No. 14

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Thursday, February 12, 2015.

12:00 Noon.

The House was called to order by the Speaker Pro Tempore.

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

Afendoulis—present Franz—present Kosowski—present Potvin—present

Banks—present Gamrat—present LaFontaine—present Price—present

Barrett—present Garcia—present Lane—present Pscholka—present

Bizon—present Garrett—present Lauwers—present Rendon—present

Brinks—present Gay-Dagnogo—present LaVoy—present Roberts, B.—present

Brunner—present Geiss—present Leonard—present Roberts, S.—present

Bumstead—present Glardon—present Leutheuser—present Robinson—present

Byrd—present Glenn—present Liberati—excused Runestad—present

Callton—present Goike—present Love—present Rutledge—present

Canfield—present Graves—present Lucido—present Santana—present

Chang—present Greig—present Lyons—present Schor—present

Chatfield—present Greimel—present Maturen—present Sheppard—present

Chirkun—present Guerra—present McBroom—present Singh—present

Clemente—present Heise—present McCready—present Smiley—present

Cochran—present Hoadley—present Miller, A.—present Somerville—present

Cole—present Hooker—present Miller, D.—present Talabi—present

Cotter—present Hovey-Wright—present Moss—present Tedder—present

Courser—present Howrylak—present Muxlow—present Theis—present

Cox—present Hughes—present Neeley—present Townsend—present

Crawford—present Iden—present Nesbitt—present Vaupel—present

Darany—present Inman—present Outman—present VerHeulen—present

Dianda—present Irwin—present Pagan—present Victory—present

Dillon—present Jacobsen—present Pagel—present Webber—present

Driskell—excused Jenkins—present Pettalia—present Wittenberg—present

Durhal—present Johnson—present Phelps—present Yanez—present

Faris—present Kelly—present Plawecki—present Yonker—present

Farrington—present Kesto—present Poleski—present Zemke—present

Forlini—excused Kivela—present

e/d/s = entered during session

Rev. Matthew Heise, Executive Director of Lutheran Heritage Foundation in Macomb, offered the following invocation:

“Gracious Heavenly Father,

Your steadfast love never ceases, and Your mercies never come to an end. Your mercies are new every morning. As we begin this day, we boldly come to You requesting wisdom in all of our deliberations this afternoon. May You lead and guide us to make decisions that are pleasing in Your sight and in accord with Your will. Increase in all of us true knowledge of Your will, so that peace and justice may reign in this state and our land. We thank You for these servants of the people of Michigan, who strive to improve the lives of Michiganders. Bless all who serve in this House, clerks, legislators, and other personnel. Bless their families and loved ones. Guide and keep them in Your grace. In the name of the Father, Son and Holy Spirit. Amen.”

______

Rep. Singh moved that Reps. Liberati and Driskell be excused from today’s session.

The motion prevailed.

Rep. Nesbitt moved that Rep. Forlini be excused from today’s session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4068, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 659 (MCL 168.659), as amended by 2014 PA 94.

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

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

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

The motion prevailed.

Introduction of Bills

Reps. LaFontaine, Crawford, McBroom, Cole, Runestad, Webber, Aaron Miller, Glenn, Jenkins, Cox, Poleski, Franz, Rendon, Price, Goike, Lauwers, Glardon, Jacobsen and Potvin introduced

House Bill No. 4188, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding sections 14e and 14f.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. Santana, Crawford, McBroom, Cole, Runestad, Webber, Aaron Miller, Glenn, Jenkins, Cox, Poleski, Franz, Rendon, Price, Goike, Lauwers, Glardon, Jacobsen and Potvin introduced

House Bill No. 4189, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712B.41) by adding section 23g to chapter X.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. Leutheuser, Crawford, McBroom, Cole, Runestad, Webber, Aaron Miller, Glenn, Jenkins, Cox, Poleski, Franz, Rendon, Price, Goike, Lauwers, Glardon, Jacobsen and Potvin introduced

House Bill No. 4190, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 5a.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. Zemke, Sheppard, Driskell, Plawecki, Wittenberg and Jenkins introduced

House Bill No. 4191, entitled

A bill to amend 1989 PA 24, entitled “The district library establishment act,” by amending section 2 (MCL 397.172), as amended by 2005 PA 60.

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

Rep. Geiss introduced

House Bill No. 4192, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” by amending section 6 (MCL 8.6).

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

Reps. Nesbitt, Sheppard, Maturen, Iden, Gay-Dagnogo, Kelly, LaVoy, Zemke and Tedder introduced

House Bill No. 4193, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 227 and 328 (MCL 257.227 and 257.328), section 227 as amended by 2011 PA 92 and section 328 as amended by 2004 PA 52.

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

Reps. Courser and Gamrat introduced

House Bill No. 4194, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 15.

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

Reps. Pscholka, Kelly, Price, McCready, Poleski, Webber, Heise, Graves, Canfield, Hooker, Forlini, Hughes, Pagel, Bizon, Goike, Brett Roberts, Iden, Outman, Jacobsen, Cole, Johnson, Chatfield, Victory, Garcia, Theis, Bumstead, Sheppard, Singh, Rendon, Cox, Leutheuser, Lauwers, Runestad, McBroom, Kivela, Dillon, Dianda, Zemke, Clemente, Hoadley, Aaron Miller, Pagan, Howrylak, Somerville, Maturen, Vaupel, Schor and Moss introduced

House Bill No. 4195, entitled

A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending sections 15, 17, and 19 (MCL 125.2245, 125.2247, and 125.2249), section 15 as amended by 2005 PA 102 and sections 17 and 19 as amended by 2007 PA 173.

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

Reps. McCready, Kelly, Canfield, Potvin, Bumstead, Chatfield, Santana, Iden, Pscholka, Poleski, Webber, Heise, Cole, Aaron Miller and Singh introduced

House Bill No. 4196, entitled

A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending section 31 (MCL 125.2261).

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

Reps. Moss, Schor, Crawford, Derek Miller, Geiss, LaVoy, Singh, Greig, Zemke, Wittenberg, Webber, Driskell, Brunner, Sheppard and Kosowski introduced

House Bill No. 4197, entitled

A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by repealing section 16 (MCL 207.856).

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

Rep. Lucido introduced

House Bill No. 4198, entitled

A bill to amend 1984 PA 274, entitled “Michigan antitrust reform act,” by amending section 4a (MCL 445.774a), as added by 1987 PA 243.

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, February 12:

House Bill Nos. 4179 4180 4181 4182 4183 4184 4185 4186 4187

Senate Bill Nos. 98 99 100 101 102

The Clerk announced that the following Senate bills had been received on Thursday, February 12:

Senate Bill Nos. 44 45

______

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

Messages from the Senate

Senate Bill No. 44, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 613a (MCL 168.613a), as amended by 2011 PA 163.

The Senate has passed the bill.

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

Senate Bill No. 45, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2005 PA 71.

The Senate has passed the bill.

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

Notices

February 11, 2015

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

Pursuant to MCL 4.1401, I am appointing the following members of the House to the Michigan Law Revision Commission for terms of January 1, 2015 to December 31, 2016:

Representative Peter Lucido

Representative Rose Mary Robinson

Sincerely,

Kevin Cotter

Speaker of the House

99th District

February 11, 2015

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

Pursuant to MCL 4.1301, I am appointing the following members of the House to the Michigan Commission on Uniform State Laws for terms of January 1, 2015 to December 31, 2016:

Representative Klint Kesto

Representative Derek Miller

Sincerely,

Kevin Cotter

Speaker of the House

99th District

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Financial Liability Reform, by Rep. Somerville, Chair, reported

House Bill No. 4059, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2012 PA 464.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Somerville, Leutheuser, Farrington, LaFontaine, Lyons, Poleski, Wittenberg, Faris and Chirkun

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Somerville, Chair, of the Committee on Financial Liability Reform, was received and read:

Meeting held on: Wednesday, February 11, 2015

Present: Reps. Somerville, Leutheuser, Farrington, LaFontaine, Lyons, Poleski, Wittenberg, Faris and Chirkun

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

House Bill No. 4110, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2014 PA 196 and section 17b as amended by 2007 PA 137.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Canfield, Cox, Gamrat, Inman, Aaron Miller and Santana

Nays: Reps. Bizon, Dillon, Irwin, Sarah Roberts, Banks, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan

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

House Bill No. 4112, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Gamrat, Inman, Aaron Miller and Santana

Nays: Reps. Dillon, Irwin, Sarah Roberts, Banks, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan

COMMITTEE ATTENDANCE REPORT

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