No. 50
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2016
House Chamber, Lansing, Tuesday, May 24, 2016.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present 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—excused 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—present Irwin—present Outman—present VerHeulen—present
Dianda—present Jacobsen—present Pagan—present Victory—present
Driskell—present Jenkins—present Pagel—present Webber—present
Durhal—present Johnson—present Pettalia—present Whiteford—present
Faris—present Kelly—present Phelps—excused 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—excused
Garcia—present
e/d/s = entered during session
Rep. Dan Lauwers, from the 81st District, offered the following invocation:
“Almighty God, we give You thanks for giving us another day.
We pray for the gift of wisdom to all with great responsibility in the people’s House for the leadership of our state.
May all the members have the vision of a world where respect and understanding are the marks of civility and honor and integrity are the marks of one’s character.
I ask You to raise up, Lord, men and women from every township and county who will lead towards the paths of prosperity and faith in You and whose good judgment will put the interests of our future and the quality of life that our children will inherit before our desire for immediate gratification.
Bless us this day and every day, and may all that is done within this chamber be for Your greater honor and glory.
Amen.”
______
The Speaker assumed the Chair.
______
Rep. Singh moved that Reps. Hoadley, Phelps and Zemke be excused from today’s session.
The motion prevailed.
Third Reading of Bills
House Bill No. 5106, entitled
A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 151 (MCL 32.551), as amended by 2013 PA 99.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 313 Yeas—104
Afendoulis Franz Kivela Potvin
Banks Garcia Kosowski Price
Barrett Garrett LaFontaine Pscholka
Bizon Gay-Dagnogo Lane Rendon
Brinks Geiss Lauwers Roberts, B.
Brunner Glardon LaVoy Roberts, S.
Bumstead Glenn Leonard Runestad
Byrd Goike Leutheuser Rutledge
Callton Graves Liberati Santana
Canfield Greig Love Schor
Chang Greimel Lucido Sheppard
Chatfield Guerra Lyons Singh
Chirkun Heise Maturen Smiley
Clemente Hooker McBroom Somerville
Cochran Hovey-Wright McCready Talabi
Cole Howell Miller, A. Tedder
Cotter Howrylak Moss Theis
Cox Hughes Muxlow Townsend
Crawford Iden Neeley Vaupel
Darany Inman Nesbitt VerHeulen
Dianda Irwin Outman Victory
Driskell Jacobsen Pagan Webber
Durhal Jenkins Pagel Whiteford
Faris Johnson Pettalia Wittenberg
Farrington Kelly Plawecki Yanez
Forlini Kesto Poleski Yonker
Nays—2
LaGrand Robinson
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.
House Bill No. 5113, entitled
A bill to amend 1939 PA 178, entitled “An act to provide for the collection of water or sewage system rates, assessments, charges, or rentals; and to provide a lien for water or sewage system services furnished by municipalities as defined by this act,” by amending section 2 (MCL 123.162), as amended by 1981 PA 132.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 314 Yeas—102
Afendoulis Franz Kosowski Potvin
Banks Garcia LaFontaine Price
Barrett Garrett LaGrand Pscholka
Bizon Gay-Dagnogo Lane Rendon
Brinks Geiss Lauwers Roberts, B.
Brunner Glardon LaVoy Roberts, S.
Bumstead Glenn Leonard Runestad
Byrd Goike Leutheuser Rutledge
Callton Graves Liberati Santana
Canfield Greig Lucido Schor
Chang Greimel Lyons Sheppard
Chatfield Guerra Maturen Singh
Chirkun Heise McBroom Smiley
Clemente Hooker McCready Somerville
Cochran Hovey-Wright Miller, A. Talabi
Cole Howell Moss Tedder
Cotter Howrylak Muxlow Theis
Cox Hughes Neeley Townsend
Crawford Iden Nesbitt Vaupel
Darany Inman Outman VerHeulen
Dianda Jacobsen Pagan Victory
Driskell Jenkins Pagel Webber
Durhal Johnson Pettalia Whiteford
Faris Kelly Plawecki Yanez
Farrington Kesto Poleski Yonker
Forlini Kivela
Nays—4
Irwin Love Robinson Wittenberg
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.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Senate Bill No. 569, entitled
A bill to amend 1978 PA 30, entitled “An act to provide for the creation and use of budget stabilization funds by counties, cities, villages, and townships,” by amending section 3 (MCL 141.443).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 315 Yeas—105
Afendoulis Garcia Kosowski Potvin
Banks Garrett LaFontaine Price
Barrett Gay-Dagnogo LaGrand Pscholka
Bizon Geiss Lane Rendon
Brinks Glardon Lauwers Roberts, B.
Brunner Glenn LaVoy Roberts, S.
Bumstead Goike Leonard Runestad
Byrd Graves Leutheuser Rutledge
Callton Greig Liberati Santana
Canfield Greimel Love Schor
Chang Guerra Lucido Sheppard
Chatfield Heise Lyons Singh
Chirkun Hooker Maturen Smiley
Clemente Hovey-Wright McBroom Somerville
Cochran Howell McCready Talabi
Cole Howrylak Miller, A. Tedder
Cotter Hughes Moss Theis
Cox Iden Muxlow Townsend
Crawford Inman Neeley Vaupel
Darany Irwin Nesbitt VerHeulen
Dianda Jacobsen Outman Victory
Driskell Jenkins Pagan Webber
Durhal Johnson Pagel Whiteford
Faris Kelly Pettalia Wittenberg
Farrington Kesto Plawecki Yanez
Forlini Kivela Poleski Yonker
Franz
Nays—1
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.
House Bill No. 5380, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2082 (MCL 500.2082).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 316 Yeas—106
Afendoulis Garcia LaFontaine Price
Banks Garrett LaGrand 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 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
Darany Irwin Outman VerHeulen
Dianda Jacobsen Pagan Victory
Driskell Jenkins Pagel Webber
Durhal Johnson Pettalia Whiteford
Faris Kelly Plawecki Wittenberg
Farrington Kesto Poleski Yanez
Forlini Kivela Potvin Yonker
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. 5514, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 834, 835, and 836b (MCL 500.834, 500.835, and 500.836b), section 834 as amended and section 836b as added by 2014 PA 571 and section 835 as amended by 1982 PA 221, and by adding section 835a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 317 Yeas—106
Afendoulis Garcia LaFontaine Price
Banks Garrett LaGrand 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 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
Darany Irwin Outman VerHeulen
Dianda Jacobsen Pagan Victory
Driskell Jenkins Pagel Webber
Durhal Johnson Pettalia Whiteford
Faris Kelly Plawecki Wittenberg
Farrington Kesto Poleski Yanez
Forlini Kivela Potvin Yonker
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.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Franz to the Chair.
Second Reading of Bills
House Bill No. 5230, entitled
A bill to make certain indemnity contracts relating to snowplow and deicing services void and unenforceable.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Poleski moved to amend the bill as follows:
1. Amend page 3, line 1, after “after” by striking out “September 30, 2015” and inserting “the effective date of this act”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. VerHeulen moved to amend the bill as follows:
1. Amend page 1, line 7, after the first “the” by inserting “sole”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Yonker moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 901, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 517a (MCL 436.1517a), as added by 2004 PA 170.
The bill was read a second time.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
Senate Bill No. 858, entitled
A bill to amend 2012 PA 159, entitled “Revocation of paternity act,” by amending sections 13 and 15 (MCL 722.1443 and 722.1445), section 13 as amended by 2014 PA 374.
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, Lucido, Howell, Guerra, Hovey-Wright and Chang
Nays: None
Second Reading of Bills
Senate Bill No. 858, entitled
A bill to amend 2012 PA 159, entitled “Revocation of paternity act,” by amending sections 13 and 15 (MCL 722.1443 and 722.1445), section 13 as amended by 2014 PA 374.
The bill was read a second time.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Nesbitt moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolution had been reproduced and made available electronically on Thursday, May 19:
House Bill Nos. 5667 5668 5669 5670 5671 5672 5673 5674 5675 5676 5677
House Joint Resolution MM
The Clerk announced the enrollment printing and presentation to the Governor on Monday, May 23, for his approval of the following bills:
Enrolled House Bill No. 5182 at 2:42 p.m.
Enrolled House Bill No. 5183 at 2:44 p.m.
Enrolled House Bill No. 5184 at 2:46 p.m.
Enrolled House Bill No. 5185 at 2:48 p.m.
Enrolled House Bill No. 5186 at 2:50 p.m.
Enrolled House Bill No. 5187 at 2:52 p.m.
Enrolled House Bill No. 5188 at 2:54 p.m.
The Clerk announced that the following Senate bills had been received on Tuesday, May 24:
Senate Bill Nos. 706 707 708 899 900
The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, May 24, 2016:
Senate Bill Nos. 979 980 981 982 983 984 985 986 987 988 989 990
Reports of Standing Committees
The Committee on Health Policy, by Rep. Callton, Chair, reported
Senate Bill No. 690, entitled
A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending subheading E of article 3 and section 315 (MCL 484.2315), as amended by 2011 PA 58.
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. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Geiss, Liberati and Neeley
Nays: None
The Committee on Health Policy, by Rep. Callton, Chair, reported
Senate Bill No. 691, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17601 (MCL 333.17601), as added by 2008 PA 524.
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. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Geiss, Liberati and Neeley
Nays: None
The Committee on Health Policy, by Rep. Callton, Chair, reported
Senate Bill No. 692, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 939 (MCL 330.1939), as amended by 1990 PA 263.
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. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Geiss, Liberati and Neeley
Nays: None
The Committee on Health Policy, by Rep. Callton, Chair, reported
Senate Bill No. 693, entitled
A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending the title and section 1 (MCL 408.201), as amended by 1988 PA 434.
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. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Geiss, Liberati and Neeley
Nays: None
The Committee on Health Policy, by Rep. Callton, Chair, reported
Senate Bill No. 694, entitled
A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 2 (MCL 408.202), as amended by 1988 PA 434.
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. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Geiss, Liberati and Neeley
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, May 24, 2016
Present: Reps. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Geiss, Liberati and Neeley
Absent: Reps. Phelps and Wittenberg
Excused: Reps. Phelps and Wittenberg
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 5103, entitled
A bill to prohibit aggressive solicitation; and to provide for remedies and penalties.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Heise, Webber, Howrylak, Lucido and Howell
Nays: Reps. Guerra, Hovey-Wright and Chang
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 5104, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 167 (MCL 750.167), as amended by 2014 PA 199.
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, Lucido and Howell
Nays: Reps. Guerra, Hovey-Wright and Chang
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, May 24, 2016
Present: Reps. Heise, Webber, Howrylak, Lucido, Howell, Guerra, Hovey-Wright and Chang
The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported
House Bill No. 5429, entitled
A bill to amend 1998 PA 362, entitled “Michigan marina and boatyard storage lien act,” by amending sections 2, 3, 4, 5, and 6 (MCL 570.372, 570.373, 570.374, 570.375, and 570.376).
With the recommendation that the substitute (H-2) 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. LaFontaine, Rendon, Forlini, Goike, McBroom, Whiteford, Kivela, Smiley and Plawecki
Nays: None
The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported
House Bill No. 5599, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21502, 21503, 21508, 21510, 21510a, 21510c, 21515, 21516, 21521, and 21526 (MCL 324.21502, 324.21503, 324.21508, 324.21510, 324.21510a, 324.21510c, 324.21515, 324.21516, 324.21521, and 324.21526), sections 21502, 21503, 21508, 21510, 21515, 21516, 21521, and 21526 as amended and sections 21510a and 21510c as added by 2014 PA 416, and by adding section 21510d.
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, McBroom, Whiteford, Kivela, Smiley and Plawecki
Nays: None
The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported
Senate Bill No. 591, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 63201 (MCL 324.63201), as added by 2004 PA 449, and by adding part 634.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. LaFontaine, Rendon, Forlini, Goike, McBroom, Whiteford, Kivela and Smiley
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, May 24, 2016
Present: Reps. LaFontaine, Rendon, Forlini, Goike, McBroom, Whiteford, Kivela, Smiley and Plawecki
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
House Bill No. 5572, entitled
A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending section 154 (MCL 207.1154), as amended by 2015 PA 176.
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, Glardon, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Lane, Rutledge, Smiley, Dianda, Neeley and LaGrand
Nays: Reps. Farrington and Maturen
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
House Bill No. 5656, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 312j.
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. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Dianda, Neeley and LaGrand
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
House Bill No. 5657, entitled
A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 55 (MCL 256.675).
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. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Dianda, Neeley and LaGrand
Nays: None
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, May 24, 2016
Present: Reps. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Dianda, Neeley and LaGrand
The Committee on Communications and Technology, by Rep. Jacobsen, Chair, reported
House Bill No. 5641, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2950n.
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. Jacobsen, Iden, Franz, Glardon, Outman, Price, Barrett, Leutheuser, Tedder, Driskell, Chirkun, Greig and Guerra
Nays: None
The Committee on Communications and Technology, by Rep. Jacobsen, Chair, reported
House Bill No. 5642, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2950o.
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. Jacobsen, Iden, Franz, Glardon, Outman, Price, Barrett, Leutheuser, Tedder, Driskell, Chirkun, Greig and Guerra
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Jacobsen, Chair, of the Committee on Communications and Technology, was received and read:
Meeting held on: Tuesday, May 24, 2016
Present: Reps. Jacobsen, Iden, Franz, Glardon, Outman, Price, Barrett, Leutheuser, Tedder, Driskell, Chirkun, Greig and Guerra
Absent: Rep. Phelps
Excused: Rep. Phelps
The Committee on Judiciary, by Rep. Kesto, Chair, reported
House Bill No. 5503, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1303 (MCL 700.1303), as amended by 2000 PA 54.
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, Irwin, Chang and Guerra
Nays: None
The Committee on Judiciary, by Rep. Kesto, Chair, reported
Senate Bill No. 251, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 11 of chapter XIIA (MCL 712A.11), as amended by 1996 PA 409, and by adding section 2f to chapter XIIA.
With the recommendation that the substitute (H-2) 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, Howrylak, Cole, Irwin, Robinson, Chang and Guerra
Nays: Rep. Runestad
The Committee on Judiciary, by Rep. Kesto, Chair, reported
Senate Bill No. 632, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 308, 846, 866, and 867 (MCL 600.308, 600.846, 600.866, and 600.867), section 308 as amended by 2013 PA 164 and section 846 as amended by 1989 PA 70; and to repeal acts and parts of acts.
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: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kesto, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, May 24, 2016
Present: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra
Messages from the Senate
House Bill No. 4634, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2015 PA 174.
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. 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 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. 5247, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 2012 PA 262.
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. 5256, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The Senate has appointed Senators Nofs, Colbeck and Knezek as conferees to join with Representatives Inman, Jenkins and Yanez.
The bill was referred to the Conference Committee.
House Bill No. 5263, entitled
A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The Senate has appointed Senators Nofs, Colbeck and Knezek as conferees to join with Representatives Aaron Miller, Jenkins and Irwin.
The bill was referred to the Conference Committee.
House Bill No. 5268, entitled
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The Senate has appointed Senators Green, Stamas and Hopgood as conferees to join with Representatives Jenkins, Victory and Hoadley.
The bill was referred to the Conference Committee.
House Bill No. 5272, entitled
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The Senate has appointed Senators Proos, Knollenberg and Gregory as conferees to join with Representatives Pagel, Afendoulis and Irwin.
The bill was referred to the Conference Committee.
House Bill No. 5274, entitled
A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The Senate has appointed Senators Marleau, MacGregor and Hertel as conferees to join with Representatives VerHeulen, Poleski and Santana.
The bill was referred to the Conference Committee.
House Bill No. 5276, entitled
A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain state purposes related thereto for the fiscal year ending September 30, 2017; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
The Senate has appointed Senators Stamas, Nofs and Young as conferees to join with Representatives Cox, Poleski and Durhal.
The bill was referred to the Conference Committee.
House Bill No. 5294, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
The Senate has appointed Senators Hildenbrand, Meekhof and Gregory as conferees to join with Representatives Pscholka, Bumstead and Santana.
The bill was referred to the Conference Committee.
House Bill No. 5306, entitled
A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The Senate has appointed Senators Knollenberg, Marleau and Young as conferees to join with Representatives Afendoulis, McCready and Faris.
The bill was referred to the Conference Committee.
House Bill No. 5329, entitled
A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The Senate has appointed Senators Hansen, Colbeck and Young as conferees to join with Representatives Canfield, Victory and Banks.
The bill was referred to the Conference Committee.
Senate Bill No. 784, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2015 PA 85.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Booher, Schuitmaker and Knezek as conferees.
The message was referred to the Clerk for record.
Senate Bill No. 786, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Hansen, Pavlov and Hopgood as conferees.
The message was referred to the Clerk for record.
Senate Bill No. 787, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Green, MacGregor and Hopgood as conferees.
The message was referred to the Clerk for record.
Senate Bill No. 790, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2015 PA 85.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Schuitmaker, MacGregor and Hertel as conferees.
The message was referred to the Clerk for record.
Senate Bill No. 792, entitled
A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Proos, Schuitmaker and Young as conferees.
The message was referred to the Clerk for record.
Senate Bill No. 793, entitled
A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Knollenberg, Marleau and Young as conferees.
The message was referred to the Clerk for record.
Senate Bill No. 795, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Green, Booher and Hopgood as conferees.
The message was referred to the Clerk for record.
Senate Bill No. 796, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 139 and section 17b as amended by 2007 PA 137.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Hansen, Pavlov and Hopgood as conferees.
The message was referred to the Clerk for record.
Senate Bill No. 801, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 31h, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 95a, 98, 99c, 99h, 99s, 101, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c, 152a, 166b, 201, 201a, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210b, 212, 217, 219, 220, 222, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 238, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 289, and 290 (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631h, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699c, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766b, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1812, 388.1817, 388.1819, 388.1820, 388.1822, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1838, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1889, and 388.1890), sections 3, 203, 207, 212, 219, 220, 238, 251, and 254 as amended and section 237b as added by 2012 PA 201, sections 4, 6, 98, 107, 230, and 256 as amended by 2016 PA 56, sections 11, 21f, 31a, and 32d as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 236, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31h, 35, 35a, 55, 61b, 65, 67, 99c, 99s, 102d, 104d, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166b as amended by 2015 PA 222, and sections 289 and 290 as amended by 2013 PA 60, and by adding sections 11s, 21, 31j, 32q, 54b, 59, 61c, 61d, 61e, 63, 99t, 152b, 210e, and 286a; and to repeal acts and parts of acts.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Hildenbrand, Meekhof and Hopgood as conferees.
The message was referred to the Clerk for record.
House Bill No. 5395, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5204e (MCL 324.5204e), as added by 2012 PA 511.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), 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.
Senate Bill No. 706, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 725 (MCL 257.725), as amended by 1998 PA 247.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Senate Bill No. 707, entitled
A bill to amend 1969 PA 200, entitled “An act to regulate driveways, banners, events, and parades upon and over highways; to provide for the promulgation of rules; to prescribe requirements for the issuance of permits; and to provide for the issuance of those permits,” by amending section 7 (MCL 247.327).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Senate Bill No. 708, entitled
A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 19b of chapter IV (MCL 224.19b), as added by 1980 PA 212.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Senate Bill No. 899, entitled
A bill to amend 1939 PA 141, entitled “Grain dealers act,” by amending sections 3 and 9 (MCL 285.63 and 285.69), as amended by 2002 PA 80, and by adding section 26a; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Senate Bill No. 900, entitled
A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending sections 7, 9, 11, and 15 (MCL 285.317, 285.319, 285.321, and 285.325), as amended by 2012 PA 149.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Notices
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 784, Reps. Muxlow, Bizon and Yanez.
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 786, Reps. Potvin, Kelly and Pagan.
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 787, Reps. Victory, Aaron Miller and Sarah Roberts.
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 790, Reps. McCready, Muxlow and Singh.
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 792, Reps. Poleski, Cox and Hoadley.
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 793, Reps. Afendoulis, McCready and Faris.
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 795, Reps. Bumstead, Inman and Sarah Roberts.
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 796, Reps. Kelly, Potvin and Sarah Roberts.
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 801, Reps. Pscholka, Kelly and Santana.
Messages from the Governor
Date: May 19, 2016
Time: 8:15 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4990 (Public Act No. 119, I.E.), being
An act to amend 1909 PA 279, entitled “An act to provide for the incorporation of cities and for revising and amending their charters; to provide for certain powers and duties; to provide for the levy and collection of taxes by cities, borrowing of money, and issuance of bonds or other evidences of indebtedness; to validate actions taken, bonds issued, and obligations heretofore incurred; to prescribe penalties and provide remedies; and to repeal acts and parts of acts on specific dates,” by amending section 5f (MCL 117.5f), as amended by 2002 PA 201.
(Filed with the Secretary of State May 19, 2016, at 9:30 a.m.)
Date: May 19, 2016
Time: 8:17 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4991 (Public Act No. 120, I.E.), being
An act to amend 1895 PA 3, entitled “An act to provide for the government of certain villages; to define their powers and duties; to provide for the levy and collection of taxes, borrowing of money, and issuance of bonds and other evidences of indebtedness by villages subject to this act; to define the powers and duties of certain state and local officers and entities; to define the application of this act and provide for its amendment by villages subject to this act; to validate prior amendments and certain prior actions taken and bonds issued by villages subject to this act; to provide for the disincorporation of villages; and to prescribe penalties and provide remedies,” by amending section 36 (MCL 68.36), as amended by 2002 PA 276.
(Filed with the Secretary of State May 19, 2016, at 9:32 a.m.)
Date: May 19, 2016
Time: 8:19 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4992 (Public Act No. 121, I.E.), being
An act to amend 1909 PA 278, entitled “An act to provide for the incorporation of villages and for revising and amending their charters; to provide for the levy and collection of taxes, borrowing of money, and issuance of bonds and other evidences of indebtedness; to validate bonds issued and obligations previously incurred; and to prescribe penalties and provide remedies,” by amending section 24b (MCL 78.24b), as amended by 2002 PA 277.
(Filed with the Secretary of State May 19, 2016, at 9:34 a.m.)
Date: May 19, 2016
Time: 8:21 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4993 (Public Act No. 122, I.E.), being
An act to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 75b (MCL 41.75b), as amended by 2002 PA 226.
(Filed with the Secretary of State May 19, 2016, at 9:36 a.m.)
Date: May 19, 2016
Time: 8:23 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4994 (Public Act No. 123, I.E.), being
An act to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11c (MCL 46.11c), as amended by 2002 PA 275.
(Filed with the Secretary of State May 19, 2016, at 9:38 a.m.)
Date: May 19, 2016
Time: 8:25 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5176 (Public Act No. 124, I.E.), being
An act to amend 2014 PA 86, entitled “An act to create a metropolitan authority; to prescribe the powers, duties, and jurisdictions of the metropolitan authority; to prescribe the powers and duties of certain state officials; to levy, collect, and distribute a tax; and to repeal acts and parts of acts,” by amending sections 14, 17, and 21 (MCL 123.1354, 123.1357, and 123.1361), sections 14 and 17 as amended by 2015 PA 122; and to repeal acts and parts of acts.
(Filed with the Secretary of State May 19, 2016, at 9:40 a.m.)
The following message from the Governor was received May 20, 2016 and read:
EXECUTIVE ORDER
No. 2016 - 9
CREATION OF THE CHILD LEAD POISONING
ELIMINATION BOARD
EXECUTIVE OFFICE OF THE GOVERNOR
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and
WHEREAS, Section 4 of Article V of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes; and
WHEREAS, under Section 1 of 1931 PA 195, MCL 10.51, the Governor may, at such times and for such purposes as the Governor deems necessary or advisable, create special advisory bodies consisting of as many members as the Governor deems appropriate; and
WHEREAS, Section 17 of Article V of the Michigan Constitution of 1963 empowers the Governor to present to the Legislature information as to the affairs of the state and recommend measures that he considers necessary or desirable; and
WHEREAS, the issue of child lead poisoning in Flint has highlighted the prevalence of child lead poisoning throughout the state of Michigan; and
WHEREAS, there exists a need in state government for a coordinated effort to design a long term strategy for eliminating child lead poisoning in the state of Michigan, including a statewide assessment of old housing stock with lead hazards and areas with high incidence of child lead poisoning, analysis of current research on the incidence and impacts of lead paint in old homes, and a survey of current law, resources, and policy related to lead abatement and remediation;
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. CREATION OF THE MICHIGAN CHILD LEAD POISONING ELIMINATION BOARD
A. The Child Lead Poisoning Elimination Board (the “Board”) is created as a temporary commission pursuant to Article V, Section 4 of the Constitution of the state of Michigan of 1963 and shall serve as an advisory body within the Executive Office of the Governor.
B. The Board shall be an independent and autonomous entity with the intent that its authority, powers, duties, and responsibilities be exercised free from the direction and supervision of the principal departments in the executive branch, and shall be composed of twelve (12) members appointed as follows:
1. The Lieutenant Governor.
2. The Governor shall appoint seven (7) members serving at the pleasure of the Governor.
3. The following four (4) department or authority directors, or their designee, from within their respective department or authority:
• The Department of Environmental Quality;
• The Department of Health and Human Services;
• The Department of Licensing and Regulatory Affairs; and
• The Michigan State Housing Development Authority.
C. A vacancy on the Board shall be filled in the same manner as the original appointment.
D. The Board shall include individuals with particular expertise in prevention and mitigation of child lead poisoning and may include representatives from pediatric hospitals, local units of government, relevant nonprofit agencies, local health departments, and education.
II. CHARGE TO THE BOARD
A. The Board shall act in an advisory capacity to the Governor and the state of Michigan, and make recommendations to the Governor concerning testing of children for elevated blood lead; follow-up monitoring and services, including case management; environmental lead investigations; remediation and abatement; and dashboards and reporting, including but not limited to the following:
1. Recommend changes to improve the blood lead testing rate of children in Michigan, especially in high-risk areas and for children under the age of six (6) years old.
2. Recommend changes to improve the percentage of families utilizing follow-up services when a child tests positive for elevated blood lead and ensure the adequacy of those services.
3. Recommend changes to improve the availability of environmental lead investigations to families when a child tests positive for elevated blood lead, particularly with respect to children under the age of six (6) years old, and ensure the adequacy of such investigations.
4. Recommend achievable improvements to current remediation and abatement efforts aimed at reducing child lead poisoning dangers throughout Michigan and in particular hotspots, including individual homes.
5. Recommend improvements to existing collection, maintenance, sharing, and reporting efforts regarding child lead poisoning data, including recommendations for the implementation of dashboards, websites, apps, and other means of conveying information.
B. The Board shall also inventory existing resources and programs that touch the above areas and make recommendations regarding coordination and supplementation where appropriate.
C. By November 4, 2016, the Board shall provide to the Governor a full, written report on its recommendations for items in Section II.A. and II.B. of this Order.
III. OPERATIONS OF THE BOARD
A. The Board shall be staffed by personnel from and assisted by state departments and agencies as directed by the Governor’s Office.
B. The Lieutenant Governor shall serve as the Chairperson. The Lieutenant Governor may select from among the Board’s members a Vice Chairperson to act as Chair in his absence.
C. The Board shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Board. Meetings of the Board may be held anywhere within the state of Michigan.
D. The Board may establish workgroups or committees assigning Board members to and inviting public participation on these workgroups or committees as the Board deems necessary.
E. The Board may adopt, reject, or modify recommendations made by the workgroups or committees.
F. A majority of the voting members of the Board serving constitutes a quorum for the transaction of the Board’s business notwithstanding the existence of one (1) or more vacancies. The Board shall act by majority vote of its present and voting members for the purpose of making recommendations to the Governor.
G. The Board may adopt procedures consistent with Michigan law and this Order governing its organization and operations.
H. The Board may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. Subject to the Governor’s approval, the Board may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, government agencies, and the nonprofit sector.
I. Members of the Board shall serve without compensation. Subject to the Governor’s approval and available funding, members of the Board may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget.
J. The Board may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Board and the performance of its duties, as the Governor deems advisable and necessary in accordance with the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Technology, Management and Budget.
K. The Board may accept grants of funds, donations of funds, property, labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures.
L. Members of the Board, staff, or contractors shall refer all legal, legislative, and media contacts relating to Board actions or activities to the Office of the Governor.
IV. MISCELLANEOUS
A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Board, or to any member or representative of the Board, any necessary assistance required by the Board or any member or representative of the Board, in the performance of the duties of the Board so far as is compatible with its, his, or her duties.
B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order.
C. Nothing in this Order shall be construed to change the organization of the executive branch of state government or the assignment of functions among its units in a manner requiring the force of law.
D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.
E. The Board shall dissolve two years after the effective date of this Order.
This Executive Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 20th day of May, in the Year of our Lord Two Thousand Sixteen.
RICHARD D. SNYDER
GOVERNOR
BY THE GOVERNOR:
RUTH A. JOHNSON
SECRETARY OF STATE
The message was referred to the Clerk.
The following message from the Governor was received May 24, 2016 and read:
EXECUTIVE ORDER
No. 2016 - 10
STATE OF ENERGY EMERGENCY
WAIVER OF REGULATIONS RELATING TO MOTOR CARRIERS AND DRIVERS
TRANSPORTING PETROLEUM PRODUCTS
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and
WHEREAS, Section 3 of 1982 PA 191, MCL 10.83, and Executive Order No. 2015-10 (Section VIII) authorizes the Governor to declare a State of Energy Emergency upon notification of an impending energy emergency by the Executive Director of the Michigan Agency for Energy, or upon the Governor’s own initiative, if the Governor finds that an energy emergency exists or is imminent; and
WHEREAS, the West Shore pipeline – a common carrier petroleum pipeline – from Milwaukee to Green Bay, Wisconsin has been shut down since March 10, 2016 for emergency repairs. This pipeline transports petroleum products to six Green Bay terminals where it is then loaded on tanker trucks and transported to fueling stations in the Upper Peninsula of Michigan. The shutdown of the pipeline has resulted in longer driving distances, wait times, and working hours for gasoline and other motor fuels transporters, causing drivers to reach maximum weekly driving and on-duty limits more quickly than normal; and
WHEREAS, this pipeline shutdown is affecting the availability of gasoline and other motor fuel supplies in most of the Upper Peninsula, creating temporary shortages and shipment delays that may potentially impact the health, safety, and economic well-being of the citizens of Michigan who depend on these products, and the ability of transporters to supply the products in accordance with federal motor carrier regulations and requirements; and
WHEREAS, additional infrastructure outages such as the temporary Marathon Refinery shutdown and the Alberta wildfires are aligning to cause tightening in the petroleum supply markets resulting in longer driving distances, crowded petroleum terminals, and extended wait times for motor fuels transporters in the Lower Peninsula; and
WHEREAS, it is in the best interests of the state of Michigan to provide for the
safe transportation of gasoline and other motor fuels within this state, and that appropriate measures be taken in response to an imminent energy emergency to assure that gasoline and other motor fuels supplies will remain sufficient to protect the health, safety, and welfare of Michigan residents and visitors; and
WHEREAS, under Section 4 of 1982 PA 191, MCL 10.84, during a declared
State of Energy Emergency, the Governor may, by executive order, suspend a statute, order, rule of a state agency, or specific provision of a statute, rule, or order if strict compliance with the statute, order, rule, or a specific provision of the statute, rule, or order will prevent, hinder, or delay necessary action in coping with the energy emergency; and
WHEREAS, Federal Motor Carrier Safety Administration regulations found at 49 CFR 390.23, and Michigan Public Act 181 of 1963, MCL 480.11a, provide the Governor with the authority to exempt motor carriers and drivers transporting gasoline and other motor fuels within Michigan from the hours-of-service regulations and requirements specified in 49 CFR Part 395 and MCL 480.11a, to address transportation needs arising from the impact of this energy emergency;
NOW, THEREFORE, I, RICHARD D. SNYDER, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and 1982 PA 191, MCL 10.81 to 10.87, order the following:
1. A State of Energy Emergency is declared in the state of Michigan.
2. Motor carriers and drivers transporting gasoline and other motor fuels to address the transportation and supply needs arising from the current emergency, are exempt from compliance with MCL 480.11a and any other applicable state statute, order, or rule substantially similar to MCL 480.11a, and 49 CFR Part 395. Any such provision of a state statute, order, or rule is suspended. This exemption and suspension applies to all highways in Michigan, including the national system of interstate and defense highways.
3. This Order applies only to gasoline and other transportation fuels. No other petroleum products are covered by the exemption and suspension under this Order.
4. No motor carrier or driver operating under the terms of this Order shall require or allow an ill or fatigued driver to operate a motor vehicle. Any driver who informs a carrier that he or she needs immediate rest shall be given at least ten consecutive off-duty hours before the driver is required to return to work.
5. Nothing in this Order shall be construed as an exemption from applicable controlled substances and alcohol use and testing requirements (49 CFR Part 382 and any similar state statute, order, or rule), the commercial driver’s license requirements (49 CFR Part 383 and any similar state statute, order, or rule), the financial responsibility requirements (49 CFR Part 387 and any similar state statute, order, or rule), applicable size and weight requirements, or any portion of federal and state regulations not specifically identified.
6. Motor carriers or drivers currently subject to an out-of-service order are not eligible for the exemption and suspension until the out-of-service order expires or the conditions for rescission have been satisfied.
7. The Michigan Department of State Police requires that drivers for motor carriers operating under the Declaration of Energy Emergency must have a copy of the Declaration of Energy Emergency in their possession.
8. The Commercial Vehicle Enforcement Division of the Michigan Department of State Police shall coordinate state compliance with this Order.
This Order is effective upon filing and remains in effect until it is rescinded or 11:59:59 p.m. EDT, June 6, 2016, whichever first occurs.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 24th day of May, in the Year of our Lord Two Thousand Sixteen.
RICHARD D. SNYDER
GOVERNOR
BY THE GOVERNOR:
RUTH A. JOHNSON
SECRETARY OF STATE
The message was referred to the Clerk.
Introduction of Bills
Reps. Brinks, Victory, Afendoulis, VerHeulen, Whiteford, Hooker, Price, Crawford, Pagel, LaGrand, Geiss, Pagan, Phelps, Rutledge, Yonker, Townsend, Gay-Dagnogo, Garcia, Plawecki, Greig, Hoadley, Kivela, Moss, Wittenberg and Kosowski introduced
House Bill No. 5678, entitled
A bill to amend 1997 PA 55, entitled “Electric patrol vehicle act,” by amending sections 2, 4, 5, and 6 (MCL 257.1572, 257.1574, 257.1575, and 257.1576).
The bill was read a first time by its title and referred to the Committee on Local Government.
Rep. Glenn introduced
House Bill No. 5679, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2010 PA 195, and by adding section 3j.
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Rep. Glenn introduced
House Bill No. 5680, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 4c and 13c (MCL 125.1504c and 125.1513c), section 4c as added by 2004 PA 65 and section 13c as added by 1994 PA 106.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Glenn introduced
House Bill No. 5681, entitled
A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 82a (MCL 125.482a), as added by 2004 PA 64.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Glenn introduced
House Bill No. 5682, entitled
A bill to amend 2000 PA 190, entitled “Privately owned cervidae producers marketing act,” by amending section 6 (MCL 287.956), as amended by 2006 PA 561.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Rep. Glenn introduced
House Bill No. 5683, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 42702 (MCL 324.42702), as amended by 2008 PA 569.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Reps. Howell, Hooker, Muxlow, Goike, Pettalia, Brett Roberts and Johnson introduced
House Bill No. 5684, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2015 PA 186.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Forlini introduced
House Bill No. 5685, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 51 and 51d (MCL 206.51 and 206.51d), section 51 as amended by 2015 PA 180 and section 51d as added by 2015 PA 179.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Yanez, Darany, Banks, Pagan, Byrd, Greig, Cochran, Garrett, Smiley, Brunner, Talabi, Rutledge, Plawecki, Hoadley, Brinks, LaGrand, Robinson, Hovey-Wright, Moss, Phelps and Wittenberg introduced
House Bill No. 5686, entitled
A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending section 4 (MCL 722.644), as amended by 2006 PA 236, and by adding section 2b.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Yanez, Moss, Darany, Plawecki, Greig, Liberati, Cochran, Hovey-Wright, Love, Faris and Wittenberg introduced
House Bill No. 5687, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 2, 7, 11, and 12 (MCL 205.422, 205.427, 205.431, and 205.432), section 2 as amended by 2012 PA 188, sections 7 and 11 as amended by 2016 PA 86, and section 12 as amended by 2014 PA 272.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Yanez, Moss, Darany, Plawecki, Greig, Liberati, Cochran, Hovey-Wright, Love, Faris and Wittenberg introduced
House Bill No. 5688, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 470 and 473 (MCL 750.470 and 750.473), section 470 as amended by 1998 PA 38 and section 473 as added by 1993 PA 140.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Cox introduced
House Bill No. 5689, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 710d and 710e (MCL 257.710d and 257.710e), section 710d as amended by 2009 PA 57 and section 710e as amended by 2008 PA 43.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
______
Rep. McCready moved that the House adjourn.
The motion prevailed, the time being 3:25 p.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Wednesday, May 25, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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