No. 31

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2016

House Chamber, Lansing, Thursday, March 24, 2016.

12:00 Noon.

The House was called to order by the Speaker.

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

Afendoulis—present Garrett—present LaFontaine—present Price—present

Banks—present Gay-Dagnogo—present LaGrand—present Pscholka—present

Barrett—present Geiss—present Lane—present Rendon—present

Bizon—present Glardon—present Lauwers—present Roberts, B.—present

Brinks—present Glenn—present LaVoy—present Roberts, S.—present

Brunner—present Goike—present Leonard—present Robinson—present

Bumstead—present Graves—present Leutheuser—present Runestad—present

Byrd—present Greig—present Liberati—present Rutledge—present

Callton—present Greimel—present Love—present Santana—present

Canfield—present Guerra—present Lucido—present Schor—present

Chang—present Heise—present Lyons—present Sheppard—present

Chatfield—present Hoadley—present Maturen—present Singh—present

Chirkun—present Hooker—present McBroom—present Smiley—present

Clemente—present Hovey-Wright—present McCready—present Somerville—present

Cochran—present Howell—present Miller, A.—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—excused 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 Whiteford—present

Faris—present Kelly—present Phelps—present Wittenberg—present

Farrington—present Kesto—present Plawecki—present Yanez—present

Forlini—present Kivela—present Poleski—present Yonker—present

Franz—present Kosowski—present Potvin—present Zemke—present

Garcia—present

e/d/s = entered during session

Rev. Fr. Mina D. Essak, Archpriest of St. Mark Coptic Orthodox Church in Troy, offered the following invocation:

“Dear Almighty God,

We ask for Your Blessings on this meeting.

We ask that Your Wisdom would guide to accomplish the goals on today’s agenda.

We thank You for our lives today, for our health, and for the opportunity to serve the affairs of our beloved state of Michigan.

We ask that You would place Your Hand of blessing on the members of the House of Representatives.

Please grant each member the spirit of wisdom in selecting the best for Michigan. Grant the members the gift of listening and modesty to appreciate each other’s views and opinions.

Inspire our leaders with ideas and new approaches to increase the prosperity of those whom they represent. Grant each member talent with which to multiply their fruits.

May our actions and our attitudes please You this day.

May our conduct create an environment of cooperation and kindness.

We pray these things in Your Almighty Name. Amen.”

______

Rep. Singh moved that Rep. Darany be excused from today’s session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4822, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280f.

(The bill was received from the Senate on March 23, with substitute (S-6), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 30, p. 464.)

The question being on concurring in the substitute (S-6) made to the bill by the Senate,

The substitute (S-6) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 132 Yeas—49

Banks Gay-Dagnogo LaGrand Plawecki

Brinks Geiss Lane Roberts, S.

Brunner Greig LaVoy Rutledge

Byrd Greimel Liberati Schor

Chang Guerra Love Singh

Chirkun Hoadley McCready Smiley

Clemente Hooker Moss Talabi

Cochran Hovey-Wright Muxlow Tedder

Dianda Hughes Neeley Townsend

Driskell Johnson Pagan Wittenberg

Durhal Kivela Pagel Yanez

Faris Kosowski Phelps Zemke

Garrett

Nays—59

Afendoulis Glardon Lauwers Rendon

Barrett Glenn Leonard Roberts, B.

Bizon Goike Leutheuser Robinson

Bumstead Graves Lucido Runestad

Callton Heise Lyons Santana

Canfield Howell Maturen Sheppard

Chatfield Howrylak McBroom Somerville

Cole Iden Miller, A. Theis

Cotter Inman Nesbitt Vaupel

Cox Irwin Outman VerHeulen

Crawford Jacobsen Pettalia Victory

Farrington Jenkins Poleski Webber

Forlini Kelly Potvin Whiteford

Franz Kesto Price Yonker

Garcia LaFontaine Pscholka

In The Chair: Cotter

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Cox, Chang, Cochran, Driskell, Heise, Hoadley, Hughes, LaVoy, Maturen, Pagan, Plawecki, Poleski, Sarah Roberts, Schor, Whiteford and Wittenberg offered the following resolution:

House Resolution No. 258.

A resolution to declare April 2016 as Sexual Assault Awareness Month in the state of Michigan.

Whereas, Sexual Assault Awareness Month is intended to draw attention to the fact that sexual violence is widespread and impacts every community; and

Whereas, Sexual assault is broadly defined as any form of unwanted sexual contact obtained without consent through the use of force, threat of force, intimidation, or coercion; and

Whereas, Rape, sexual assault, and sexual harassment impact our community as seen by statistics indicating that one in five women and one in 71 men will be raped at some point in their lives; and

Whereas, Child sexual abuse prevention must be a priority to confront the reality that one in six boys and one in four girls will experience a sexual assault before the age 18; and

Whereas, Michigan State Police statistics indicate that 11,873 sexual assault related offences were reported to law enforcement in 2013; and

Whereas, Sexual violence can deeply and enduringly impact survivors on psychological, emotional, and social levels; and

Whereas, Access to informed and supportive services can greatly increase survivors’ ability to heal from sexual assault; and

Whereas, Our state and individual communities must be committed to hold sexual assault perpetrators accountable for their heinous crimes; and

Whereas, We must work together to educate our community about sexual violence prevention, supporting survivors, and speaking out against harmful attitudes and actions; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2016 as Sexual Assault Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Lane, Chang, Cochran, Driskell, Hoadley, Hovey-Wright, Hughes, LaVoy, Leutheuser, Maturen, Moss, Pagan, Plawecki, Sarah Roberts, Schor, Whiteford and Wittenberg offered the following resolution:

House Resolution No. 259.

A resolution to declare April 2016 as Autism Awareness Month in the state of Michigan.

Whereas, There are 1.5 million Americans living with the effects of autism spectrum disorder; and

Whereas, Autism is four times more likely to occur in boys than in girls; and

Whereas, Autism is the result of a neurological disorder that affects the normal functioning of the brain, impacting development in the areas of social interaction and communication skills; and

Whereas, Autism knows no racial, ethnic, social boundaries, family income, lifestyle, or educational levels, and can affect any family and any child; and

Whereas, The demands of living with a person with autism are great and families frequently experience significant financial costs for specialized education and support services. The uniqueness of each individual with autism makes the experience of living with autism different for each family; and

Whereas, Autism is a lifelong condition and the necessary support and treatment changes as people on the spectrum move through major life phases. Their quality of life depends not only upon the foundation that is provided in childhood, but on ongoing supports that are specific to the educational, medical, social, recreational, family, and employment needs of the individual; and

Whereas, Early intervention services are the primary therapeutic option for young people with autism and that early intervention significantly improves the outcome for people with autism and can reduce the level of funding and services needed to treat people with autism later in life; and

Whereas, The Michigan Developmental Disabilities Council supports people with developmental disabilities, including those with autism, to achieve their life’s dreams and ensure that all citizens of Michigan have the opportunities and support to achieve their full potential; and

Whereas, New opportunities are being created through collaborative efforts of family members, professionals, and all levels of government to bring about significant changes in the public perception of young people and adults with developmental disabilities, including those with autism, opening new doors to independent and productive lives; and

Whereas, On March 23, 2007, Congress designated April as National Autism Awareness Month, supporting efforts to increase funding for research into the causes and treatment of autism and to improve training and support for individuals with autism and those who care for individuals with autism; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2016 as Autism Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

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

Substitute for House Resolution No. 259.

A resolution to declare April 2016 as Autism Awareness Month in the state of Michigan.

Whereas, There are 3.5 million Americans living with the effects of autism spectrum disorder; and

Whereas, Autism is four to five times more likely to occur in boys than in girls; and

Whereas, Autism is the result of a neurological disorder that affects the normal functioning of the brain, impacting development in the areas of social interaction and communication skills; and

Whereas, Autism knows no racial, ethnic, social boundaries, family income, lifestyle, or educational levels, and can affect any family and any child; and

Whereas, The demands of living with a person with autism are great and families frequently experience significant financial costs for specialized education and support services. The uniqueness of each individual with autism makes the experience of living with autism different for each family; and

Whereas, Autism is a lifelong condition and the necessary support and treatment changes as people on the spectrum move through major life phases. Their quality of life depends not only upon the foundation that is provided in childhood, but on ongoing supports that are specific to the educational, medical, social, recreational, family, and employment needs of the individual; and

Whereas, Early intervention services are the primary therapeutic option for young people with autism and that early intervention significantly improves the outcome for people with autism and can reduce the level of funding and services needed to treat people with autism later in life; and

Whereas, The Michigan Developmental Disabilities Council supports people with developmental disabilities, including those with autism, to achieve their life’s dreams and ensure that all citizens of Michigan have the opportunities and support to achieve their full potential; and

Whereas, New opportunities are being created through collaborative efforts of family members, professionals, and all levels of government to bring about significant changes in the public perception of young people and adults with developmental disabilities, including those with autism, opening new doors to independent and productive lives; and

Whereas, On March 23, 2007, Congress designated April as National Autism Awareness Month, supporting efforts to increase funding for research into the causes and treatment of autism and to improve training and support for individuals with autism and those who care for individuals with autism; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2016 as Autism Awareness 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.

Reps. Afendoulis, Tedder, Pettalia, Chang, Cochran, Crawford, Driskell, Heise, Hoadley, Hovey-Wright, Hughes, LaVoy, Leutheuser, Maturen, Plawecki and Wittenberg offered the following resolution:

House Resolution No. 260.

A resolution to declare March 25, 2016, as Greek Independence Day in the state of Michigan.

Whereas, The concept of democracy, in which the supreme power to govern was vested in the people, was developed by the ancient Greeks; and

Whereas, The Founding Fathers of the United States were heavily influenced by the political and philosophical principles of ancient Greece; and

Whereas, Our Greek American community enriches our economic and cultural development through its many contributions to science, technology, medicine, government, economics, architecture, and the arts; and

Whereas, Michigan is home to nearly 50,000 residents of Greek descent; and

Whereas, Greece and the United States have been allies through two World Wars, the Korean conflict, Vietnam, Desert Storm, and the Cold War; and

Whereas, Winston Churchill once said, “If there had not been the virtue and courage of the Greeks, we do not know which the outcome of World War II would have been” and “no longer will we say that Greeks fight like heroes, but that heroes fight like Greeks”; and

Whereas, March 25, 2016, marks the 195th anniversary of the uprising that led to the War of Greek Independence from the Ottoman Empire; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 25, 2016, as Greek Independence Day in the state of Michigan. We thank those of Greek heritage for the important contributions they have made to our state and our country.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Liberati, Townsend, Lane, Chang, Cochran, Driskell, Heise, Hoadley, Hovey-Wright, LaVoy, Leutheuser, Maturen, Moss, Pagan, Plawecki, Sarah Roberts, Schor, Whiteford and Wittenberg offered the following resolution:

House Resolution No. 261.

A resolution to declare April 2, 2016, as Autism Awareness Day in the state of Michigan.

Whereas, There are over 3.5 million Americans living with the effects of autism spectrum disorder; and

Whereas, Autism is five times more likely to occur in boys than in girls; and

Whereas, Autism is the result of a neurological disorder that affects the normal functioning of the brain, impacting development in the areas of social interaction and communication skills; and

Whereas, Autism knows no racial, ethnic, social boundaries, family income, lifestyle, or educational levels, and can affect any family and any child; and

Whereas, The demands of living with a person with autism are great and families frequently experience significant financial costs for specialized education and support services. The uniqueness of each individual with autism makes the experience of living with autism different for each family; and

Whereas, Autism is a lifelong condition and the necessary support and treatment changes as people on the spectrum move through major life phases. Their quality of life depends not only upon the foundation that is provided in childhood, but on ongoing supports that are specific to the educational, medical, social, recreational, family, and employment needs of the individual; and

Whereas, Early intervention services are the primary therapeutic option for young people with autism and that early intervention significantly improves the outcome for people with autism and can reduce the level of funding and services needed to treat people with autism later in life; and

Whereas, The Michigan Developmental Disabilities Council supports people with developmental disabilities, including those with autism, to achieve their life’s dreams and ensure that all citizens of Michigan have the opportunities and support to achieve their full potential; and

Whereas, New opportunities are being created through collaborative efforts of family members, professionals, and all levels of government to bring about significant changes in the public perception of young people and adults with developmental disabilities, including those with autism, opening new doors to independent and productive lives; and

Whereas, On March 23, 2007, Congress designated April as National Autism Awareness Month, supporting efforts to increase funding for research into the causes and treatment of autism and to improve training and support for individuals with autism and those who care for individuals with autism; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2, 2016, as Autism Awareness Day in the state of Michigan.

The question being on the adoption of the resolution,

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

Substitute for House Resolution No. 261.

A resolution to declare April 2, 2016, as Autism Awareness Day in the state of Michigan.

Whereas, There are over 3.5 million Americans living with the effects of autism spectrum disorder; and

Whereas, Autism is four to five times more likely to occur in boys than in girls; and

Whereas, Autism is the result of a neurological disorder that affects the normal functioning of the brain, impacting development in the areas of social interaction and communication skills; and

Whereas, Autism knows no racial, ethnic, social boundaries, family income, lifestyle, or educational levels, and can affect any family and any child; and

Whereas, The demands of living with a person with autism are great and families frequently experience significant financial costs for specialized education and support services. The uniqueness of each individual with autism makes the experience of living with autism different for each family; and

Whereas, Autism is a lifelong condition and the necessary support and treatment changes as people on the spectrum move through major life phases. Their quality of life depends not only upon the foundation that is provided in childhood, but on ongoing supports that are specific to the educational, medical, social, recreational, family, and employment needs of the individual; and

Whereas, Early intervention services are the primary therapeutic option for young people with autism and that early intervention significantly improves the outcome for people with autism and can reduce the level of funding and services needed to treat people with autism later in life; and

Whereas, The Michigan Developmental Disabilities Council supports people with developmental disabilities, including those with autism, to achieve their life’s dreams and ensure that all citizens of Michigan have the opportunities and support to achieve their full potential; and

Whereas, New opportunities are being created through collaborative efforts of family members, professionals, and all levels of government to bring about significant changes in the public perception of young people and adults with developmental disabilities, including those with autism, opening new doors to independent and productive lives; and

Whereas, On March 23, 2007, Congress designated April as National Autism Awareness Month, supporting efforts to increase funding for research into the causes and treatment of autism and to improve training and support for individuals with autism and those who care for individuals with autism; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2, 2016, as Autism Awareness Day 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.

Reps. Pagan, Singh, Brinks, Irwin, Chang, Cochran, Driskell, Hoadley, Hovey-Wright, LaVoy, Love, Maturen, Moss, Plawecki, Sarah Roberts, Schor and Wittenberg offered the following resolution:

House Resolution No. 262.

A resolution to declare April 10-16, 2016, as Pay Equity Week in the state of Michigan.

Whereas, It has been 53 years since the passage of the Equal Pay Act and even with the passage of Title VII of the Civil Rights Act just one year later, women and people of color continue to suffer the consequences of inequitable pay differentials; and

Whereas, Over a working lifetime, wage disparity costs the average American woman and her family, impacting Social Security benefits and pensions; and

Whereas, Pay discrimination based on any factor is wrong and employees should be compensated by their employers based solely on their merits; and

Whereas, Fair pay strengthens the security of families today and eases future retirement costs while enhancing the American economy; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 10-16, 2016, as Pay Equity Week in the state of Michigan. We urge Michigan’s citizens to recognize the full value of women’s skills and significant contributions to the labor force.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Committee on Military and Veterans Affairs, by Rep. Barrett, Chair, reported

House Resolution No. 255.

A resolution to declare March 20-26, 2016, as Brain Injury Awareness Week in the state of Michigan.

(For text of resolution, see House Journal No. 30, p. 453.)

With the recommendation that the following substitute (H-2) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 255.

A resolution to declare March 20-26, 2016, as Brain Injury Awareness Week in the state of Michigan.

Whereas, A traumatic brain injury (TBI) is a blow, jolt, or bump to the head or a penetrating head injury that disrupts the normal function of the brain; and

Whereas, At least 2.5 million children and adults sustain a traumatic brain injury each year, and at least 5.3 million people nationwide live with long term disabilities due to TBI; and

Whereas, Early, equal, and adequate access to care greatly increases the overall quality of life for individuals with TBI, enabling them to return to home, school, work, and community; and

Whereas, Post 9-11 veterans with a traumatic brain injury are at an increased risk of developing post-traumatic stress disorder; and

Whereas, An estimated 39% of returning veterans with traumatic brain injury also have post- traumatic stress disorder; and

Whereas, The Brain Injury Association of America promotes March as Brain Injury Awareness Month with the motto “Not Alone” to encourage awareness of the extent, causes, consequences, treatment, and prevention of TBI; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body declare March 20-26, 2016, as Brain Injury Awareness Week in the state of Michigan.

Favorable Roll Call

To Report Out:

Yeas: Reps. Barrett, Hughes, Hooker, Outman, Glenn, Whiteford, Rutledge, Talabi and LaGrand

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Barrett, Chair, of the Committee on Military and Veterans Affairs, was received and read:

Meeting held on: Thursday, March 24, 2016

Present: Reps. Barrett, Hughes, Hooker, Outman, Glenn, Whiteford, Rutledge, Talabi and LaGrand

The Speaker laid before the House

House Resolution No. 255.

A resolution to declare March 20-26, 2016, as Brain Injury Awareness Week in the state of Michigan.

(For text of resolution, see House Journal No. 30, p. 453.)

(The resolution was reported by the Committee on Military and Veterans Affairs on March 24, with substitute (H-2).)

(For substitute, see today’s Journal, p. 472.)

The question being on the adoption of the proposed substitute (H-2) recommended by the Committee,

The substitute (H-2) was adopted, a majority of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

House Bill No. 5385, entitled

A bill to amend 2014 PA 181, entitled “Michigan financial review commission act,” by amending sections 2, 3, 4, 5, 6, 7, 8, and 12 (MCL 141.1632, 141.1633, 141.1634, 141.1635, 141.1636, 141.1637, 141.1638, and 141.1642).

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Rep. Nesbitt moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (S-3) made to the bill by the Senate,

The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 133 Yeas—95

Afendoulis Glenn LaVoy Pscholka

Barrett Goike Leonard Rendon

Brinks Graves Leutheuser Roberts, B.

Bumstead Greig Liberati Roberts, S.

Callton Greimel Love Runestad

Canfield Guerra Lucido Rutledge

Chang Heise Lyons Santana

Chatfield Hooker Maturen Schor

Chirkun Hovey-Wright McBroom Sheppard

Clemente Howell McCready Singh

Cochran Howrylak Miller, A. Smiley

Cole Hughes Moss Somerville

Cotter Iden Muxlow Tedder

Cox Inman Neeley Theis

Crawford Jacobsen Nesbitt Townsend

Dianda Jenkins Outman Vaupel

Driskell Johnson Pagan VerHeulen

Faris Kelly Pagel Victory

Farrington Kesto Pettalia Webber

Forlini Kivela Phelps Whiteford

Franz Kosowski Plawecki Yanez

Garcia LaFontaine Poleski Yonker

Geiss Lane Potvin Zemke

Glardon Lauwers Price

Nays—13

Banks Durhal Hoadley Robinson

Bizon Garrett Irwin Talabi

Brunner Gay-Dagnogo LaGrand Wittenberg

Byrd

In The Chair: Cotter

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. 5296, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The Senate has amended the bill as follows:

1. Amend page 4, line 10, after “1643” by inserting a comma and “or section 12(4) of the Michigan financial review commission act, 2014 PA 181, MCL 141.1642(4), applies to the distressed school district”.

The Senate has passed the bill as amended and ordered that it be given immediate effect.

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

Rep. Nesbitt moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 134 Yeas—104

Afendoulis Geiss LaGrand Pscholka

Banks Glardon Lane Rendon

Barrett Glenn Lauwers Roberts, B.

Brinks Goike LaVoy Roberts, S.

Brunner Graves Leonard Robinson

Bumstead Greig Leutheuser Runestad

Byrd Greimel Liberati Rutledge

Callton Guerra Love Santana

Canfield Heise Lucido Schor

Chang Hoadley Lyons Sheppard

Chirkun Hooker Maturen Singh

Clemente Hovey-Wright McBroom Smiley

Cochran Howell McCready Somerville

Cotter Howrylak Moss Talabi

Cox Hughes Muxlow Tedder

Crawford Iden Neeley Theis

Dianda Inman Nesbitt Townsend

Driskell Irwin Outman Vaupel

Durhal Jacobsen Pagan VerHeulen

Faris Jenkins Pagel Victory

Farrington Johnson Pettalia Webber

Forlini Kelly Phelps Whiteford

Franz Kesto Plawecki Wittenberg

Garcia Kivela Poleski Yanez

Garrett Kosowski Potvin Yonker

Gay-Dagnogo LaFontaine Price Zemke

Nays—4

Bizon Chatfield Cole Miller, A.

In The Chair: Cotter

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

The Speaker laid before the House

House Bill No. 4577, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312f (MCL 257.312f), as amended by 2015 PA 11.

(The bill was received from the Senate on March 23, 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. 30, p. 463.)

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. 135 Yeas—108

Afendoulis Garrett LaFontaine Price

Banks Gay-Dagnogo LaGrand Pscholka

Barrett Geiss Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Robinson

Bumstead Graves Leutheuser Runestad

Byrd Greig Liberati Rutledge

Callton Greimel Love Santana

Canfield Guerra Lucido Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Singh

Chirkun Hooker McBroom Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howell Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Theis

Cox Iden Neeley Townsend

Crawford Inman Nesbitt Vaupel

Dianda Irwin Outman VerHeulen

Driskell Jacobsen Pagan Victory

Durhal Jenkins Pagel Webber

Faris Johnson Pettalia Whiteford

Farrington Kelly Phelps Wittenberg

Forlini Kesto Plawecki Yanez

Franz Kivela Poleski Yonker

Garcia Kosowski Potvin Zemke

Nays—0

In The Chair: Cotter

The House agreed to the full title.

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

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

Senate Bill No. 352, entitled

A bill to allow for designation of a caregiver; to prescribe the duties of a designated caregiver; to enable a hospital to assist in designating a caregiver; and to prescribe the duties of state departments and agencies.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Graves moved to amend the bill as follows:

1. Amend page 2, line 11, after “who” by striking out the balance of the line through “compensation,” on line 12 and inserting “voluntarily”.

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,

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

Roll Call No. 136 Yeas—70

Afendoulis Geiss Kosowski Poleski

Barrett Glardon LaFontaine Potvin

Bizon Glenn Lauwers Price

Brinks Goike LaVoy Pscholka

Bumstead Graves Leonard Rendon

Callton Heise Leutheuser Roberts, B.

Canfield Hooker Lucido Runestad

Chatfield Howell Lyons Sheppard

Cole Howrylak Maturen Somerville

Cotter Hughes McBroom Tedder

Cox Iden McCready Theis

Crawford Inman Miller, A. Vaupel

Dianda Jacobsen Muxlow VerHeulen

Driskell Jenkins Nesbitt Victory

Farrington Johnson Outman Webber

Forlini Kelly Pagel Whiteford

Franz Kesto Pettalia Yonker

Garcia Kivela

Nays—38

Banks Gay-Dagnogo Love Santana

Brunner Greig Moss Schor

Byrd Greimel Neeley Singh

Chang Guerra Pagan Smiley

Chirkun Hoadley Phelps Talabi

Clemente Hovey-Wright Plawecki Townsend

Cochran Irwin Roberts, S. Wittenberg

Durhal LaGrand Robinson Yanez

Faris Lane Rutledge Zemke

Garrett Liberati

In The Chair: Leonard

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.

______

Rep. Hoadley, 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:

Although I agree with the intent of this bill, I have concerns about final judicial interpretation of the language if litigated in court. According to some legal opinions, ‘subsection (2)’s language could be construed broadly’ and ‘could be interpreted to insulate hospitals (and the others identified in subsection (2)) from any and all liability for “services rendered or not rendered by a caregiver,” even if the caregiver was acting at the hospital’s, employees’, consultants’, or contractors’ instruction, advice, or recommendation.’ We would never want a family to be denied justice due to a technical loophole this bill may create.”

Rep. Plawecki, 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:

While I applaud the efforts of Senator O’Brien to create protections for seniors, this bill would make providers immune from liability due to the very broad language which could be interpreted as insulating hospitals from any and all liability for ‘services rendered or not rendered by a caregiver’ even if the caregiver was acting at the hospital’s instructions provided by the hospital or it’s employee upon a patient’s discharge.”

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:

I voted no on SB 352. While SB 352, the Designated Caregiver Act, addresses the need to name a lay caregiver to serve as a liaison and be trained for patient care, it creates potential liability disputes by exempting hospital workers from mistakes made by designated caregivers. The exemption however, does not protect against mistakes made by the hospital. In addition, the bill does not require written discharge instructions which can reduce the occurrence of said mistakes. For these reasons, I voted no on SB 352.”

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

“Mr. Speaker and members of the House:

I voted no on Senate Bill 352. The intent in passing Senate Bill 352, otherwise known as the CARE act, was to ensure better care of patients after discharge from a hospital. There is a real concern that we need to ensure family caregivers are given the information and preparation they need to care for their loved ones properly and safely. Additionally, SB 352 does not explicitly and directly change medical malpractice liability for hospitals if incorrect or inaccurate information is given to caregivers or patients upon discharge, the language of the statue is both flexible and subject to interpretation. If the language is construed broadly, it could be interpreted by courts to shield hospitals and their employees from liability for services rendered, or not rendered, by a caregiver, even if those services were at the advice or instruction of the hospital and its employees. We need family members to step up and care for their loved ones after a hospital stay, and we need to be cautious about limiting liability for erroneous instructions given to laypersons. For those reasons, I did not support the passage of SB 352.”

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

“Mr. Speaker and members of the House:

I voted no on Senate Bill 352. The intent in passing Senate Bill 352, otherwise known as the CARE act, was to ensure better care of patients after discharge from a hospital. There is a real concern that we need to ensure family caregivers are given the information and preparation they need to care for their loved ones properly and safely. Additionally, SB 352 does not explicitly and directly change medical malpractice liability for hospitals if incorrect or inaccurate information is given to caregivers or patients upon discharge, the language of the statue is both flexible and subject to interpretation. If the language is construed broadly, it could be interpreted by courts to shield hospitals and their employees from liability for services rendered, or not rendered, by a caregiver, even if those services were at the advice or instruction of the hospital and its employees. We need family members to step up and care for their loved ones after a hospital stay, and we need to be cautious about limiting liability for erroneous instructions given to laypersons.

Although I agree with the intent of this bill, I have concerns about final judicial interpretation of the language if litigated in court. According to some legal opinions, ‘subsection (2)’s language could be construed broadly’ and ‘could be interpreted to insulate hospitals (and the others identified in subsection (2)) from any and all liability for “services rendered or not rendered by a caregiver,” even if the caregiver was acting at the hospital’s, employees’, consultants’, or contractors’ instruction, advice, or recommendation.’ We would never want a family to be denied justice due to a technical loophole this bill may create.”

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

“Mr. Speaker and members of the House:

I voted no on Senate Bill 352. The intent in passing Senate Bill 352, otherwise known as the CARE act, was to ensure better care of patients after discharge from a hospital. There is a real concern that we need to ensure family caregivers are given the information and preparation they need to care for their loved ones properly and safely. However, SB 352 does not explicitly and directly change medical malpractice liability for hospitals if incorrect or inaccurate information is given to caregivers or patients upon discharge, because the language of the statue is both flexible and subject to interpretation. If the language is construed broadly, it could be interpreted by courts to shield hospitals and their employees from liability for services rendered, or not rendered, by a caregiver, even if those services were at the advice or instruction of the hospital and its employees. We need family members to step up and care for their loved ones after a hospital stay, and we need to be cautious about limiting liability for erroneous instructions given to laypersons. For those reasons, I did not support the passage of SB 352.”

Senate Bill No. 582, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87c (MCL 211.87b and 211.87c), section 87b as amended by 2014 PA 126 and section 87c as amended by 2012 PA 431, and by adding section 87f.

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

Roll Call No. 137 Yeas—108

Afendoulis Garrett LaFontaine Price

Banks Gay-Dagnogo LaGrand Pscholka

Barrett Geiss Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Robinson

Bumstead Graves Leutheuser Runestad

Byrd Greig Liberati Rutledge

Callton Greimel Love Santana

Canfield Guerra Lucido Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Singh

Chirkun Hooker McBroom Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howell Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Theis

Cox Iden Neeley Townsend

Crawford Inman Nesbitt Vaupel

Dianda Irwin Outman VerHeulen

Driskell Jacobsen Pagan Victory

Durhal Jenkins Pagel Webber

Faris Johnson Pettalia Whiteford

Farrington Kelly Phelps Wittenberg

Forlini Kesto Plawecki Yanez

Franz Kivela Poleski Yonker

Garcia Kosowski Potvin Zemke

Nays—0

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 assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”

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.

Senate Bill No. 583, entitled

A bill to amend 1933 PA 94, entitled “The revenue bond act of 1933,” by amending the title and section 3 (MCL 141.103), the title as amended by 1998 PA 196 and section 3 as amended by 2002 PA 465, and by adding sections 7b, 21a, 22a, and 24a.

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

Roll Call No. 138 Yeas—108

Afendoulis Garrett LaFontaine Price

Banks Gay-Dagnogo LaGrand Pscholka

Barrett Geiss Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Robinson

Bumstead Graves Leutheuser Runestad

Byrd Greig Liberati Rutledge

Callton Greimel Love Santana

Canfield Guerra Lucido Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Singh

Chirkun Hooker McBroom Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howell Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Theis

Cox Iden Neeley Townsend

Crawford Inman Nesbitt Vaupel

Dianda Irwin Outman VerHeulen

Driskell Jacobsen Pagan Victory

Durhal Jenkins Pagel Webber

Faris Johnson Pettalia Whiteford

Farrington Kelly Phelps Wittenberg

Forlini Kesto Plawecki Yanez

Franz Kivela Poleski Yonker

Garcia Kosowski Potvin Zemke

Nays—0

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 authorize public corporations to purchase, acquire, construct, improve, enlarge, extend, or repair public improvements within or without their corporate limits, and to own, operate, and maintain the same; to authorize the condemnation of property for such public improvements; to provide for the imposition and collection of charges, fees, rentals, or rates for the services, facilities, and commodities furnished by such public improvements; to provide for the issuance of bonds and refunding bonds payable from the revenues of public improvements; to provide for a pledge by public corporations of their full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary for the payment of the bonds, or for advancing money from general funds for payment of bonds; to provide for payment, retirement, and security of such bonds; to provide for the imposition of special assessment bonds for the purpose of refunding outstanding revenue bonds; to prescribe the powers and duties of the department of treasury and of the municipal finance commission or its successor agency relative to such bonds and relative to private activity bonds issued by a state or local governmental entity; to provide for other matters in respect to such public improvements and bonds and to validate action taken and bonds issued; and to prescribe penalties and provide 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.

Senate Bill No. 171, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66.

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

Roll Call No. 139 Yeas—107

Afendoulis Garrett LaFontaine Price

Banks Gay-Dagnogo LaGrand Pscholka

Barrett Geiss Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Runestad

Bumstead Graves Leutheuser Rutledge

Byrd Greig Liberati Santana

Callton Greimel Love Schor

Canfield Guerra Lucido Sheppard

Chang Heise Lyons Singh

Chatfield Hoadley Maturen Smiley

Chirkun Hooker McBroom Somerville

Clemente Hovey-Wright McCready Talabi

Cochran Howell Miller, A. Tedder

Cole Howrylak Moss Theis

Cotter Hughes Muxlow Townsend

Cox Iden Neeley Vaupel

Crawford Inman Nesbitt VerHeulen

Dianda Irwin Outman Victory

Driskell Jacobsen Pagan Webber

Durhal Jenkins Pagel Whiteford

Faris Johnson Pettalia Wittenberg

Farrington Kelly Phelps Yanez

Forlini Kesto Plawecki Yonker

Franz Kivela Poleski Zemke

Garcia Kosowski Potvin

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 provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”

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.

Senate Bill No. 476, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2014 PA 298 and section 11 as amended by 2012 PA 325.

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

Roll Call No. 140 Yeas—90

Afendoulis Glardon Lane Pscholka

Barrett Glenn Lauwers Rendon

Brunner Goike LaVoy Roberts, B.

Bumstead Graves Leonard Roberts, S.

Byrd Greig Leutheuser Robinson

Callton Greimel Liberati Runestad

Canfield Heise Lucido Rutledge

Chatfield Hoadley Lyons Santana

Chirkun Hooker Maturen Schor

Clemente Howell McBroom Sheppard

Cochran Howrylak McCready Singh

Cole Hughes Miller, A. Somerville

Cotter Iden Muxlow Tedder

Cox Inman Neeley Theis

Crawford Irwin Nesbitt Vaupel

Dianda Jacobsen Outman VerHeulen

Driskell Jenkins Pagel Victory

Durhal Johnson Pettalia Webber

Farrington Kelly Plawecki Whiteford

Forlini Kesto Poleski Yanez

Franz Kivela Potvin Yonker

Garcia Kosowski Price Zemke

Geiss LaFontaine

Nays—18

Banks Garrett Love Smiley

Bizon Gay-Dagnogo Moss Talabi

Brinks Guerra Pagan Townsend

Chang Hovey-Wright Phelps Wittenberg

Faris LaGrand

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 a tax upon the sale and distribution of tobacco products; to regulate and license manufacturers, wholesalers, secondary wholesalers, vending machine operators, unclassified acquirers, transportation companies, transporters, and retailers of tobacco products; to prescribe the powers and duties of the revenue division and the department of treasury in regard to tobacco products; to provide for the administration, collection, and disposition of the tax; to levy an assessment; to provide for the administration, collection, defense, and disposition of the assessment; to provide for the enforcement of this act; to provide for the appointment of special investigators as peace officers for the enforcement of this act; to prescribe penalties and provide remedies for the violation of this act; to make and supplement appropriations; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

House Bill No. 5121, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 4g.

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

Roll Call No. 141 Yeas—92

Afendoulis Franz LaFontaine Roberts, B.

Banks Garcia LaGrand Roberts, S.

Barrett Garrett Lane Robinson

Bizon Gay-Dagnogo Lauwers Runestad

Brinks Geiss LaVoy Rutledge

Brunner Glardon Leonard Santana

Byrd Graves Liberati Schor

Callton Greig Love Sheppard

Canfield Greimel Lucido Singh

Chang Guerra Lyons Smiley

Chatfield Heise Maturen Somerville

Chirkun Hoadley McBroom Talabi

Clemente Hovey-Wright Miller, A. Tedder

Cochran Howrylak Moss Theis

Cotter Hughes Muxlow Townsend

Cox Iden Neeley Vaupel

Crawford Inman Nesbitt VerHeulen

Dianda Irwin Pagan Webber

Driskell Jacobsen Phelps Whiteford

Durhal Jenkins Plawecki Wittenberg

Faris Kesto Poleski Yanez

Farrington Kivela Price Yonker

Forlini Kosowski Pscholka Zemke

Nays—16

Bumstead Hooker Leutheuser Pettalia

Cole Howell McCready Potvin

Glenn Johnson Outman Rendon

Goike Kelly Pagel Victory

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.

Second Reading of Bills

House Bill No. 4984, entitled

A bill to amend 2003 PA 260, entitled “Tax reverted clean title act,” by amending section 5 (MCL 211.1025), as amended by 2012 PA 222.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5119, entitled

A bill to amend 1978 PA 389, entitled “An act to provide for the prevention and treatment of domestic violence; to develop and establish policies, procedures, and standards for providing domestic violence assistance programs and services; to create a domestic violence prevention and treatment board and prescribe its powers and duties; to establish a domestic violence prevention and treatment fund and provide for its use; to prescribe powers and duties of the family independence agency; to prescribe immunities and liabilities of certain persons and officials; and to prescribe penalties for violations of this act,” by amending the title and section 1 (MCL 400.1501), the title as amended by 2001 PA 192 and section 1 as amended by 2000 PA 84.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5283, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2 and 36 (MCL 567.222 and 567.256), section 2 as amended by 2008 PA 208, and by adding section 36a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Tax Policy,

The substitute (H-4) was not adopted, a majority of the members serving not voting therefor.

Rep. Webber moved to substitute (H-5) the bill.

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Townsend moved to amend the bill as follows:

1. Amend page 6, line 17, after “DEPARTMENT.” by inserting “A LOCATOR SHALL PERFORM BACKGROUND CHECKS ON THE INDIVIDUAL WHO IS THE PRIMARY POINT OF CONTACT, CURRENT OFFICERS OR OWNERS OF THE ENTITY, AND ALL CURRENT EMPLOYEES OF THE ENTITY WHO PERFORM OR DIRECT LOCATOR SERVICES.”.

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

Rep. Townsend moved to amend the bill as follows:

1. Amend page 5, following line 12, by inserting:

“(2) AN AGREEMENT TO PAY COMPENSATION TO RECOVER OR ASSIST IN THE RECOVERY OF PROPERTY REPORTED UNDER SECTION 18 THAT EXCEEDS 15% OF THE VALUE OF THAT PROPERTY IS UNENFORCEABLE.” and renumbering the remaining subsection.

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

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

The motion prevailed.

House Bill No. 4787, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 213a.

The bill was read a second time.

Rep. Price moved to substitute (H-1) the bill.

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

Rep. Guerra moved to amend the bill as follows:

1. Amend page 1, line 3, after the second “TO” by striking out the balance of the line and inserting “MAKE ANY REPRODUCTIVE HEALTH DECISION:”.

2. Amend page 1, line 11, after “FEMALE” by striking out the balance of the page through “ABORTION,” on line 1 of page 2 and inserting “ABOUT HER REPRODUCTIVE HEALTH DECISION,”.

3. Amend page 2, line 4, after “FEMALE” by striking out “DOES NOT WANT TO OBTAIN AN ABORTION” and inserting “HAS MADE A DECISION ABOUT HER REPRODUCTIVE HEALTH THAT”.

4. Amend page 2, line 6, after “TO” by striking out the balance of the line and inserting “MAKE A REPRODUCTIVE HEALTH DECISION.”.

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

Rep. Guerra moved to amend the bill as follows:

1. Amend page 1, line 3, after “WILL” by inserting “OR TO CONTINUE THE PREGNANCY AGAINST HER WILL”.

2. Amend page 2, line 1, after “ABORTION” by inserting “OR DOES NOT WANT TO CONTINUE THE PREGNANCY”.

3. Amend page 2, line 4, after “ABORTION” by inserting “OR DOES NOT WANT TO CONTINUE THE PREGNANCY”.

4. Amend page 2, line 7, after “ABORTION” by inserting “OR TO CONTINUE THE PREGNANCY”.

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

Rep. Hovey-Wright moved to amend the bill as follows:

1. Amend page 3, line 7, by striking out all of subdivision (C).

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

Rep. Yanez moved to amend the bill as follows:

1. Amend page 2, following line 7, by inserting:

“(3) SUBSECTION (1) DOES NOT APPLY TO A HEALTH PROFESSIONAL ACTING AS A PATIENT’S PRIMARY CARE OR OBSTETRICS/GYNECOLOGY PROVIDER WHO COMMUNICATES HIS OR HER MEDICAL OPINION TO A PREGNANT WOMAN THAT SHE SHOULD NOT CONTINUE A PREGNANCY, IF THAT MEDICAL OPINION IS BASED ON THE HEALTH PROFESSIONAL’S MEDICAL TRAINING AND EXPERIENCE.” and renumbering the remaining subsections.

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

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

The motion prevailed.

House Bill No. 4830, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2011 PA 202.

The bill was read a second time.

Rep. Chang moved to amend the bill as follows:

1. Amend page 1, line 6, after “TO” by striking out “HAVE AN ABORTION.” and inserting “MAKE A REPRODUCTIVE HEALTH DECISION”.

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

Rep. Hovey-Wright moved to amend the bill as follows:

1. Amend page 1, line 6, after “ABORTION” by inserting “OR CONTINUE A PREGNANCY”.

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Nesbitt moved that House Bill No. 4787 be placed on its immediate passage.

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

House Bill No. 4787, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 213a.

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

Roll Call No. 142 Yeas—65

Afendoulis Glenn Lauwers Potvin

Barrett Goike LaVoy Price

Bizon Graves Leonard Pscholka

Brunner Heise Leutheuser Rendon

Bumstead Hooker Lucido Roberts, B.

Callton Howell Lyons Runestad

Canfield Howrylak Maturen Sheppard

Chatfield Hughes McBroom Somerville

Cole Iden McCready Tedder

Cotter Inman Miller, A. Theis

Cox Jacobsen Muxlow Vaupel

Crawford Jenkins Nesbitt VerHeulen

Farrington Johnson Outman Victory

Forlini Kelly Pagel Webber

Franz Kesto Pettalia Whiteford

Garcia LaFontaine Poleski Yonker

Glardon

Nays—43

Banks Garrett LaGrand Rutledge

Brinks Gay-Dagnogo Lane Santana

Byrd Geiss Liberati Schor

Chang Greig Love Singh

Chirkun Greimel Moss Smiley

Clemente Guerra Neeley Talabi

Cochran Hoadley Pagan Townsend

Dianda Hovey-Wright Phelps Wittenberg

Driskell Irwin Plawecki Yanez

Durhal Kivela Roberts, S. Zemke

Faris Kosowski Robinson

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. Robinson, 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:

The bill is redundant and the language is overly broad and vague. There are several criminal statutes that address assault.”

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:

No vote explanation for HB 4787 and HB 4830.

I voted against House Bills 4787 and 4830, otherwise known as the coercive abortion bills, because coercive abortion is already against the law. The law clearly defines informed consent and makes it illegal to force a woman to have an abortion against her will. These bills are, quite simply, redundant. The bills also do nothing to respect free will or the health and well-being of women across Michigan which is why I voted no.”

Rep. Greimel, 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:

In 2012, I voted yes on HB 4798 and HB 4799, which were similar to HB 4787 and HB 4830. I did so because I am strongly opposed to any attempt to coerce a women to make any decision regarding her health and body. However, I am voting no on HB 4787 and HB 4830 because HB 4787 drastically and inappropriately broadens the definition of ‘coercion,’ while simultaneously making the definition more vague. HB 4787 does so by expanding the definition of ‘coercion’ to include how that term is defined ‘in section 462A.’ As a result, the bill defines coercion to include ‘… any pattern intended to cause an individual to believe that failure to perform an act would result in psychological … harm to … any individual.’ By this definition, any individual who has an honest conversation with a woman about that individual’s thoughts and views regarding the options available to the woman could be accused of ‘coercion’ if the conversation might be perceived to cause the woman emotional or psychological harm. This language is overly broad, could be exploited by overly zealous prosecutors, and could ultimately have a chilling effect on individuals’ First Amendment rights of free speech.”

Rep. Driskell, 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:

We can all agree that women should not be coerced into any decisions surrounding their pregnancies – neither to have an abortion nor to carry their pregnancies to term. Thankfully, however, we already have multiple laws on the books that address the issue, protecting women from coercion of this very kind. The informed consent law mandates that a woman’s consent to an abortion be given freely and without coercion. The aggravated stalking law makes such coercion illegal. And Elliot Larsen protects women from discrimination based on pregnancy-related actions. In fact, then- Rep. Rick Jones and the MI Legislature strengthened this bill in 2009 by adding workplace protections. This issue has already been addressed.

In addition to being redundant, this bill lacks clarity in its vagueness surrounding the definition of coercion. It could bring about unintended consequences, not only for women and their partners, but for their healthcare providers, who may be hesitant to serve women making these difficult decisions.

At the end of the day, we should all be able agree that we need to protect women from the larger issues here: domestic violence and abuse. These issues involve many types of coercion, including forcing a partner to become pregnant or carry a pregnancy. But this bill does nothing to address that issue. To really prevent pregnancy-related coercion, we need to include measures to protect women from the greater issues of domestic violence and abuse. My colleagues introduced a series of amendments to try to make this bill more comprehensive and protect women from more instances of domestic violence, abuse, and pregnancy-related coercion, but unfortunately they were not adopted.

Let’s take a step back and look at policies to address these larger issues.”

Rep. Nesbitt moved that House Bill No. 4830 be placed on its immediate passage.

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

House Bill No. 4830, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2011 PA 202.

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

Roll Call No. 143 Yeas—65

Afendoulis Glenn Lauwers Potvin

Barrett Goike LaVoy Price

Bizon Graves Leonard Pscholka

Brunner Heise Leutheuser Rendon

Bumstead Hooker Lucido Roberts, B.

Callton Howell Lyons Runestad

Canfield Howrylak Maturen Sheppard

Chatfield Hughes McBroom Somerville

Cole Iden McCready Tedder

Cotter Inman Miller, A. Theis

Cox Jacobsen Muxlow Vaupel

Crawford Jenkins Nesbitt VerHeulen

Farrington Johnson Outman Victory

Forlini Kelly Pagel Webber

Franz Kesto Pettalia Whiteford

Garcia LaFontaine Poleski Yonker

Glardon

Nays—43

Banks Garrett LaGrand Rutledge

Brinks Gay-Dagnogo Lane Santana

Byrd Geiss Liberati Schor

Chang Greig Love Singh

Chirkun Greimel Moss Smiley

Clemente Guerra Neeley Talabi

Cochran Hoadley Pagan Townsend

Dianda Hovey-Wright Phelps Wittenberg

Driskell Irwin Plawecki Yanez

Durhal Kivela Roberts, S. Zemke

Faris Kosowski Robinson

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. 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:

No vote explanation for HB 4787 and HB 4830.

I voted against House Bills 4787 and 4830, otherwise known as the coercive abortion bills, because coercive abortion is already against the law. The law clearly defines informed consent and makes it illegal to force a woman to have an abortion against her will. These bills are, quite simply, redundant. The bills also do nothing to respect free will or the health and well-being of women across Michigan which is why I voted no.”

Rep. Greimel, 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:

In 2012, I voted yes on HB 4798 and HB 4799, which were similar to HB 4787 and HB 4830. I did so because I am strongly opposed to any attempt to coerce a women to make any decision regarding her health and body. However, I am voting no on HB 4787 and HB 4830 because HB 4787 drastically and inappropriately broadens the definition of ‘coercion,’ while simultaneously making the definition more vague. HB 4787 does so by expanding the definition of ‘coercion’ to include how that term is defined ‘in section 462A.’ As a result, the bill defines coercion to include ‘… any pattern intended to cause an individual to believe that failure to perform an act would result in psychological … harm to … any individual.’ By this definition, any individual who has an honest conversation with a woman about that individual’s thoughts and views regarding the options available to the woman could be accused of ‘coercion’ if the conversation might be perceived to cause the woman emotional or psychological harm. This language is overly broad, could be exploited by overly zealous prosecutors, and could ultimately have a chilling effect on individuals’ First Amendment rights of free speech.”

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4813, entitled

A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3e (MCL 338.883e), as added by 1990 PA 246.

(The bill was received from the Senate on March 23, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 30, p. 464.)

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. 144 Yeas—60

Afendoulis Glenn Lauwers Price

Barrett Graves Leonard Pscholka

Bumstead Heise Leutheuser Rendon

Callton Hooker Lucido Roberts, B.

Canfield Howell Lyons Runestad

Chatfield Howrylak Maturen Sheppard

Cole Hughes McBroom Somerville

Cotter Iden McCready Tedder

Cox Inman Miller, A. Theis

Crawford Jacobsen Muxlow Vaupel

Farrington Jenkins Nesbitt VerHeulen

Forlini Johnson Outman Victory

Franz Kelly Pettalia Webber

Garcia Kesto Poleski Whiteford

Glardon LaFontaine Potvin Yonker

Nays—48

Banks Faris Kosowski Roberts, S.

Bizon Garrett LaGrand Robinson

Brinks Gay-Dagnogo Lane Rutledge

Brunner Geiss LaVoy Santana

Byrd Goike Liberati Schor

Chang Greig Love Singh

Chirkun Greimel Moss Smiley

Clemente Guerra Neeley Talabi

Cochran Hoadley Pagan Townsend

Dianda Hovey-Wright Pagel Wittenberg

Driskell Irwin Phelps Yanez

Durhal Kivela Plawecki Zemke

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.

House Bill No. 5107, entitled

A bill to create the human trafficking notification act; to require the posting of certain notices relating to human trafficking; to prescribe the powers and duties of certain state and local departments and agencies; and to provide a remedy.

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

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

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

Rep. Nesbitt moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (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. 145 Yeas—99

Afendoulis Gay-Dagnogo LaGrand Pscholka

Banks Geiss Lane Rendon

Barrett Glardon Lauwers Roberts, B.

Bizon Glenn LaVoy Roberts, S.

Brinks Graves Leonard Runestad

Brunner Greig Leutheuser Rutledge

Byrd Greimel Liberati Santana

Callton Guerra Love Schor

Canfield Heise Lucido Sheppard

Chang Hoadley Lyons Singh

Chatfield Hovey-Wright Maturen Smiley

Chirkun Howell McBroom Talabi

Clemente Howrylak McCready Tedder

Cochran Hughes Miller, A. Theis

Cole Iden Moss Townsend

Cotter Inman Muxlow Vaupel

Cox Irwin Neeley VerHeulen

Crawford Jacobsen Nesbitt Victory

Driskell Jenkins Outman Webber

Durhal Johnson Pagan Whiteford

Faris Kelly Pagel Wittenberg

Farrington Kesto Phelps Yanez

Forlini Kivela Plawecki Yonker

Garcia Kosowski Poleski Zemke

Garrett LaFontaine Price

Nays—9

Bumstead Goike Pettalia Robinson

Dianda Hooker Potvin Somerville

Franz

In The Chair: Leonard

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

Third Reading of Bills

House Bill No. 5407, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 175 and 177 (MCL 168.175 and 168.177).

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

Roll Call No. 146 Yeas—72

Afendoulis Glardon Kosowski Potvin

Barrett Glenn LaFontaine Price

Bizon Goike Lauwers Pscholka

Brinks Graves LaVoy Rendon

Bumstead Greimel Leonard Roberts, B.

Callton Heise Leutheuser Runestad

Canfield Hooker Lucido Rutledge

Chatfield Howell Lyons Schor

Cole Howrylak Maturen Sheppard

Cotter Hughes McBroom Somerville

Cox Iden McCready Tedder

Crawford Inman Miller, A. Theis

Dianda Jacobsen Moss Vaupel

Farrington Jenkins Muxlow VerHeulen

Forlini Johnson Nesbitt Victory

Franz Kelly Outman Webber

Garcia Kesto Pagel Whiteford

Geiss Kivela Pettalia Yonker

Nays—36

Banks Faris Lane Robinson

Brunner Garrett Liberati Santana

Byrd Gay-Dagnogo Love Singh

Chang Greig Neeley Smiley

Chirkun Guerra Pagan Talabi

Clemente Hoadley Phelps Townsend

Cochran Hovey-Wright Plawecki Wittenberg

Driskell Irwin Poleski Yanez

Durhal LaGrand Roberts, S. Zemke

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. Poleski, 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:

Thank you for this opportunity to explain my No vote on HB 5407.

While I understand the motivations of the sponsor, I disagree with the premise that anyone who is otherwise qualified should be excluded from ballot consideration by citizens.

Recently, we have seen State Representatives in Districts 80 and 82 resign and be expelled. Following their resignation and expulsion, both Representatives ran for election to fill their unexpired terms. Under this bill, those former Representatives would have been barred from running for the offices they had recently vacated.

The voters in Districts 80 and 82 had a complete choice of candidates for Representative. I think the outcomes in those Districts show that current law works. Voters can make good choices, and we should not limit the slate of potential candidates who are otherwise qualified.

Thank you, Mr. Speaker, for this opportunity to explain my No vote on this Bill.”

______

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

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.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion was seconded and the substitute (H-2) 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. 147 Yeas—59

Afendoulis Glardon Kosowski Price

Barrett Glenn Lane Rendon

Bizon Goike Lauwers Roberts, B.

Callton Graves Leutheuser Schor

Canfield Heise Love Sheppard

Clemente Hooker Lyons Somerville

Cole Howell Maturen Tedder

Cotter Hughes McCready Theis

Crawford Iden Muxlow Vaupel

Durhal Inman Nesbitt VerHeulen

Farrington Jacobsen Outman Victory

Forlini Jenkins Pagel Webber

Franz Johnson Phelps Whiteford

Garcia Kelly Poleski Yonker

Geiss Kesto Potvin

Nays—49

Banks Garrett LaVoy Roberts, S.

Brinks Gay-Dagnogo Leonard Robinson

Brunner Greig Liberati Runestad

Bumstead Greimel Lucido Rutledge

Byrd Guerra McBroom Santana

Chang Hoadley Miller, A. Singh

Chatfield Hovey-Wright Moss Smiley

Chirkun Howrylak Neeley Talabi

Cochran Irwin Pagan Townsend

Cox Kivela Pettalia Wittenberg

Dianda LaFontaine Plawecki Yanez

Driskell LaGrand Pscholka Zemke

Faris

In The Chair: Franz

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Concurrent Resolution No. 27.

A concurrent resolution prescribing the legislative schedule.

Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Thursday, March 24, 2016, it stands adjourned until Tuesday, April 12, 2016, at 10:00 a.m.; and be it further

Resolved, That when the House of Representatives adjourns on Thursday, March 24, 2016, it stands adjourned until Tuesday, April 12, 2016, at 1:30 p.m.

The Senate has adopted the concurrent resolution.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

______

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

Motions and Resolutions

Rep. Nesbitt moved that when the House adjourns today it stand adjourned until Tuesday, April 12, at 1:30 p.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, March 23, for his approval of the following bill:

Enrolled House Bill No. 5034 at 1:41 p.m.

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

House Bill Nos. 5509 5510 5511 5512

The Clerk announced that the following Senate bills had been received on Thursday, March 24:

Senate Bill Nos. 344 594

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, March 24:

Senate Bill Nos. 862 863 864 865 866 867 868 869 870

Reports of Standing Committees

The Committee on Education, by Rep. Price, Chair, reported

House Resolution No. 74.

A resolution to encourage Michigan’s colleges and universities to promote globally comprehensive education as a part of curricular and extracurricular life.

(For text of resolution, see House Journal No. 42 of 2015, p. 609.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 24, 2016

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

Absent: Rep. Santana

Excused: Rep. Santana