No. 92

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Wednesday, November 4, 2015.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

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—present 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

Rev. Craig Tatum, Pastor of First Salem Missionary Baptist Church in Battle Creek, offered the following invocation:

“Eternal God our Father,

We have gathered from Houghton to Grosse Pointe Woods, from South Haven to Saginaw, to a place where decisions are made that impact and transform the lives of the citizens who reside in the Great state of Michigan. As we convene today, give us Your guidance to remember with compassion that our decisions help those who can’t help themselves. We seek Your wisdom, to make decisions for the common good of our state. We ask for unity as we seek to collectively make tough choices that benefit the whole and not just the few. Help us to always remember our calling, our cause for being here, and our commitment to the office we represent, as we sit at the table to discuss the welfare of our state.

We ask Your blessing on each person represented here today and their families and thank You in advance for using them to make Michigan the Great State we have come to accept and believe that it is.

In Jesus name we pray, amen.”

______

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

Motions and Resolutions

Reps. Darany, Faris, Heise, Howrylak, LaVoy, Potvin, Sarah Roberts and Schor offered the following resolution:

House Resolution No. 183.

A resolution to declare November 13, 2015, as World Pancreatic Cancer Day in the state of Michigan.

Whereas, The health, safety, and welfare of the residents of Michigan are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments; and

Whereas, In 2015, an estimated 48,960 people will be diagnosed with pancreatic cancer in the United States and 40,560 will die from the disease; and

Whereas, Pancreatic cancer is one of the deadliest cancers and is currently the fourth leading cause of cancer death in the United States and is projected to become the second by 2020; and

Whereas, Pancreatic cancer is the only major cancer with a five-year relative survival rate in the single digits at just seven percent; and

Whereas, When symptoms of pancreatic cancer present themselves, it is generally late stage. Seventy-two percent of pancreatic cancer patients die within the first year of their diagnosis while 93 percent of pancreatic cancer patients die within the first five years; and

Whereas, It is estimated in Michigan that 1,750 people will be diagnosed with pancreatic cancer in 2015 resulting in 1,480 deaths. The Michigan Department of Health and Human Services recorded 1,338 deaths related to pancreatic cancer in 2012 and 1,444 in 2013; and

Whereas, Pancreatic cancer is the seventh most common cause of cancer-related death in men and women across the world and there will be an estimated 367,000 new pancreatic cancer cases diagnosed globally in 2015; and

Whereas, The good health and well-being of the residents of Michigan are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments; and

Whereas, Health professionals and health advocates across the country have joined together to sponsor activities for public education about pancreatic cancer; and

Whereas, World Pancreatic Cancer Day helps educate communities about pancreatic cancer and increases the awareness that surrounds it. The importance of education and knowledge about the disease cannot be overstated and contributes to the ability to lead a healthy, balanced, and productive life; and

Whereas, The Michigan Legislature is strongly dedicated to preserving the health of the residents of this state and in supporting the fight against pancreatic cancer; now, therefore, be it Resolved by the House of Representatives, That the members of this legislative body declare November 13, 2015, World Pancreatic Cancer Day in the state of Michigan. We encourage increased public awareness and promotion of treatment and recovery.

The question being on the adoption of the resolution,

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

Substitute for House Resolution No. 183.

A resolution to declare November 13, 2015, as World Pancreatic Cancer Day in the state of Michigan.

Whereas, In 2015, an estimated 48,960 people will be diagnosed with pancreatic cancer in the United States and 40,560 will die from the disease; and

Whereas, Pancreatic cancer is one of the deadliest cancers and is currently the fourth leading cause of cancer death in the United States and is projected to become the second by 2020; and

Whereas, Pancreatic cancer is the only major cancer with a five-year relative survival rate in the single digits at just seven percent; and

Whereas, Health professionals and health advocates across the country have joined together to sponsor activities for public education about pancreatic cancer; and

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. 4362, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 611 (MCL 418.611), as amended by 1993 PA 198.

(The bill was received from the Senate on October 28, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 29, see House Journal No. 89, p. 1926.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 412 Yeas—106

Afendoulis Garcia LaFontaine Potvin

Banks Garrett Lane Price

Barrett Gay-Dagnogo Lauwers Pscholka

Bizon Geiss LaVoy Rendon

Brinks Glardon Leonard Roberts, B.

Brunner Glenn Leutheuser Roberts, S.

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 Muxlow Theis

Cox Iden Neeley 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 Kosowski

Nays—1

Robinson

In The Chair: Cox

The House agreed to the full title.

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

______

The Speaker Pro Tempore resumed the Chair.

The Speaker laid before the House

House Bill No. 4195, entitled

A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending sections 7, 9, 11, 15, 17, 19, 21, 23, and 27 (MCL 125.2237, 125.2239, 125.2241, 125.2245, 125.2247, 125.2249, 125.2251, 125.2253, and 125.2257), section 15 as amended by 2005 PA 102 and sections 17, 19, and 23 as amended by 2007 PA 173.

(The bill was received from the Senate on October 29, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 3, see House Journal No. 90, p. 1944.)

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. 413 Yeas—101

Afendoulis Garcia Lane Price

Banks Gay-Dagnogo Lauwers Pscholka

Barrett Geiss LaVoy Rendon

Bizon Glardon Leonard Roberts, B.

Brinks Glenn Leutheuser Roberts, S.

Brunner Goike Liberati Runestad

Bumstead Graves Lucido Rutledge

Byrd Greig Lyons Santana

Callton Greimel Maturen Schor

Canfield Guerra McBroom Sheppard

Chang Heise McCready Singh

Chatfield Hoadley Miller, A. Smiley

Chirkun Hovey-Wright Miller, D. Somerville

Clemente Howrylak Moss Talabi

Cochran Hughes Muxlow Tedder

Cole Iden Neeley Theis

Cotter Inman Nesbitt Townsend

Cox Jacobsen Outman Vaupel

Crawford Jenkins Pagan VerHeulen

Darany Johnson Pagel Victory

Dianda Kelly Pettalia Webber

Driskell Kesto Phelps Wittenberg

Durhal Kivela Plawecki Yanez

Faris Kosowski Poleski Yonker

Farrington LaFontaine Potvin Zemke

Forlini

Nays—6

Franz Hooker Love Robinson

Garrett Irwin

In The Chair: Leonard

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. 4196, entitled

A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending section 31 (MCL 125.2261).

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. 414 Yeas—102

Afendoulis Garcia Lane Price

Banks Gay-Dagnogo Lauwers Pscholka

Barrett Geiss LaVoy Rendon

Bizon Glardon Leonard Roberts, B.

Brinks Glenn Leutheuser Roberts, S.

Brunner Goike Liberati Runestad

Bumstead Graves Lucido Rutledge

Byrd Greig Lyons Santana

Callton Greimel Maturen Schor

Canfield Guerra McBroom Sheppard

Chang Heise McCready Singh

Chatfield Hoadley Miller, A. Smiley

Chirkun Hovey-Wright Miller, D. Somerville

Clemente Howrylak Moss Talabi

Cochran Hughes Muxlow Tedder

Cole Iden Neeley Theis

Cotter Inman Nesbitt Townsend

Cox Irwin Outman Vaupel

Crawford Jacobsen Pagan VerHeulen

Darany Jenkins Pagel Victory

Dianda Johnson Pettalia Webber

Driskell Kelly Phelps Wittenberg

Durhal Kesto Plawecki Yanez

Faris Kivela Poleski Yonker

Farrington Kosowski Potvin Zemke

Forlini LaFontaine

Nays—5

Franz Hooker Love Robinson

Garrett

In The Chair: Leonard

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

Senate Bill No. 213, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 61 (MCL 408.1061), as amended by 1996 PA 437.

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

Roll Call No. 415 Yeas—106

Afendoulis Garcia LaFontaine Potvin

Banks Garrett Lane Price

Barrett Gay-Dagnogo Lauwers Pscholka

Bizon Geiss LaVoy Rendon

Brinks Glardon Leonard Roberts, B.

Brunner Glenn Leutheuser Roberts, S.

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 Muxlow Theis

Cox Iden Neeley 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 Kosowski

Nays—1

Robinson

In The Chair: Leonard

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

“An act to prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment; to create certain boards, commissions, committees, and divisions relative to occupational and construction health and safety; to prescribe their powers and duties and powers and duties of the department of labor and department of public health; to prescribe certain powers and duties of the directors of the departments of labor, public health, and agriculture; to impose an annual levy to provide revenue for the safety education and training division; to provide remedies and penalties; to repeal certain acts and parts of acts; and to repeal certain acts and parts of act on specific dates,”

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.

Senate Bill No. 369, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4o (MCL 205.94o), as amended by 2012 PA 474.

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

Roll Call No. 416 Yeas—82

Afendoulis Glenn Lauwers Price

Barrett Goike LaVoy Pscholka

Bizon Graves Leonard Rendon

Brinks Greimel Leutheuser Roberts, B.

Bumstead Heise Love Runestad

Callton Hoadley Lucido Rutledge

Canfield Hooker Lyons Santana

Chatfield Hovey-Wright Maturen Schor

Clemente Howrylak McBroom Sheppard

Cole Hughes McCready Singh

Cotter Iden Miller, A. Somerville

Cox Inman Miller, D. Tedder

Crawford Irwin Muxlow Theis

Dianda Jacobsen Nesbitt Townsend

Durhal Jenkins Outman Vaupel

Farrington Johnson Pagel VerHeulen

Forlini Kelly Pettalia Victory

Franz Kesto Phelps Webber

Garcia Kivela Poleski Yonker

Geiss Kosowski Potvin Zemke

Glardon LaFontaine

Nays—25

Banks Driskell Lane Roberts, S.

Brunner Faris Liberati Robinson

Byrd Garrett Moss Smiley

Chang Gay-Dagnogo Neeley Talabi

Chirkun Greig Pagan Wittenberg

Cochran Guerra Plawecki Yanez

Darany

In The Chair: Leonard

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

“An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”

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.

Senate Bill No. 370, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4t (MCL 205.54t), as amended by 2010 PA 116.

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

Roll Call No. 417 Yeas—82

Afendoulis Glenn Lauwers Price

Barrett Goike LaVoy Pscholka

Bizon Graves Leonard Rendon

Brinks Greimel Leutheuser Roberts, B.

Bumstead Heise Love Runestad

Callton Hoadley Lucido Rutledge

Canfield Hooker Lyons Santana

Chatfield Hovey-Wright Maturen Schor

Clemente Howrylak McBroom Sheppard

Cole Hughes McCready Singh

Cotter Iden Miller, A. Somerville

Cox Inman Miller, D. Tedder

Crawford Irwin Muxlow Theis

Dianda Jacobsen Nesbitt Townsend

Durhal Jenkins Outman Vaupel

Farrington Johnson Pagel VerHeulen

Forlini Kelly Pettalia Victory

Franz Kesto Phelps Webber

Garcia Kivela Poleski Yonker

Geiss Kosowski Potvin Zemke

Glardon LaFontaine

Nays—25

Banks Driskell Lane Roberts, S.

Brunner Faris Liberati Robinson

Byrd Garrett Moss Smiley

Chang Gay-Dagnogo Neeley Talabi

Chirkun Greig Pagan Wittenberg

Cochran Guerra Plawecki Yanez

Darany

In The Chair: Leonard

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

“An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”

The House agreed to the full title.

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

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

Second Reading of Bills

House Bill No. 4853, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811a (MCL 257.811a), as amended by 2003 PA 103.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4854, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 309 and 312b (MCL 257.309 and 257.312b), section 309 as amended by 2015 PA 11 and section 312b as amended by 2013 PA 177.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4933, entitled

A bill to amend 2000 PA 251, entitled “Patient’s right to independent review act,” by amending sections 3, 5, 7, 9, 11, 13, 17, 19, 23, 25, and 27 (MCL 550.1903, 550.1905, 550.1907, 550.1909, 550.1911, 550.1913, 550.1917, 550.1919, 550.1923, 550.1925, and 550.1927), section 3 as amended by 2006 PA 542 and sections 11, 13, and 23 as amended by 2000 PA 398.

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

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

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

The motion prevailed.

House Bill No. 4934, entitled

A bill to amend 1984 PA 64, entitled “The coordination of benefits act,” by amending the title and sections 2, 3, and 4 (MCL 550.252, 550.253, and 550.254), section 3 as amended by 1996 PA 325; and to repeal acts and parts of acts.

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

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

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

House Bill No. 4935, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 106, 116, 120, 222, 402, 454, 460, 462, 606, 1210, 2003, 2006, 2059, 2212a, 2212b, 2213, 2213a, 2213b, 2214, 2236, 2237, 3400, 3402, 3403, 3404, 3405, 3406a, 3406c, 3406d, 3406e, 3406j, 3406k, 3406l, 3406m, 3406n, 3406o, 3406p, 3406q, 3406r, 3406s, 3407, 3407b, 3408, 3409, 3411, 3412, 3413, 3414, 3416, 3418, 3420, 3422, 3424, 3425, 3426, 3428, 3432, 3438, 3440, 3452, 3472, 3474, 3474a, 3475, 3476, 3501, 3503, 3505, 3507, 3508, 3509, 3511, 3513, 3515, 3517, 3519, 3528, 3533, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, 3571, 3573, 3701, 3703, 3705, 3711, 3723, 4601, 4701, 6428, 7060, and 7705 (MCL 500.106, 500.116, 500.120, 500.222, 500.402, 500.454, 500.460, 500.462, 500.606, 500.1210, 500.2003, 500.2006, 500.2059, 500.2212a, 500.2212b, 500.2213, 500.2213a, 500.2213b, 500.2214, 500.2236, 500.2237, 500.3400, 500.3402, 500.3403, 500.3404, 500.3405, 500.3406a, 500.3406c, 500.3406d, 500.3406e, 500.3406j, 500.3406k, 500.3406l, 500.3406m, 500.3406n, 500.3406o, 500.3406p, 500.3406q, 500.3406r, 500.3406s, 500.3407, 500.3407b, 500.3408, 500.3409, 500.3411, 500.3412, 500.3413, 500.3414, 500.3416, 500.3418, 500.3420, 500.3422, 500.3424, 500.3425, 500.3426, 500.3428, 500.3432, 500.3438, 500.3440, 500.3452, 500.3472, 500.3474, 500.3474a, 500.3475, 500.3476, 500.3501, 500.3503, 500.3505, 500.3507, 500.3508, 500.3509, 500.3511, 500.3513, 500.3515, 500.3517, 500.3519, 500.3528, 500.3533, 500.3535, 500.3545, 500.3547, 500.3548, 500.3551, 500.3553, 500.3555, 500.3557, 500.3559, 500.3561, 500.3563, 500.3569, 500.3571, 500.3573, 500.3701, 500.3703, 500.3705, 500.3711, 500.3723, 500.4601, 500.4701, 500.6428, 500.7060, and 500.7705), section 116 as added by 1992 PA 182, section 222 as amended by 1994 PA 443, section 454 as amended by 1987 PA 168, section 1210 as added and section 2059 as amended by 1986 PA 253, section 2006 as amended by 2004 PA 28, section 2212a as amended by 2001 PA 235, section 2212b as amended by 2000 PA 486, section 2213 as amended by 2012 PA 445, section 2213a as amended by 2002 PA 707, sections 2213b, 3426, and 3705 as amended and sections 3428, 3472, and 3474a as added by 2013 PA 5, section 2236 as amended by 2014 PA 140, sections 3405 and 3475 as amended by 2014 PA 263, section 3406a as added by 1982 PA 527, section 3406c as amended by 1994 PA 233, sections 3406d and 3406e as added by 1989 PA 59, section 3406j as added by 1998 PA 136, section 3406k as amended by 2004 PA 7, section 3406l as added by 2004 PA 171, section 3406m as added by 1998 PA 402, section 3406n as added by 1999 PA 179, section 3406o as added by 1999 PA 177, section 3406p as added by 2000 PA 425, section 3406q as amended and sections 3701, 3703, 3711, and 3723 as added by 2003 PA 88, section 3406r as added by 2004 PA 375, section 3406s as added by 2012 PA 100, section 3407b as added by 2000 PA 27, section 3409 as amended by 1990 PA 170, section 3418 as amended by 1984 PA 280, section 3425 as added by 1980 PA 429, section 3440 as amended by 1987 PA 52, section 3476 as added by 2012 PA 215, sections 3501, 3505, 3507, 3508, 3509, 3511, 3513, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, and 3573 as added by 2000 PA 252, section 3503 as amended by 2006 PA 366, sections 3515, 3517, 3519, 3533, and 3571 as amended by 2005 PA 306, section 3528 as amended by 2002 PA 621, sections 4601 and 4701 as added by 2008 PA 29, section 7060 as amended by 1999 PA 82, and section 7705 as amended by 2006 PA 671, and by adding sections 607, 3400a, 3400b, 3401a, 3402a, 3402b, 3402c, 3402d, 3402e, 3402f, 3402g, 3402h, 3477, and 3544; and to repeal acts and parts of acts.

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

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.

______

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 Wednesday, November 4:

House Bill Nos. 5041 5042 5043 5044 5045

Senate Bill Nos. 592 593 594 595

The Clerk announced that the following Senate bills had been received on Wednesday, November 4:

Senate Bill Nos. 33 503 510 529 530 556 571

Reports of Standing Committees

The Committee on Agriculture, by Rep. Lauwers, Chair, reported

House Bill No. 4408, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18813.

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. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Hughes, Brett Roberts, Sheppard, Vaupel, Brunner, Darany, Talabi, Driskell, LaVoy and Garrett

Nays: None

The Committee on Agriculture, by Rep. Lauwers, Chair, reported

House Bill No. 4999, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 16349, 17708, 17751, and 17763 (MCL 333.7405, 333.16349, 333.17708, 333.17751, and 333.17763), sections 7405, 17708, and 17763 as amended by 2012 PA 209, section 16349 as added by 1993 PA 79, and section 17751 as amended by 2014 PA 525.

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. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Hughes, Brett Roberts, Sheppard, Vaupel, Brunner, Darany, Talabi, Driskell and LaVoy

Nays: Rep. Garrett

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 4, 2015

Present: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Hughes, Brett Roberts, Sheppard, Vaupel, Brunner, Darany, Talabi, Driskell, LaVoy and Garrett

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

House Bill No. 4887, entitled

A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 9 (MCL 390.1479), as amended by 2007 PA 153.

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, Clemente, LaVoy and Byrd

Nays: None

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

House Bill No. 4930, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19.

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, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, 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, November 4, 2015

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, November 4, 2015

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

Absent: Reps. Muxlow, Banks and Durhal

Excused: Reps. Muxlow, Banks and Durhal

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hooker, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Wednesday, November 4, 2015

Present: Reps. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright, Talabi and Liberati

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, November 4, 2015

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Somerville, Chair, of the Committee on Financial Liability Reform, was received and read:

Meeting held on: Wednesday, November 4, 2015

Present: Reps. Somerville, Leutheuser, Farrington, LaFontaine, Lyons, Poleski, Wittenberg, Byrd and Chirkun

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rendon, Chair, of the Committee on Tourism and Outdoor Recreation, was received and read:

Meeting held on: Wednesday, November 4, 2015

Present: Reps. Rendon, Goike, Forlini, Pettalia, Cole, Smiley, Brinks and Gay-Dagnogo

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, November 4, 2015

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

Messages from the Senate

House Bill No. 4562, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 24a.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

Senate Bill No. 33, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1136.

The Senate has passed the bill.

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

Senate Bill No. 503, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 3, 7, 13, 15, and 25 of chapter XIIB (MCL 712B.3, 712B.7, 712B.13, 712B.15, and 712B.25), as added by 2012 PA 565.

The Senate has passed the bill.

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

Senate Bill No. 510, entitled

A bill to prohibit the disclosure or use of certain information.

The Senate has passed the bill.

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

Senate Bill No. 529, entitled

A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872, 722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878, and 722.879), sections 2, 3, 4, and 9 as amended and sections 5a and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA 229, and by adding section 5c.

The Senate has passed the bill.

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

Senate Bill No. 530, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2012 PA 163.

The Senate has passed the bill.

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

Senate Bill No. 556, entitled

A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 16 (MCL 207.856).

The Senate has passed the bill.

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

Senate Bill No. 571, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 6, and 55 (MCL 169.203, 169.206, and 169.255), section 3 as amended by 2012 PA 273 and sections 6 and 55 as amended by 2013 PA 252.

The Senate has passed the bill.

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

Explanation of “No” Votes

Rep. Chirkun, having reserved the right to explain his nay vote pertaining to House Bill Nos. 4370, 4736, 4738, 4614, 4616 and Senate Bill No. 414, made the following statement:

“Mr. Speaker and members of the House:

On Tuesday, November 3, I voted against the concurrence vote on House Bills 4370, 4736, 4738, 4614, 4616 and Senate Bill 414 which would put a Band-Aid on our crumbling roads and bridges while severely busting our state’s budget. This solution slaps Michigan drivers with an increased birthday and gas tax which is just the latest in a series of Republican tax shifts that put the burden squarely on everyday families, but let corporations and heavy trucks off the hook. It’s obvious this plan was made to cater to the wealthy friends of Michigan Republicans, not the average working people who drive on crumbling roads to get to work every day. Meanwhile, our roads still won’t get the $1.2 billion we need each year to fix them until fiscal year 2021. It sadly wasn’t enough for the Republicans to take $800 million out of vital state programs – including public safety, schools and health care – they now want to undermine those programs further by giving an income tax break for the state’s wealthiest individuals. Quite simply, under this plan our roads will get worse. It is for all these reasons I voted against the concurrence vote today.”

Introduction of Bills

Reps. Hughes, Bizon, Leonard, Crawford, Barrett and Sheppard introduced

House Bill No. 5046, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145n (MCL 750.145n), as amended by 2004 PA 559.

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

Reps. Leonard, Hughes, Bizon, Crawford, Barrett and Sheppard introduced

House Bill No. 5047, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2012 PA 195.

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

Reps. Bizon, Hughes, Leonard, Crawford, Barrett and Sheppard introduced

House Bill No. 5048, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145n (MCL 750.145n), as amended by 2004 PA 559.

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

Reps. Crawford, Bizon, Hughes, Leonard, Barrett and Sheppard introduced

House Bill No. 5049, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2012 PA 195.

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

Reps. Pagel, Canfield, Rendon, Lauwers, Bizon, Cole, Hughes, Brett Roberts, Sheppard, Howrylak and Barrett introduced

House Bill No. 5050, entitled

A bill to repeal 1929 PA 72, entitled “An act to encourage the breeding of horses; to regulate the public service of stallions; to require the registration of stallions; to provide for the compilation and publication of statistics relative to horse breeding; to provide for a lien; to provide penalties for the violation of this act; and to repeal Act No. 256 of the Public Acts of 1911, as amended by Act No. 75 of the Public Acts of 1921,” (MCL 287.201 to 287.210).