL 500.1204f), as added by 2006 PA 442, and by adding section 3908 and chapter 39A.

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. Leonard, Theis, Franz, Goike, Glardon, LaFontaine, Lyons, Barrett, Runestad, Vaupel, Webber, Cochran, Banks, Clemente, Kosowski, Derek Miller and Wittenberg

Nays: None

COMMITTEE ATTENDANCE REPORT

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