No. 54

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2016

House Chamber, Lansing, Wednesday, June 1, 2016.

10:00 a.m.

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—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—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

Minister Steven Thomas, Pastor of Forever Blessed Ministries in Westland, offered the following invocation:

“I pray according to I Timothy 2 verses one thru four which says first of all prayers supplications, intercessions and giving of thanks be made for all men, for kings and for all in authority that we may live a quiet and peaceable life in all Godliness and honesty for this is acceptable in the sight of God our savior who would have all men to be saved and come into the knowledge of the truth. Verse 8 says, I lift up Governor Snyder and his staff and I pray that they will make decisions that are in the best interest for the great state of Michigan. That they would be faithful in carrying out the will of God for their lives. I pray also for ever State Representative and every State Senator that they will carry out their God given call and responsibilities for the people who elected them. I also pray that they live long and finish strong their commitment to the state of Michigan. I pray for their health will spring forth and that they will live a life of physical healing from the crown of their heads to the soles of their feet. And finally, I for their families. I pray that the peace of God will rule and reign in their lives as well and that they fully render support in every way possible. And I ask it in Jesus name. Amen.”

______

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

The motion prevailed.

Motions and Resolutions

Rep. Nesbitt moved that a respectful message be sent to the Senate requesting the return of House Bill No. 5383.

The motion prevailed.

Rep. Nesbitt moved that a respectful message be sent to the Senate requesting the return of House Bill No. 5384.

The motion prevailed.

Rep. Nesbitt moved that a respectful message be sent to the Senate requesting the return of House Bill No. 5387.

The motion prevailed.

Rep. Nesbitt moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 711.

The motion prevailed.

Rep. Nesbitt moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 820.

The motion prevailed.

Rep. Nesbitt moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 822.

The motion prevailed.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Reps. Lyons, Heise, Hoadley, Hooker and Hovey-Wright offered the following resolution:

House Resolution No. 305.

A resolution to declare June 2016 as Internet Safety Month in the state of Michigan.

Whereas, We recognize that Internet Safety Month provides Michigan residents with an opportunity to learn more about the dangers of the Internet and the importance of being safe and responsible online. We recognize this month of awareness here in Michigan as well as nationally; and

Whereas, We commend and recognize state and community organizations for promoting awareness of the dangers of the Internet and providing information and training that develops critical thinking and decision-making skills that are needed to use the Internet safely. We call on Internet safety organizations, law enforcement, educators, community leaders, parents, and volunteers to increase their efforts to raise the level of awareness for the need for online safety in the United States; and

Whereas, The Michigan Child Protection Registry honors Internet Safety Month by reminding parents that when they sign up for this registry, they can block adult-oriented advertisements like alcohol, tobacco, pornography, online gambling, and illegal drugs from reaching their family’s email inboxes, cell phones, or instant messenger ID’s; and

Whereas, The Michigan Child Protection Registry was created by the Michigan Legislature in 2004 as a do-not-contact service for Michigan families. The Michigan Child Protection Registry is a free, state administered program that allows Michigan’s families to protect their households from adult-oriented messages; and

Whereas, The Michigan Child Protection Registry is administered by the Secretary of State’s office and enforced by the Attorney General’s Office; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 2016 as Internet Safety Month in the state of Michigan. We urge all individuals to raise their awareness to ensure that their Internet time is safe and secure all year long.

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

House Bill No. 4423, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 627 (MCL 257.627), as amended by 2012 PA 252; and to repeal acts and parts of acts.

(The bill was read a third time and postponed temporarily on February 17, see House Journal No. 16, p. 216.)

The question being on the passage of the bill,

Rep. Jacobsen moved to substitute (H-7) the bill.

The motion was seconded and the substitute (H-7) was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

Rep. Franz moved to amend the bill as follows:

1. Amend page 6, following line 1, by inserting:

“(7) THE STATE TRANSPORTATION DEPARTMENT, A COUNTY ROAD COMMISSION, OR A LOCAL AUTHORITY SHALL DECREASE THE SPEED LIMIT IN A HOSPITAL HIGHWAY ZONE BY UP TO 10 MILES PER HOUR UPON REQUEST OF A HOSPITAL LOCATED WITHIN THAT HOSPITAL HIGHWAY ZONE. THE STATE TRANSPORTATION DEPARTMENT, COUNTY ROAD COMMISSION, OR LOCAL AUTHORITY MAY DECREASE THE SPEED LIMIT IN A HOSPITAL HIGHWAY ZONE BY MORE THAN 10 MILES PER HOUR IF THE DECREASE IS SUPPORTED BY AN ENGINEERING AND SAFETY STUDY. THE STATE TRANSPORTATION DEPARTMENT, COUNTY ROAD COMMISSION, OR LOCAL AUTHORITY SHALL POST SPEED LIMIT SIGNS IN A HOSPITAL HIGHWAY ZONE THAT INDICATE THE SPEED LIMIT IN THAT HOSPITAL HIGHWAY ZONE AND SHALL IDENTIFY THAT HOSPITAL HIGHWAY ZONE WITH ANY OTHER TRAFFIC CONTROL DEVICES NECESSARY TO CONFORM TO THE MICHIGAN MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES. IF A CHANGE IN A SIGN, SIGNAL, OR DEVICE, IS NECESSITATED BY A SPEED LIMIT DECREASE DESCRIBED IN THIS SUBSECTION, THE HOSPITAL REQUESTING THE DECREASE SHALL PAY THE COST OF DOING SO. AS USED IN THIS SUBSECTION, “HOSPITAL HIGHWAY ZONE” MEANS A PORTION OF STATE TRUNK LINE HIGHWAY MAINTAINED BY THE STATE TRANSPORTATION DEPARTMENT THAT HAS A POSTED SPEED LIMIT OF AT LEAST 50 MILES PER HOUR AND HAS 2 OR FEWER LANES FOR TRAVEL IN THE SAME DIRECTION, TRAVERSES ALONG PROPERTY OWNED BY A HOSPITAL, CONTAINS AN INGRESS AND EGRESS POINT FROM HOSPITAL PROPERTY, AND EXTENDS NOT MORE THAN 1,000 FEET BEYOND THE BOUNDARY LINES OF HOSPITAL PROPERTY IN BOTH DIRECTIONS IN A MUNICIPALITY.” and renumbering the remaining subsections.

2. Amend page 6, line 2, after “SUBSECTION” by striking out “(17)” and inserting “(18)”.

3. Amend page 6, line 15, after “SUBSECTION” by striking out “(17)” and inserting “(18)”.

4. Amend page 7, line 3, after “SUBSECTION” by striking out “(17)” and inserting “(18)”.

5. Amend page 8, line 11, after “(2)(D),” by striking out “(7),”.

6. Amend page 8, line 12, by striking out “AND”.

7. Amend page 8, line 12, after “(10),” by inserting “AND (11),”.

8. Amend page 8, line 18, after “SUBSECTION” by striking out “(11)” and inserting “(12)”.

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

The question being on the passage of the bill,

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

Roll Call No. 340 Yeas—56

Barrett Glenn Leutheuser Rendon

Brunner Goike Lyons Roberts, B.

Bumstead Graves Maturen Runestad

Chatfield Howell Miller, A. Rutledge

Cole Inman Moss Santana

Cotter Jacobsen Muxlow Schor

Cox Jenkins Neeley Sheppard

Crawford Johnson Nesbitt Smiley

Durhal Kelly Outman Somerville

Farrington Kivela Pagel Tedder

Forlini LaFontaine Pettalia Theis

Franz Lauwers Phelps Victory

Garcia LaVoy Potvin Webber

Glardon Leonard Price Yonker

Nays—53

Afendoulis Faris Iden Poleski

Banks Garrett Irwin Pscholka

Bizon Gay-Dagnogo Kesto Roberts, S.

Brinks Geiss Kosowski Robinson

Byrd Greig LaGrand Singh

Callton Greimel Lane Talabi

Canfield Guerra Liberati Townsend

Chang Heise Love Vaupel

Chirkun Hoadley Lucido VerHeulen

Clemente Hooker McBroom Whiteford

Cochran Hovey-Wright McCready Wittenberg

Darany Howrylak Pagan Yanez

Dianda Hughes Plawecki Zemke

Driskell

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:

I find our existing speed limits to be perfectly sufficient. I don’t think the relatively complicated rules contemplated by the bills are necessary or advisable.

I appreciate the hard work and admirable goals of the sponsor, but I regret that I cannot support the package.

Thanks you, Mr. Speaker, for this opportunity to explain my No vote on the speed limit package.”

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:

No vote explanation on HB 4423:

Although I support the lowering of speed limits on gravel roads in Oakland County and Wayne County, I voted to oppose HB 4423 because I am against its provisions that would increase speed limits on certain limited-access freeways and on certain state trunk lines.”

House Bill No. 4424, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 627a and 633 (MCL 257.627a and 257.633), section 627a as amended by 2005 PA 88.

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

Roll Call No. 341 Yeas—59

Afendoulis Glardon Leutheuser Roberts, B.

Barrett Glenn Lyons Runestad

Brunner Goike Maturen Rutledge

Bumstead Graves Miller, A. Santana

Canfield Howell Moss Schor

Chatfield Inman Muxlow Sheppard

Cole Jacobsen Neeley Smiley

Cotter Jenkins Nesbitt Somerville

Cox Johnson Outman Tedder

Crawford Kelly Pagel Theis

Durhal Kivela Pettalia VerHeulen

Farrington LaFontaine Phelps Victory

Forlini Lauwers Potvin Webber

Franz LaVoy Price Yonker

Garcia Leonard Rendon

Nays—50

Banks Garrett Irwin Poleski

Bizon Gay-Dagnogo Kesto Pscholka

Brinks Geiss Kosowski Roberts, S.

Byrd Greig LaGrand Robinson

Callton Greimel Lane Singh

Chang Guerra Liberati Talabi

Chirkun Heise Love Townsend

Clemente Hoadley Lucido Vaupel

Cochran Hooker McBroom Whiteford

Darany Hovey-Wright McCready Wittenberg

Dianda Howrylak Pagan Yanez

Driskell Hughes Plawecki Zemke

Faris Iden

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:

I find our existing speed limits to be perfectly sufficient. I don’t think the relatively complicated rules contemplated by the bills are necessary or advisable.

I appreciate the hard work and admirable goals of the sponsor, but I regret that I cannot support the package.

Thanks you, Mr. Speaker, for this opportunity to explain my No vote on the speed limit package.”

House Bill No. 4425, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 628 (MCL 257.628), as amended by 2006 PA 85.

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

Roll Call No. 342 Yeas—60

Afendoulis Glardon Leonard Rendon

Barrett Glenn Leutheuser Roberts, B.

Brunner Goike Lyons Runestad

Bumstead Graves Maturen Rutledge

Canfield Howell Miller, A. Santana

Chatfield Hughes Moss Schor

Cole Inman Muxlow Sheppard

Cotter Jacobsen Neeley Smiley

Cox Jenkins Nesbitt Somerville

Crawford Johnson Outman Tedder

Durhal Kelly Pagel Theis

Farrington Kivela Pettalia VerHeulen

Forlini LaFontaine Phelps Victory

Franz Lauwers Potvin Webber

Garcia LaVoy Price Yonker

Nays—49

Banks Garrett Irwin Poleski

Bizon Gay-Dagnogo Kesto Pscholka

Brinks Geiss Kosowski Roberts, S.

Byrd Greig LaGrand Robinson

Callton Greimel Lane Singh

Chang Guerra Liberati Talabi

Chirkun Heise Love Townsend

Clemente Hoadley Lucido Vaupel

Cochran Hooker McBroom Whiteford

Darany Hovey-Wright McCready Wittenberg

Dianda Howrylak Pagan Yanez

Driskell Iden Plawecki Zemke

Faris

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:

I find our existing speed limits to be perfectly sufficient. I don’t think the relatively complicated rules contemplated by the bills are necessary or advisable.

I appreciate the hard work and admirable goals of the sponsor, but I regret that I cannot support the package.

Thanks you, Mr. Speaker, for this opportunity to explain my No vote on the speed limit package.”

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:

No vote explanation on HB 4425:

I voted against HB 4425 because I oppose increasing speed limits above 70 miles per hour and 55 miles per hour on limited-access freeways and state trunk lines, respectively, and because I oppose the bill’s provision eliminating the role of superintendents in determining safe speeds in school zones.”

House Bill No. 4426, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 320a, 606, 608, 609, and 610 (MCL 257.320a, 257.606, 257.608, 257.609, and 257.610), section 320a as amended by 2012 PA 592 and section 606 as amended by 1980 PA 518.

(The bill was read a third time and passed, vote reconsidered and bill postponed temporarily on February 17, see House Journal No. 16, p. 217.)

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. 343 Yeas—75

Afendoulis Glenn LaVoy Rendon

Barrett Goike Leonard Roberts, B.

Brinks Graves Leutheuser Runestad

Brunner Greimel Liberati Rutledge

Bumstead Guerra Love Santana

Byrd Hoadley Lyons Schor

Canfield Hovey-Wright Maturen Sheppard

Chang Howell Miller, A. Singh

Chatfield Hughes Moss Smiley

Cole Inman Muxlow Somerville

Cotter Jacobsen Neeley Tedder

Crawford Jenkins Nesbitt Theis

Durhal Johnson Outman VerHeulen

Farrington Kelly Pagel Victory

Forlini Kivela Pettalia Webber

Franz Kosowski Phelps Wittenberg

Garcia LaFontaine Plawecki Yonker

Garrett LaGrand Potvin Zemke

Glardon Lauwers Price

Nays—34

Banks Driskell Irwin Pscholka

Bizon Faris Kesto Roberts, S.

Callton Gay-Dagnogo Lane Robinson

Chirkun Geiss Lucido Talabi

Clemente Greig McBroom Townsend

Cochran Heise McCready Vaupel

Cox Hooker Pagan Whiteford

Darany Howrylak Poleski Yanez

Dianda Iden

In The Chair: Leonard

The House agreed to the title of the bill.

______

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:

I find our existing speed limits to be perfectly sufficient. I don’t think the relatively complicated rules contemplated by the bills are necessary or advisable.

I appreciate the hard work and admirable goals of the sponsor, but I regret that I cannot support the package.

Thanks you, Mr. Speaker, for this opportunity to explain my No vote on the speed limit package.”

House Bill No. 4427, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2103 (MCL 500.2103), as amended by 2002 PA 492.

(The bill was read a third time and passed, vote reconsidered and bill postponed temporarily on February 17, see House Journal No. 16, p. 216.)

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. 344 Yeas—83

Afendoulis Franz LaFontaine Rendon

Banks Garcia LaGrand Roberts, B.

Barrett Garrett LaVoy Robinson

Bizon Glardon Leonard Runestad

Brinks Glenn Leutheuser Rutledge

Brunner Goike Liberati Santana

Bumstead Greimel Love Schor

Byrd Guerra Lyons Sheppard

Canfield Hoadley Maturen Singh

Chang Hooker Miller, A. Smiley

Chatfield Hovey-Wright Moss Somerville

Clemente Howell Muxlow Talabi

Cole Hughes Neeley Tedder

Cotter Inman Nesbitt Theis

Cox Irwin Outman VerHeulen

Crawford Jacobsen Pagel Victory

Driskell Jenkins Pettalia Webber

Durhal Johnson Phelps Wittenberg

Faris Kelly Plawecki Yonker

Farrington Kivela Potvin Zemke

Forlini Kosowski Price

Nays—26

Callton Graves Lauwers Pscholka

Chirkun Greig Lucido Roberts, S.

Cochran Heise McBroom Townsend

Darany Howrylak McCready Vaupel

Dianda Iden Pagan Whiteford

Gay-Dagnogo Kesto Poleski Yanez

Geiss Lane

In The Chair: Leonard

The House agreed to the title of the bill.

______

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:

I find our existing speed limits to be perfectly sufficient. I don’t think the relatively complicated rules contemplated by the bills are necessary or advisable.

I appreciate the hard work and admirable goals of the sponsor, but I regret that I cannot support the package.

Thanks you, Mr. Speaker, for this opportunity to explain my No vote on the speed limit package.”

Senate Bill No. 428, entitled

A bill to establish the American Red Cross Michigan fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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

Roll Call No. 345 Yeas—108

Afendoulis Garcia Kosowski Price

Banks Garrett LaFontaine Pscholka

Barrett Gay-Dagnogo LaGrand Rendon

Bizon Geiss Lane Roberts, B.

Brinks Glardon Lauwers Roberts, S.

Brunner Glenn LaVoy Robinson

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 Hoadley 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 Phelps Yanez

Forlini Kesto Plawecki Yonker

Franz Kivela Potvin Zemke

Nays—1

Poleski

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. 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:

I have consistently opposed income tax checkoffs ever since I took office in 2011. The income tax return is not a place to collect charitable contributions.

This is not a reflection on the charitable organizations, all of which are admirable.

Thank you, Mr. Speaker, for this opportunity to explain my No votes on these income tax checkoff bills.”

Senate Bill No. 429, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92.

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

Roll Call No. 346 Yeas—107

Afendoulis Garrett LaFontaine Pscholka

Banks Gay-Dagnogo LaGrand Rendon

Barrett Geiss Lane Roberts, B.

Bizon Glardon Lauwers Roberts, S.

Brinks Glenn LaVoy Robinson

Brunner Goike Leonard Runestad

Byrd Graves Leutheuser Rutledge

Callton Greig Liberati Santana

Canfield Greimel Love Schor

Chang Guerra Lucido Sheppard

Chatfield Heise Lyons Singh

Chirkun Hoadley 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 Phelps Yanez

Forlini Kesto Plawecki Yonker

Franz Kivela Potvin Zemke

Garcia Kosowski Price

Nays—2

Bumstead Poleski

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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; 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.

______

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:

I have consistently opposed income tax checkoffs ever since I took office in 2011. The income tax return is not a place to collect charitable contributions.

This is not a reflection on the charitable organizations, all of which are admirable.

Thank you, Mr. Speaker, for this opportunity to explain my No votes on these income tax checkoff bills.”

______

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

Senate Bill No. 672, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5109 (MCL 700.5109), as added by 2011 PA 61.

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

Roll Call No. 347 Yeas—108

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 Hoadley 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 Phelps Wittenberg

Farrington Kesto Plawecki Yanez

Forlini Kivela Poleski Yonker

Franz Kosowski Potvin Zemke

Nays—1

Irwin

In The Chair: Franz

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

“An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; 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.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Families, Children, and Seniors, by Rep. Hooker, Chair, reported

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.

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. Hooker, Crawford, Vaupel, Hovey-Wright, Talabi and Liberati

Nays: Reps. Runestad and Forlini

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 1, 2016

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

Absent: None.

Excused: None.

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

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.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Brett Roberts, Sheppard, Vaupel, Whiteford, Brunner, Darany and Talabi

Nays: None

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

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.

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 1, 2016

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

Absent: Rep. Garrett

Excused: Rep. Garrett

The Committee on Workforce and Talent Development, by Rep. Johnson, Chair, reported

House Bill No. 5677, entitled

A bill to provide a grievance procedure for state civil servants; to provide powers and responsibilities for state departments, agencies, and officers; and to provide a right of appeal.

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. Johnson, Tedder, Farrington, Price, Lauwers, Crawford, Iden, Brett Roberts and Howell

Nays: Reps. Brinks, Townsend, Geiss, Greig, Liberati and Love

The Committee on Workforce and Talent Development, by Rep. Johnson, Chair, reported

House Joint Resolution MM, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 48 of article IV and section 5 of article XI, to grant the heads of principal departments the authority to discipline or dismiss employees in the state classified civil service for conduct that directly and negatively impacts the department’s ability to accomplish its statutory duties in a fair, timely, equitable, and transparent manner and to provide for appeals.

Without amendment and with the recommendation that the joint resolution be adopted.

The joint resolution was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Johnson, Tedder, Farrington, Price, Lauwers, Crawford, Iden, Brett Roberts and Howell

Nays: Reps. Brinks, Townsend, Geiss, Greig, Liberati and Love

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Johnson, Chair, of the Committee on Workforce and Talent Development, was received and read:

Meeting held on: Wednesday, June 1, 2016

Present: Reps. Johnson, Tedder, Farrington, Price, Lauwers, Crawford, Iden, Brett Roberts, Howell, Brinks, Townsend, Geiss, Greig, Liberati and Love

The Committee on Appropriations, by Rep. Pscholka, Chair, reported

House Bill No. 5701, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 267 (MCL 18.1267), as amended by 2012 PA 237.

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. Pscholka, Bumstead, Jenkins, Muxlow, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Garcia, Inman, Aaron Miller, Irwin, Sarah Roberts, Banks, Faris, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan

Nays: Reps. Poleski and Santana

The Committee on Appropriations, by Rep. Pscholka, Chair, reported

House Bill No. 5706, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 2009 PA 137.

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 1, 2016

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

Second Reading of Bills

Senate Bill No. 523, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72114 (MCL 324.72114), as amended by 2014 PA 210, and by adding section 72117.

The bill was read a second time.

Rep. Rendon moved to amend the bill as follows:

1. Amend page 3, line 16, after “COMMISSION,” by inserting “HISTORIC PRESERVATION ORGANIZATIONS,”.

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

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

The motion prevailed.

House Bill No. 5484, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40116 (MCL 324.40116), as amended by 2009 PA 65.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4235, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2617, 2631, and 2632 (MCL 333.2617, 333.2631, and 333.2632).

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,

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

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

The motion prevailed.

House Bill No. 5577, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 248, 248h, and 802 (MCL 257.248, 257.248h, and 257.802), section 248 as amended by 2004 PA 495, section 248h as added by 1993 PA 300, and section 802 as amended by 2015 PA 78, and by adding sections 248k, 250a, 250b, and 250c.

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

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

Rep. Leutheuser moved to amend the bill as follows:

1. Amend page 17, line 26, after “LICENSE” by inserting “OR THE INDIVIDUAL RESPONSIBLE FOR THE DAILY OPERATION OF THE DEALERSHIP”.

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

Rep. Leutheuser moved to amend the bill as follows:

1. Amend page 27, line 1, after “PROGRAM” by inserting a comma and “OR IN THE AMOUNT OF $4.00 PER PLATE OR MARKER, WHICHEVER IS LESS”.

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

Rep. Leutheuser moved to amend the bill as follows:

1. Amend page 12, line 19, by striking out all of subdivision (M) and inserting:

“(M) A CERTIFICATION THAT THE APPLICANT IF THE APPLICANT IS AN INDIVIDUAL OR SOLE PROPRIETORSHIP, THE PARTNERS OF THE APPLICANT IF THE APPLICANT IS A PARTNERSHIP, THE PRINCIPAL OFFICERS OF THE APPLICANT IF THE APPLICANT IS A CORPORATION, OR ANY OTHER INDIVIDUAL WHO IS RESPONSIBLE FOR THE DAILY OPERATIONS OF THE DEALERSHIP, AS APPLICABLE, HAS REVIEWED AND UNDERSTANDS THE REQUIREMENTS OF THIS ACT, THE RULES PROMULGATED UNDER THIS ACT, THE DEALER MANUAL PUBLISHED BY THE SECRETARY OF STATE, AND ANY OTHER APPLICABLE MATERIAL PROVIDED BY THE DEPARTMENT.”.

2. Amend page 13, line 18, after “wholesale.” by striking out the balance of the subsection.

3. Amend page 16, line 21, after “show.” by striking out the balance of the section.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

Rep. Lane moved to amend the bill as follows:

1. Amend page 1, line 10, after “TRAINING” by striking out “PROGRAM” and inserting “CURRICULUM THAT HAS BEEN APPROVED BY THE DEPARTMENT AND”.

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

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

The motion prevailed.

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).

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

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

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

The motion prevailed.

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.

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

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

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

The motion prevailed.

House Bill No. 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.

The bill was read a second time.

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

The motion prevailed.

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.

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

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

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

The motion prevailed.

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.

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

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

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

The motion prevailed.

House Bill No. 5639, entitled

A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 9.

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

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

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

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

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

The motion prevailed.

House Bill No. 5701, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 267 (MCL 18.1267), as amended by 2012 PA 237.

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

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

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

The motion prevailed.

House Bill No. 5706, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 2009 PA 137.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5631, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 50507 (MCL 324.50507), as amended by 2004 PA 124.

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

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

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

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Pscholka 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

Messages from the Senate

Senate Bill No. 647, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168.

The Senate has passed the bill.

The bill was read a first time by its title.

Pending the reference of the bill to a committee,

Rep. Nesbitt moved that Rules 41 and 42 be suspended.

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

Rep. Nesbitt moved that the bill be placed on the order of Second Reading of Bills.

The motion prevailed.

Third Reading of Bills

Senate Bill No. 292, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 367 (MCL 18.1367), as amended by 1999 PA 8.

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

Roll Call No. 348 Yeas—109

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

Darany Irwin Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Whiteford

Faris Kelly Phelps Wittenberg

Farrington Kesto Plawecki Yanez

Forlini Kivela Poleski Yonker

Franz Kosowski Potvin Zemke

Garcia

Nays—0

In The Chair: Franz

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

“An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”

The House agreed to the full title.

Senate Bill No. 610, entitled

A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 67 (MCL 559.167), as amended by 2002 PA 283.

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

Roll Call No. 349 Yeas—109

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

Darany Irwin Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Whiteford

Faris Kelly Phelps Wittenberg

Farrington Kesto Plawecki Yanez

Forlini Kivela Poleski Yonker

Franz Kosowski Potvin Zemke

Garcia

Nays—0

In The Chair: Franz

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

“An act relative to condominiums and condominium projects; to prescribe powers and duties of the administrator; to provide certain protections for certain tenants, senior citizens, and persons with disabilities relating to conversion condominium projects; to provide for escrow arrangements; to provide an exemption from certain property tax increases; to impose duties on certain state departments; to prescribe remedies and penalties; 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. 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).

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

Roll Call No. 350 Yeas—108

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 Hoadley 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 Phelps Yanez

Forlini Kesto Plawecki Yonker

Franz Kivela Poleski Zemke

Nays—1

Robinson

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.

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.

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

Roll Call No. 351 Yeas—90

Afendoulis Franz Kivela Poleski

Barrett Garcia Kosowski Potvin

Bizon Geiss LaFontaine Price

Brinks Glardon Lauwers Pscholka

Brunner Glenn LaVoy Rendon

Bumstead Goike Leonard Roberts, B.

Callton Graves Leutheuser Runestad

Canfield Greig Liberati Rutledge

Chatfield Guerra Lucido Schor

Chirkun Heise Lyons Sheppard

Clemente Hoadley Maturen Smiley

Cochran Hooker McBroom Somerville

Cole Hovey-Wright McCready Talabi

Cotter Howell Miller, A. Tedder

Cox Howrylak Moss Theis

Crawford Hughes Muxlow Townsend

Darany Iden Nesbitt Vaupel

Dianda Inman Outman VerHeulen

Driskell Jacobsen Pagel Victory

Durhal Jenkins Pettalia Webber

Faris Johnson Phelps Whiteford

Farrington Kelly Plawecki Yonker

Forlini Kesto

Nays—19

Banks Greimel Neeley Singh

Byrd Irwin Pagan Wittenberg

Chang LaGrand Roberts, S. Yanez

Garrett Lane Robinson Zemke

Gay-Dagnogo Love Santana

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.

Second Reading of Bills

House Joint Resolution N, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article I, to require the government to obtain a search warrant in order to access a person’s electronic data or communication.

The joint resolution was read a second time.

Rep. Theis moved to amend the joint resolution as follows:

1. Amend the title to read as follows:

“A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article I, to require the government to obtain a search warrant in order to access a person’s electronic data or electronic communication.”.

2. Amend the first resolving clause to read as follows:

“Resolved by the Senate and House of Representatives of the state of Michigan, That the following amendment to the state constitution of 1963, to require the government to obtain a search warrant in order to access a person’s electronic data or electronic communication, is proposed, agreed to, and submitted to the people of the state:”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Theis moved to amend the joint resolution as follows:

1. Amend page 1, line 3, after “AND” by inserting “ELECTRONIC”.

2. Amend page 2, line 3, after “OR” by inserting “ELECTRONIC”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Runestad moved that the joint resolution be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5618, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310d.

Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Education,

The substitute (H-5) was not adopted, a majority of the members serving not voting therefor.

Rep. Schor moved to substitute (H-6) the bill.

The motion prevailed and the substitute (H-6) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5619, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310c.

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

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

Rep. Pscholka moved to amend the bill as follows:

1. Amend page 2, line 27, after “effect” by striking out the balance of the enacting section and inserting “August 1, 2016.”.

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

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

The motion prevailed.

House Bill No. 5620, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310b (MCL 380.1310b), as amended by 2014 PA 478.

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

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

Rep. Zemke moved to amend the bill as follows:

1. Amend page 7, line 16, after “effect” by striking out the balance of enacting section 1 and inserting “August 1, 2016.”.

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

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

The motion prevailed.

House Bill No. 5621, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1308 (MCL 380.1308), as added by 1999 PA 102.

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

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

Rep. Lyons moved to amend the bill as follows:

1. Amend page 6, following line 19, by inserting:

“Enacting section 1. This amendatory act takes effect August 1, 2016.”.

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

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

The motion prevailed.

House Bill No. 5693, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311 (MCL 380.1311), as amended by 2008 PA 1.

The bill was read a second time.

Rep. Lyons moved to amend the bill as follows:

1. Amend page 2, line 14, after “weapon” by inserting “IF THE SCHOOL BOARD DETERMINES IN WRITING THAT EXPULSION IS NOT JUSTIFIED DUE TO UNIQUE CIRCUMSTANCES IN THAT PARTICULAR CASE. THERE IS A REBUTTABLE PRESUMPTION THAT EXPULSION IS NOT JUSTIFIED”.

2. Amend page 2, line 15, after “pupil” by inserting “HAS NO HISTORY OF SUSPENSION OR EXPULSION OR”.

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5694, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310 (MCL 380.1310), as amended by 2000 PA 230.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5695, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311a (MCL 380.1311a), as amended by 2007 PA 138.

The bill was read a second time.

Rep. Lucido moved to amend the bill as follows:

1. Amend page 9, line 16, by striking out “2017” and inserting “2016”.

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

Rep. Lucido 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

Motions and Resolutions

Rep. Nesbitt moved that when the House adjourns today it stand adjourned until Thursday, June 2, at 10:00 a.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, May 31, for his approval of the following bills:

Enrolled House Bill No. 4493 at 11:56 a.m.

Enrolled House Bill No. 4634 at 11:58 a.m.

Enrolled House Bill No. 4787 at 12:00 p.m.

Enrolled House Bill No. 4830 at 12:02 p.m.

Enrolled House Bill No. 4984 at 12:04 p.m.

Enrolled House Bill No. 5131 at 12:06 p.m.

Enrolled House Bill No. 5132 at 12:08 p.m.

Enrolled House Bill No. 5133 at 12:10 p.m.

Enrolled House Bill No. 5247 at 12:12 p.m.

Enrolled House Bill No. 5251 at 12:14 p.m.

Enrolled House Bill No. 5512 at 12:16 p.m.

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, May 31:

House Bill Nos. 5708 5709 5710 5711 5712 5713

The Clerk announced that the following Senate bills had been received on Wednesday, June 1:

Senate Bill Nos. 774 878 976

Messages from the Senate

House Bill No. 4344, entitled

A bill to amend 1974 PA 300, entitled “An act to regulate the practice of servicing and repairing motor vehicles; to proscribe unfair and deceptive practices; to provide for training and certification of mechanics; to provide for the registration of motor vehicle repair facilities; to provide for enforcement; and to prescribe penalties,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2 and 10 as amended by 2016 PA 33, section 2a as added and sections 18, 22, and 30 as amended by 1988 PA 254, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 7g, 10b, 13a, 13b, and 32a.

The Senate has concurred in the House amendments to the Senate substitute (S-4).

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

House Bill No. 4656, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” (MCL 280.1 to 280.630) by adding section 201.

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. 4796, entitled

A bill to amend 1955 PA 133, entitled “An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States,” by amending sections 2 and 3 (MCL 32.272 and 32.273), section 3 as amended by 2008 PA 106.

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

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

House Bill No. 5521, entitled

A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 2 and 4a (MCL 722.952 and 722.954a), section 2 as amended by 1997 PA 172 and section 4a as amended by 2010 PA 265.

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. 4817, entitled

A bill to establish the Michigan junior achievement fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2) and ordered that it be given immediate effect.

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

House Bill No. 4818, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92.

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. 189, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2421b, 2421c, 2421d, and 2421e (MCL 600.2421b, 600.2421c, 600.2421d, and 600.2421e), as added by 1984 PA 197.

The Senate has passed the bill.

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

Senate Bill No. 190, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 123 (MCL 24.323), as added by 1984 PA 196.

The Senate has passed the bill.

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

Senate Bill No. 557, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28.

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. 833, entitled

A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2, 13, and 14 (MCL 29.362, 29.373, and 29.374), as amended by 2006 PA 213.

The Senate has passed the bill.

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

Senate Bill No. 886, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 71, 72, 80, 87, 115, and 122 (MCL 24.271, 24.272, 24.280, 24.287, 24.315, and 24.322), section 71 as amended by 1984 PA 28, section 80 as amended by 1984 PA 196, section 115 as amended by 1996 PA 489, and section 122 as amended by 2011 PA 247.

The Senate has passed the bill.

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

Senate Bill No. 954, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2004 and 2012 (MCL 339.2004 and 339.2012), section 2004 as amended by 2009 PA 143 and section 2012 as amended by 2002 PA 495; 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 Regulatory Reform.

Communications from State Officers

The following communication from the Secretary of State was received and read:

Notice of Filing

Administrative Rules

May 27, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-070-HS (Secretary of State Filing #16-05-07) on this date at 3:18 P.M. for the Department of Health and Human Services entitled, “Cancer Reporting”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communication was referred to the Clerk.

Introduction of Bills

Rep. Nesbitt introduced

House Bill No. 5714, entitled

A bill to amend 2002 PA 733, entitled “State plumbing act,” by amending section 23 (MCL 338.3533).

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

Reps. Geiss, Plawecki, Santana, Love, McBroom, Cochran, Hughes, Dianda, Wittenberg, Hovey-Wright and Gay-Dagnogo introduced

House Bill No. 5715, entitled