No. 78
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2015
House Chamber, Lansing, Thursday, October 1, 2015.
12:00 Noon.
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 Garcia—present LaFontaine—present Price—present
Banks—present Garrett—present Lane—present Pscholka—present
Barrett—present Gay-Dagnogo—present Lauwers—present Rendon—present
Bizon—present Geiss—present LaVoy—present Roberts, B.—present
Brinks—present Glardon—present Leonard—present Roberts, S.—present
Brunner—present Glenn—present Leutheuser—present Robinson—present
Bumstead—present Goike—present Liberati—present Runestad—present
Byrd—present Graves—present Love—present Rutledge—present
Callton—present Greig—present Lucido—present Santana—present
Canfield—present Greimel—present Lyons—present Schor—present
Chang—present Guerra—present Maturen—present Sheppard—present
Chatfield—present Heise—present McBroom—present Singh—present
Chirkun—present Hoadley—present McCready—present Smiley—present
Clemente—present Hooker—present Miller, A.—present Somerville—present
Cochran—present Hovey-Wright—present Miller, D.—present Talabi—present
Cole—present Howrylak—present Moss—present Tedder—present
Cotter—present Hughes—present Muxlow—excused Theis—present
Cox—present Iden—present Neeley—present Townsend—present
Crawford—present Inman—present Nesbitt—present Vaupel—present
Darany—present Irwin—present Outman—present VerHeulen—present
Dianda—present Jacobsen—present Pagan—present Victory—present
Driskell—present Jenkins—present Pagel—present Webber—present
Durhal—present Johnson—present Pettalia—present Wittenberg—present
Faris—present Kelly—present Phelps—present Yanez—present
Farrington—present Kesto—present Plawecki—present Yonker—present
Forlini—present Kivela—present Poleski—present Zemke—present
Franz— present Kosowski—present Potvin—present
e/d/s = entered during session
Pastor Billy Bartlett, Pastor of Wyldewood Baptist Church in Lambertville, offered the following invocation:
“Our great and gracious Guardian of Human History, we concede Thou art in control and art the architect of earth’s course and consummation. This morning, we humbly approach Thy Throne as we are invited to do. We petition Thy touch upon this session of Thy servants asking for compassion, wisdom, and direction.
Heavenly Father, in around 60 AD, Thou moved on the primary articulator of ‘the faith’ of most of western civilization to record Heaven’s position on human government. In Romans, Chapter 13, the great apostle to the gentiles laid out the obligations of both the governed and the governors.
First, Lord, we understand we, the governed, are to be ‘subject’ to the higher powers or implaced officials. We the citizenry are enjoined by Paul not to rebel or resist that power. The reason, the government officials are ‘ordained’; that is, put in their positions or empowered by God himself and are uniquely His ministers. Those that resist, riot, or in any way repture the system, according to Scripture, invite the revenge of government and the wrath of the Great Originator. An enlightened God-like society must have rules set by Heaven and executed by His ministers.
Then, the governors are instructed. They are challenged to produce ‘good works’ and regard themselves as answerable to The Almighty who inhabits eternity. Lord, You instructed Your apostle to inform the governors they are empowered to exact revenge and execute wrath on evil doers when it is appropriate. They are to reward ‘good behavior’ and punish or ‘bear the sword’. Lord, help those who are governing to realize they are first Thy ministers, not Republicans, Democrats, Independents, or representatives of special interests. Help them always, in every decision, to consider Thy will and Word, as well as the Son’s outpourings in The New Testament, while fulfilling their civic duties. A Pure Michigan blessed by a Holy hand is our fervent desire.
It is in the name of the Savior we advance these petitions.
Amen.”
______
Rep. Nesbitt moved that Rep. Muxlow be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Chang, Garrett, Lucido, Howrylak, Neeley, Wittenberg, Hoadley, Love, Irwin, Sarah Roberts, Driskell, Greig, Hovey-Wright, Kelly, LaVoy and Singh offered the following resolution:
House Resolution No. 161.
A resolution to declare October 2, 2015, as Wrongful Conviction Day in the state of Michigan.
Whereas, Wrongful Conviction Day is an annual event that highlights the need to prevent and remedy wrongful convictions around the world. On October 2 each year, innocence groups from around the world undertake activities to raise awareness about wrongful convictions worldwide. Innocence groups headquartered around the world are committed to identifying, advocating for, and exonerating individuals who have been convicted of a serious crime which they did not commit, and to preventing future wrongful convictions through awareness, education and justice system reform; and
Whereas, In the United States alone, there were 125 recorded exonerations in 2014. Since 1989, there have been 1577 recorded exonerations in the United States. Thus far in 2015, there have been in excess of 29 recorded exonerations in the United States. Nationwide, the average exoneree serves thirteen years in prison before exoneration. Thirty states, the federal government, and the District of Columbia have recognized the obligation to compensate wrongfully convicted people for the years stolen from their lives by failures of the criminal justice system; and
Whereas, According to the National Registry of Exonerations, there have been 56 people wrongfully convicted and exonerated in Michigan since 1990. Michigan has averaged two exonerations per year. Unlike parolees, exonerees in Michigan are given no services to help with re-integration into society; and
Whereas, Wrongful Conviction Day is a specifically allocated annual day to focus attention on and discuss the problem of wrongful convictions around the world. The conviction of innocent people is an international human rights issue; and
Whereas, Awareness can be raised in any number of ways, including through media releases, interviews, educational forums, church services, exoneree presentations and involvement, commemoration services, vigils, book signings, film festivals, blogs, Facebook, websites, Twitter, magazines. Frank and open discussions about the causes of wrongful convictions will lead to positive change in our criminal justice systems and help reduce future wrongful convictions; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare October 2, 2015, as Wrongful Conviction Day in the state of Michigan.
The question being on the adoption of the resolution,
Rep. Chang moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution No. 161.
A resolution to declare October 2, 2015, as Wrongful Conviction Day in the state of Michigan.
Whereas, Wrongful Conviction Day is an annual event that highlights the need to prevent and remedy wrongful convictions around the world. On October 2 each year, innocence groups from around the world undertake activities to raise awareness about wrongful convictions worldwide. Innocence groups headquartered around the world are committed to identifying, advocating for, and exonerating individuals who have been convicted of a serious crime which they did not commit, and to preventing future wrongful convictions through awareness, education and justice system reform; and
Whereas, In the United States alone, there were 125 recorded exonerations in 2014. Since 1989, there have been 1577 recorded exonerations in the United States. Thus far in 2015, there have been 70 recorded exonerations in the United States. Nationwide, the average exoneree serves fourteen years in prison before exoneration. Thirty states, the federal government, and the District of Columbia have recognized the obligation to compensate wrongfully convicted people for the years stolen from their lives by failures of the criminal justice system; and
Whereas, According to the National Registry of Exonerations, there have been 60 people wrongfully convicted and exonerated in Michigan since 1990. Michigan has averaged two exonerations per year. Unlike parolees, exonerees in Michigan are given no services to help with re-integration into society; and
Whereas, Wrongful Conviction Day is a specifically allocated annual day to focus attention on and discuss the problem of wrongful convictions around the world. The conviction of innocent people is an international human rights issue; and
Whereas, Awareness can be raised in any number of ways, including through media releases, interviews, educational forums, church services, exoneree presentations and involvement, commemoration services, vigils, book signings, film festivals, blogs, Facebook, websites, Twitter, magazines. Frank and open discussions about the causes of wrongful convictions will lead to positive change in our criminal justice systems and help reduce future wrongful convictions; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare October 2, 2015, as Wrongful Conviction Day in the state of Michigan.
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. Price, Crawford, Chang, Cox, Driskell, Faris, Greig, Heise, Hoadley, Hovey-Wright, Howrylak, Kelly, Lauwers, LaVoy, Schor and Singh offered the following resolution:
House Resolution No. 162.
A resolution to declare October 2015 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 2015, it was estimated that among U.S. women, there will be 231,840 new cases of invasive breast cancer and 60,290 new cases of in situ breast cancer along with 40,290 breast cancer deaths; 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, In 2011, 7,329 women in Michigan were newly diagnosed with invasive breast cancer and 1,426 women died of the disease; and
Whereas, The five year survival rate among women whose breast cancer has not spread beyond the breast at the time of diagnosis is 99 percent; 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, 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 2015 as Breast Cancer Awareness Month in the state of Michigan; and be it further
Resolved, That the members of this legislative body 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. Price moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution No. 162.
A resolution to declare October 2015 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 2015, it was estimated that among U.S. women, there will be 231,840 new cases of invasive breast cancer and 62,290 new cases of in situ breast cancer along with 40,290 breast cancer deaths; 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, In 2011, 7,329 women in Michigan were newly diagnosed with invasive breast cancer and 1,426 women died of the disease; and
Whereas, The five year survival rate among women whose breast cancer has not spread beyond the breast at the time of diagnosis is 99 percent; 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, 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 2015 as Breast Cancer Awareness Month in the state of Michigan; and be it further
Resolved, That the members of this legislative body 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. Howrylak, Chang, Crawford, Driskell, Greig, Heise, Hoadley, Hovey-Wright, Kelly, LaVoy, Price, Schor and Singh offered the following resolution:
House Resolution No. 163.
A resolution to declare October 2015 as Filipino-American Heritage Month in the state of Michigan.
Whereas, We are proud to join with the Filipino-American community of Michigan as they celebrate contributions they have made throughout the entire state. This recognition is a reflection of unselfishness and commitment to the common good that is most commendable; and
Whereas, It is with pride and gratitude that we welcome this opportunity to salute the many ways in which the Filipino-American community has given its time and energy for the betterment of our state; and
Whereas, The Filipino-American community of Michigan continues to foster understanding through the development, promotion, and preservation of Filipino values, culture, and tradition. These concerned citizens have truly made a difference, and their professional and civic involvement will continue to enrich our state; and
Whereas, The members of the Filipino American community give to the American people and to the citizens of Michigan a very important gift of a rich culture based on traditional values of family, religion, and a strong work ethic. A strong political, cultural, and economic bond exists between us as a result and is cemented by the mutual respect and admiration we have for one another; and
Whereas, The heritage of the Filipino people enriches our own culture, for America is a melting pot and America’s culture is a rich blend of many cultures. This legislative body welcomes the heritage, culture, and contributions of the Filipino-American community to our state and our nation; and
Whereas, Like their counterparts across the country, the Filipino-American community in Michigan is committed to strengthening the public institutions that promote the cultural heritage of Filipinos, as well as eliminating prejudices, stereotypes, and ignorance. By promoting awareness of Filipino-American contributions to social, economic, cultural, and political life in the United States, everyone can take great pride in their effective community service; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare October 2015 as Filipino-American Heritage Month in the state of Michigan. We thank the Filipino-American community for their many contributions that enhance our quality of life in Michigan and we encourage all citizens to do the same.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Brinks, Pagan, Plawecki, Chang, Faris, Schor, Lane, Derek Miller, Love, Sarah Roberts, Guerra, Hovey-Wright, Wittenberg, Dianda, Yonker, Moss, Hoadley, Zemke, LaVoy, Driskell, Greig, Kelly and Singh offered the following resolution:
House Resolution No. 164.
A resolution to express the sense of this legislative body that the state of Michigan should continue its efforts to further reduce the rate of teen pregnancy by promoting programs with proven results.
Whereas, Teen pregnancy is a problem that crosses all racial, cultural and socio-economic lines. It is closely related to infant health concerns including premature birth and low birth rates as well as critical social issues, such as poverty, education attainment, and involvement in the child welfare system and the criminal justice system. Parenthood is the leading reason for teen girls dropping out of school, causing more than 50 percent of teen mothers in the United States to never graduate from high school; and
Whereas, Despite progress in reducing teen pregnancy rates in Michigan, teen pregnancy continues to impact the physical, educational, social, and economic well-being of our citizens, communities, and state; and
Whereas, Teen pregnancy impacts the Michigan economy and costs Michigan taxpayers. All of us play an integral role in preventing teen pregnancy in our respective communities. The efforts to prevent teen pregnancies will collectively contribute to decreasing state taxpayer expenses related to teen pregnancies and teen births; now, therefore, be it
Resolved by the House of Representatives, That it is the sense of this legislative body that the state of Michigan should continue its efforts to reduce the rates of teen pregnancies and births, especially in communities where teen pregnancy rates remain high; and be it further
Resolved, That it is the sense of this legislative body that the state of Michigan should raise awareness about the importance of this critical issue by promoting parent-child communication and investing in programs that have been proven to reduce teen pregnancy.
The resolution was referred to the Committee on Families, Children, and Seniors.
Reports of Standing Committees
The Speaker laid before the House
House Concurrent Resolution No. 14.
A concurrent resolution relative to secondary road patrol funds for counties providing road patrol services to cities and villages.
(For text of concurrent resolution, see House Journal No. 67, p. 1566.)
(The concurrent resolution was reported by the Committee on Appropriations on September 30.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4542, entitled
A bill to create the Michigan achieving a better life experience (ABLE) program; to provide for ABLE accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies.
(The bill was received from the Senate on September 29, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 30, see House Journal No. 76, p. 1715.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 327 Yeas—106
Afendoulis Garcia LaFontaine Price
Banks Garrett Lane Pscholka
Barrett Gay-Dagnogo Lauwers Rendon
Bizon Geiss LaVoy Roberts, B.
Brinks Glardon Leonard Roberts, S.
Brunner Glenn Leutheuser Robinson
Bumstead Goike Liberati Runestad
Byrd Graves Love Rutledge
Callton Greig Lucido Santana
Canfield Greimel Lyons Schor
Chang Guerra Maturen Sheppard
Chatfield Heise McBroom Singh
Chirkun Hoadley McCready Smiley
Clemente Hooker Miller, A. Somerville
Cochran Hovey-Wright Miller, D. Talabi
Cole Howrylak Moss Tedder
Cotter Hughes Neeley Theis
Cox Iden Nesbitt Townsend
Crawford Inman Outman Vaupel
Darany Irwin Pagan VerHeulen
Dianda Jacobsen Pagel Victory
Driskell Jenkins Pettalia Webber
Durhal Johnson Phelps Wittenberg
Faris Kelly Plawecki Yanez
Farrington Kesto Poleski Yonker
Forlini Kivela Potvin Zemke
Franz Kosowski
Nays—0
In The Chair: Cotter
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
The Speaker called the Speaker Pro Tempore to the Chair.
The Speaker laid before the House
House Bill No. 4543, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597.
(The bill was received from the Senate on September 29, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 30, see House Journal No. 76, p. 1715.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 328 Yeas—106
Afendoulis Garcia LaFontaine Price
Banks Garrett Lane Pscholka
Barrett Gay-Dagnogo Lauwers Rendon
Bizon Geiss LaVoy Roberts, B.
Brinks Glardon Leonard Roberts, S.
Brunner Glenn Leutheuser Robinson
Bumstead Goike Liberati Runestad
Byrd Graves Love Rutledge
Callton Greig Lucido Santana
Canfield Greimel Lyons Schor
Chang Guerra Maturen Sheppard
Chatfield Heise McBroom Singh
Chirkun Hoadley McCready Smiley
Clemente Hooker Miller, A. Somerville
Cochran Hovey-Wright Miller, D. Talabi
Cole Howrylak Moss Tedder
Cotter Hughes Neeley Theis
Cox Iden Nesbitt Townsend
Crawford Inman Outman Vaupel
Darany Irwin Pagan VerHeulen
Dianda Jacobsen Pagel Victory
Driskell Jenkins Pettalia Webber
Durhal Johnson Phelps Wittenberg
Faris Kelly Plawecki Yanez
Farrington Kesto Poleski Yonker
Forlini Kivela Potvin Zemke
Franz Kosowski
Nays—0
In The Chair: Leonard
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
House Bill No. 4138, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 11a, 20g, 33, 33e, 35, 39a, and 40a (MCL 791.211a, 791.220g, 791.233, 791.233e, 791.235, 791.239a, and 791.240a), section 11a as amended by 1998 PA 204, section 20g as amended by 2000 PA 211, section 33 as amended by 1998 PA 320, section 33e as added by 1992 PA 181, section 35 as amended by 2012 PA 24, section 39a as added by 1982 PA 314, and section 40a as amended by 2006 PA 532.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 329 Yeas—67
Afendoulis Garrett Leutheuser Roberts, B.
Banks Gay-Dagnogo Liberati Robinson
Brinks Geiss Love Rutledge
Bumstead Glardon Lucido Santana
Byrd Glenn Lyons Schor
Callton Goike McBroom Singh
Canfield Greig McCready Somerville
Chang Heise Nesbitt Talabi
Clemente Hoadley Outman Tedder
Cochran Hovey-Wright Pagan Townsend
Cotter Howrylak Pagel VerHeulen
Crawford Iden Plawecki Victory
Darany Irwin Poleski Webber
Durhal Jacobsen Potvin Wittenberg
Farrington Kelly Price Yonker
Forlini Kesto Pscholka Zemke
Garcia LaFontaine Rendon
Nays—39
Barrett Franz Kosowski Pettalia
Bizon Graves Lane Phelps
Brunner Greimel Lauwers Roberts, S.
Chatfield Guerra LaVoy Runestad
Chirkun Hooker Leonard Sheppard
Cole Hughes Maturen Smiley
Cox Inman Miller, A. Theis
Dianda Jenkins Miller, D. Vaupel
Driskell Johnson Moss Yanez
Faris Kivela Neeley
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 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 11a, 20g, 33, 33e, and 35 (MCL 791.211a, 791.220g, 791.233, 791.233e, and 791.235), section 11a as amended by 1998 PA 204, section 20g as amended by 2000 PA 211, section 33 as amended by 1998 PA 320, section 33e as added by 1992 PA 181, and section 35 as amended by 2012 PA 24, and by adding section 1b.
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. 4713, entitled
A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.8) 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. 330 Yeas—106
Afendoulis Garcia LaFontaine Price
Banks Garrett Lane Pscholka
Barrett Gay-Dagnogo Lauwers Rendon
Bizon Geiss LaVoy Roberts, B.
Brinks Glardon Leonard Roberts, S.
Brunner Glenn Leutheuser Robinson
Bumstead Goike Liberati Runestad
Byrd Graves Love Rutledge
Callton Greig Lucido Santana
Canfield Greimel Lyons Schor
Chang Guerra Maturen Sheppard
Chatfield Heise McBroom Singh
Chirkun Hoadley McCready Smiley
Clemente Hooker Miller, A. Somerville
Cochran Hovey-Wright Miller, D. Talabi
Cole Howrylak Moss Tedder
Cotter Hughes Neeley Theis
Cox Iden Nesbitt Townsend
Crawford Inman Outman Vaupel
Darany Irwin Pagan VerHeulen
Dianda Jacobsen Pagel Victory
Driskell Jenkins Pettalia Webber
Durhal Johnson Phelps Wittenberg
Faris Kelly Plawecki Yanez
Farrington Kesto Poleski Yonker
Forlini Kivela Potvin Zemke
Franz Kosowski
Nays—0
In The Chair: Leonard
The House agreed to the title of the bill.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4137, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 2, 4, and 14 of chapter XI and sections 2, 3, and 5 of chapter XIA (MCL 771.2, 771.4, 771.14, 771A.2, 771A.3, and 771A.5), section 2 of chapter XI as amended by 2010 PA 351, section 4 of chapter XI as amended by 1998 PA 520, section 14 of chapter XI as amended by 2012 PA 27, and sections 2, 3, and 5 of chapter XIA as added by 2012 PA 616.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 331 Yeas—101
Afendoulis Geiss Lauwers Pscholka
Banks Glardon LaVoy Rendon
Barrett Glenn Leonard Roberts, B.
Bizon Goike Leutheuser Roberts, S.
Brinks Graves Liberati Robinson
Brunner Greig Love Runestad
Byrd Greimel Lucido Rutledge
Callton Guerra Lyons Santana
Canfield Heise Maturen Schor
Chang Hoadley McBroom Sheppard
Chatfield Hovey-Wright McCready Singh
Clemente Howrylak Miller, A. Smiley
Cochran Hughes Miller, D. Somerville
Cole Iden Moss Talabi
Cotter Inman Neeley Tedder
Cox Irwin Nesbitt Theis
Crawford Jacobsen Outman Townsend
Darany Jenkins Pagan Vaupel
Driskell Johnson Pagel VerHeulen
Durhal Kelly Pettalia Victory
Faris Kesto Phelps Webber
Farrington Kivela Plawecki Wittenberg
Forlini Kosowski Poleski Yanez
Garcia LaFontaine Potvin Yonker
Garrett Lane Price Zemke
Gay-Dagnogo
Nays—5
Bumstead Dianda Franz Hooker
Chirkun
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 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 2 and 4 of chapter XI and the chapter heading and sections 3, 4, 5, and 6 of chapter XIA (MCL 771.2, 771.4, 771A.3, 771A.4, 771A.5, and 771A.6), section 2 of chapter XI as amended by 2010 PA 351, section 4 of chapter XI as amended by 1998 PA 520, and sections 3, 4, 5, and 6 of chapter XIA as added by 2012 PA 616.
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.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4354, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2021, 2108, 2112, 2406, 2458, 2606, and 2652 (MCL 500.2021, 500.2108, 500.2112, 500.2406, 500.2458, 500.2606, and 500.2652), section 2021 as added by 1982 PA 7, section 2112 as amended by 2012 PA 454, section 2406 as amended by 1993 PA 200, and section 2458 as amended by 1988 PA 262.
(The bill was received from the Senate on September 30, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 77, p. 1728.)
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 332 Yeas—89
Afendoulis Geiss LaVoy Pscholka
Banks Glardon Leonard Rendon
Barrett Glenn Leutheuser Roberts, B.
Brinks Goike Liberati Roberts, S.
Brunner Graves Lucido Runestad
Bumstead Greig Lyons Rutledge
Callton Heise Maturen Schor
Canfield Hooker McBroom Sheppard
Chang Howrylak McCready Smiley
Chatfield Hughes Miller, A. Somerville
Clemente Iden Miller, D. Talabi
Cochran Inman Moss Tedder
Cole Jacobsen Neeley Theis
Cotter Jenkins Nesbitt Townsend
Cox Johnson Outman Vaupel
Crawford Kelly Pagel VerHeulen
Darany Kesto Pettalia Victory
Dianda Kivela Phelps Webber
Farrington Kosowski Plawecki Wittenberg
Forlini LaFontaine Poleski Yanez
Franz Lane Potvin Yonker
Garcia Lauwers Price Zemke
Gay-Dagnogo
Nays—17
Bizon Faris Hoadley Pagan
Byrd Garrett Hovey-Wright Robinson
Chirkun Greimel Irwin Santana
Driskell Guerra Love Singh
Durhal
In The Chair: Leonard
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
Senate Bill No. 195, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17748 (MCL 333.17748), as amended by 2014 PA 413.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 333 Yeas—105
Afendoulis Garcia Kosowski Potvin
Banks Garrett LaFontaine Price
Barrett Gay-Dagnogo Lane Pscholka
Bizon Geiss Lauwers Rendon
Brinks Glardon LaVoy Roberts, B.
Brunner Glenn Leonard Roberts, S.
Bumstead Goike Leutheuser Runestad
Byrd Graves Liberati Rutledge
Callton Greig Love Santana
Canfield Greimel Lucido Schor
Chang Guerra Lyons Sheppard
Chatfield Heise Maturen Singh
Chirkun Hoadley McBroom Smiley
Clemente Hooker McCready Somerville
Cochran Hovey-Wright Miller, A. Talabi
Cole Howrylak Miller, D. Tedder
Cotter Hughes Moss Theis
Cox Iden Neeley Townsend
Crawford Inman Nesbitt Vaupel
Darany Irwin Outman VerHeulen
Dianda Jacobsen Pagan Victory
Driskell Jenkins Pagel Webber
Durhal Johnson Pettalia Wittenberg
Faris Kelly Phelps Yanez
Farrington Kesto Plawecki Yonker
Forlini Kivela Poleski Zemke
Franz
Nays—1
Robinson
In The Chair: Leonard
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”
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. 4904, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 641 and 646a (MCL 168.641 and 168.646a), section 641 as amended by 2015 PA 101 and section 646a as amended by 2013 PA 253.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 334 Yeas—105
Afendoulis Garcia LaFontaine Price
Banks Garrett Lane Pscholka
Barrett Gay-Dagnogo Lauwers Rendon
Bizon Geiss LaVoy Roberts, B.
Brinks Glardon Leonard Roberts, S.
Brunner Glenn Leutheuser Robinson
Bumstead Goike Liberati Runestad
Byrd Graves Love Rutledge
Callton Greig Lucido Santana
Canfield Greimel Lyons Schor
Chang Guerra Maturen Sheppard
Chatfield Heise McBroom Singh
Chirkun Hoadley McCready Smiley
Clemente Hooker Miller, A. Somerville
Cochran Hovey-Wright Miller, D. Talabi
Cole Howrylak Moss Tedder
Cotter Hughes Neeley Theis
Cox Iden Nesbitt Townsend
Crawford Inman Outman Vaupel
Darany Irwin Pagan VerHeulen
Dianda Jacobsen Pagel Victory
Driskell Jenkins Pettalia Webber
Durhal Johnson Phelps Wittenberg
Faris Kesto Plawecki Yanez
Farrington Kivela Poleski Yonker
Forlini Kosowski Potvin Zemke
Franz
Nays—1
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.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Franz to the Chair.
______
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, October 1:
House Bill Nos. 4925 4926
The Clerk announced that the following Senate bills had been received on Thursday, October 1:
Senate Bill Nos. 366 458 500
Reports of Standing Committees
The Committee on Education, by Rep. Price, Chair, reported
Senate Bill No. 103, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1249 and 1249a (MCL 380.1249 and 380.1249a), section 1249 as amended by 2014 PA 257 and section 1249a as added by 2011 PA 102, and by adding sections 1249b and 1531j; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-8) 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, Garcia, Callton, Lyons, Yonker, Kelly, Chatfield, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
Nays: Reps. Hooker and McBroom
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Price, Chair, of the Committee on Education, was received and read:
Meeting held on: Thursday, October 1, 2015
Present: Reps. Price, Garcia, Callton, Hooker, Lyons, McBroom, Somerville, Yonker, Kelly, Chatfield, Tedder, Zemke, Santana, Brinks, Schor, Chang and Greig
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Johnson, Chair, of the Committee on Workforce and Talent Development, was received and read:
Meeting held on: Thursday, October 1, 2015
Present: Reps. Johnson, Tedder, Farrington, Price, Lauwers, Crawford, Iden, Brett Roberts, Brinks, Townsend, Geiss, Greig, Liberati and Love
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, October 1, 2015
Present: Reps. McBroom, Howrylak, Graves, Theis, Robinson and Pagan
Messages from the Senate
House Bill No. 4168, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 42a (MCL 211.42a), as amended by 2012 PA 461.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4102, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal years ending September 30, 2015 and September 30, 2016; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 366, entitled
A bill to regulate the solicitation of certain deeds; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Senate Bill No. 458, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 51 of chapter X (MCL 710.51), as amended by 1996 PA 409.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 500, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 44 (MCL 421.44), as amended by 2011 PA 269.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Workforce and Talent Development.
Notices
Pursuant to Rule 41, the Speaker has made the following referral:
House Resolution No. 160 referred to the Committee on Communications and Technology.
Messages from the Governor
Date: September 30, 2015
Time: 9:54 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4070 (Public Act No. 134, I.E.), being
An act to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2014 PA 190.
(Filed with the Secretary of State September 30, 2015, at 2:48 p.m.)
Introduction of Bills
Reps. Derek Miller, Wittenberg, Plawecki, Chirkun, Darany, Faris, Hoadley, Liberati, Lane, Dianda, Brinks, Phelps, Rutledge, Garrett, Chang, Schor, Brunner, Smiley, Gay-Dagnogo, Byrd, LaVoy, Cochran, Greig, Yanez, Sarah Roberts, Geiss, Durhal, Zemke, Robinson, Pagan, Moss, Kivela and Kosowski introduced
House Bill No. 4927, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 493a.
The bill was read a first time by its title and referred to the Committee on Elections.
Reps. Plawecki, Wittenberg, Hoadley, Derek Miller, Liberati, Rutledge, Cochran, Yanez, Chirkun, Dianda, Darany, Greig, Neeley, Phelps, Brinks, Brunner, Smiley, Byrd, Gay-Dagnogo, Love, Talabi, Zemke, Pagan, LaVoy, Robinson, Banks, Geiss, Garrett, Sarah Roberts, Chang, Faris, Schor, Durhal, Moss, Lane and Kosowski introduced
House Bill No. 4928, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2015 PA 11.
The bill was read a first time by its title and referred to the Committee on Elections.
Reps. Chirkun, Derek Miller, Wittenberg, Dianda, Lane, Plawecki, Darany, Brinks, Phelps, Rutledge, Chang, Garrett, Schor, Smiley, Brunner, Gay-Dagnogo, Byrd, LaVoy, Cochran, Greig, Yanez, Sarah Roberts, Geiss, Durhal, Zemke, Robinson, Pagan, Moss, Kivela and Kosowski introduced
House Bill No. 4929, 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.
The bill was read a first time by its title and referred to the Committee on Elections.
Rep. Nesbitt introduced
House Bill No. 4930, 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 19.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Singh and Schor introduced
House Bill No. 4931, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2012 PA 183.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Rep. Lucido introduced
House Bill No. 4932, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811oo.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Rep. Barrett introduced
House Bill No. 4933, entitled
A bill to amend 2000 PA 251, entitled “Patient’s right to independent review act,” by amending sections 3, 5, 7, 9, 11, 13, 17, 19, 23, 25, and 27 (MCL 550.1903, 550.1905, 550.1907, 550.1909, 550.1911, 550.1913, 550.1917, 550.1919, 550.1923, 550.1925, and 550.1927), section 3 as amended by 2006 PA 542 and sections 11, 13, and 23 as amended by 2000 PA 398.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Kosowski introduced
House Bill No. 4934, entitled
A bill to amend 1984 PA 64, entitled “The coordination of benefits act,” by amending the title and sections 2, 3, and 4 (MCL 550.252, 550.253, and 550.254), section 3 as amended by 1996 PA 325; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Leonard introduced
House Bill No. 4935, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 106, 116, 120, 222, 402, 454, 460, 462, 606, 1210, 2003, 2006, 2059, 2212a, 2212b, 2213, 2213a, 2213b, 2214, 2236, 2237, 3400, 3402, 3403, 3404, 3405, 3406a, 3406c, 3406d, 3406e, 3406j, 3406k, 3406l, 3406m, 3406n, 3406o, 3406p, 3406q, 3406r, 3406s, 3407, 3407b, 3408, 3409, 3411, 3412, 3413, 3414, 3416, 3418, 3420, 3422, 3424, 3425, 3426, 3428, 3432, 3438, 3440, 3452, 3472, 3474, 3474a, 3475, 3476, 3501, 3503, 3505, 3507, 3508, 3509, 3511, 3513, 3515, 3517, 3519, 3528, 3533, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, 3571, 3573, 3701, 3703, 3705, 3711, 3723, 4601, 4701, 6428, 7060, and 7705 (MCL 500.106, 500.116, 500.120, 500.222, 500.402, 500.454, 500.460, 500.462, 500.606, 500.1210, 500.2003, 500.2006, 500.2059, 500.2212a, 500.2212b, 500.2213, 500.2213a, 500.2213b, 500.2214, 500.2236, 500.2237, 500.3400, 500.3402, 500.3403, 500.3404, 500.3405, 500.3406a, 500.3406c, 500.3406d, 500.3406e, 500.3406j, 500.3406k, 500.3406l, 500.3406m, 500.3406n, 500.3406o, 500.3406p, 500.3406q, 500.3406r, 500.3406s, 500.3407, 500.3407b, 500.3408, 500.3409, 500.3411, 500.3412, 500.3413, 500.3414, 500.3416, 500.3418, 500.3420, 500.3422, 500.3424, 500.3425, 500.3426, 500.3428, 500.3432, 500.3438, 500.3440, 500.3452, 500.3472, 500.3474, 500.3474a, 500.3475, 500.3476, 500.3501, 500.3503, 500.3505, 500.3507, 500.3508, 500.3509, 500.3511, 500.3513, 500.3515, 500.3517, 500.3519, 500.3528, 500.3533, 500.3535, 500.3545, 500.3547, 500.3548, 500.3551, 500.3553, 500.3555, 500.3557, 500.3559, 500.3561, 500.3563, 500.3569, 500.3571, 500.3573, 500.3701, 500.3703, 500.3705, 500.3711, 500.3723, 500.4601, 500.4701, 500.6428, 500.7060, and 500.7705), section 116 as added by 1992 PA 182, section 222 as amended by 1994 PA 443, section 454 as amended by 1987 PA 168, section 1210 as added and section 2059 as amended by 1986 PA 253, section 2006 as amended by 2004 PA 28, section 2212a as amended by 2001 PA 235, section 2212b as amended by 2000 PA 486, section 2213 as amended by 2012 PA 445, section 2213a as amended by 2002 PA 707, sections 2213b, 3426, and 3705 as amended and sections 3428, 3472, and 3474a as added by 2013 PA 5, section 2236 as amended by 2014 PA 140, sections 3405 and 3475 as amended by 2014 PA 263, section 3406a as added by 1982 PA 527, section 3406c as amended by 1994 PA 233, sections 3406d and 3406e as added by 1989 PA 59, section 3406j as added by 1998 PA 136, section 3406k as amended by 2004 PA 7, section 3406l as added by 2004 PA 171, section 3406m as added by 1998 PA 402, section 3406n as added by 1999 PA 179, section 3406o as added by 1999 PA 177, section 3406p as added by 2000 PA 425, section 3406q as amended and sections 3701, 3703, 3711, and 3723 as added by 2003 PA 88, section 3406r as added by 2004 PA 375, section 3406s as added by 2012 PA 100, section 3407b as added by 2000 PA 27, section 3409 as amended by 1990 PA 170, section 3418 as amended by 1984 PA 280, section 3425 as added by 1980 PA 429, section 3440 as amended by 1987 PA 52, section 3476 as added by 2012 PA 215, sections 3501, 3505, 3507, 3508, 3509, 3511, 3513, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, and 3573 as added by 2000 PA 252, section 3503 as amended by 2006 PA 366, sections 3515, 3517, 3519, 3533, and 3571 as amended by 2005 PA 306, section 3528 as amended by 2002 PA 621, sections 4601 and 4701 as added by 2008 PA 29, section 7060 as amended by 1999 PA 82, and section 7705 as amended by 2006 PA 671, and by adding sections 607, 3400a, 3400b, 3401a, 3402a, 3402b, 3402c, 3402d, 3402e, 3402f, 3402g, 3402h, 3477, and 3544; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Insurance.
______
Rep. Graves moved that the House adjourn.
The motion prevailed, the time being 2:05 p.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Tuesday, October 6, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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