No. 68
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2016
House Chamber, Lansing, Thursday, September 22, 2016.
12:00 Noon.
The House was called to order by Associate Speaker Pro Tempore Franz.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present Garcia—present Kosowski—present Pscholka—present
Banks—present Garrett—present LaFontaine—present Rendon—present
Barrett—present Gay-Dagnogo—present LaGrand—present Roberts, B.—present
Bizon—present Geiss—present Lane—present Roberts, S.—present
Brinks—present Glardon—present Lauwers—present Robinson—present
Brunner—present Glenn—present LaVoy—present Runestad—present
Bumstead—present Goike—present Leonard—present Rutledge—present
Byrd—present Graves—present Leutheuser—present Santana—present
Callton—present Greig—present Liberati—present Schor—present
Canfield—present Greimel—present Love—present Sheppard—present
Chang—present Guerra—present Lucido—present Singh—present
Chatfield—present Heise—present Lyons—present Smiley—present
Chirkun—present Hoadley—present Maturen—present Somerville—present
Clemente—present Hooker—present McBroom—present Talabi—present
Cochran—present Hovey-Wright—present McCready—present Tedder—present
Cole—present Howell—present Miller, A.—present Theis—present
Cotter—present Howrylak—present Moss—present Townsend—present
Cox—present Hughes—present Muxlow—present Vaupel—present
Crawford—present Iden—present Neeley—present VerHeulen—present
Darany—present Inman—present Nesbitt—present Victory—present
Dianda—present Irwin—present Outman—present Webber—present
Driskell—present Jacobsen—present Pagan—present Whiteford—present
Durhal—present Jenkins—present Pagel—present Wittenberg—present
Faris—present Johnson—present Phelps—present Yanez—present
Farrington—present Kelly—present Poleski—present Yonker—present
Forlini—present Kesto—present Potvin—present Zemke—present
Franz—present Kivela—present Price—present
e/d/s = entered during session
Rep. Daniela Garcia, from the 90th District, offered the following invocation:
“Heavenly Father,
We humbly gather before You today to ask You to bless this House.
We come from our respective districts with different perspectives and experiences with the common goal of representing the people of Michigan to the best of our abilities.
We pray that You bless us with knowledge and the continued fortitude to serve our state with full hearts.
As our students are back in classrooms this fall, bless our educators with the wisdom and patience to teach our students, and bless our students with the love of learning.
We ask You to continue to bless our great state, and ask that You continue to protect those who serve our country.
Lastly, we ask that You continue to be with the families of those we have lost as we continue to grieve for them.
In Your name we pray. Amen.”
______
The Speaker assumed the Chair.
Motions and Resolutions
By unanimous consent the House considered House Resolution No. 345 out of numerical order.
Reps. Lane, Cochran, Driskell, Faris, Hoadley, Hooker, Howrylak, Hughes, Kelly, LaVoy, Sarah Roberts, Whiteford and Wittenberg offered the following resolution:
House Resolution No. 345.
A resolution to declare September 23, 2016, as Chiari Awareness Day in the state of Michigan.
Whereas, Chiari malformation is a neurological disorder where the cerebellum of the brain descends out of the skull and places pressure on the brain and the spinal cord; and
Whereas, Individuals with Chiari malformation also struggle with many other related conditions. A few of them are hydrocephalus, tethered spinal cord, intercranial hypertension, syringomyelia, and spina bifida; and
Whereas, It was estimated that Chiari malformations occurred in 1 in 1,000 births. However, now with the use of MRI’s becoming more frequent, it is believed that Chiari malformation is much more prevalent; and
Whereas, There are four different types of Chiari malformations differing by the amount of the herniation protruding from the skull; and
Whereas, Chiari does not discriminate as it affects people of any age. The average age of diagnosis is in the mid-thirties. However, as pediatricians are slowly learning more about the condition, it is being found in children more frequently; and
Whereas, Chiari malformation is often considered an invisible illness. Chiarians are often not believed of their declaration of symptoms because none of them can be seen; and
Whereas, There is no cure for Chiari. For some Chiarians, there is a surgery called a posterior fossa decompression which can offer some relief of symptoms. However, this is not a cure and for many they see no relief; and
Whereas, Chiari Matters, a non-profit dedicated to the education and awareness of the Chiari malformation, was launched on September 15, 2014; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare September 23, 2016, as Chiari Awareness Day in the state of Michigan. We encourage all citizens to help educate and support family, friends and neighbors who have been affected by Chiari. By increasing awareness of the risk factors and taking direct actions to reduce them, we can enable those who suffer from the disorder to live more peacefully; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the Governor of Michigan and Director of the Department of Community Health.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Faris, Chang, Cochran, Driskell, Hoadley, LaVoy, Sarah Roberts, Wittenberg offered the following resolution:
House Resolution No. 346.
A resolution to declare September 27, 2016, as Youth Consent Day in the state of Michigan.
Whereas, One in five women, at least 6% of men and over 40% of members of the LGBT community enrolled in a Michigan college or university will be sexually assaulted during their time as a student; and
Whereas, An estimated 61% of sexual assaults are not reported; and
Whereas, Young female victims of nonconsensual sexual acts are more likely to experience depression, self-blame, and alcohol and/or drug abuse; and
Whereas, Despite the existence of nationwide sexual assault prevention programs and Congress’ passage of The Campus Sexual Violence Elimination (SaVE) Act, there is no Michigan-specific awareness day or campaign focusing on the issue and importance of consent; and
Whereas, Sexual assault education among undergraduates has been shown to increase bystander intervention to prevent sexual assault, improve outcomes for individuals at risk, and increase opposition to rape; and
Whereas, Approximately 80% of sexual assaults among college-age females are committed by someone known to the victim and, the closer relationship between the victim and offender, the less likely the rape will be reported; and
Whereas, Sexual assault victimizations of students are more likely than nonstudent victimizations to go unreported to police; and
Whereas, Sexual assaults on college campuses are most likely to occur during the first three months of the school year, and, in Michigan, nonconsensual sexual activity is equivalent to sexual assault; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare September 27, 2016, as Youth Consent Day in the state of Michigan; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Senate; the Governor of the State of Michigan; Alpena Community College Office of the President, Bay College Office of the President, Central Michigan University Dean of Students, Delta College Office of the President, Eastern Michigan University Women’s Resource Center, Ferris State University Office of Student Life, Glen Oaks Community College Office of the President, Gogebic Community College Office of the President, Grand Rapids Community College Office of the President, Grand Valley State University Women’s Center, Henry Ford College Office of the President, Jackson College Office of the President, Kalamazoo Valley Community College Office of the President, Kellogg Community College Office of the President, Kirtland Community College Office of the President, Lake Michigan College Office of the President, Lake Superior State University Office of Student Affairs, Lansing Community College Office of the President, Macomb Community College Office of the President, Michigan State University Counseling Center, Michigan Technological University Center for Diversity and Inclusion, Mid Michigan Community College Office of the President, Monroe County Community College Office of the President, Montcalm Community College Office of the President, Mott Community College Office of the President, Muskegon Community College Office of the President, North Central Michigan College Office of the President, Northern Michigan University Equal Opportunity Office, Northwestern Michigan College Office of the President, Oakland Community College Office of the Chancellor, Oakland University Dean of Students, Saginaw Valley State University Office of Diversity Programs, Schoolcraft College Office of the President, Southwestern Michigan College Office of the President, St. Clair County Community College Office of the President, University of Michigan Sexual Assault Prevention and Awareness Center, Washtenaw Community College Office of the President, Wayne County Community College District Office of the President, Wayne State University Office of Equal Opportunity, West Shore Community College Office of the President, Western Michigan University Office of Health Promotion and Education.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Graves, Cochran, Faris, Hoadley, Hooker, Howrylak, Hughes, Kelly, LaVoy, Singh and Wittenberg offered the following resolution:
House Resolution No. 347.
A resolution to declare October 9, 2016, as PANS and PANDAS Awareness Day in the state of Michigan.
Whereas, Pediatric acute-onset neuropsychiatric syndrome (PANS) and pediatric autoimmune neuropsychiatric disorder associated with streptococcal (PANDAS) create the sudden onset of obsessive-compulsive disorder in children, causing previously healthy and emotionally adjusted children to experience severe anxiety and emotional disturbances; and
Whereas, Children with PANS and PANDAS tend to manifest some of the following symptoms: tics or other abnormal movements, severe separation anxiety, generalized anxiety, irritability, aggression, personality changes, ADHD, marked deterioration in learning and school performance, and developmental regression, including deterioration in handwriting; and
Whereas, PANS is broader than PANDAS as it includes not only disorders associated with a preceding infection, such as Mycoplasma Pneumoniae, Mono, Lyme, viruses, and more, but also acute onset non-infectious triggers, such as environmental factors and metabolic dysfunction. Treatment plans for PANS similar to those for PANDAS should be attempted; and
Whereas, Children with PANS and PANDAS may experience moderate to dramatic improvement with antibiotics, intravenous immunoglobulin treatment, or plasmapheresis; and
Whereas, Researchers at the National Institute of Mental Health are currently engaged in extensive research and testing on how to effectively treat PANS and PANDAS; and
Whereas, PANS and PANDAS has been estimated to affect approximately one out of every 200 children in the United States and is likely to be as common as pediatric cancer and pediatric diabetes; and
Whereas, It is imperative to educate the public to increase awareness of PANS and PANDAS and to work towards further research of this serious health issue; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare October 9, 2016, as PANS and PANDAS Awareness Day in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Irwin, Zemke, Driskell, Santana, Robinson, Pagan, Hoadley, Dianda, Gay-Dagnogo, Chang, Cochran, Faris, Hovey-Wright, Howrylak, Hughes, Kelly, Lauwers, LaVoy, Moss, Sarah Roberts, Schor, Singh and Wittenberg offered the following resolution:
House Resolution No. 348.
A resolution to declare September 26, 2016, as Diffuse Intrinsic Pontine Glioma Awareness Day in the state of Michigan.
Whereas, Diffuse Intrinsic Pontine Glioma (DIPG) is a fatal form of brain cancer affecting 200 to 400 school-aged children in the United States each year; and
Whereas, DIPG tumors grow into the parts of the brain stem that control the functions necessary for life and are thus inoperable; and
Whereas, Unlike with many other pediatric cancers, there has been little progress in improving treatments and cure rates for DIPG over the last few decades, such that the five-year survival rate for DIPG is less than 1 percent; and
Whereas, DIPG is one of the most resistant of all cancers to chemotherapy treatments and the causes of DIPG are unknown; and
Whereas, Chad Carr, the 5-year-old son of Tammi and Jason Carr of Ann Arbor, Michigan, died of DIPG on November 23, 2015. Chad, being the grandson of both former University of Michigan football coach Lloyd Carr and former University of Michigan All-American defensive back Tom Curtis, and son of Jason Carr, former University of Michigan quarterback, galvanized not only the football program but also the whole state of Michigan around his fight with DIPG. Chad Carr would have celebrated his 6th birthday on September 26, 2016; and
Whereas, Chad’s mother, Tammi, along with her husband, Jason, took it upon themselves in the midst of their family tragedy to create the ChadTough Foundation to spread awareness and news about DIPG, increase research efforts, and raise money to support research into DIPG and pediatric brain tumors. The 14-month struggle Chad and his family endured following his DIPG diagnosis has inspired the public to donate more than $1 million to pediatric cancer research through the ChadTough Foundation and the ChadTough Fund at University of Michigan C.S. Mott Children’s Hospital; and
Whereas, Chad inspired even famed football rivals University of Michigan, Michigan State University, and Ohio State University to work together to support DIPG awareness. As representatives and leaders of all Michiganders, it should be incumbent upon us to carry on the fight against DIPG for Chad’s family and all those affected by the disease; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare September 26, 2016, as Diffuse Intrinsic Pontine Glioma Awareness Day in the state of Michigan. We urge increased public awareness and increased funding for research into the prevention and cure of this deadly childhood disease.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Kesto, Chang, Cochran, Crawford, Hooker, Howrylak, Kelly, Lauwers, Poleski and Wittenberg offered the following resolution:
House Resolution No. 349.
A resolution to congratulate the government and people of the Republic of China (Taiwan) on the celebration of their 105th National Day and declare October 10, 2016, as Taiwan Day in the state of Michigan.
Whereas, Relations between the Republic of China (Taiwan) and the United States are marked by strong bilateral trade, education, and cultural exchanges. The United States is Taiwan’s third largest trading partner and Taiwan is the ninth largest trading partner of the United States. In 2015, the United States exported $25.9 billion in goods and $12.5 billion in services to Taiwan; and
Whereas, Taiwan and the state of Michigan have long benefited from this relationship. In 2015, Michigan’s exports to Taiwan reached $249.8 million, making Taiwan Michigan’s 6th largest export market in Asia and 22th largest export market in the world. Vibrant Michigan-Taiwan relations hold great promise for both our companies and workers; and
Whereas, Taiwan, located in the busiest section of airspace in East Asia, is an important part of the global air transport. Taiwan’s participation in the International Civil Aviation Organization (ICAO) will contribute meaningfully to the ICAO’s goal of a safe, efficient, secure, economically sustainable and environmentally responsible civil aviation sector; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body congratulate the government and people of the Republic of China (Taiwan) on the celebration of their 105th National Day and declare October 10, 2016, as Taiwan Day in the state of Michigan; and be it further,
Resolved, That we reaffirm the continuing support for Taiwan’s meaningful participation in the International Civil Aviation Organization (ICAO); and be it further
Resolved, That copies of this resolution be transmitted to the U.S. Secretary of State, the Taipei Economic and Cultural Office in Chicago, Illinois, and the members of the Michigan congressional delegation.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Brett Roberts, Cochran, Faris, Hoadley, Hovey-Wright, Howrylak, Hughes, Kelly, Poleski, Sarah Roberts and Wittenberg offered the following resolution:
House Resolution No. 350.
A resolution to declare November 7, 2016, as Reflex Sympathetic Dystrophy and Complex Regional Pain Syndrome Awareness Day in the state of Michigan.
Whereas, Reflex Sympathetic Dystrophy (RSD), also known as Complex Regional Pain Syndrome (CRPS), is a nerve disorder that causes chronic pain in one or more extremities along with organs, joints, and muscles; and
Whereas, The symptoms of RSD/CRPS are often described as burning that is out of proportion to the severity of the initial injury and can include extreme sensitivity to the touch, pathological changes in bone and skin, excessive sweating, and tissue swelling; and
Whereas, RSD/CRPS is ranked as the most painful form of chronic pain that exists today by the McGill Pain Index; and
Whereas, There is no identifiable cure for RDS/CRPS and treatments aimed at relieving pain are physical therapy, occupational therapy, nerve blocks, ketamine infusions, Calmare, opiates, pain pumps, and spinal cord stimulators; and
Whereas, Up to 200,000 individuals experience RSD/CRPS in the United States in any given year and the onset of RSD/CRPS can occur at any age or gender, although it is more common in females; and
Whereas, Reflex Sympathetic Dystrophy and Complex Regional Pain Syndrome Awareness Day provides an opportunity for those living with CRPS and others in the community to join together to further educate the public and health care professionals about RSD/CRPS and to work for further research regarding treatment and a cure for the disorder; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare November 7, 2016, as Reflex Sympathetic Dystrophy and Complex Regional Pain Syndrome Awareness Day in the state of Michigan. We encourage greater awareness of this condition and recognize the day-to-day hardships of those afflicted by RSD/CRPS.
The question being on the adoption of the resolution,
The resolution was adopted.
______
The Speaker called Associate Speaker Pro Tempore Franz to the Chair.
By unanimous consent the House considered House Resolution No. 352 out of numerical order.
Reps. Brinks, Price, Crawford, Durhal, Darany, Hovey-Wright, Hoadley, Yanez, Greig, Moss, Chirkun, Liberati, Pagan, Rutledge, Chang, VerHeulen, Lyons, Victory, Love, Greimel, Phelps, Whiteford, Graves, Glenn, Wittenberg, LaVoy, Smiley, Singh, Yonker, Gay-Dagnogo, Hughes, Faris, Lucido, Lane, Chatfield, Aaron Miller, McBroom, Leutheuser, Lauwers, Kivela, LaFontaine, Franz, Pscholka, Theis, Tedder, Poleski, Afendoulis, Hooker, Jacobsen, Brett Roberts, Cole, Bizon, Cochran, Cox, Driskell, Garcia, Geiss, Glardon, Howrylak, Kelly and Schor offered the following resolution:
House Resolution No. 352.
A resolution to declare October 2016 as Breast Cancer Awareness Month in the state of Michigan.
Whereas, October has long been recognized across America as Breast Cancer Awareness Month in an effort to raise public awareness about the importance of early detection; and
Whereas, In 2016, it is estimated that among U.S. women, there will be 246,660 new cases of invasive breast cancer and 61,000 new cases of in situ breast cancer along with over 40,000 breast cancer deaths; and
Whereas, In 2016, there are more than 2.8 million women with a history of breast cancer in the U.S. This includes women currently being treated and women who have finished treatment; and
Whereas, According to the Michigan Department of Community Health, breast cancer is the second leading cause of cancer deaths in Michigan and the most commonly diagnosed cancer in Michigan women; and
Whereas, One in eight women will be diagnosed with breast cancer in their lifetime; and
Whereas, All women are at risk for breast cancer and the two most important risk factors are being female and getting older; and
Whereas, The five year survival rate among women whose breast cancer has not spread beyond the breast at the time of diagnosis is close to 100 percent; and
Whereas, Since the inception of Breast Cancer Awareness Month in 1985, mammography use across America has doubled and breast cancer death rates have declined; and
Whereas, Efforts to promote increased mammography screening have resulted in the third Friday in October being declared National Mammography Day; and
Whereas, Even with impressive progress, many women do not utilize mammography or other recommended testing methods at regular intervals before physical symptoms can be seen or felt. Breast cancer deaths could decline further if all women age 40 and older received recommended screenings at regular intervals; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare October 2016 as Breast Cancer Awareness Month in the state of Michigan. We urge all Michiganders to use this month as an opportunity to educate themselves about breast cancer and take proactive steps to reduce their risks and get appropriate screenings.
The question being on the adoption of the resolution,
Rep. Brinks moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution No. 352.
A resolution to declare October 2016 as Breast Cancer Awareness Month in the state of Michigan.
Whereas, October has long been recognized across America as Breast Cancer Awareness Month in an effort to raise public awareness about the importance of early detection; and
Whereas, In 2016, it is estimated that among U.S. women, there will be 246,660 new cases of invasive breast cancer and 61,000 new cases of in situ breast cancer along with over 40,000 breast cancer deaths; and
Whereas, In 2016, there are more than 2.8 million women with a history of breast cancer in the U.S. This includes women currently being treated and women who have finished treatment; and
Whereas, According to the Michigan Department of Community Health, breast cancer is the second leading cause of cancer deaths in Michigan women and the most common newly diagnosed cancer in Michigan women; and
Whereas, One in eight women will be diagnosed with breast cancer in their lifetime; and
Whereas, Everyone is at risk for breast cancer but the two most important risk factors are being female and getting older; and
Whereas, The five year survival rate among women whose breast cancer has not spread beyond the breast at the time of diagnosis is close to 100 percent; and
Whereas, Since the inception of Breast Cancer Awareness Month in 1985, mammography use across America has doubled and breast cancer death rates have declined; and
Whereas, Efforts to promote increased mammogram screening have resulted in the third Friday in October being declared National Mammography Day; and
Whereas, Even with impressive progress, many women do not utilize mammograms or other recommended testing methods at regular intervals before physical symptoms can be seen or felt. Breast cancer deaths could decline further if all women age 40 and older received recommended screenings at regular intervals; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare October 2016 as Breast Cancer Awareness Month in the state of Michigan. We urge all Michiganders to use this month as an opportunity to educate themselves about breast cancer and take proactive steps to reduce their risks and get appropriate screenings.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Lauwers, Cochran, Kelly and LaVoy offered the following resolution:
House Resolution No. 353.
A resolution to declare Clay Township the Sturgeon Angling Capital of Michigan.
Whereas, By far more sturgeon angling occurs in the North and Middle channels of the St. Clair River within the political boundaries of Clay Township than anywhere else in Michigan. Though other areas of the state are open to catch and immediate release sturgeon fishing, populations are too small to make sturgeon a viable target species in most watersheds. In a few other areas where some harvest is allowed, regulations severely restrict the seasons. Most sturgeon fishing in the St. Clair River occurs in the North Channel which is almost entirely within the boundaries of Clay Township; and
Whereas, The waters of the St. Clair River within Clay Township have the longest and most active harvest seasons for lake sturgeon in Michigan for non-stocked waters with natural reproduction. The harvest season in the waters of the St. Clair River in Clay Township runs from July 16th until the end of September. Catch and immediate release angling continues until the end of November; and
Whereas, More sturgeon fishing permits are issued to anglers in the greater Detroit metro area including Wayne, Macomb, St. Clair and Oakland counties with the vast majority issued in Macomb and St. Clair Counties. Those anglers fish almost exclusively within the Clay Township waters of the North Channel of the St. Clair River; and
Whereas, The waters of the North Channel of the St. Clair River within the boundaries of Clay Township support the only commercial charter boat fishery for lake sturgeon in the State of Michigan; and
Whereas, More tagged sturgeon are reported to the Department of Natural Resources and more Lake Sturgeon Management Cooperator patches are issued to anglers fishing the Clay Township waters of the St. Clair River than to anglers fishing anywhere else in the State of Michigan; and
Whereas, A vast majority of lake sturgeon recorded in the Michigan DNR master angler program are taken from Clay Township waters of the North Channel of the St. Clair River. A search of the records for the last 5 years shows that 63 of 67 entries came from the St. Clair River and Lake St. Clair; and
Whereas, Michigan’s only sturgeon, and most unique fishing tournament, the North Channel Sturgeon Classic is held fully within the Clay Township waters of the North Channel of the St. Clair River. There were more than 33 fish caught by anglers during the tournament in 2015; and
Whereas, National Geographic Television filmed a sturgeon angling segment on the Clay Township waters of the North Channel of the St. Clair which aired in 2009 and several times thereafter as part of the Monster Fish Series. Michigan Out of Doors Television has done several sturgeon angling segments over the last several years for the television show. All of these trips have taken place in the Clay Township waters of the North Channel of the St. Clair River; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare Clay Township the Sturgeon Angling Capital of Michigan; and be it further
Resolved, That copies of this resolution be transmitted to Clay Township, St. Clair County, Michigan Department of Natural Resources, organizers of the North Channel Sturgeon Classic, and the Michigan United Conservation Clubs.
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Dianda offered the following resolution:
House Resolution No. 344.
A resolution to request that the Michigan Attorney General and Michigan State Police investigate the possible waste, fraud, and abuse of power by former Senate Majority Leader Randy Richardville and the Senate Business Office regarding the lease of the Capitol View Building.
Whereas, Former Senate Majority Leader Randy Richardville, on behalf of the Senate, agreed to lease the basement and seven floors of the Capitol View Building from Boji Group in 2014 for new Senate offices; and
Whereas, Instead of making the financially prudent decision to renovate the Farnum Building, which currently houses Senate offices and is owned by the state of Michigan, Senator Richardville decided to move the Senate from the Farnum Building to the Capitol View Building at the expense of Michigan taxpayers. The estimated cost of renovating the Farnum Building ranged from only $10 million to $30 million. The lease and renovation of the Capitol View Building is estimated to cost the state $134 million; and
Whereas, Irregularities surrounding the bidding and approval process cast doubt on whether Senator Richardville acted in the best interests of the Senate, the Legislature, and the people of Michigan; and
Whereas, The Senate grossly overpaid for the Capitol View Building, relying on negotiations to set the final price rather than requesting an appraisal of the property. The Department of Technology, Management, and Budget requires an appraisal before a real estate transaction with the state of Michigan to protect taxpayer interest. The Lansing City Assessor’s Office currently values the Capitol View Building at $12 million, but the Senate paid $41 million; and
Whereas, Boji Group may have been ineligible to conduct business with the state of Michigan at the time of the agreement but was selected anyway. The Department of Technology, Management, and Budget requires vendors to sign a responsibility certification stating that the company and its officers have not failed to pay any federal, state, or local taxes. Records show that the Department of Treasury had issued a tax lien notice against Boji Group in May 2014, which was not released until after Boji Group submitted its official bid. Either Boji Group did not sign the certification or it made a false statement on the certification, either of which could have been grounds for its disqualification; and
Whereas, Senator Richardville may have an inappropriate relationship with Boji Group. The Boji family has made significant contributions to Senator Richardville’s campaign committees and the campaign committees of his political allies. In addition, Senator Richardville met with Boji Group before bids were submitted, and since leaving office, has offered an endorsement of Boji Group in the company’s advertising materials and has consulted on behalf of Boji Group’s interests; and
Whereas, An expenditure of this magnitude requires careful scrutiny, but the Senate’s lease of the Capitol View Building was shrouded in secrecy. Given that Senator Richardville approved a deal that was much more expensive than renovating the Farnum Building and awarded the contract to a potentially ineligible company with which he has close ties, an independent investigation is necessary to determine if any state or federal laws were broken during the bidding process, negotiations, or execution of the Capitol View Building purchase; now, therefore, be it
Resolved by the House of Representatives, That we request that the Michigan Attorney General and Michigan State Police investigate the possible waste, fraud, and abuse of power by former Senate Majority Leader Randy Richardville and the Senate Business office regarding the lease of the Capitol View Building for new Senate office space from the Boji Group, LLC; and be it further
Resolved, That copies of this resolution be transmitted to the Attorney General and the director of the Michigan State Police.
The question being on the adoption of the resolution,
Rep. Nesbitt moved that consideration of the resolution be postponed for the day.
The motion prevailed.
Reps. Hoadley, Wittenberg, Chirkun, Moss, Hovey-Wright, LaGrand, Brinks, Pagan, Chang, Talabi, Cochran, Driskell, Faris, Schor and Singh offered the following resolution:
House Resolution No. 351.
A resolution to declare October 11, 2016, as National Coming Out Day in the state of Michigan.
Whereas, National Coming Out Day is recognized internationally as a day of self-affirmation and to raise awareness of the lesbian, gay, bisexual, transgender, and queer (LGTBQ) community and the movement for equality; and
Whereas, National Coming Out Day was founded in 1988 by to mark the anniversary of the second National March on Washington, with an estimated half a million participants, for “Lesbian and Gay Rights” which took place in 1987; and
Whereas, National Coming Out Day emphasizes the importance of “coming out,” the voluntary self-disclosure of one’s sexual orientation and/or gender identity; and
Whereas, National Coming Out Day creates an opportunity for the people of Michigan to celebrate the rich variation of persons in our state and to value their contributions to our communities; and
Whereas, The people of Michigan firmly believe in a society that values the freedom, worth, and dignity of each human being; and
Whereas, The people of Michigan understand and appreciate the cultural, civic, and economic contributions of the LGBTQ community to the greater community of the state; and
Whereas, October 11 is recognized and celebrated as National Coming Out Day throughout the country and worldwide; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare October 11, 2016 as National Coming Out Day in the state of Michigan, and be it further
Resolved, That we pledge to continue our efforts in creating and maintaining a state that provides acceptance, equal opportunity, fair treatment, and human dignity for all people.
The resolution was referred to the Committee on Families, Children, and Seniors.
Messages from the Senate
Senate Concurrent Resolution No. 32.
A concurrent resolution prescribing the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Wednesday, September 21, 2016, it stands adjourned until Tuesday, October 18, 2016, at 10:00 a.m.; and when it adjourns on Thursday, October 20, 2016, it stands adjourned until Wednesday, November 9, 2016, at 10:00 a.m.; and be it further
Resolved, That when the House of Representatives adjourns on Thursday, September 22, 2016, it stands adjourned until Wednesday, October 19, 2016, at 1:30 p.m.; and when it adjourns on Wednesday, October 19, 2016, it stands adjourned until Wednesday, November 9, 2016, at 1:30 p.m.
The Senate has adopted the concurrent resolution.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Third Reading of Bills
House Bill No. 5826, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 5a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 479 Yeas—102
Afendoulis Gay-Dagnogo LaFontaine Pscholka
Banks Geiss LaGrand Rendon
Barrett Glardon Lane Roberts, B.
Bizon Glenn Lauwers Roberts, S.
Brinks Goike LaVoy Robinson
Byrd Graves Leonard Runestad
Callton Greig Leutheuser Rutledge
Canfield Greimel Liberati Santana
Chang Guerra Love Schor
Chatfield Heise Lucido Sheppard
Clemente Hoadley Lyons Singh
Cochran Hooker Maturen Somerville
Cole Hovey-Wright McBroom Talabi
Cotter Howell McCready Tedder
Cox Howrylak Miller, A. Theis
Crawford Hughes Moss Townsend
Darany Iden Muxlow Vaupel
Dianda Inman Neeley VerHeulen
Driskell Irwin Nesbitt Victory
Durhal Jacobsen Outman Webber
Faris Jenkins Pagan Whiteford
Farrington Johnson Pagel Wittenberg
Forlini Kelly Phelps Yanez
Franz Kesto Poleski Yonker
Garcia Kivela Price Zemke
Garrett Kosowski
Nays—5
Brunner Chirkun Potvin Smiley
Bumstead
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.
Senate Bill No. 987, entitled
A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 3 (MCL 550.1733), as amended by 2014 PA 162.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 480 Yeas—62
Afendoulis Glardon Lauwers Price
Barrett Glenn Leonard Pscholka
Bizon Goike Leutheuser Rendon
Bumstead Graves Lucido Roberts, B.
Callton Heise Lyons Runestad
Canfield Howell Maturen Sheppard
Chatfield Hughes McBroom Somerville
Clemente Iden McCready Tedder
Cole Inman Miller, A. Theis
Cotter Jacobsen Muxlow Vaupel
Cox Jenkins Nesbitt VerHeulen
Crawford Johnson Outman Victory
Farrington Kelly Pagel Webber
Forlini Kesto Poleski Whiteford
Franz Kosowski Potvin Yonker
Garcia LaFontaine
Nays—45
Banks Garrett Kivela Robinson
Brinks Gay-Dagnogo LaGrand Rutledge
Brunner Geiss Lane Santana
Byrd Greig LaVoy Schor
Chang Greimel Liberati Singh
Chirkun Guerra Love Smiley
Cochran Hoadley Moss Talabi
Darany Hooker Neeley Townsend
Dianda Hovey-Wright Pagan Wittenberg
Driskell Howrylak Phelps Yanez
Durhal Irwin Roberts, S. Zemke
Faris
In The Chair: Franz
The question being on agreeing to the title of the bill,
Rep. Nesbitt moved to amend the title to read as follows:
A bill to amend 2011 PA 142, entitled “An act to impose an assessment on certain health care claims; to impose certain duties and obligations on certain insurance or health coverage providers; to impose certain duties on certain state departments, agencies, and officials; to create certain funds; to authorize certain expenditures; to impose certain remedies and penalties; to provide for an appropriation; and to repeal acts and parts of acts,” by amending section 3 (MCL 550.1733), as amended by 2016 PA 50; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Hooker, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on this HICA Modification change because it doesn’t set aside money in case the Federal government rejects this fix and we are assessed the back amount of it could be nearly a billion dollars on future budgets.”
Rep. Howrylak, 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:
While the Health Insurance Claims Assessment is unpopular and not necessarily the best way to fund Michigan’s share of Medicaid funding, this four bill package (SB 987-990) is particularly concerning. Indeed, the bills are opposed by the State Budget Office in their present form, so more work is clearly needed. Because there is uncertainty regarding the federal government’s position on this restructuring of state support for Medicaid funding, this is clearly not a viable long-term plan. Our tax and funding structure for Medicaid should be definite and long-term. The most obvious source of Medicaid funding should start with the Tobacco Settlement funds. Unfortunately this is not the case and that stream of money is spent elsewhere.”
Senate Bill No. 988, entitled
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 6 (MCL 12.252 and 12.256), section 2 as amended by 2005 PA 232, and by adding section 11.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 481 Yeas—61
Afendoulis Glardon Lauwers Price
Barrett Glenn Leonard Pscholka
Bizon Graves Leutheuser Rendon
Bumstead Heise Lucido Roberts, B.
Callton Howell Lyons Runestad
Canfield Hughes Maturen Sheppard
Chatfield Iden McBroom Somerville
Clemente Inman McCready Tedder
Cole Jacobsen Miller, A. Theis
Cotter Jenkins Muxlow Vaupel
Cox Johnson Nesbitt VerHeulen
Crawford Kelly Outman Victory
Farrington Kesto Pagel Webber
Forlini Kosowski Poleski Whiteford
Franz LaFontaine Potvin Yonker
Garcia
Nays—46
Banks Garrett Kivela Robinson
Brinks Gay-Dagnogo LaGrand Rutledge
Brunner Geiss Lane Santana
Byrd Goike LaVoy Schor
Chang Greig Liberati Singh
Chirkun Greimel Love Smiley
Cochran Guerra Moss Talabi
Darany Hoadley Neeley Townsend
Dianda Hooker Pagan Wittenberg
Driskell Hovey-Wright Phelps Yanez
Durhal Howrylak Roberts, S. Zemke
Faris Irwin
In The Chair: Franz
The question being on agreeing to the title of the bill,
Rep. Nesbitt moved to amend the title to read as follows:
A bill to amend 2000 PA 489, entitled “An act to create certain funds; to provide for the allocation of certain revenues among certain funds and for the operation, investment, and expenditure of certain funds; and to impose certain duties and requirements on certain state officials,” by amending sections 2 and 6 (MCL 12.252 and 12.256), section 2 as amended by 2016 PA 193, and by adding section 11.
The motion prevailed.
The House agreed to the title as amended.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Hooker, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on this HICA Modification change because it doesn’t set aside money in case the Federal government rejects this fix and we are assessed the back amount of it could be nearly a billion dollars on future budgets.”
Senate Bill No. 989, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3f and 21 (MCL 205.93f and 205.111), section 3f as amended by 2014 PA 161 and section 21 as amended by 2015 PA 263.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 482 Yeas—61
Afendoulis Glardon Lauwers Price
Barrett Glenn Leonard Pscholka
Bizon Graves Leutheuser Rendon
Bumstead Heise Lucido Roberts, B.
Callton Howell Lyons Runestad
Canfield Hughes Maturen Sheppard
Chatfield Iden McBroom Somerville
Clemente Inman McCready Tedder
Cole Jacobsen Miller, A. Theis
Cotter Jenkins Muxlow Vaupel
Cox Johnson Nesbitt VerHeulen
Crawford Kelly Outman Victory
Farrington Kesto Pagel Webber
Forlini Kosowski Poleski Whiteford
Franz LaFontaine Potvin Yonker
Garcia
Nays—46
Banks Garrett Kivela Robinson
Brinks Gay-Dagnogo LaGrand Rutledge
Brunner Geiss Lane Santana
Byrd Goike LaVoy Schor
Chang Greig Liberati Singh
Chirkun Greimel Love Smiley
Cochran Guerra Moss Talabi
Darany Hoadley Neeley Townsend
Dianda Hooker Pagan Wittenberg
Driskell Hovey-Wright Phelps Yanez
Durhal Howrylak Roberts, S. Zemke
Faris Irwin
In The Chair: Franz
The question being on agreeing to the title of the bill,
Rep. Nesbitt moved to amend the title to read as follows:
A bill to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 21 (MCL 205.111), as amended by 2015 PA 263.
The motion prevailed.
The House agreed to the title as amended.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Hooker, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on this HICA Modification change because it doesn’t set aside money in case the Federal government rejects this fix and we are assessed the back amount of it could be nearly a billion dollars on future budgets.”
Senate Bill No. 990, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 51f.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 483 Yeas—62
Afendoulis Glardon Leonard Pscholka
Barrett Glenn Leutheuser Rendon
Bizon Graves Lucido Roberts, B.
Bumstead Heise Lyons Runestad
Callton Howell Maturen Sheppard
Canfield Hughes McBroom Somerville
Chatfield Iden McCready Tedder
Clemente Inman Miller, A. Theis
Cole Jacobsen Muxlow Townsend
Cotter Jenkins Nesbitt Vaupel
Cox Johnson Outman VerHeulen
Crawford Kelly Pagel Victory
Farrington Kesto Poleski Webber
Forlini Kosowski Potvin Whiteford
Franz LaFontaine Price Yonker
Garcia Lauwers
Nays—45
Banks Garrett Irwin Roberts, S.
Brinks Gay-Dagnogo Kivela Robinson
Brunner Geiss LaGrand Rutledge
Byrd Goike Lane Santana
Chang Greig LaVoy Schor
Chirkun Greimel Liberati Singh
Cochran Guerra Love Smiley
Darany Hoadley Moss Talabi
Dianda Hooker Neeley Wittenberg
Driskell Hovey-Wright Pagan Yanez
Durhal Howrylak Phelps Zemke
Faris
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 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. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Hooker, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
I voted no on this HICA Modification change because it doesn’t set aside money in case the Federal government rejects this fix and we are assessed the back amount of it could be nearly a billion dollars on future budgets.”
Rep. Howrylak, 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:
It is a dangerous policy to further divert tax revenue going into the General Fund by statutorily forcing it into a specific purpose. Allocations are best done as part of the appropriations process. It requires discipline and restraint by policymakers. In the long run, this change will not be sustainable as it will put too much pressure on both the General Fund and on the ability of the State to properly pay its share of Medicaid.
While the Health Insurance Claims Assessment is unpopular and not necessarily the best way to fund Michigan’s share of Medicaid funding, this four bill package (SB 987-990) is particularly concerning. Indeed, the bills are opposed by the State Budget Office in their present form, so more work is clearly needed. Because there is uncertainty regarding the federal government’s position on this restructuring of state support for Medicaid funding, this is clearly not a viable long-term plan. Our tax and funding structure for Medicaid should be definite and long-term. The most obvious source of Medicaid funding should start with the Tobacco Settlement funds. Unfortunately this is not the case and that stream of money is spent elsewhere.”
Senate Bill No. 981, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2014 PA 353.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 484 Yeas—104
Afendoulis Franz Kivela Potvin
Banks Garcia Kosowski Pscholka
Barrett Garrett LaFontaine Rendon
Bizon Gay-Dagnogo LaGrand Roberts, B.
Brinks Geiss Lane Roberts, S.
Brunner Glardon Lauwers Runestad
Bumstead Glenn LaVoy Rutledge
Byrd Goike Leonard Santana
Callton Graves Leutheuser Schor
Canfield Greig Liberati Sheppard
Chang Greimel Love Singh
Chatfield Guerra Lucido Smiley
Chirkun Heise Lyons Somerville
Clemente Hoadley Maturen Talabi
Cochran Hovey-Wright McBroom Tedder
Cole Howell McCready Theis
Cotter Howrylak Miller, A. Townsend
Cox Hughes Moss Vaupel
Crawford Iden Muxlow VerHeulen
Darany Inman Neeley Victory
Dianda Irwin Nesbitt Webber
Driskell Jacobsen Outman Whiteford
Durhal Jenkins Pagan Wittenberg
Faris Johnson Pagel Yanez
Farrington Kelly Phelps Yonker
Forlini Kesto Poleski Zemke
Nays—3
Hooker Price Robinson
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 create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; 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. 5790, entitled
A bill to amend 2014 PA 462, entitled “An act to allow peace officers to carry and administer opioid antagonists in certain circumstances; to provide access to opioid antagonists by law enforcement agencies and peace officers; and to limit the civil and criminal liability of law enforcement agencies and peace officers for the possession, distribution, and use of opioid antagonists under certain circumstances,” by amending section 1 (MCL 28.541).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 485 Yeas—107
Afendoulis Garcia Kosowski Pscholka
Banks Garrett LaFontaine Rendon
Barrett Gay-Dagnogo LaGrand Roberts, B.
Bizon Geiss Lane Roberts, S.
Brinks Glardon Lauwers Robinson
Brunner Glenn LaVoy Runestad
Bumstead Goike Leonard Rutledge
Byrd Graves Leutheuser Santana
Callton Greig Liberati Schor
Canfield Greimel Love Sheppard
Chang Guerra Lucido Singh
Chatfield Heise Lyons Smiley
Chirkun Hoadley Maturen Somerville
Clemente Hooker McBroom Talabi
Cochran Hovey-Wright McCready Tedder
Cole Howell Miller, A. Theis
Cotter Howrylak Moss Townsend
Cox Hughes Muxlow Vaupel
Crawford Iden Neeley VerHeulen
Darany Inman Nesbitt Victory
Dianda Irwin Outman Webber
Driskell Jacobsen Pagan Whiteford
Durhal Jenkins Pagel Wittenberg
Faris Johnson Phelps Yanez
Farrington Kelly Poleski Yonker
Forlini Kesto Potvin Zemke
Franz Kivela Price
Nays—0
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. 5842, entitled
A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending sections 3, 5, and 11 (MCL 780.983, 780.985, and 780.991).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 486 Yeas—100
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 Runestad
Bumstead Goike Leutheuser Rutledge
Byrd Graves Liberati Santana
Callton Greig Love Schor
Canfield Greimel Lucido Sheppard
Chang Guerra Lyons Singh
Chatfield Heise Maturen Smiley
Clemente Hoadley 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 Jacobsen Outman Victory
Driskell Jenkins Pagan Webber
Durhal Johnson Pagel Whiteford
Faris Kesto Phelps Wittenberg
Farrington Kivela Poleski Yonker
Forlini Kosowski Potvin Zemke
Nays—7
Chirkun Hooker Kelly Yanez
Franz Irwin 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.
______
Rep. Hooker, 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:
This bill changing the oversight of indigent defense commission from the court setting to be under LARA. I do not believe that Licensing and Regulatory Affairs is the appropriate oversight organization.”
House Bill No. 5843, entitled
A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 9 (MCL 780.989).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 487 Yeas—101
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 Runestad
Bumstead Goike Leutheuser Rutledge
Byrd Graves Liberati Santana
Callton Greig Love Schor
Canfield Greimel Lucido Sheppard
Chang Guerra Lyons Singh
Chatfield Heise Maturen Smiley
Chirkun Hoadley McBroom Somerville
Clemente Hovey-Wright McCready Talabi
Cochran Howell Miller, A. Tedder
Cole Howrylak Moss Theis
Cotter Hughes Muxlow Townsend
Cox Iden Neeley Vaupel
Crawford Inman Nesbitt VerHeulen
Darany Jacobsen Outman Victory
Dianda Jenkins Pagan Webber
Driskell Johnson Pagel Whiteford
Durhal Kesto Phelps Wittenberg
Faris Kivela Poleski Yonker
Farrington Kosowski Potvin Zemke
Forlini
Nays—6
Franz Irwin Robinson Yanez
Hooker Kelly
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. 5844, entitled
A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 13 (MCL 780.993).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 488 Yeas—100
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 Runestad
Bumstead Goike Leutheuser Rutledge
Byrd Graves Liberati Santana
Callton Greig Love Schor
Canfield Greimel Lucido Sheppard
Chang Guerra Lyons Singh
Chatfield Heise Maturen Smiley
Clemente Hoadley 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 Jacobsen Outman Victory
Driskell Jenkins Pagan Webber
Durhal Johnson Pagel Whiteford
Faris Kesto Phelps Wittenberg
Farrington Kivela Poleski Yonker
Forlini Kosowski Potvin Zemke
Nays—7
Chirkun Hooker Kelly Yanez
Franz Irwin 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.
______
The Speaker Pro Tempore assumed the Chair.
House Bill No. 5845, entitled
A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 15 (MCL 780.995).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 489 Yeas—101
Afendoulis Garrett LaFontaine Price
Banks Gay-Dagnogo LaGrand Pscholka
Barrett Geiss Lane Rendon
Bizon Glardon Lauwers Roberts, B.
Brinks Glenn LaVoy Roberts, S.
Brunner Goike Leonard Runestad
Bumstead Graves Leutheuser Rutledge
Byrd Greig Liberati Santana
Callton Greimel Love Schor
Canfield Guerra Lucido Sheppard
Chang Heise Lyons Singh
Chatfield Hoadley Maturen Smiley
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 Kesto Phelps Wittenberg
Farrington Kivela Poleski Yonker
Forlini Kosowski Potvin Zemke
Garcia
Nays—6
Chirkun Hooker Robinson Yanez
Franz Kelly
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. 5846, entitled
A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 17 (MCL 780.997).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 490 Yeas—100
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 Runestad
Bumstead Goike Leutheuser Rutledge
Byrd Graves Liberati Santana
Callton Greig Love Schor
Canfield Greimel Lucido Sheppard
Chang Guerra Lyons Singh
Chatfield Heise Maturen Smiley
Clemente Hoadley 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 Jacobsen Outman Victory
Driskell Jenkins Pagan Webber
Durhal Johnson Pagel Whiteford
Faris Kesto Phelps Wittenberg
Farrington Kivela Poleski Yonker
Forlini Kosowski Potvin Zemke
Nays—7
Chirkun Hooker Kelly Yanez
Franz Irwin Robinson
In The Chair: Leonard
The House agreed to the title of the bill.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Hooker, 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:
This bill changing the oversight of indigent defense commission from the court setting to be under LARA. I do not believe that Licensing and Regulatory Affairs is the appropriate oversight organization.”
House Bill No. 5504, entitled
A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending sections 1, 4, and 9 (MCL 566.31, 566.34, and 566.39), section 1 as amended by 2009 PA 44.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 491 Yeas—96
Afendoulis Garcia Kivela Poleski
Banks Garrett Kosowski Potvin
Barrett Gay-Dagnogo LaFontaine Price
Bizon Geiss LaGrand Pscholka
Brinks Glardon Lane Rendon
Brunner Glenn Lauwers Roberts, B.
Bumstead Goike LaVoy Runestad
Byrd Graves Leonard Rutledge
Callton Greig Leutheuser Santana
Canfield Guerra Liberati Sheppard
Chang Heise Love Singh
Chatfield Hooker Lucido Smiley
Clemente Hovey-Wright Lyons Somerville
Cole Howell Maturen Talabi
Cotter Howrylak McBroom Tedder
Cox Hughes McCready Theis
Crawford Iden Miller, A. Vaupel
Darany Inman Moss VerHeulen
Dianda Irwin Muxlow Victory
Driskell Jacobsen Neeley Webber
Durhal Jenkins Nesbitt Whiteford
Farrington Johnson Outman Yanez
Forlini Kelly Pagel Yonker
Franz Kesto Phelps Zemke
Nays—11
Chirkun Greimel Roberts, S. Townsend
Cochran Hoadley Robinson Wittenberg
Faris Pagan Schor
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. 4281, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 39 (MCL 338.2239), as amended by 2012 PA 308.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 492 Yeas—69
Afendoulis Glardon LaFontaine Pscholka
Barrett Glenn Lauwers Rendon
Bizon Goike Leonard Roberts, B.
Bumstead Graves Leutheuser Runestad
Callton Heise Lucido Rutledge
Canfield Hooker Lyons Sheppard
Chatfield Howell Maturen Smiley
Chirkun Hughes McBroom Somerville
Clemente Iden McCready Tedder
Cole Inman Miller, A. Theis
Cotter Jacobsen Muxlow Vaupel
Cox Jenkins Nesbitt VerHeulen
Crawford Johnson Outman Victory
Dianda Kelly Pagel Webber
Farrington Kesto Poleski Whiteford
Forlini Kivela Potvin Yonker
Franz Kosowski Price Zemke
Garcia
Nays—38
Banks Garrett LaGrand Roberts, S.
Brinks Gay-Dagnogo Lane Robinson
Brunner Geiss LaVoy Santana
Byrd Greig Liberati Schor
Chang Greimel Love Singh
Cochran Guerra Moss Talabi
Darany Hoadley Neeley Townsend
Driskell Hovey-Wright Pagan Wittenberg
Durhal Howrylak Phelps Yanez
Faris Irwin
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. 4282, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 411, 601, 2401, 2402, 2403, 2404, 2404b, 2404c, 2407, 2410, 2411, and 2412 (MCL 339.411, 339.601, 339.2401, 339.2402, 339.2403, 339.2404, 339.2404b, 339.2404c, 339.2407, 339.2410, 339.2411, and 339.2412), section 411 as amended by 2014 PA 265, section 601 as amended by 2008 PA 319, section 2401 as amended by 1991 PA 166, section 2402 as amended by 2007 PA 157, section 2403 as amended by 1984 PA 191, section 2404 as amended and section 2404c as added by 2014 PA 176, section 2404b as amended by 2014 PA 175, section 2407 as amended by 1988 PA 463, section 2411 as amended by 2010 PA 151, and section 2412 as amended by 2007 PA 155.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 493 Yeas—66
Afendoulis Goike Leonard Rendon
Barrett Graves Leutheuser Roberts, B.
Bizon Heise Lucido Runestad
Bumstead Hooker Lyons Rutledge
Callton Howell Maturen Sheppard
Canfield Howrylak McBroom Smiley
Chatfield Hughes McCready Somerville
Cole Iden Miller, A. Talabi
Cotter Inman Muxlow Tedder
Cox Jacobsen Nesbitt Theis
Crawford Jenkins Outman Vaupel
Farrington Johnson Pagel VerHeulen
Forlini Kelly Poleski Victory
Franz Kesto Potvin Webber
Garcia Kosowski Price Whiteford
Glardon LaFontaine Pscholka Yonker
Glenn Lauwers
Nays—40
Banks Driskell Hovey-Wright Phelps
Brinks Durhal Irwin Roberts, S.
Brunner Faris Kivela Robinson
Byrd Garrett Lane Santana
Chang Gay-Dagnogo LaVoy Schor
Chirkun Geiss Liberati Singh
Clemente Greig Love Townsend
Cochran Greimel Moss Wittenberg
Darany Guerra Neeley Yanez
Dianda Hoadley Pagan Zemke
In The Chair: Leonard
The question being on agreeing to the title of the bill,
Rep. Nesbitt moved to amend the title to read as follows:
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2403 and 2404b (MCL 339.2403 and 339.2404b), section 2403 as amended by 1984 PA 191 and section 2404b as amended by 2014 PA 175.
The motion prevailed.
The House agreed to the title as amended.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. LaGrand, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 493 because of a possible conflict of interest.”
House Bill No. 5730, 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 third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 494 Yeas—107
Afendoulis Garcia Kosowski Pscholka
Banks Garrett LaFontaine Rendon
Barrett Gay-Dagnogo LaGrand Roberts, B.
Bizon Geiss Lane Roberts, S.
Brinks Glardon Lauwers Robinson
Brunner Glenn LaVoy Runestad
Bumstead Goike Leonard Rutledge
Byrd Graves Leutheuser Santana
Callton Greig Liberati Schor
Canfield Greimel Love Sheppard
Chang Guerra Lucido Singh
Chatfield Heise Lyons Smiley
Chirkun Hoadley Maturen Somerville
Clemente Hooker McBroom Talabi
Cochran Hovey-Wright McCready Tedder
Cole Howell Miller, A. Theis
Cotter Howrylak Moss Townsend
Cox Hughes Muxlow Vaupel
Crawford Iden Neeley VerHeulen
Darany Inman Nesbitt Victory
Dianda Irwin Outman Webber
Driskell Jacobsen Pagan Whiteford
Durhal Jenkins Pagel Wittenberg
Faris Johnson Phelps Yanez
Farrington Kelly Poleski Yonker
Forlini Kesto Potvin Zemke
Franz Kivela Price
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.
House Bill No. 5651, entitled
A bill to amend 1978 PA 639, entitled “Hertel-Law-T. Stopczynski port authority act,” by amending sections 2, 4, 5, 8, 9, 10, 12, 13, 14, 16, 21, 24, 25, and 26 (MCL 120.102, 120.104, 120.105, 120.108, 120.109, 120.110, 120.112, 120.113, 120.114, 120.116, 120.121, 120.124, 120.125, and 120.126), section 5 as amended by 2001 PA 244 and section 14 as amended by 2002 PA 412, and by adding section 24a; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 495 Yeas—98
Afendoulis Franz LaFontaine Potvin
Banks Garcia LaGrand Price
Bizon Garrett Lane Pscholka
Brinks Gay-Dagnogo Lauwers Rendon
Brunner Geiss LaVoy Roberts, B.
Bumstead Glardon Leonard Roberts, S.
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 Talabi
Cochran Hovey-Wright McCready Tedder
Cole Howell Miller, A. Townsend
Cotter Hughes Moss Vaupel
Cox Iden Muxlow VerHeulen
Crawford Inman Neeley Victory
Darany Irwin Nesbitt Webber
Dianda Jacobsen Outman Whiteford
Driskell Jenkins Pagan Wittenberg
Durhal Johnson Pagel Yanez
Faris Kesto Phelps Yonker
Farrington Kivela Poleski Zemke
Forlini Kosowski
Nays—9
Barrett Howrylak Robinson Somerville
Glenn Kelly Runestad Theis
Goike
In The Chair: Franz
The question being on agreeing to the title of the bill,
Rep. Nesbitt moved to amend the title to read as follows:
A bill to amend 1978 PA 639, entitled “Hertel-Law-T. Stopczynski port authority act,” by amending sections 2, 4, 5, 8, 9, 10, 12, 13, 14, 16, 21, 24, 25, and 26 (MCL 120.102, 120.104, 120.105, 120.108, 120.109, 120.110, 120.112, 120.113, 120.114, 120.116, 120.121, 120.124, 120.125, and 120.126), section 5 as amended by 2001 PA 244 and section 14 as amended by 2002 PA 412; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5652, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 4 (MCL 125.2004), as amended by 2014 PA 507.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 496 Yeas—96
Afendoulis Garcia LaFontaine Potvin
Banks Garrett LaGrand Price
Bizon Gay-Dagnogo Lane Pscholka
Brinks Geiss Lauwers Rendon
Brunner Glardon LaVoy Roberts, B.
Bumstead Graves Leonard Roberts, S.
Byrd Greig Leutheuser Rutledge
Callton Greimel Liberati Santana
Canfield Guerra Love Schor
Chang Heise Lucido Sheppard
Chirkun Hoadley Lyons Singh
Clemente Hooker Maturen Smiley
Cochran Hovey-Wright McBroom Talabi
Cole Howell McCready Tedder
Cotter Hughes Miller, A. Townsend
Cox Iden Moss Vaupel
Crawford Inman Muxlow VerHeulen
Darany Irwin Neeley Victory
Dianda Jacobsen Nesbitt Webber
Driskell Jenkins Outman Whiteford
Durhal Johnson Pagan Wittenberg
Faris Kesto Pagel Yanez
Farrington Kivela Phelps Yonker
Forlini Kosowski Poleski Zemke
Nays—11
Barrett Glenn Kelly Somerville
Chatfield Goike Robinson Theis
Franz Howrylak Runestad
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. 5288, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 947a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 497 Yeas—106
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 Runestad
Bumstead Goike Leonard Rutledge
Byrd Graves Leutheuser Santana
Callton Greig Liberati Schor
Canfield Greimel Love Sheppard
Chang Guerra Lucido Singh
Chatfield Heise Lyons Smiley
Chirkun Hoadley Maturen Somerville
Clemente Hooker McBroom Talabi
Cochran Hovey-Wright McCready Tedder
Cole Howell Miller, A. Theis
Cotter Howrylak Moss Townsend
Cox Hughes Muxlow Vaupel
Crawford Iden Neeley VerHeulen
Darany Inman Nesbitt Victory
Dianda Irwin Outman Webber
Driskell Jacobsen Pagan Whiteford
Durhal Jenkins Pagel Wittenberg
Faris Johnson Phelps Yanez
Farrington Kelly Poleski Yonker
Forlini Kesto Potvin Zemke
Franz Kivela
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. 5289, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 947.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 498 Yeas—106
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 Runestad
Bumstead Goike Leonard Rutledge
Byrd Graves Leutheuser Santana
Callton Greig Liberati Schor
Canfield Greimel Love Sheppard
Chang Guerra Lucido Singh
Chatfield Heise Lyons Smiley
Chirkun Hoadley Maturen Somerville
Clemente Hooker McBroom Talabi
Cochran Hovey-Wright McCready Tedder
Cole Howell Miller, A. Theis
Cotter Howrylak Moss Townsend
Cox Hughes Muxlow Vaupel
Crawford Iden Neeley VerHeulen
Darany Inman Nesbitt Victory
Dianda Irwin Outman Webber
Driskell Jacobsen Pagan Whiteford
Durhal Jenkins Pagel Wittenberg
Faris Johnson Phelps Yanez
Farrington Kelly Poleski Yonker
Forlini Kesto Potvin Zemke
Franz Kivela
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.
Senate Bill No. 903, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 61703 and 61706 (MCL 324.61703 and 324.61706), as added by 1995 PA 57.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 499 Yeas—86
Afendoulis Franz Kivela Price
Banks Garcia Kosowski Pscholka
Barrett Gay-Dagnogo LaFontaine Rendon
Brunner Glardon Lauwers Roberts, B.
Bumstead Glenn LaVoy Runestad
Byrd Goike Leonard Rutledge
Callton Graves Leutheuser Santana
Canfield Greig Liberati Sheppard
Chatfield Greimel Love Smiley
Chirkun Guerra Lyons Somerville
Clemente Heise Maturen Talabi
Cochran Hooker McBroom Tedder
Cole Hovey-Wright McCready Theis
Cotter Howrylak Miller, A. Townsend
Cox Hughes Muxlow Vaupel
Crawford Iden Nesbitt VerHeulen
Darany Inman Outman Victory
Dianda Jacobsen Pagel Webber
Driskell Jenkins Phelps Whiteford
Durhal Johnson Poleski Yanez
Farrington Kelly Potvin Yonker
Forlini Kesto
Nays—21
Bizon Hoadley Lucido Robinson
Brinks Howell Moss Schor
Chang Irwin Neeley Singh
Faris LaGrand Pagan Wittenberg
Garrett Lane Roberts, S. Zemke
Geiss
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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; 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.
Second Reading of Bills
Pending the Second Reading of
House Bill No. 4647, 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.
Rep. Nesbitt moved that the bill be re-referred to the Committee on Tax Policy.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4648, entitled
A bill to establish the Boy Scouts of 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.
Rep. Nesbitt moved that the bill be re-referred to the Committee on Tax Policy.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4892, 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.
Rep. Nesbitt moved that the bill be re-referred to the Committee on Tax Policy.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4893, entitled
A bill to establish the Lions of Michigan Foundation 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.
Rep. Nesbitt moved that the bill be re-referred to the Committee on Tax Policy.
The motion prevailed.
Pending the Second Reading of
Senate Bill No. 543, 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.
Rep. Nesbitt moved that the bill be re-referred to the Committee on Tax Policy.
The motion prevailed.
Pending the Second Reading of
Senate Bill No. 544, entitled
A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 9 (MCL 722.1029), as amended by 2014 PA 530.
Rep. Nesbitt moved that the bill be re-referred to the Committee on Tax Policy.
The motion prevailed.
Pending the Second Reading of
House Bill No. 4791, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1319.
Rep. Nesbitt moved that the bill be re-referred to the Committee on Education.
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
Motions and Resolutions
Rep. Nesbitt moved that when the House adjourns today it stand adjourned until Wednesday, October 19, at 1:30 p.m.
The motion prevailed.
Rep. Nesbitt moved that when the House adjourns Wednesday, October 19 it stand adjourned until Wednesday, November 9, at 1:30 p.m.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, September 21, for his approval of the following bills:
Enrolled House Bill No. 4022 at 3:24 p.m.
Enrolled House Bill No. 4209 at 3:26 p.m.
Enrolled House Bill No. 4210 at 3:28 p.m.
Enrolled House Bill No. 4827 at 3:30 p.m.
Enrolled House Bill No. 5429 at 3:32 p.m.
Enrolled House Bill No. 5503 at 3:34 p.m.
The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, September 21:
House Bill Nos. 5904 5905 5906 5907 5908 5909 5910 5911 5912 5913 5914 5915 5916 5917 5918 5919 5920 5921 5922 5923 5924 5925
Reports of Standing Committees
The Committee on Education, by Rep. Price, Chair, reported
House Bill No. 5409, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307.
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. Price, Callton, Hooker, Lyons, McBroom, Somerville, Yonker, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: Reps. Garcia, Kelly and Chatfield
The Committee on Education, by Rep. Price, Chair, reported
House Bill No. 5410, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307a.
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. Price, Callton, Hooker, Lyons, McBroom, Somerville, Yonker, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: Reps. Garcia, Kelly and Chatfield
The Committee on Education, by Rep. Price, Chair, reported
House Bill No. 5411, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307b.
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. Price, Callton, Hooker, Lyons, McBroom, Somerville, Yonker, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: Reps. Garcia, Kelly and Chatfield
The Committee on Education, by Rep. Price, Chair, reported
House Bill No. 5412, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307c.
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. Price, Callton, Lyons, McBroom, Somerville, Yonker, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: Reps. Garcia, Hooker, Kelly and Chatfield
The Committee on Education, by Rep. Price, Chair, reported
House Bill No. 5413, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307d.
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. Price, Callton, Lyons, McBroom, Somerville, Yonker, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: Reps. Garcia, Hooker, Kelly and Chatfield
The Committee on Education, by Rep. Price, Chair, reported
House Bill No. 5414, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307e.
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. Price, Callton, Lyons, McBroom, Somerville, Yonker, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: Reps. Garcia, Hooker, Kelly and Chatfield
The Committee on Education, by Rep. Price, Chair, reported
House Bill No. 5415, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307f.
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. Price, Callton, Lyons, McBroom, Somerville, Yonker, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: Reps. Garcia, Kelly and Chatfield
The Committee on Education, by Rep. Price, Chair, reported
House Bill No. 5416, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307g.
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. Price, Callton, Lyons, McBroom, Somerville, Yonker, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: Reps. Garcia, Hooker, Kelly and Chatfield
The Committee on Education, by Rep. Price, Chair, reported
House Bill No. 5417, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307h.
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. Price, Callton, Lyons, McBroom, Yonker, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: Reps. Garcia, Hooker, Kelly and Chatfield
The Committee on Education, by Rep. Price, Chair, reported
House Bill No. 5418, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307i.
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. Price, Callton, Lyons, McBroom, Somerville, Yonker, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: Reps. Garcia, Hooker, Kelly and Chatfield
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Price, Chair, of the Committee on Education, was received and read:
Meeting held on: Thursday, September 22, 2016
Present: Reps. Price, Garcia, Callton, Hooker, Lyons, McBroom, Somerville, Yonker, Kelly, Chatfield, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
The Committee on Military and Veterans Affairs, by Rep. Barrett, Chair, reported
House Bill No. 5876, 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,” by amending sections 2a and 8 (MCL 36.2a and 36.8), section 2a as amended by 2016 PA 213 and section 8 as amended by 2011 PA 283, and by adding section 1a.
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. Barrett, Hughes, Hooker, Outman, Glenn, Whiteford, Rutledge and LaGrand
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Barrett, Chair, of the Committee on Military and Veterans Affairs, was received and read:
Meeting held on: Thursday, September 22, 2016
Present: Reps. Barrett, Hughes, Hooker, Outman, Glenn, Whiteford, Rutledge and LaGrand
Absent: Rep. Talabi
Excused: Rep. Talabi
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. McBroom, Chair, of the Committee on Oversight and Ethics, was received and read:
Meeting held on: Thursday, September 22, 2016
Present: Reps. McBroom, Howrylak, Graves, Theis, Robinson and Pagan
Messages from the Senate
Senate Concurrent Resolution No. 31.
A concurrent resolution to urge the United States Congress as well as the state of Michigan to increase funding for Diffuse Intrinsic Pontine Glioma research.
Whereas, Diffuse Intrinsic Pontine Glioma (DIPG) is a fatal brain cancer affecting 200 to 400 school-aged children in the United States each year. The most resistant to chemotherapy of all cancers, DIPG tumors grow into parts of the brain stem that control the functions necessary for life. Tragically, it is highly aggressive and inoperable; and
Whereas, Although cancer is the number one killer of children in the United States, funding focused on pediatric cancer comprises only a small percentage of federal investment in cancer research. Funding has continued to decline primarily due to statistics that indicate an 80% cure rate. The data, however, is misleading and does not consider cancers like DIPG that have not experienced advances in cure rates; and
Whereas, Current research into a cure for DIPG needs additional funding to advance the efforts already undertaken. The National Institute of Neurological Disorders and Stroke (NINDS), a part of the National Institutes of Health (NIH), is supporting the study of drugs that may be used to treat DIPG. Their efforts provide a glimmer of hope in the search for new treatments for this disease that is stealing young lives; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we urge the Congress of the United States as well as the state of Michigan to increase funding for Diffuse Intrinsic Pontine Glioma research; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The Senate has adopted the concurrent resolution.
Reps. Cochran, Driskell, Hoadley, Hovey-Wright, Hughes, LaVoy, Sarah Roberts, Singh and Wittenberg were named co‑sponsors of the concurrent resolution.
The concurrent resolution was referred to the Committee on Health Policy.
Notices
Pursuant to Rule 41, the Speaker has made the following referrals:
House Bill No. 5912 referred to the Committee on Tax Policy.
Senate Bill No. 1021 referred to the Committee on Judiciary.
Messages from the Governor
Date: September 21, 2016
Time: 4:07 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4209 (Public Act No. 281, I.E.), being
An act to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities; to provide for the powers and duties of certain state and local governmental officers and entities; to create a medical marihuana licensing board; to provide for interaction with the statewide monitoring system for commercial marihuana transactions; to create an advisory panel; to provide immunity from prosecution for marihuana-related offenses for persons engaging in marihuana-related activities in compliance with this act; to prescribe civil fines and sanctions and provide remedies; to provide for forfeiture of contraband; to provide for taxes, fees, and assessments; and to require the promulgation of rules
(Filed with the Secretary of State September 21, 2016, at 4:45 p.m.)
Date: September 21, 2016
Time: 4:09 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4827 (Public Act No. 282, I.E.), being
An act to establish a statewide monitoring system to track marihuana and marihuana products in commercial trade; to monitor compliance with laws authorizing commercial traffic in medical marihuana; to identify threats to health from particular batches of marihuana or medical marihuana; to require persons engaged in commercial marihuana trade to submit certain information for entry into the system; to provide the powers and duties of certain state departments and agencies; to provide for remedies; and to provide for the promulgation of rules.
(Filed with the Secretary of State September 21, 2016, at 4:47 p.m.)
Date: September 21, 2016
Time: 4:11 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4210 (Public Act No. 283, I.E.), being
An act to amend 2008 IL 1, entitled “An initiation of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act,” by amending sections 3, 4, 6, and 7 (MCL 333.26423, 333.26424, 333.26426, and 333.26427), sections 3 and 4 as amended by 2012 PA 512 and section 6 as amended by 2012 PA 514, and by adding sections 4a and 4b.
(Filed with the Secretary of State September 21, 2016, at 4:49 p.m.)
The following message from the Governor was received September 22, 2016 and read:
EXECUTIVE ORDER
No. 2016 - 19
CREATION OF THE
OFFICE OF CHIEF MEDICAL EXECUTIVE
CREATION OF THE
PUBLIC HEALTH ADVISORY COMMISSION
EXECUTIVE OFFICE OF THE GOVERNOR
DEPARTMENT OF HEALTH AND HUMAN SERVICES
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 4 of Article V of the Michigan Constitution of 1963 authorizes establishment of temporary commissions or agencies for special purposes; and
WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and
WHEREAS, protecting and promoting the public health is an essential function of government; and
WHEREAS, the creation of an Office of the Chief Medical Executive in the Department of Health and Human Services will help to protect and promote public health in Michigan by advising the Governor and the Department on public health issues, assessing the state of public health in Michigan, and communicating health information to the public; and
WHEREAS, the establishment of a Public Health Advisory Commission will help to protect and promote public health in Michigan by providing advice and assistance on best practices for the organization of functions and the delivery of public health services by state and local governments;
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. DEFINITIONS
As used in this Order:
A. “Commission” means the Public Health Advisory Commission created under Section III of this Order.
B. “Department” means the Department of Health and Human Services.
C. “Director” means the Director of the Department of Health and Human Services.
D. “Office” means the Office of Chief Medical Executive created under Section II of this Order.
II. CREATION OF THE OFFICE OF CHIEF MEDICAL EXECUTIVE
A. The Office of Chief Medical Executive is created within the Department of Health and Human Services.
B. The head of the Office shall be the new Chief Medical Executive. The new Chief Medical Executive shall be a physician appointed by the Governor who shall serve at the pleasure of the Governor. The new Chief Medical Executive shall carry out the functions vested in the Office by this Order, as otherwise provided by law, and as directed by the Director and the Governor. The new Chief Medical Executive shall serve as a member of the Governor’s Cabinet.
C. The new Chief Medical Executive shall be a full-time employee of the Department who shall be exempt from and not within the classified state civil service.
D. The new Chief Medical Executive shall carry out any and all authority, powers, duties, functions, and responsibilities of the Chief Medical Executive under Subsection 2202(2) of the Public Health Code, 1978 PA 368, as amended, MCL 333.2202. The position of Chief Medical Executive established by Subsection 2202(2) of the Public Health Code, 1978 PA 368, as amended, MCL 333.2202, is abolished.
E. The Office shall disseminate public health information, including, but not limited to, advocating disease prevention and promoting the Department’s public health initiatives.
F. The Office shall, where appropriate, collaborate with public and private public health stakeholders in Michigan, including, but not limited to, institutions of higher learning, hospitals, and professional organizations.
G. The Office shall establish performance measures and other objective criteria to inform the public about the state of public health in Michigan and the Department’s public health initiatives. The Office shall publish those measures and other information the Director considers appropriate on the Department’s website.
H. The Office shall issue an annual report to the Governor, the legislature, and the public addressing the state of public health in Michigan and outlining the accomplishments and strategic goals of the Department relating to public health.
I. The Office shall otherwise assist in the development and implementation of the Department’s public health mission and values to protect, promote, and preserve the health of Michigan residents.
J. The Department shall ensure that the Office has adequate funding and staffing to accomplish the responsibilities set forth in this Order.
III. CREATION OF THE PUBLIC HEALTH ADVISORY COMMISSION
A. The Public Health Advisory Commission is created as a temporary commission pursuant to Article V, Section 4 of the Michigan Constitution of 1963 and shall serve as an advisory body within the Executive Office of the Governor.
B. The Commission 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 twenty-four (24) members appointed as follows:
1. The new Chief Medical Executive shall be a voting member and shall serve as the chairperson of the Commission.
2. The Governor shall appoint eighteen (18) voting members to the Commission serving at the pleasure of the Governor.
3. The following five (5) department heads or their designees from within their respective departments who shall serve as non-voting, ex officio members:
• The Department of Agriculture and Rural Development
• The Department of Environmental Quality
• The Department of Health and Human Services
• The Department of Licensing and Regulatory Affairs
• The Department of State Police, or a designee from the Division of Emergency Management and Homeland Security, within the Department of State Police.
C. A vacancy on the Commission shall be filled in the same manner as the original appointment.
D. The eighteen voting members of the Commission appointed by the Governor shall include at least one member residing in each of Michigan’s Regional Prosperity Initiative zones.
E. The eighteen voting members of the Commission appointed by the Governor shall include at least one member representing each of the following categories:
• A physician
• A registered nurse
• A licensed pharmacist
• A veterinarian
• A representative of a nationally-accredited medical school
• A representative of a school of public health from an institution of higher education in the state
• A local public health official
• A person with experience in hospital administration
• A local director of public works
• An epidemiologist
• A toxicologist
• A food safety expert
• An expert in environmental health; and
• A representative of a non-profit health or environmental organization.
IV. CHARGE TO THE COMMISSION
The Commission shall act in an advisory capacity to the Governor and the state of Michigan, and shall do all of the following:
1. Provide advice about emerging issues in public health, or other public health advice, as requested by the Governor or the Director.
2. Complete an assessment of the current public health service delivery system in Michigan, at both the state and local level, including a review of (i) the organization of public health functions within and across the executive departments of this state, (ii) the division of responsibilities between state and local public health authorities, and (iii) the regulatory framework established by the Public Health Code, 1978 PA 368, as amended, MCL 333.1101 et seq.
3. Research and benchmark other states to identify best practices in public health governance.
4. Recommend changes to (i) the organization of public health functions within and across the executive departments of this state, (ii) the division of responsibilities between state and local public health authorities, and (iii) the regulatory framework established by the Public Health Code, 1978 PA 368, as amended, MCL 333.1101 et seq., as necessary to best protect and promote public health in Michigan.
5. Prioritize the Commission’s recommendations for implementation.
6. Provide other information or advice as directed by the Governor.
7. No later than April 1, 2017, the Commission shall complete its work and issue a final report to the Governor for his consideration. A copy of the final report shall be transmitted to the Legislature.
8. Ninety (90) days after issuance and transference of its final report, the Commission shall be deemed to have met the charges placed upon it by this Order and shall cease operations.
V. OPERATIONS OF THE COMMISSION
A. The Commission shall be staffed by personnel from and assisted by state departments and agencies as directed by the Office of the Governor.
B. The Commission may select from among its members a Vice Chairperson.
C. The Commission shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Commission. Meetings of the Commission may be held anywhere within the state of Michigan.
D. The Commission may establish workgroups or committees assigning Commission members to and inviting public participation on these workgroups or committees as the Commission deems necessary.
E. The Commission may adopt, reject, or modify recommendations made by the workgroups or committees.
F. A majority of the voting members of the Commission serving constitutes a quorum for the transaction of the Commission’s business, notwithstanding the existence of one or more vacancies. The Commission shall act by majority vote of its present and voting members.
G. The Commission shall adopt procedures consistent with Michigan law and this Order governing its organization and operations.
H. The Commission may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. Subject to the Governor’s approval, the Commission may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, government agencies, institutions of higher education, and the nonprofit sector.
I. Members of the Commission shall serve without compensation. Subject to the Governor’s approval and available funding, members of the Commission 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. Subject to the Governor’s approval, the Commission may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts as necessary or incidental to the exercise of the powers of the Commission 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 Commission 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. A member of the Commission shall not use for personal gain information obtained by the member while performing business of the Commission, nor shall a member of the Commission disclose confidential information obtained by the member while conducting Commission business, except as necessary to perform Commission business.
M. Members of the Commission, staff, or contractors shall refer all legal, legislative, and media contact relating to Commission actions or activities to the Office of the Governor.
VI. MISCELLANEOUS
A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Commission, or to any member or representative of the Commission, any necessary assistance required by the Commission, or any member or representative of the Commission, in the performance of the duties of the Commission so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Commission.
B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by any reason or by 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 the Order.
This Executive Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 21st day of September, 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.
Explanation of “No” Votes
Rep. McBroom, having reserved the right to explain his nay vote pertaining to House Bill No. 4822, made the following statement:
“Mr. Speaker and members of the House:
I opposed conference report because I believe this bill remains fundamentally flawed the same way the versions originally introduced and passed by the house and senate were: a one-size-fits-all approach to a problem that is too complex for such over-simplified, ineffective, and ultimately doomed-to-fail, state government solutions. I have repeatedly stated my support for doing something about the literacy crisis in this state. We must respond aggressively to any school that immorally graduates illiterate students. Whether that action uses mandatory retention or not is immaterial to me as I believe retention is one of many useful tools when applied to the right student and circumstance. The fundamental flaw is that all of the processes created in this bill are placed on schools that do not have the primary literacy problem I referred to above- children who can not read upon graduation- or on schools with the secondary, but more often mentioned expression of the literacy crisis, children who are not at a third grade reading level upon entry to the fourth grade.
I would have been satisfied to see an aggressive, rigorous process put in place to see whether these state mandates should be implemented in an individual school. This could have been based on performance results at several different years of school along with clear standards for a mandatory, locally facilitated and run intervention program. These ideas are common sense with local control, local empowerment and incentivizing. I remain disappointed at the continued drive to place new mandates on schools across this state who we were told repeatedly by the bill’s acolytes would only have one or two students even effected! I can assure you that schools like mine are not sitting on their hands letting even that one student slip through the cracks but are working hard to intervene in that student’s development. These new reporting requirements alone are a new, unnecessary burden on good schools. Until this bill has this fundamental flaw rooted out I will continue to oppose any passage of the legislation. Thank you Mr. Speaker.”
Introduction of Bills
Rep. Price introduced
House Bill No. 5926, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 243.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Brinks, Love, Wittenberg, Gay-Dagnogo, Durhal, Darany, Hovey-Wright, Cochran, Yanez, Greig, Moss, Liberati, Pagan, Rutledge, Chang, Price, Phelps, Chirkun, Smiley, Singh, Yonker and Faris introduced
House Bill No. 5927, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 2014 PA 515.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Graves introduced
House Bill No. 5928, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2016 PA 7.
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Rep. Kosowski introduced
House Bill No. 5929, entitled
A bill to amend 1978 PA 389, entitled “An act to provide for the prevention and treatment of domestic violence; to develop and establish policies, procedures, and standards for providing domestic violence assistance programs and services; to create a domestic violence prevention and treatment board and prescribe its powers and duties; to establish a domestic violence prevention and treatment fund and provide for its use; to prescribe powers and duties of the family independence agency; to prescribe immunities and liabilities of certain persons and officials; and to prescribe penalties for violations of this act,” by amending sections 1 and 7 (MCL 400.1501 and 400.1507), section 1 as amended by 2000 PA 84.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. Schor, Pscholka, Lucido, Lane, Chirkun, Sheppard and Howell introduced
House Bill No. 5930, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 479 (MCL 750.479), as amended by 2002 PA 270.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. Singh, Schor, Pscholka, Lane, Lucido, Chirkun, Sheppard and Howell introduced
House Bill No. 5931, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 323.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Rep. Cox introduced
House Bill No. 5932, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1a of chapter IX (MCL 769.1a), as amended by 2009 PA 27.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Webber introduced
House Bill No. 5933, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 29, 30, and 31 of chapter XIIA (MCL 712A.29, 712A.30, and 712A.31), section 29 as amended by 2003 PA 74 and sections 30 and 31 as amended by 1996 PA 561.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Iden and Kesto introduced
House Bill No. 5934, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 411x.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. Kesto and Iden introduced
House Bill No. 5935, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2013 PA 216.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Reps. Driskell, Townsend, Love, Hovey-Wright, Chang, LaVoy, Liberati, Lucido, Hoadley, Lane, LaGrand, Chirkun, Darany and Pagan introduced
House Bill No. 5936, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 675.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Driskell, Townsend, Love, Hovey-Wright, Chang, LaVoy, Liberati, Hoadley, Lane, LaGrand, Chirkun, Darany, Pagan and Brinks introduced
House Bill No. 5937, entitled
A bill to create certain offices in the executive branch; and to impose certain duties and responsibilities on certain offices and officers and on certain state employees and public employees.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Muxlow, Pagel, Hooker, Hughes and Callton introduced
House Bill No. 5938, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. LaVoy, Chatfield, Robinson, Yanez, Greig and Wittenberg introduced
House Bill No. 5939, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2016 PA 148.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Chang, Santana, Pagel, Guerra, Geiss, Hoadley, LaGrand, Moss, Wittenberg, Yanez, Robinson, Greig, Pagan, Love, Irwin, Hovey-Wright and Gay-Dagnogo introduced
House Bill No. 5940, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 51a and 307 (MCL 257.51a and 257.307), section 51a as amended by 2008 PA 7 and section 307 as amended by 2015 PA 11, and by adding section 307c.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Santana, Chang, Pagel, Guerra, Geiss, Hoadley, LaGrand, Moss, Wittenberg, Yanez, Robinson, Greig, Pagan, Love, Irwin, Hovey-Wright and Gay-Dagnogo introduced
House Bill No. 5941, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 1 (MCL 28.291), as amended by 2012 PA 25, and by adding section 1b.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Chang, Schor, Hoadley, Liberati, Pagan, Neeley, Garrett, Smiley, Talabi, Love, Brunner, Guerra, Brinks, Wittenberg, Zemke, Greig and Gay-Dagnogo introduced
House Bill No. 5942, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1706.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. McBroom, Aaron Miller, Canfield, Cole, Johnson, Webber and Goike introduced
House Bill No. 5943, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 192, 193, 197, 200, 223, 223a, 224, 228, 231, 253, 254, 258, 261, 345, 349, 355, 370, 370a, 697, and 699 (MCL 168.192, 168.193, 168.197, 168.200, 168.223, 168.223a, 168.224, 168.228, 168.231, 168.253, 168.254, 168.258, 168.261, 168.345, 168.349, 168.355, 168.370, 168.370a, 168.697, and 168.699), sections 193, 224, 254, and 349 as amended by 2012 PA 276, section 200 as amended by 1998 PA 364, section 355 as amended by 2013 PA 51, sections 370 and 370a as amended by 2014 PA 94, and section 699 as amended by 2012 PA 523, and by adding sections 192a, 193a, 197a, 200a, 223b, 224a, 228a, 231a, 253a, 254a, 258a, 261a, 345a, 349b, 356a, and 357a.
The bill was read a first time by its title and referred to the Committee on Elections.
Reps. McBroom, Aaron Miller, Canfield, Cole, Johnson, Webber and Goike introduced
House Bill No. 5944, entitled
A bill to amend 1966 PA 293, entitled “An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies,” by amending section 14 (MCL 45.514), as amended by 2005 PA 208.
The bill was read a first time by its title and referred to the Committee on Elections.
Reps. McBroom, Aaron Miller, Canfield, Cole, Johnson, Webber and Goike introduced
House Bill No. 5945, entitled
A bill to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 11 (MCL 46.411), as amended by 2002 PA 158, and by adding section 11c.
The bill was read a first time by its title and referred to the Committee on Elections.
Reps. Nesbitt, Hughes, Lucido and Iden introduced
House Bill No. 5946, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9p.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Muxlow, Pagel and Hooker introduced
House Joint Resolution SS, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article IX, to revise the permissible uses of the state school aid fund.
The joint resolution was read a first time by its title and referred to the Committee on Appropriations.
Announcements by the Clerk
September 21, 2016
Received from the Auditor General a copy of the:
• Performance audit report on Corporate Income Tax and Michigan Business Tax, September 2016.
Gary L. Randall
Clerk of the House
______
Rep. Kelly moved that the House adjourn.
The motion prevailed, the time being 2:35p.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Wednesday, October 19, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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