No. 16

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Wednesday, February 18, 2015.

1:30 p.m.

The House was called to order by the Speaker.

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

Afendoulis—present 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—present 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—present 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—present Kivela—present

e/d/s = entered during session

Pastor Dave Graef, Pastor of Heritage Baptist Church in Kentwood, offered the following invocation:

“Our Gracious God and heavenly Father, we come to You today thankful for the many blessings You have provided for us. We thank You for the very gift of life - the opportunity to live and breathe and enjoy this earth. May we never lose the wonder and amazement of this great gift, LORD, and may we never forget that You are the author of life. LORD, we thank You for our state legislature; for placing these men and women in their positions of service. They are a gift to us from You. As they begin session today, I pray that You help them to serve You by serving the needs of the people of this great State. We face difficult times, LORD. There are complicated problems that need to be addressed, and we need our leaders to be full of wisdom and discernment. I thank You, LORD, for not leaving them alone with such a great task, because You have promised in Your Word to give wisdom generously when asked. So I pray today that You grant them that wisdom, guided by their God-given *conscience*, by their godly moral *convictions*, and by *counsel* of Your Word, the Bible. Please have Your hand upon them today in every decision that they make. I pray this in the name of Your Son, Jesus Christ. Amen.”

Third Reading of Bills

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.

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

Roll Call No. 6 Yeas—62

Afendoulis Glenn Leonard Price

Bumstead Goike Leutheuser Pscholka

Callton Graves Lucido Rendon

Canfield Heise Lyons Roberts, B.

Chatfield Hooker Maturen Runestad

Cole Hughes McBroom Santana

Cotter Iden McCready Sheppard

Courser Inman Miller, A. Somerville

Cox Jacobsen Muxlow Tedder

Crawford Jenkins Nesbitt Theis

Farrington Johnson Outman Vaupel

Forlini Kelly Pagel VerHeulen

Franz Kesto Pettalia Victory

Gamrat Kivela Poleski Webber

Garcia LaFontaine Potvin Yonker

Glardon Lauwers

Nays—48

Banks Dillon Howrylak Plawecki

Barrett Driskell Irwin Roberts, S.

Bizon Durhal Kosowski Robinson

Brinks Faris Lane Rutledge

Brunner Garrett LaVoy Schor

Byrd Gay-Dagnogo Liberati Singh

Chang Geiss Love Smiley

Chirkun Greig Miller, D. Talabi

Clemente Greimel Moss Townsend

Cochran Guerra Neeley Wittenberg

Darany Hoadley Pagan Yanez

Dianda Hovey-Wright Phelps Zemke

In The Chair: Cotter

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 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 147d, 201, and 236 (MCL 388.1611, 388.1611m, 388.1618, 388.1622a, 388.1622b, 388.1651a, 388.1651c, 388.1747c, 388.1747d, 388.1801, and 388.1836), sections 11, 11m, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended and section 147d as added by 2014 PA 196, and section 18 as amended by 2014 PA 476; 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. Pagan, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Thank you Mr. Speaker.

I rise to vote against this bill, and I want to be very clear about what this supplemental bill would do.

It takes $250.3 million out of the surplus in the School Aid Fund and uses it to fill a gaping hole in the General Fund.

Where did this hole come from? Corporate tax credits that are expected to cost Michigan over $730 million this year. These sweetheart deals for corporations are largely to blame for the $454 million deficit our state now faces.

I understand the need to balance our state’s books in the face of lower-than-expected revenue, but I can not in in good conscience support a plan that takes money from our schools and uses it to fill holes created by costly, irresponsible corporate tax credits.

To me, and to many residents of my district, education is the number one issue. I studied to be a teacher, served as a legislative aid in education policy in the US Senate, and I most recently worked at Wayne State University, and I believe our students must come first.

If we kept this money in the School Aid Fund, we could increase the per pupil allowance by about $110 per student. When voters supported Proposal A in 1994, they supported creating a School Aid Fund that is intended to fund our schools, not fill holes in other areas of the budget.

Michigan residents know that that investing in our schools and in our students is the best way to move Michigan’s economy forward. My colleagues across the aisle and this administration claim to be concerned with fiscal responsibility, but it is not responsible to balance the budget on the backs of our children.

Our Michigan Constitution proclaims that the legislature shall maintain and support a system of free public education. It is our job to provide a quality education for Michigan’s children, and if we underfund our schools, we are doing a disservice to our kids and to the future of Michigan.

And so, Mr. Speaker, I rise to oppose this bill.”

Rep. Dillon, 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 against House Bills 4110 and 4112 because these bills take money from the School Aid Fund and General Fund, respectively, to make up for the $456 million deficit we’re facing. We should be reinvesting in our schools, not asking them to pay for corporate tax incentives.”

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

“Mr. Speaker and members of the House:

These bills further harm our students, communities, and schools without asking the companies that benefit from tax credits which created our budget shortfall to share in the sacrifice so many people in Michigan have already. These bills are a result of poor planning from agencies and legislators prior to this session, however, our students, schools, and communities now will suffer. We need a long-term fix to solve this problem.”

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

“Mr. Speaker and members of the House:

I voted against House Bills 4110 because this bill takes money from the School Aid Fund to make up for the $456 million deficit we’re facing. I believe these bills continue a reckless course of action that started with massive handouts to big corporations starting in 2011. This move is terrible for our kids because school funding is still down from when it was slashed four years ago to pay for a $1.7 billion corporate tax cut. We should be reinvesting in our schools, not asking them to pay for corporate tax incentives.”

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

“Mr. Speaker and members of the House:

I voted against House Bill 4110 and 4112 because these bills take money from the School Aid Fund and General Fund, respectively, to make up for the $456 million deficit we’re facing. I believe these bills continue a reckless course of action that started with massive handouts to big corporations starting in 2011. This move is terrible for our kids because school funding is still down from when it was slashed four years ago to pay for a $1.7 billion corporate tax cut. We should be reinvesting in our schools, not asking them to pay for corporate tax incentives.”

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

“Mr. Speaker and members of the House:

I voted against HB 4110 because the bill takes surplus money from the school aid fund to pay for a shortfall created by elimination of business tax revenues. Our school funding cuts from 2011 have not been replaced and this budget continues to perpetuate the problem. School aid revenue should be spent on K12 education.”

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

“Mr. Speaker and members of the House:

I voted against House Bills 4110 and 4112 because these bills undermine investing in our students and community services necessary to achieve a Michigan Comeback for all. These bills take valuable funds from the School Aid Fund and General Fund to make up for the $456 million deficit our state now faces. Our current year deficit is due to excessive corporate credits, not because our school districts were fiscally irresponsible. The budget should be balanced by the same special interests that created them. The governor knew about these credits and their potential impact on the current year’s budget. There should have been a fiscally responsible plan prepared in advance. We should be investing in our schools. We should be asking the same corporations who received tax cuts to come to the table and contribute to the budget deficit solution – there’s a fairer and better balanced answer.

Rep Christine Greig”

Rep. Derek Miller, 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 against HB 4110 because this bill takes $169 Million in surplus funding from the School Aid Fund to help fill our budget hole. I believe this bill continues a reckless course of action of massive corporate handouts. This bill is bad for our children because school funding is still down from when it was slashed four years ago to pay for a $1.7 billion corporate tax cut. We should be reinvesting in our schools not asking them to pay for corporate tax incentives.”

Rep. LaVoy, 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:

Even though there is a Constitutional mandate to balance the budget. I don’t believe it should be done by cutting the School Aid Fund.”

Rep. Chirkun, 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 against House Bills 4110 and 4112 because these bills take money from the School Aid Fund and General Fund, respectively, to make up for the $456 million deficit we’re facing. I believe these bills continue a reckless course of action that started with massive handouts to big corporations starting in 2011. Like public and private sector employees and families, corporations need to come to the table and provide their fair share to address the budget problem. This move is abysmal for our kids because school funding is still down from when it was slashed four years ago to pay for a $1.7 billion corporate tax cut. We should be reinvesting in our schools, not asking them to pay for corporate tax incentives.”

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.

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

Roll Call No. 7 Yeas—66

Afendoulis Glardon Lauwers Potvin

Bizon Glenn LaVoy Price

Bumstead Goike Leonard Pscholka

Callton Graves Leutheuser Rendon

Canfield Heise Lucido Roberts, B.

Chatfield Hooker Lyons Runestad

Cole Howrylak Maturen Santana

Cotter Hughes McBroom Sheppard

Courser Iden McCready Somerville

Cox Inman Miller, A. Tedder

Crawford Jacobsen Muxlow Theis

Driskell Jenkins Nesbitt Vaupel

Farrington Johnson Outman VerHeulen

Forlini Kelly Pagel Victory

Franz Kesto Pettalia Webber

Gamrat Kivela Poleski Yonker

Garcia LaFontaine

Nays—44

Banks Dillon Irwin Roberts, S.

Barrett Durhal Kosowski Robinson

Brinks Faris Lane Rutledge

Brunner Garrett Liberati Schor

Byrd Gay-Dagnogo Love Singh

Chang Geiss Miller, D. Smiley

Chirkun Greig Moss Talabi

Clemente Greimel Neeley Townsend

Cochran Guerra Pagan Wittenberg

Darany Hoadley Phelps Yanez

Dianda Hovey-Wright Plawecki Zemke

In The Chair: Cotter

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

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

“Mr. Speaker and members of the House:

These bills further harm our students, communities, and schools without asking the companies that benefit from tax credits which created our budget shortfall to share in the sacrifice so many people in Michigan have already. These bills are a result of poor planning from agencies and legislators prior to this session, however, our students, schools, and communities now will suffer. We need a long-term fix to solve this problem.”

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

“Mr. Speaker and members of the House:

I voted against House Bill 4112 because this bill takes money from the General Fund to make up for the $456 million deficit we’re facing. I believe these bills continue a reckless course of action that started with massive handouts to big corporations starting in 2011. This move is terrible for our kids because school funding is still down from when it was slashed four years ago to pay for a $1.7 billion corporate tax cut. We should be reinvesting in our schools, not asking them to pay for corporate tax incentives.”

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

“Mr. Speaker and members of the House:

I voted against House Bill 4110 and 4112 because these bills take money from the School Aid Fund and General Fund, respectively, to make up for the $456 million deficit we’re facing. I believe these bills continue a reckless course of action that started with massive handouts to big corporations starting in 2011. This move is terrible for our kids because school funding is still down from when it was slashed four years ago to pay for a $1.7 billion corporate tax cut. We should be reinvesting in our schools, not asking them to pay for corporate tax incentives.”

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

“Mr. Speaker and members of the House:

I voted against House Bills 4110 and 4112 because these bills undermine investing in our students and community services necessary to achieve a Michigan Comeback for all. These bills take valuable funds from the School Aid Fund and General Fund to make up for the $456 million deficit our state now faces. Our current year deficit is due to excessive corporate credits, not because our school districts were fiscally irresponsible. The budget should be balanced by the same special interests that created them. The governor knew about these credits and their potential impact on the current year’s budget. There should have been a fiscally responsible plan prepared in advance. We should be investing in our schools. We should be asking the same corporations who received tax cuts to come to the table and contribute to the budget deficit solution – there’s a fairer and better balanced answer.

Rep Christine Greig”

Rep. Chirkun, 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 against House Bills 4110 and 4112 because these bills take money from the School Aid Fund and General Fund, respectively, to make up for the $456 million deficit we’re facing. I believe these bills continue a reckless course of action that started with massive handouts to big corporations starting in 2011. Like public and private sector employees and families, corporations need to come to the table and provide their fair share to address the budget problem. This move is abysmal for our kids because school funding is still down from when it was slashed four years ago to pay for a $1.7 billion corporate tax cut. We should be reinvesting in our schools, not asking them to pay for corporate tax incentives.”

Second Reading of Bills

House Bill No. 4119, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4012 (MCL 600.4012), as amended by 2012 PA 304.

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

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

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

The motion prevailed.

House Bill No. 4120, entitled

A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 408.477), as amended by 2012 PA 30.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Commerce and Trade (for amendment, see House Journal No. 12, p. 116),

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

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 bill was read a third time.

The question being on the passage of the bill,

Rep. Lyons moved to amend the bill as follows:

1. Amend page 1, line 2, after “the” by striking out “THIRD” and inserting “SECOND”.

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

The question being on the passage of the bill,

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

Roll Call No. 8 Yeas—72

Afendoulis Glenn Leonard Potvin

Barrett Goike Leutheuser Price

Bizon Graves Liberati Pscholka

Bumstead Guerra Lucido Rendon

Callton Heise Lyons Roberts, B.

Canfield Hoadley Maturen Rutledge

Chatfield Hughes McCready Santana

Clemente Iden Miller, A. Schor

Cole Inman Miller, D. Sheppard

Cotter Jacobsen Moss Somerville

Cox Jenkins Muxlow Tedder

Crawford Johnson Nesbitt Theis

Dillon Kesto Outman Vaupel

Driskell Kivela Pagan VerHeulen

Farrington Kosowski Pagel Victory

Forlini LaFontaine Pettalia Webber

Garcia Lane Plawecki Yonker

Glardon Lauwers Poleski Zemke

Nays—38

Banks Durhal Hovey-Wright Roberts, S.

Brinks Faris Howrylak Robinson

Brunner Franz Irwin Runestad

Byrd Gamrat Kelly Singh

Chang Garrett LaVoy Smiley

Chirkun Gay-Dagnogo Love Talabi

Cochran Geiss McBroom Townsend

Courser Greig Neeley Wittenberg

Darany Greimel Phelps Yanez

Dianda Hooker

In The Chair: Cotter

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

“An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”

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. LaVoy, 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 wasn’t that long ago that the dates were set for any type of election. I don’t think those dates should be changed. If any political party wishes to hold a primary election on a different date, they are free to do so and pay for it. It also opens up the discussion about government resources used for political party purposes.”

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 bill was read a third time.

The question being on the passage of the bill,

Rep. Lyons moved to amend the bill as follows:

1. Amend page 1, line 8, after the second “THE” by striking out “THIRD” and inserting “SECOND”.

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

The question being on the passage of the bill,

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

Roll Call No. 9 Yeas—74

Afendoulis Goike Leonard Potvin

Barrett Graves Leutheuser Price

Bizon Greimel Liberati Pscholka

Bumstead Guerra Lucido Rendon

Callton Heise Lyons Roberts, B.

Canfield Hoadley Maturen Rutledge

Chatfield Howrylak McCready Santana

Clemente Hughes Miller, A. Schor

Cole Iden Miller, D. Sheppard

Cotter Inman Moss Somerville

Cox Jacobsen Muxlow Tedder

Crawford Jenkins Nesbitt Theis

Dillon Johnson Outman Vaupel

Driskell Kesto Pagan VerHeulen

Farrington Kivela Pagel Victory

Forlini Kosowski Pettalia Webber

Garcia LaFontaine Plawecki Yonker

Glardon Lane Poleski Zemke

Glenn Lauwers

Nays—36

Banks Dianda Hooker Roberts, S.

Brinks Durhal Hovey-Wright Robinson

Brunner Faris Irwin Runestad

Byrd Franz Kelly Singh

Chang Gamrat LaVoy Smiley

Chirkun Garrett Love Talabi

Cochran Gay-Dagnogo McBroom Townsend

Courser Geiss Neeley Wittenberg

Darany Greig Phelps Yanez

In The Chair: Cotter

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

“An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”

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. LaVoy, 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 wasn’t that long ago that the dates were set for any type of election. I don’t think those dates should be changed. If any political party wishes to hold a primary election on a different date, they are free to do so and pay for it. It also opens up the discussion about government resources used for political party purposes.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

Introduction of Bills

Rep. Farrington introduced

House Bill No. 4217, entitled

A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 6 and 19 (MCL 252.306 and 252.319), section 6 as amended by 2014 PA 2 and section 19 as amended by 2006 PA 448.

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

Rep. Smiley introduced

House Bill No. 4218, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20190.

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

Rep. Santana introduced

House Bill No. 4219, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7524 (MCL 333.7524), as amended by 2011 PA 161.

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

Reps. Santana, Kosowski and Kivela introduced

House Bill No. 4220, entitled

A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending the title and sections 10, 11, 12, 22, 30, 32, 33, 35, 40, 41, 42, 43, 44, 46, 47, 48, 50, 52, 61, and 61a (MCL 338.3610, 338.3611, 338.3612, 338.3622, 338.3630, 338.3632, 338.3633, 338.3635, 338.3640, 338.3641, 338.3642, 338.3643, 338.3644, 338.3646, 338.3647, 338.3648, 338.3650, 338.3652, 338.3661, and 338.3661a), sections 10, 11, 12, 32, 35, 47, and 48 as amended by 2007 PA 196, section 22 as amended by 2010 PA 100, and section 33 as amended and section 61a as added by 2012 PA 546, by amending the headings for chapters 1 to 6, and by adding sections 2, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, and 87 and headings for articles 1, 2, and 3; and to repeal acts and parts of acts.

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

Reps. Santana, Kosowski and Kivela introduced

House Bill No. 4221, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317.

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

Reps. Santana, Kosowski and Kivela introduced

House Bill No. 4222, entitled

A bill to regulate amateur mixed martial arts; to establish the powers and duties of the Michigan unarmed combat commission under this act; to provide certain powers and duties for certain state agencies and departments; to license and regulate promoters of amateur mixed martial arts contests and events; to assess certain fees and fines; to establish the amateur mixed martial arts fund and provide for the use of the money in the fund; to authorize the promulgation of rules; and to provide penalties and remedies.

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

______

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

The motion prevailed.

______

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

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Wednesday, February 18:

House Bill Nos. 4199 4200 4201 4202 4203 4204 4205 4206 4207 4208 4209 4210 4211 4212

4213 4214 4215 4216

House Joint Resolutions H I

Senate Bill Nos. 109 110 111 112 113 114 115 116 117 118 119 120 121 122

123 124 125 126 127 128 129 130 131 132 133 134 135 136

137 138

Reports of Standing Committees

The Committee on Criminal Justice, by Rep. Heise, Chair, reported

House Bill No. 4006, entitled

A bill to require wireless carriers to provide device locations for emergencies upon the request of law enforcement; to prescribe the powers and duties of certain state agencies; and to provide for immunity from prosecution and from civil liability under certain circumstances.

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. Heise, Webber, Howrylak, Courser, Lucido, Guerra, Hovey-Wright and Chang

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read:

Meeting held on: Tuesday, February 17, 2015

Present: Reps. Heise, Webber, Howrylak, Courser, Lucido, Guerra, Hovey-Wright and Chang

The Committee on Judiciary, by Rep. Kesto, Chair, reported

House Bill No. 4076, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2014 PA 201.

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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra

Nays: None

The Committee on Judiciary, by Rep. Kesto, Chair, reported

House Bill No. 4151, entitled

A bill to repeal 1959 PA 186, entitled “An act to regulate the use of certain spring, gas or air operated handguns and to provide a penalty for violation of this act,” (MCL 752.891 to 752.892).

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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad and Guerra

Nays: Reps. Irwin, Robinson and Chang

The Committee on Judiciary, by Rep. Kesto, Chair, reported

House Bill No. 4152, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” by amending section 3t (MCL 8.3t).

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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad and Guerra

Nays: Reps. Irwin, Robinson and Chang

The Committee on Judiciary, by Rep. Kesto, Chair, reported

House Bill No. 4153, entitled

A bill to amend 1952 PA 10, entitled “An act to define the duties of any person who discharges a firearm and thereby injures any person; and to prescribe penalties for violations of the provisions of this act,” by amending section 1 (MCL 752.841).

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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad and Guerra

Nays: Reps. Irwin, Robinson and Chang

The Committee on Judiciary, by Rep. Kesto, Chair, reported

House Bill No. 4154, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40102, 40111, and 43503 (MCL 324.40102, 324.40111, and 324.43503), section 40102 as amended by 2007 PA 48, section 40111 as amended by 2012 PA 340, and section 43503 as amended by 2012 PA 520.

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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad and Guerra

Nays: Reps. Irwin, Robinson and Chang

The Committee on Judiciary, by Rep. Kesto, Chair, reported

House Bill No. 4155, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222, 226, 227b, 227c, 227d, 237a, and 528a (MCL 750.222, 750.226, 750.227b, 750.227c, 750.227d, 750.237a, and 750.528a), section 222 as amended by 2012 PA 242, section 227b as amended by 1990 PA 321, sections 227c and 227d as added by 1981 PA 103, section 237a as added by 1994 PA 158, and section 528a as added by 1986 PA 113.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole and Runestad

Nays: Reps. Irwin, Robinson, Chang and Guerra

The Committee on Judiciary, by Rep. Kesto, Chair, reported

House Bill No. 4156, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2014 PA 203.

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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad and Guerra

Nays: Reps. Irwin, Robinson and Chang

The Committee on Judiciary, by Rep. Kesto, Chair, reported

House Bill No. 4159, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5o (MCL 28.425o), as amended by 2014 PA 206.

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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin and Guerra

Nays: Reps. Robinson and Chang

The Committee on Judiciary, by Rep. Kesto, Chair, reported

House Bill No. 4160, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 234e (MCL 750.234e), as added by 1990 PA 321.

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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Chang and Guerra

Nays: Rep. Robinson

The Committee on Judiciary, by Rep. Kesto, Chair, reported

House Bill No. 4161, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 222 (MCL 750.222), as amended by 2012 PA 242.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra

Nays: None

The Committee on Judiciary, by Rep. Kesto, Chair, reported

Senate Bill No. 34, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425o, and 28.428), section 1 as amended by 2014 PA 203, section 2a as amended by 2013 PA 3, section 4 as amended by 2014 PA 6, sections 5 and 5a as added by 2000 PA 381, section 5b as amended by 2014 PA 207, sections 5c and 5d as amended by 2002 PA 719, section 5e as amended by 2014 PA 204, sections 5f and 5k as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, section 5l as amended by 2012 PA 32, section 5o as amended by 2014 PA 206, and section 8 as amended by 2008 PA 406, and by adding section 5x; and to repeal acts and parts of acts.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole and Runestad

Nays: Reps. Irwin, Robinson and Chang

The Committee on Judiciary, by Rep. Kesto, Chair, reported

Senate Bill No. 35, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124.

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. Kesto, Lucido, Heise, Johnson, Howrylak, Cole and Runestad

Nays: Reps. Irwin, Robinson and Chang

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 17, 2015

Present: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

House Bill No. 4051, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2014 PA 240.

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. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Farrington, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, February 18, 2015

Present: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd

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: Tuesday, February 17, 2015

Present: Reps. McBroom, Howrylak, Graves, Theis, Robinson and Pagan

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 18, 2015

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 18, 2015

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 18, 2015

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Forlini, Chair, of the Committee on Financial Services, was received and read:

Meeting held on: Wednesday, February 18, 2015

Present: Reps. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Chatfield, Chair, of the Committee on Local Government, was received and read:

Meeting held on: Wednesday, February 18, 2015

Present: Reps. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner, Rutledge and Neeley

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 18, 2015

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Franz, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, February 18, 2015

Present: Reps. Franz, Brett Roberts, Yonker, Lauwers, Courser, Crawford, Garcia, Iden, Dianda, Darany, Schor, Chirkun and Moss

Absent: Reps. Kesto and Lane

Excused: Reps. Kesto and Lane

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rendon, Chair, of the Committee on Tourism and Outdoor Recreation, was received and read:

Meeting held on: Wednesday, February 18, 2015

Present: Reps. Rendon, Goike, Forlini, Pettalia, Cole, Smiley, Brinks and Gay-Dagnogo

Announcements by the Clerk

February 16, 2015

Received from the Wayne County Airport Authority a copy of the 2014 Audited Financial Statements per the requirements of Public Act 90 of 2002.

Gary L. Randall

Clerk of the House

______

Rep. Singh moved that the House adjourn.

The motion prevailed, the time being 3:20 p.m.

Associate Speaker Pro Tempore Franz declared the House adjourned until Thursday, February 19, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

158 JOURNAL OF THE HOUSE [February 18, 2015] [No. 16

No. 16] [February 18, 2015] JOURNAL OF THE HOUSE 159

160 JOURNAL OF THE HOUSE [February 18, 2015] [No. 16

No. 16] [February 18, 2015] JOURNAL OF THE HOUSE 161

162 JOURNAL OF THE HOUSE [February 18, 2015] [No. 16

No. 16] [February 18, 2015] JOURNAL OF THE HOUSE 163

164 JOURNAL OF THE HOUSE [February 18, 2015] [No. 16

No. 16] [February 18, 2015] JOURNAL OF THE HOUSE 165

166 JOURNAL OF THE HOUSE [February 18, 2015] [No. 16

No. 16] [February 18, 2015] JOURNAL OF THE HOUSE 167

168 JOURNAL OF THE HOUSE [February 18, 2015] [No. 16

No. 16] [February 18, 2015] JOURNAL OF THE HOUSE 169

170 JOURNAL OF THE HOUSE [February 18, 2015] [No. 16

No. 16] [February 18, 2015] JOURNAL OF THE HOUSE 171

172 JOURNAL OF THE HOUSE [February 18, 2015] [No. 16

No. 16] [February 18, 2015] JOURNAL OF THE HOUSE 173

174