No. 18

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2016

House Chamber, Lansing, Tuesday, February 23, 2016.

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—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 Moss—present Talabi—present

Cole—present Howrylak—present Muxlow—present Tedder—present

Cotter—present Hughes—present Neeley—present Theis—present

Cox—present Iden—present Nesbitt—present Townsend—present

Crawford—present Inman—present Outman—present Vaupel—present

Darany—present Irwin—present Pagan—present VerHeulen—present

Dianda—present Jacobsen—present Pagel—present Victory—present

Driskell—present Jenkins—present Pettalia—present Webber—present

Durhal—present Johnson—present Phelps—present Wittenberg—present

Faris—present Kelly—present Plawecki—present Yanez—present

Farrington—present Kesto—present Poleski—present Yonker—present

Forlini—present Kivela—present Potvin—present Zemke—present

Franz—present Kosowski—present

e/d/s = entered during session

Pastor Robert Brannon, Pastor of St. Mark Lutheran Church in Roseville, offered the following invocation:

“[Isaiah 41:10]

Fear not, for I am with you; be not dismayed, for I am your God; I will strengthen you, I will help you, I will uphold you with my righteous right hand.’

The Lord be with you

Let us pray

Gracious and loving Father: First let me say, ‘Thank You’ on behalf of all who are gathered here today. Thank You for Your many and abundant blessings. Thank You for life itself, for the measure of health we need to fulfill our callings, for sustenance and for friendship. Thank You for the ability to be involved in useful work and for the honor of bearing appropriate responsibilities. Thanks as well for the freedom to embrace You or the freedom to reject You. Thank You for loving us even so—from Your boundless and gracious nature.

In the scriptures You have said that citizens ought to obey the governing authorities since You have established those very authorities to promote peace and order and justice. Therefore, I pray for our Governor, our state, for the various levels of state officials and, in particular, for the assembled State Representatives. I am asking that You would graciously grant them:

• Wisdom to govern amid the conflicting interests and issues of our times.

• A sense of the welfare and true needs of our people.

• A keen thirst for justice and rightness.

• Confidence in what is good and fitting for our great state.

• The ability to work together in harmony even when there is an honest disagreement.

• Personal peace in their lives and joy in their task.

I pray for the agenda set before them today. Please give an assurance of what would please You and what would benefit those who live and work in and around our beloved Great state of Michigan.

It is in Your most blessed name we pray, Amen.”

______

The Speaker assumed the Chair.

Motions and Resolutions

Reps. Canfield, Glenn, Bizon, Crawford, Driskell, Faris, Geiss, Heise, Hooker, Hovey-Wright, Howrylak, Hughes, Kelly, Lauwers, LaVoy, Leutheuser, Maturen, Poleski, Price, Schor and Singh offered the following resolution:

House Resolution No. 229.

A resolution to declare February 21-27, 2016, as Family Medicine Week in the state of Michigan.

Whereas, Michigan’s family physicians have historically demonstrated their dedication to the health and well-being of this state’s citizens by emphasizing the family and providing care to all patients; and

Whereas, Family physicians have studied for a minimum of seven years from medical school through residency and have received specialized training to provide primary care and medical treatment for the families of this state; and

Whereas, This care is based on knowledge of the whole person in the context of the family and the community and is not limited by age, sex, race, religion, or type of health problem; and

Whereas, Michigan’s family medicine practices provide high quality care and reduce costs to the health care system through leadership, collaboration, and innovation; and

Whereas, Family physicians play a crucial role in ensuring the optimal health of families across the state; now, therefore, be it

Resolved by the House of Representatives That the members of this legislative body declare February 21-27, 2016, as Family Medicine Week in the state of Michigan. We support a robust, primary-care based health care system and recognize the key role family physicians play in making Michigan healthy; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Academy of Family Physicians and the Michigan Association of Osteopathic Family Physicians with our highest esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 220.

A resolution to urge the President and Congress of the United States to abandon President Carter’s April 1977 nuclear power policy and explore and support policies that will lead to the establishment of facilities within the United States for the reprocessing and recycling of spent nuclear fuel.

(For text of resolution, see House Journal No. 13, p. 165.)

(The resolution was reported by the Committee on Energy Policy on February 17, with substitute (H-1).)

(For substitute, see House Journal No. 16, p. 223.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

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

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

Senate Concurrent Resolution No. 6.

A concurrent resolution to memorialize the Congress of the United States to appropriate funds from the Nuclear Waste Fund for the establishment of a permanent repository for high-level nuclear waste or reimburse electric utility customers who paid into the fund.

(For text of resolution, see House Journal No. 91 of 2015, p. 1968.)

(The resolution was reported by the Committee on Energy Policy on February 17.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

Senate Concurrent Resolution No. 8.

A concurrent resolution to urge the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.

(For text of resolution, see House Journal No. 91 of 2015, p. 1969.)

(The resolution was reported by the Committee on Energy Policy on February 17.)

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

Senate Concurrent Resolution No. 24.

A concurrent resolution to create the Joint Select Committee on the Flint Water Public Health Emergency.

Whereas, It is the inherent responsibility of the Legislature to oversee the operations of the executive branch and ensure the effective implementation and operation of state government programs. The Michigan Legislature passed the Safe Drinking Water Act in 1976 to grant the executive branch the power to ensure safe public drinking water for Michigan residents; and

Whereas, In April 2014, the city of Flint began drawing its drinking water from the Flint River as a temporary water source while a new pipeline was being constructed to obtain water from Lake Huron through the Karegnondi Water Authority. In late 2014, total trihalomethanes above federal and state drinking water standards were detected in drinking water. Thereafter, elevated blood lead levels were discovered in citizens, including children, within the city of Flint; and

Whereas, In response to state of emergency declarations by the city of Flint and Genesee County, Governor Rick Snyder declared a state of emergency on January 5, 2016 and requested a presidential disaster declaration. On January 16, 2016, President Barack Obama issued a presidential emergency declaration; and

Whereas, There are multiple ongoing investigations into the actions leading to the public health emergency in the city of Flint, the response to the emergency, and the future steps that can be taken to ensure safe, clean drinking water for state residents; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That there be created the Joint Select Committee on the Flint Water Public Health Emergency. The joint select committee shall consist of three members of the Senate appointed by the Senate Majority Leader, one from the Senate Democratic Caucus recommended by the Senate Minority Leader and two from the Senate Republican Caucus, and three members of the House of Representatives appointed by the Speaker of the House, one from the House Democratic Caucus recommended by the House Minority Leader and two from the House Republican Caucus. The Senate Majority Leader shall designate the chairperson of the joint select committee, and the Speaker of the House shall designate the vice chairperson; and be it further

Resolved, That the joint select committee shall examine the status and efficacy of governmental actions in response to the public health emergency in the city of Flint and Genesee County. In carrying out its duties, the joint select committee shall receive reports and information related to the public health emergency in the city of Flint and Genesee County. The joint select committee shall report to the Legislature a summary of the reports it has received and recommendations on further appropriate actions the Legislature may take to address the Flint water public health emergency and to prevent similar emergencies in other communities in the state.

The Senate has adopted the concurrent resolution.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Second Reading of Bills

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).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5051, entitled

A bill to repeal 1889 PA 226, entitled “An act to provide for the collection of specific taxes from corporations, copartnerships, parties or persons, subject under any laws of this state to the payment of such taxes; to fix the time when such taxes become a lien upon the property of such corporations, copartnerships, parties or persons, and to define the property to which the lien shall attach; and to repeal Act No. 57 of the session laws of 1872, approved March twenty-ninth, 1872, and Acts No. 10 and 11 of the session laws of 1873, approved February fourteenth, 1873, being sections numbered 1249 to 1256, both inclusive, of Howell’s annotated statutes of 1882,” (MCL 207.441 to 207.447).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5052, entitled

A bill to repeal 1913 PA 340, entitled “An act to prevent and punish the sale of immature and unwholesome calves, pigs, kids and lambs,” (MCL 289.251 to 289.253).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5053, entitled

A bill to amend 1939 PA 309, entitled “An act to provide for the regulation, registration, identification and licensing of dogs; to prescribe the powers and duties of the commissioner of agriculture with respect thereto; to prescribe penalties for violation of the provisions of this act; and to declare the effect of this act,” by repealing sections 1, 2, 3, 4, 5, 6, and 7 (MCL 287.301, 287.302, 287.303, 287.304, 287.305, 287.306, and 287.307).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5054, entitled

A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” by repealing section 12 (MCL 286.212).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5055, entitled

A bill to repeal 1983 PA 220, entitled “An act to authorize the department of agriculture to acquire for purposes of eminent domain any interests in property necessary to remove and dispose of silos treated with polychlorinated biphenyls; to require the execution of a subrogation agreement under certain circumstances; to create a fund; and to prescribe the powers and duties of the attorney general,” (MCL 288.451 to 288.454).

The bill was read a second time.

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

The motion prevailed.

Pending the Second Reading of

Senate Bill No. 644, entitled

A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as added by 2010 PA 331.

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

The motion prevailed.

Senate Bill No. 334, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2 and 3 (MCL 722.622 and 722.623), section 2 as amended by 2014 PA 30 and section 3 as amended by 2014 PA 344.

The bill was read a second time.

Rep. Hooker 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. 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

House Bill No. 5219, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 57 (MCL 169.257), as amended by 2015 PA 269.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Lyons moved to amend the bill as follows:

1. Amend page 5, line 1, after “is” by striking out the balance of the subsection and inserting “SUBJECT TO THE FOLLOWING:

(A) IF THE PERSON IS AN INDIVIDUAL, A CIVIL FINE OF NOT MORE THAN $1,000.00.

(B) IF THE PERSON IS NOT AN INDIVIDUAL, 1 OF THE FOLLOWING, WHICHEVER IS GREATER:

(i) A CIVIL FINE OF NOT MORE THAN $20,000.00.

(ii) A FINE EQUAL TO THE AMOUNT OF THE IMPROPER CONTRIBUTION OR EXPENDITURE.”.

The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

Rep. Lyons moved to amend the bill as follows:

1. Amend page 4, line 23, after “AND” by striking out “STRICTLY”.

2. Amend page 4, line 23, after “THE” by inserting “PURPOSE OR”.

The motion was seconded and the amendments were 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. 53 Yeas—60

Afendoulis Glenn Lauwers Potvin

Barrett Goike Leonard Price

Bumstead Graves Leutheuser Pscholka

Callton Heise Lucido Rendon

Canfield Hooker Lyons Roberts, B.

Chatfield Howrylak Maturen Runestad

Cole Hughes McBroom Sheppard

Cotter Iden McCready Somerville

Cox Inman Miller, A. Tedder

Crawford Jacobsen Muxlow Theis

Farrington Jenkins Nesbitt Vaupel

Forlini Johnson Outman VerHeulen

Franz Kelly Pagel Victory

Garcia Kesto Pettalia Webber

Glardon LaFontaine Poleski Yonker

Nays—46

Banks Durhal Kosowski Robinson

Bizon Faris Lane Rutledge

Brinks Garrett LaVoy Santana

Brunner Gay-Dagnogo Liberati Schor

Byrd Geiss Love Singh

Chang Greig Moss Smiley

Chirkun Greimel Neeley Talabi

Clemente Guerra Pagan Townsend

Cochran Hoadley Phelps Wittenberg

Darany Hovey-Wright Plawecki Yanez

Dianda Irwin Roberts, S. Zemke

Driskell Kivela

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.

______

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

“Mr. Speaker and members of the House:

Today I voted against House Bill 5219 which would continue to handcuff our local governments and school districts when discussing local millages. I’m gravely concerned this bill doesn’t fix the problem and continues to hamper local communities’ first amendment right. This bill continues to give power to special interest groups by allowing them a completely open playing field to argue against a particular millage. Had the bill included an amendment to completely repeal that language I would have supported it. However, in its current form I cannot.”

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

“Mr. Speaker and members of the House:

Today I voted against House Bill 5219, which would continue to handcuff our local governments and school districts when discussing local millages. I’m gravely concerned this bill doesn’t fix the problem and continues to hamper local communities’ ability to inform adequately residents about issues placed before them on a ballot. This bill continues to give power to special interest groups by allowing them a completely open playing field to argue against a particular millage. Had the bill included an amendment to completely repeal that language I would have supported it. However, in its current form I cannot. Further, I believe that given the injunction on PA 269, which HB 5219 seeks to amend, the judicial process should play out.”

Rep. LaVoy, 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:

A fake fix to a bill that muzzles free speech and takes away the ability of local elected officials to present unbiased information to educate voters about millages and local ballot issues. This is horrible policy and should be repealed entirely.”

Rep. Dianda, 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:

Today I voted against House Bill 5219 which would continue to handcuff our local governments and school districts when discussing local millages. I’m gravely concerned this bill doesn’t fix the problem and continues to hamper local communities’ first amendment right. This bill continues to give power to special interest groups by allowing them a completely open playing field to argue against a particular millage. Had the bill included an amendment to completely repeal that language I would have supported it. However, in its current form I cannot and urge my colleagues to do the same.”

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

“Mr. Speaker and members of the House:

Today I voted against House Bill 5219 which would continue to handcuff our local governments and school districts when discussing local millages. This bill doesn’t fix the problem and continues to hamper local communities’ first amendment right. 5219 continues to give power to special interest groups by allowing them a completely open playing field to argue against a particular millage. Had the bill included an amendment to completely repeal that language I would have supported it.”

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

“Mr. Speaker and members of the House:

Today I voted against House Bill 5219 which would continue to handcuff our local governments and school districts when discussing local millages. I’m gravely concerned this bill does not fix the problem and continues to hamper local communities’ first amendment right. This bill continues to give power to special interest groups by allowing them a completely open playing field to argue against a particular millage. Had the bill included an amendment to completely repeal that language I would have supported it. However, in its current form I cannot support limiting what local leaders can say to voters and urge my colleagues to do the same.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

House Bill No. 4793, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 434 (MCL 330.1434), as amended by 1995 PA 290.

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

Roll Call No. 54 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 Moss Talabi

Cole Howrylak Muxlow 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: Leonard

The House agreed to the title of the bill.

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

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

House Bill No. 4493, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278 and 1279g (MCL 380.1278 and 380.1279g), section 1278 as amended by 2004 PA 596 and section 1279g as amended by 2008 PA 349, and by adding section 1168.

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

Roll Call No. 55 Yeas—105

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 Rutledge

Callton Greig Love Santana

Canfield Greimel Lucido Schor

Chang Guerra Lyons Sheppard

Chatfield Heise Maturen Singh

Chirkun Hoadley McBroom Smiley

Clemente Hooker McCready Somerville

Cochran Hovey-Wright Miller, A. 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

Nays—1

Potvin

In The Chair: Leonard

The House agreed to the title of the bill.

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

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

Reps. Afendoulis, Banks, Brinks, Brunner, Byrd, Canfield, Chang, Chatfield, Chirkun, Cochran, Cole, Cox, Crawford, Darany, Dianda, Driskell, Durhal, Faris, Forlini, Garcia, Garrett, Geiss, Glenn, Goike, Greimel, Heise, Hoadley, Hovey‑Wright, Hughes, Iden, Jacobsen, Jenkins, Kelly, Kivela, Kosowski, Lane, Lauwers, LaVoy, Leutheuser, Liberati, Love, Lyons, Maturen, Nesbitt, Pettalia, Phelps, Plawecki, Price, Rendon, Brett Roberts, Sarah Roberts, Rutledge, Santana, Sheppard, Singh, Smiley, Somerville, Talabi, Tedder, Theis, Townsend, Vaupel, VerHeulen, Victory, Webber, Yanez, Yonker and Zemke were named co‑sponsors of the bill.

Senate Bill No. 578, entitled

A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 2, 6, and 13 (MCL 445.1632, 445.1636, and 445.1643), section 2 as amended by 2012 PA 443; 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. 56 Yeas—96

Afendoulis Forlini Kesto Plawecki

Banks Franz Kivela Poleski

Barrett Garcia Kosowski Potvin

Bizon Gay-Dagnogo LaFontaine Price

Brinks Geiss Lane Pscholka

Brunner Glardon Lauwers Rendon

Bumstead Glenn LaVoy Roberts, B.

Byrd Goike Leonard Runestad

Callton Graves Leutheuser Rutledge

Canfield Greig Liberati Santana

Chang Greimel Love Schor

Chatfield Guerra Lucido Sheppard

Chirkun Heise Lyons Singh

Clemente Hoadley Maturen Smiley

Cochran Hooker McBroom Somerville

Cole Hovey-Wright McCready Talabi

Cotter Howrylak Miller, A. Tedder

Cox Hughes Moss Theis

Crawford Iden Muxlow Vaupel

Darany Inman Nesbitt VerHeulen

Dianda Jacobsen Outman Victory

Durhal Jenkins Pagel Webber

Faris Johnson Pettalia Yonker

Farrington Kelly Phelps Zemke

Nays—10

Driskell Neeley Robinson Wittenberg

Garrett Pagan Townsend Yanez

Irwin Roberts, S.

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 prohibit certain lending practices; to require disclosure of certain information for home loans; to prescribe certain duties and obligations of the lender in a home loan transaction; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide for remedies,”

The House agreed to the full title.

Rep. Nesbitt moved to reconsider the vote by which the House passed the bill.

The motion prevailed, 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. 57 Yeas—93

Afendoulis Garcia Kosowski Poleski

Barrett Geiss LaFontaine Potvin

Bizon Glardon Lane Price

Brinks Glenn Lauwers Pscholka

Brunner Goike LaVoy Rendon

Bumstead Graves Leonard Roberts, B.

Byrd Greig Leutheuser Runestad

Callton Greimel Liberati Rutledge

Canfield Guerra Love Santana

Chang Heise Lucido Schor

Chatfield Hoadley Lyons Sheppard

Chirkun Hooker Maturen Singh

Clemente Hovey-Wright McBroom Smiley

Cole Howrylak McCready Somerville

Cotter Hughes Miller, A. Talabi

Cox Iden Moss Tedder

Crawford Inman Muxlow Theis

Darany Jacobsen Nesbitt Vaupel

Dianda Jenkins Outman VerHeulen

Durhal Johnson Pagel Victory

Faris Kelly Pettalia Webber

Farrington Kesto Phelps Yonker

Forlini Kivela Plawecki Zemke

Franz

Nays—13

Banks Gay-Dagnogo Pagan Townsend

Cochran Irwin Roberts, S. Wittenberg

Driskell Neeley Robinson Yanez

Garrett

In The Chair: Leonard

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

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

House Bill No. 5192, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 720 and 728 (MCL 339.720 and 339.728), section 720 as amended by 2010 PA 215 and section 728 as amended by 2014 PA 177.

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

Roll Call No. 58 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 Moss Talabi

Cole Howrylak Muxlow 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: Leonard

The House agreed to the title of the bill.

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

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

______

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

The motion prevailed.

______

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

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, February 18:

House Bill Nos. 5381 5382 5383 5384 5385 5386 5387 5388 5389 5390 5391

The Clerk announced the enrollment printing and presentation to the Governor on Monday, February 22, for his approval of the following bill:

Enrolled House Bill No. 4758 at 2:53 p.m.

The Clerk announced that the following Senate bill had been received on Tuesday, February 23:

Senate Bill No. 566

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, February 23:

Senate Bill Nos. 811 812

Reports of Standing Committees

The Committee on Oversight and Ethics, by Rep. McBroom, Chair, reported

House Bill No. 4629, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7523 and 7524 (MCL 333.7523 and 333.7524), section 7523 as amended by 2006 PA 130 and section 7524 as amended by 2011 PA 161.

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. McBroom, Howrylak, Graves, Theis, Robinson and Pagan

Nays: None

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, February 18, 2016

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

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

Senate Bill No. 409, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7340c (MCL 333.7340c), as added by 2014 PA 217.

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. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang

Nays: None

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

Senate Bill No. 410, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2014 PA 218.

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. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Tuesday, February 23, 2016

Present: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang

The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported

House Bill No. 4540, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 2 and 13 (MCL 15.232 and 15.243), section 2 as amended by 1996 PA 553 and section 13 as amended by 2006 PA 482.

With the recommendation that the substitute (H-8) previously recommended by the Committee on Oversight and Ethics not be adopted.

The committee further recommended that the substitute (H-9) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. LaFontaine, Rendon, Forlini, Goike, Lyons, McBroom, Kivela, Smiley and Plawecki

Nays: None

The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported

Senate Bill No. 507, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175.

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. LaFontaine, Rendon, Forlini, Goike, Lyons, McBroom, Kivela, Smiley and Plawecki

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaFontaine, Chair, of the Committee on Natural Resources, was received and read:

Meeting held on: Tuesday, February 23, 2016

Present: Reps. LaFontaine, Rendon, Forlini, Goike, Lyons, McBroom, Kivela, Smiley and Plawecki

The Committee on Commerce and Trade, by Rep. Graves, Chair, reported

Senate Bill No. 490, entitled

A bill to amend 1988 PA 378, entitled “An act to preserve personal privacy with respect to the purchase, rental, or borrowing of certain materials; and to provide penalties and remedies for violation of this act,” by amending sections 1, 2, 3, 4, and 5 (MCL 445.1711, 445.1712, 445.1713, 445.1714, and 445.1715), section 5 as added by 1989 PA 206.

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. Graves, Sheppard, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn, Leutheuser, Schor, Byrd and Geiss

Nays: Reps. Townsend, Garrett and Moss

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Graves, Chair, of the Committee on Commerce and Trade, was received and read:

Meeting held on: Tuesday, February 23, 2016

Present: Reps. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn, Leutheuser, Schor, Townsend, Byrd, Garrett, Geiss, Love and Moss

The Committee on Health Policy, by Rep. Callton, Chair, reported

Senate Bill No. 592, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 10205 (MCL 333.10205), as added by 1999 PA 62.

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. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, VerHeulen, Bizon, Chatfield, Garcia, Tedder, Brinks, Cochran and Liberati

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 23, 2016

Present: Reps. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Phelps, Geiss, Liberati, Neeley and Wittenberg

The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported

House Bill No. 5129, entitled

A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657), as amended by 2014 PA 317.

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. Pettalia, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Smiley, Cochran, Dianda and Neeley

Nays: Rep. Goike

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Pettalia, Chair, of the Committee on Transportation and Infrastructure, was received and read:

Meeting held on: Tuesday, February 23, 2016

Present: Reps. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley

The Committee on Judiciary, by Rep. Kesto, Chair, reported

House Bill No. 4911, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 36 and 56 of chapter X (MCL 710.36 and 710.56), section 36 as amended by 1996 PA 409 and section 56 as amended by 2014 PA 118.

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. Kesto, Lucido, Heise, Johnson, Cole, Runestad, Irwin, Chang and Guerra

Nays: Rep. Robinson

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 23, 2016

Present: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra

Messages from the Senate

House Bill No. 4727, entitled

A bill to amend 1959 PA 259, entitled “Tall structure act,” by amending sections 1, 2a, 2d, 6, and 7 (MCL 259.481, 259.482a, 259.482d, 259.486, and 259.487), sections 1, 6, and 7 as amended and sections 2a and 2d as added by 1986 PA 296, and by adding section 2f.

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.

House Bill No. 4888, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24 (MCL 211.24), as amended by 2012 PA 409.

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. 566, entitled

A bill to provide protection from civil liability for individuals who take certain actions to prevent harm to minors or animals.

The Senate has passed the bill.

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

Notices

February 23, 2016

Mr. Gary L. Randall

Clerk, Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

This letter is to notify you that I am appointing the following members to the Joint Committee on the Flint Water Public Health Emergency:

Rep. Edward McBroom – Vice Chair

Rep. Edward Canfield

Rep. Jeff Irwin

Sincerely,

Kevin Cotter

Speaker of the House

99th District

Introduction of Bills

Reps. Brett Roberts and Lauwers introduced

House Bill No. 5392, entitled

A bill to amend 1965 PA 329, entitled “Michigan seed law,” by amending section 11 (MCL 286.711), as amended by 1996 PA 86.

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

Reps. Chang, Pagan, Garrett, Durhal and Irwin introduced

House Bill No. 5393, entitled

A bill to amend 1961 PA 120, entitled “An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; to provide for the creation, operation, and dissolution of business improvement zones; and to authorize the collection of revenue and the bonding of certain local governmental units for the development or redevelopment projects,” by amending sections 10, 10a, 10c, 10f, 10g, and 10k (MCL 125.990, 125.990a, 125.990c, 125.990f, 125.990g, and 125.990k), as amended by 2013 PA 126.

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

Reps. Canfield, Schor, Kelly, Bizon, Kivela, Potvin, Irwin, Phelps, Yanez, Darany, Sarah Roberts, Faris, Dianda, Vaupel, Bumstead, McBroom, LaVoy, Glenn, Muxlow, Johnson, Kesto, Webber, Cochran, Pettalia, Chatfield, Hooker, Pagel, Rendon, Leutheuser, Yonker, Franz, Graves, Cole, Inman, Sheppard, Jenkins, Townsend, Geiss, Liberati, Plawecki, Brunner, Aaron Miller, Lucido, Victory, Santana, Lauwers, Neeley, Singh, Cox, Banks and Gay-Dagnogo introduced

House Bill No. 5394, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17031 and 17531 (MCL 333.17031 and 333.17531), section 17031 as amended by 2002 PA 643, and by adding sections 17032 and 17532; and to repeal acts and parts of acts.

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

Announcements by the Clerk

February 18, 2016

Received from the Auditor General a copy of the:

• Performance audit report on the Medical Waste, Scrap Tire, and Solid Waste Programs, Department of Environmental Quality, February 2016.

February 19, 2016

Received from the Auditor General a copy of the:

• Performance audit report on the Grand Rapids Home for Veterans, Michigan Veterans Affairs Agency, Department of Military and Veteran Affairs, February 2016.

Gary L. Randall

Clerk of the House

______

Rep. Vaupel moved that the House adjourn.

The motion prevailed, the time being 3:45 p.m.

Associate Speaker Pro Tempore Franz declared the House adjourned until Wednesday, February 24, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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