No. 86
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2015
House Chamber, Lansing, Wednesday, October 21, 2015.
1:30 p.m.
The House was called to order by Associate Speaker Pro Tempore Franz.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present Garcia—present 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—present Theis—present
Cox—present Iden—present Neeley—present Townsend—present
Crawford—present Inman—present Nesbitt—present Vaupel—present
Darany—present Irwin—present Outman—present VerHeulen—present
Dianda—present Jacobsen—present Pagan—present Victory—present
Driskell—excused 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
Fr. Nate Harburg, Parochial Administrator of Nativity of the Lord Parish in Alma, offered the following invocation:
“Dear Father in heaven,
Please help the members of the House of Representatives to be faithful stewards of the many gifts You have given each one of them. In the recent words of Your servant Pope Francis to our Congress, may they ‘defend and preserve the dignity of [their] fellow citizens in the tireless and demanding pursuit of the common good’, especially, ‘the greatest common good: that of a community which sacrifices particular interests in order to share, in justice and peace, its goods, its interests, its social life.’
May everyone here strive with zeal to stimulate ‘the growth of all... especially those in situations of greater vulnerability or risk.’
Give these servants of Yours a fresh outpouring of Your Spirit. Give them new and exciting ideas of how ‘to protect, by means of the law, the image and likeness fashioned by God on every human face.’
Father of mercy and love, You desire the earthly good and eternal salvation of all people. Thank You for all the good You have accomplished through this house of representatives, and thank You in advance for all the good You will do through them in the future.
We pray this in the Name of Jesus Christ Your Son,
Amen.”
______
Rep. Singh moved that Rep. Driskell be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Love, Irwin, Moss, Robinson, Wittenberg, Derek Miller, Brunner, Chang, Hoadley, Garrett, Talabi, Neeley, Santana and Pagan offered the following resolution:
House Resolution No. 170.
A resolution to memorialize the Congress of the United States to enact legislation to ban crude oil shipments on the Great Lakes and call for a comprehensive review of Great Lakes pipelines and spill response times.
Whereas, The Great Lakes are the world’s largest system of fresh surface water and an oil spill would have disastrous consequences for the environment and economy in Michigan. The Great Lakes, particularly the Straits of Mackinac, are especially vulnerable to a devastating oil spill because of the challenges of responding to spills in fresh water or under heavy ice. Current methods of spill response and cleanup may not be effective if a major spill were to occur in the Great Lakes; and
Whereas, All levels of government should play a role in ensuring that the transportation of crude oil and other hazardous liquids do not jeopardize the Great Lakes and endanger public health. The federal government currently has a leading role in oil pipeline safety and spill response. In order to protect the Great Lakes from an environmental and economic disaster, Congress should strengthen existing laws and regulations by enacting legislation, such as the Pipeline Improvement and Preventing Spills Act of 2015 (S.2080), which will reduce the odds of a major spill and provide a framework for the most effective response if a spill does occur; and
Whereas, To prevent oil spills in the Great Lakes and improve our ability to respond to them, federal legislation needs to address a number of issues. Congress should ban the dangerous shipment of crude oil by tanker vessels in the Great Lakes and should institute a comprehensive review of Great Lakes pipelines. Analysis is needed to better understand the risks associated with pipelines in the Great Lakes region and to craft more comprehensive spill response plans which are specifically suited for the conditions present in the Great Lakes; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation to ban crude oil shipments on the Great Lakes and call for a comprehensive review of Great Lakes pipelines and spill response times; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Natural Resources.
Reps. Love, Moss, Hovey-Wright, Rutledge, Glenn, Sheppard, Graves, Canfield, Barrett, Howrylak, Kelly, LaVoy, Pagan and Potvin offered the following resolution:
House Resolution No. 171.
A resolution to declare November 2015 as Gratitude Month in the state of Michigan.
Whereas, The month of November holds national holidays such as Thanksgiving and Veterans Day. These two federal holidays both have a binding commonality as they both bring to the collective memory of our nation the consideration of the gift of sacrifice and its impact on others; and
Whereas, We honor our veterans in the month of November and are thankful for all of their past and future sacrifices. In this month of thanksgiving, we contemplate the untold heroics of our veterans that have allowed us to have the freedom and blessings that we experience today; these sacrifices can never be repaid. They have been a priceless gift to all of the citizens of this great state and the United States of America; and
Whereas, Thanksgiving is a time of enjoyment and reflection which is often overlooked. It’s labeled a shopping holiday when reflection on what we are most grateful for is warranted. Thanksgiving Day is a day when families gather and remember to be thankful for what we have been blessed to receive. We are thankful for our families, friends, and community. We are grateful for our jobs and homes and the freedoms that have been graciously bestowed upon us; and
Whereas, With beautiful landscape and great citizens, we have much to be thankful for in this state. We are surrounded by the largest fresh water system in the world. The citizens of this state are world renown and the innovations that have been launched from within these boarders have made us proud to be citizens of Michigan. We are grateful to move, live, and have our being in the shadow of those great men and women who have walked this path before us; and
Whereas, The state legislature is grateful for the trust and faith the citizens of Michigan have in this institution. We show gratitude for many reasons, not the least of which science has demonstrated that showing gratitude improves both physical and psychological health which is the foundation of our lives; now, therefore, be it
Resolved by the House of Representatives, That the members of legislative body declare November 2015 as Gratitude Month in the state of Michigan. We express our gratitude to the constituents of this great state.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Hooker, Aaron Miller, Chatfield, McBroom, Goike, Runestad, Dianda, Sheppard, Glardon, Callton, Outman, Inman, Potvin, Hovey-Wright, Vaupel, Heise, Canfield, Kosowski, Santana, Kivela, Moss, Singh, Yonker, Tedder, Lauwers, Rendon, LaVoy, Irwin, Clemente, Yanez, Derek Miller, Liberati, Chirkun, Cochran, Cole, Howrylak, Glenn, Forlini, Victory, Somerville and Barrett offered the following resolution:
House Resolution No. 172.
A resolution to encourage the business community and the citizens of Michigan to preserve the original intentions of Thanksgiving Day by refraining from offering or participating in sales promotions, and to encourage community organizations and religious institutions to offer their own events for individuals unable to celebrate with family and friends.
Whereas, On October 3, 1789, President George Washington proclaimed the final Thursday in November a national day of reflection, gratitude, and rest so that the citizens of the United States could recognize and celebrate the fruits of American labor. For the past 226 years, families and communities across this nation have come together in celebration and brotherhood to express gratitude and appreciation for one another on this day; and
Whereas, Citizens in the state of Michigan deserve the opportunity to observe and celebrate our national day of Thanksgiving. In recent years, non-essential businesses, such as retail establishments, have steadily encroached upon this day, using sales promotions and other marketing techniques to entice consumers away from their celebrations, and requiring employees to forgo or limit the enjoyment and togetherness brought by this holiday. This is a detriment to the employees, their families, and our communities; and
Whereas, For the sake of our communities and citizens, non-essential businesses in Michigan should support their employees and their families by observing this great holiday. In keeping with the spirit of Thanksgiving and to honor their workers, non-essential businesses should refrain from using sales promotions and other marketing techniques that entice individuals away from their celebrations and mandate the absence of employees from these celebrations; and
Whereas, Business and public services that are necessary for the well-being of our communities should make every attempt to allow their employees the opportunity to celebrate Thanksgiving Day. Emergencies and natural events don’t observe holidays, and our communities rely on people like first responders, hospital workers, and utility workers to combat these events. These individuals forfeit part of their holiday for the safety and well-being of Michigan’s families, and employers should ensure these individuals the best opportunity to celebrate with their family and friends; and
Whereas, Citizens of Michigan should refrain from participating in commercial events on Thanksgiving Day. A gesture of respect and caring to their fellow citizens, refraining from participating in these events would demonstrate to businesses that we support Michigan’s working families. Moreover, drawing people out of their homes and into the streets creates additional demands on public services, like police, fire, and medical professionals, demands that must be met; now, therefore, be it
Resolved by the House of Representatives, That we encourage the business community and the citizens of Michigan to preserve the original intentions of Thanksgiving Day by refraining from offering or participating in sales promotions; and be it further
Resolved, That for citizens of this state without family or friends with which to celebrate this holiday, we encourage community organizations and religious institutions to offer their own events and community spaces in celebration and brotherhood.
The resolution was referred to the Committee on Commerce and Trade.
______
Associate Speaker Pro Tempore Franz called Associate Speaker Pro Tempore Cox to the Chair.
Second Reading of Bills
House Bill No. 4742, entitled
A bill to make uniform the laws relating to support enforcement; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Kosowski moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4743, entitled
A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending section 3 (MCL 400.233), as amended by 2014 PA 381.
The bill was read a second time.
Rep. Kosowski moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4744, entitled
A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2014 PA 373.
The bill was read a second time.
Rep. Kesto moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4745, entitled
A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending section 2 (MCL 552.502), as amended by 2009 PA 233.
The bill was read a second time.
Rep. Heise 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
House Bill No. 4817, entitled
A bill to establish the Michigan junior achievement fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 370 Yeas—105
Afendoulis Garrett LaFontaine Price
Banks Gay-Dagnogo Lane Pscholka
Barrett Geiss Lauwers Rendon
Bizon Glardon LaVoy Roberts, B.
Brinks Glenn Leonard Roberts, S.
Brunner Goike Leutheuser Robinson
Bumstead Graves Liberati Runestad
Byrd Greig Love Rutledge
Callton Greimel Lucido Santana
Canfield Guerra Lyons Schor
Chang Heise Maturen Sheppard
Chatfield Hoadley McBroom Singh
Chirkun Hooker McCready Smiley
Clemente Hovey-Wright Miller, A. Somerville
Cochran Howrylak Miller, D. Talabi
Cole Hughes Moss Tedder
Cotter Iden Muxlow Theis
Cox Inman Neeley Townsend
Crawford Irwin Nesbitt Vaupel
Darany Jacobsen Outman VerHeulen
Dianda Jenkins Pagan Victory
Durhal Johnson Pagel Webber
Faris Kelly Pettalia Wittenberg
Farrington Kesto Phelps Yanez
Forlini Kivela Plawecki Yonker
Franz Kosowski Potvin Zemke
Garcia
Nays—1
Poleski
In The Chair: Cox
The House agreed to the title of the bill.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Poleski, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
Thank you for this opportunity to explain my No vote on HBs 4817 and 4818.
It has been my consistent view that our income tax returns are not the proper place to collect charitable contributions. I have voted no on all such bills during my tenure.
This is not a reflection upon the charity or the bill sponsor, both of whose reputations are beyond reproach.
Thank you, Mr. Speaker, for this opportunity to explain my vote.”
House Bill No. 4818, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 371 Yeas—105
Afendoulis Garrett LaFontaine Price
Banks Gay-Dagnogo Lane Pscholka
Barrett Geiss Lauwers Rendon
Bizon Glardon LaVoy Roberts, B.
Brinks Glenn Leonard Roberts, S.
Brunner Goike Leutheuser Robinson
Bumstead Graves Liberati Runestad
Byrd Greig Love Rutledge
Callton Greimel Lucido Santana
Canfield Guerra Lyons Schor
Chang Heise Maturen Sheppard
Chatfield Hoadley McBroom Singh
Chirkun Hooker McCready Smiley
Clemente Hovey-Wright Miller, A. Somerville
Cochran Howrylak Miller, D. Talabi
Cole Hughes Moss Tedder
Cotter Iden Muxlow Theis
Cox Inman Neeley Townsend
Crawford Irwin Nesbitt Vaupel
Darany Jacobsen Outman VerHeulen
Dianda Jenkins Pagan Victory
Durhal Johnson Pagel Webber
Faris Kelly Pettalia Wittenberg
Farrington Kesto Phelps Yanez
Forlini Kivela Plawecki Yonker
Franz Kosowski Potvin Zemke
Garcia
Nays—1
Poleski
In The Chair: Cox
The House agreed to the title of the bill.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Poleski, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
Thank you for this opportunity to explain my No vote on HBs 4817 and 4818.
It has been my consistent view that our income tax returns are not the proper place to collect charitable contributions. I have voted no on all such bills during my tenure.
This is not a reflection upon the charity or the bill sponsor, both of whose reputations are beyond reproach.
Thank you, Mr. Speaker, for this opportunity to explain my vote.”
______
The Speaker Pro Tempore assumed the Chair.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Nesbitt moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Nesbitt moved that the Committee on Roads and Economic Development be discharged from further consideration of Senate Bill No. 414.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Nesbitt moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Nesbitt moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 4370.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Nesbitt moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Nesbitt moved that the Committee on Transportation and Infrastructure be discharged from further consideration of House Bill No. 4736.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Nesbitt moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Nesbitt moved that the Committee on Transportation and Infrastructure be discharged from further consideration of House Bill No. 4737.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Nesbitt moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Nesbitt moved that the Committee on Transportation and Infrastructure be discharged from further consideration of House Bill No. 4738.
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Third Reading of Bills
Senate Bill No. 152, entitled
A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending the title and sections 10, 11, 12, 20, 21, 22, 30, 31, 33, 34, 35, 40, 41, 42, 44, 45, 47, 48, 55, 57, and 58 (MCL 338.3610, 338.3611, 338.3612, 338.3620, 338.3621, 338.3622, 338.3630, 338.3631, 338.3633, 338.3634, 338.3635, 338.3640, 338.3641, 338.3642, 338.3644, 338.3645, 338.3647, 338.3648, 338.3655, 338.3657, and 338.3658), sections 10, 11, 12, 21, 31, 34, 35, 47, 48, 55, 57, and 58 as amended by 2007 PA 196, sections 20 and 33 as amended by 2012 PA 546, and section 22 as amended by 2010 PA 100, and by adding sections 33a, 33b, 33c, 33d, 49, 49a, and 54a; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 372 Yeas—97
Afendoulis Geiss Lauwers Price
Banks Glardon LaVoy Pscholka
Barrett Goike Leonard Rendon
Bizon Graves Leutheuser Roberts, B.
Brinks Greig Liberati Roberts, S.
Byrd Greimel Love Robinson
Callton Guerra Lucido Runestad
Canfield Heise Lyons Rutledge
Chang Hoadley Maturen Santana
Chirkun Hooker McBroom Schor
Clemente Hovey-Wright McCready Sheppard
Cochran Howrylak Miller, A. Singh
Cotter Hughes Miller, D. Smiley
Cox Iden Moss Talabi
Crawford Inman Muxlow Tedder
Darany Irwin Neeley Townsend
Dianda Jacobsen Nesbitt Vaupel
Durhal Jenkins Outman VerHeulen
Faris Johnson Pagan Victory
Farrington Kesto Pagel Webber
Forlini Kivela Pettalia Wittenberg
Franz Kosowski Plawecki Yanez
Garcia LaFontaine Poleski Yonker
Garrett Lane Potvin Zemke
Gay-Dagnogo
Nays—9
Brunner Cole Kelly Somerville
Bumstead Glenn Phelps Theis
Chatfield
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 regulate certain forms of boxing; to create certain commissions and to provide certain powers and duties for certain state agencies and departments; to license and regulate certain persons engaged in boxing, certain persons connected to the business of boxing, and certain persons conducting certain contests and exhibitions; to confer immunity under certain circumstances; to provide for the conducting of certain tests; to assess certain fees; to create certain funds; to promulgate rules; to provide for penalties and remedies; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4736, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2015 PA 78.
The bill was read a second time.
Rep. McCready moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. McCready moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4738, entitled
A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 6, and 8 (MCL 207.1002, 207.1003, 207.1006, and 207.1008), section 2 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268.
The bill was read a second time.
Rep. VerHeulen moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. VerHeulen moved to amend the bill as follows:
1. Amend page 10, line 8, after “OCTOBER” by inserting “1”.
The motion prevailed and 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.
Senate Bill No. 414, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2012 PA 223.
The bill was read a second time.
Rep. Farrington moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Irwin moved to amend the bill as follows:
1. Amend page 2, line 10, by striking out all of subdivision (C) and inserting:
“(C) SUBJECT TO SUBDIVISION (D), FOR EACH TAX YEAR BEGINNING ON AND AFTER JANUARY 1, 2018, BOTH OF THE FOLLOWING APPLY:
(i) IF THE PERCENTAGE INCREASE IN THE TOTAL GENERAL FUND/GENERAL PURPOSE REVENUE FROM THE IMMEDIATELY PRECEDING FISCAL YEAR IS GREATER THAN THE INFLATION RATE FOR THE SAME PERIOD AND THE INFLATION RATE IS POSITIVE, THEN THE CURRENT RATE SHALL BE REDUCED BY AN AMOUNT DETERMINED BY MULTIPLYING THAT RATE BY A FRACTION, THE NUMERATOR OF WHICH IS THE DIFFERENCE BETWEEN THE TOTAL GENERAL FUND/GENERAL PURPOSE REVENUE FROM THE IMMEDIATELY PRECEDING STATE FISCAL YEAR AND THE CAPPED GENERAL FUND/GENERAL PURPOSE REVENUE AND THE DENOMINATOR OF WHICH IS THE TOTAL REVENUE COLLECTED FROM THIS PART IN THE IMMEDIATELY PRECEDING STATE FISCAL YEAR.
(ii) IF THE CAPPED GENERAL FUND/GENERAL PURPOSE REVENUE IS GREATER THAN THE TOTAL GENERAL FUND/GENERAL PURPOSE REVENUE FROM THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, THEN THE CURRENT RATE SHALL BE INCREASED BY MULTIPLYING THE PRIOR YEAR TAX RATE BY 1 PLUS A FRACTION, THE NUMERATOR OF WHICH IS THE TOTAL GENERAL FUND/GENERAL PURPOSE REVENUE FROM THE IMMEDIATELY PRECEDING STATE FISCAL YEAR SUBTRACTED FROM THE CAPPED GENERAL FUND/GENERAL PURPOSE REVENUE AND THE DENOMINATOR OF WHICH IS THE TOTAL REVENUE COLLECTED FROM THIS PART IN THE IMMEDIATELY PRECEDING STATE FISCAL YEAR.
(D) THE RATE ALLOWED UNDER THIS SUBSECTION SHALL NOT EXCEED 4.25%.
(2) FOR PURPOSES OF SUBSECTION (1)(C) ONLY, THE STATE TREASURER, THE DIRECTOR OF THE SENATE FISCAL AGENCY, AND THE DIRECTOR OF THE HOUSE FISCAL AGENCY SHALL DETERMINE WHETHER THE TOTAL REVENUE DISTRIBUTED TO GENERAL FUND/GENERAL PURPOSE REVENUE HAS CHANGED AS PROVIDED UNDER SUBSECTION (1)(C) BASED ON THE COMPREHENSIVE ANNUAL FINANCIAL REPORT PREPARED AND PUBLISHED BY THE DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET IN ACCORDANCE WITH SECTION 23 OF ARTICLE IX OF THE STATE CONSTITUTION OF 1963 AND REQUIRES A RATE ADJUSTMENT. THE STATE TREASURER, THE DIRECTOR OF THE SENATE FISCAL AGENCY, AND THE DIRECTOR OF THE HOUSE FISCAL AGENCY SHALL MAKE THE DETERMINATION UNDER THIS SUBSECTION NO LATER THAN THE DATE OF THE JANUARY 2018 REVENUE ESTIMATING CONFERENCE CONDUCTED PURSUANT TO SECTIONS 367A THROUGH 367F OF THE MANAGEMENT AND BUDGET ACT, 1984 PA 431, MCL 18.1367A TO 18.1367F, AND THE DATE OF EACH JANUARY REVENUE ESTIMATING CONFERENCE CONDUCTED EACH YEAR THEREAFTER.” and renumbering the remaining subsections.
2. Amend page 6, following line 5, by inserting:
“(D) “CAPPED GENERAL FUND/GENERAL PURPOSE REVENUE” MEANS THE TOTAL GENERAL FUND/GENERAL PURPOSE REVENUE FROM THE STATE FISCAL YEAR ENDING IN THE TAX YEAR 2 YEARS PRIOR TO THE TAX YEAR FOR WHICH THE ADJUSTMENT IS BEING MADE MULTIPLIED BY A FRACTION, THE NUMERATOR OF WHICH IS THE CONSUMER PRICE INDEX FOR THE STATE FISCAL YEAR ENDING IN THE TAX YEAR PRIOR TO THE TAX YEAR FOR WHICH THE ADJUSTMENT IS BEING MADE AND THE DENOMINATOR OF WHICH IS THE CONSUMER PRICE INDEX FOR THE STATE FISCAL YEAR ENDING IN THE TAX YEAR 2 YEARS PRIOR TO THE TAX YEAR FOR WHICH THE ADJUSTMENT IS BEING MADE.” and relettering the remaining subdivisions.
3. Amend page 6, following line 8, by inserting:
“(E) “TOTAL GENERAL FUND/GENERAL PURPOSE REVENUE” MEANS THE TOTAL GENERAL FUND/GENERAL PURPOSE REVENUE AND OTHER FINANCING SOURCES AS PUBLISHED IN THE COMPREHENSIVE ANNUAL FINANCIAL REPORT SCHEDULE OF REVENUE AND OTHER FINANCING SOURCES – GENERAL FUND FOR THAT FISCAL YEAR.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. LaVoy moved to amend the bill as follows:
1. Amend page 2, line 14, after “POSITIVE” by inserting “AND THE TOTAL OUTSTANDING DEBT OF THIS STATE IN THE IMMEDIATELY PRECEDING FISCAL YEAR IS LESS THAN THE TOTAL OUTSTANDING DEBT OF THIS STATE IN THE FISCAL YEAR BEFORE THE IMMEDIATELY PRECEDING FISCAL YEAR”.
2. Amend page 2, line 24, after “INCREASED” by inserting “AND WHETHER THE TOTAL OUTSTANDING DEBT OF THIS STATE IN THE IMMEDIATELY PRECEDING FISCAL YEAR IS LESS THAN THE TOTAL OUTSTANDING DEBT OF THIS STATE IN THE FISCAL YEAR BEFORE THE IMMEDIATELY PRECEDING FISCAL YEAR”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4370, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30, 520, and 522 (MCL 206.30, 206.520, and 206.522), section 30 as amended by 2012 PA 597, section 520 as amended by 2011 PA 273, and section 522 as amended by 2013 PA 206.
The bill was read a second time.
Rep. Potvin moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Howrylak moved to amend the bill as follows:
1. Amend page 5, line 14, after “$135,000.00” by inserting “THROUGH THE 2021 TAX YEAR. BEGINNING WITH THE 2022 TAX YEAR AND EACH TAX YEAR AFTER 2022, THE TAXABLE VALUE CAP UNDER THIS SUBSECTION SHALL BE ADJUSTED BY THE PERCENTAGE INCREASE IN THE UNITED STATES CONSUMER PRICE INDEX FOR THE IMMEDIATELY PRECEDING CALENDAR YEAR. THE DEPARTMENT SHALL ANNUALIZE THE AMOUNT IN THIS SUBSECTION AS NECESSARY”.
2. Amend page 7, line 27, after “$41,000.00.” by striking out “FOR” and inserting “EXCEPT AS OTHERWISE PROVIDED UNDER THIS SUBSECTION, FOR”.
3. Amend page 8, line 4, after “$51,000.00.” by inserting “BEGINNING WITH THE 2022 TAX YEAR AND EACH TAX YEAR AFTER 2022, THE MAXIMUM TOTAL HOUSEHOLD RESOURCES PHASE-OUT AMOUNT ESTABLISHED UNDER THIS SUBSECTION SHALL BE ADJUSTED BY THE PERCENTAGE INCREASE IN THE UNITED STATES CONSUMER PRICE INDEX FOR THE IMMEDIATELY PRECEDING CALENDAR YEAR. THE DEPARTMENT SHALL ANNUALIZE THE AMOUNT IN THIS SUBSECTION AS NECESSARY.”.
4. Amend page 9, line 15, after “year.” by striking out “FOR” and inserting “EXCEPT AS OTHERWISE PROVIDED UNDER THIS SUBSECTION, FOR”.
5. Amend page 9, line 17, after “YEAR.” by inserting “BEGINNING WITH THE 2022 TAX YEAR AND EACH TAX YEAR AFTER 2022, THE MAXIMUM AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR THE IMMEDIATELY PRECEDING TAX YEAR SHALL BE ADJUSTED BY THE PERCENTAGE INCREASE IN THE UNITED STATES CONSUMER PRICE INDEX FOR THE IMMEDIATELY PRECEDING CALENDAR YEAR. THE DEPARTMENT SHALL ROUND THE AMOUNT TO THE NEAREST $100.00 INCREMENT.
(16) AS USED IN THIS SECTION, “UNITED STATES CONSUMER PRICE INDEX” MEANS THE UNITED STATES CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS AS DEFINED AND REPORTED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS.”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Cole moved to amend the bill as follows:
1. Amend page 3, line 4, after “247.660” by inserting a comma and “AND DISBURSED AS PROVIDED IN SECTION (10)(1)(K) OF 1951 PA 51, MCL 247.660”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Durhal moved to amend the bill as follows:
1. Amend page 2, line 27, by striking out all of subsection (3) and renumbering the remaining subsections.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Singh moved to amend the bill as follows:
1. Amend page 2, line 27, by striking out all of subsection (3) and inserting:
“(3) IN ADDITION TO THE DISTRIBUTION UNDER SUBSECTION (2), BEGINNING OCTOBER 1, 2018 AND EACH OCTOBER 1 THEREAFTER, $200,000,000.00 OF THE REVENUE COLLECTED UNDER THIS SECTION SHALL BE DEPOSITED INTO THE STATE TREASURY TO THE CREDIT OF THE MICHIGAN TRANSPORTATION FUND CREATED IN SECTION 10 OF 1951 PA 51, MCL 247.660.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Hughes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4737, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2007 PA 210.
The bill was read a second time.
Rep. Lauwers moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Santana moved to amend the bill as follows:
1. Amend page 51, following line 2, by inserting:
“(14) WITH THE APPROVAL OF THE DIRECTOR OF THE DEPARTMENT, A CITY MAY USE UP TO 20% OF THE AMOUNT RECEIVED BY THAT CITY UNDER THIS SECTION FOR PUBLIC TRANSIT PURPOSES IF MORE THAN 10,000,000 PASSENGERS USED PUBLIC TRANSIT WITHIN THAT CITY DURING THE PREVIOUS FISCAL YEAR.” and renumbering the remaining subsection.
The motion prevailed and 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
Rep. Nesbitt moved that House Bill No. 4736 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4736, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2015 PA 78.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 373 Yeas—55
Afendoulis Garcia Lauwers Poleski
Barrett Glardon Leonard Potvin
Bizon Graves Leutheuser Price
Bumstead Heise Lucido Pscholka
Callton Howrylak Lyons Rendon
Canfield Hughes Maturen Roberts, B.
Chatfield Iden McBroom Santana
Cole Inman McCready Sheppard
Cotter Jacobsen Miller, A. Tedder
Cox Jenkins Muxlow VerHeulen
Crawford Johnson Nesbitt Victory
Farrington Kelly Outman Webber
Forlini Kesto Pagel Yonker
Franz LaFontaine Pettalia
Nays—51
Banks Gay-Dagnogo Lane Rutledge
Brinks Geiss LaVoy Schor
Brunner Glenn Liberati Singh
Byrd Goike Love Smiley
Chang Greig Miller, D. Somerville
Chirkun Greimel Moss Talabi
Clemente Guerra Neeley Theis
Cochran Hoadley Pagan Townsend
Darany Hooker Phelps Vaupel
Dianda Hovey-Wright Plawecki Wittenberg
Durhal Irwin Roberts, S. Yanez
Faris Kivela Robinson Zemke
Garrett Kosowski Runestad
In The Chair: Leonard
The House agreed to the title of the bill.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Nesbitt moved that House Bill No. 4738 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4738, entitled
A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 6, and 8 (MCL 207.1002, 207.1003, 207.1006, and 207.1008), section 2 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 374 Yeas—56
Afendoulis Glardon LaFontaine Poleski
Barrett Glenn Lauwers Potvin
Bizon Goike Leonard Price
Bumstead Graves Leutheuser Pscholka
Callton Heise Lyons Rendon
Canfield Howrylak Maturen Roberts, B.
Chatfield Hughes McBroom Santana
Cole Iden McCready Sheppard
Cotter Inman Miller, A. Tedder
Cox Jacobsen Muxlow Vaupel
Crawford Jenkins Nesbitt VerHeulen
Farrington Johnson Outman Victory
Forlini Kelly Pagel Webber
Garcia Kesto Pettalia Yonker
Nays—50
Banks Garrett LaVoy Runestad
Brinks Gay-Dagnogo Liberati Rutledge
Brunner Geiss Love Schor
Byrd Greig Lucido Singh
Chang Greimel Miller, D. Smiley
Chirkun Guerra Moss Somerville
Clemente Hoadley Neeley Talabi
Cochran Hooker Pagan Theis
Darany Hovey-Wright Phelps Townsend
Dianda Irwin Plawecki Wittenberg
Durhal Kivela Roberts, S. Yanez
Faris Kosowski Robinson Zemke
Franz Lane
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 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 8, 22, 40, 45, 53, 63, 122, 151, 152, 153, 154, and 155 (MCL 207.1002, 207.1003, 207.1008, 207.1022, 207.1040, 207.1045, 207.1053, 207.1063, 207.1122, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155), sections 2 and 122 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268; 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. Nesbitt moved that Senate Bill No. 414 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 414, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2012 PA 223.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 375 Yeas—61
Afendoulis Glenn Lauwers Potvin
Barrett Goike Leonard Price
Bizon Graves Leutheuser Pscholka
Bumstead Heise Lucido Rendon
Callton Hooker Lyons Roberts, B.
Canfield Howrylak Maturen Runestad
Chatfield Hughes McBroom Sheppard
Cole Iden McCready Somerville
Cotter Inman Miller, A. Tedder
Cox Jacobsen Muxlow Theis
Crawford Jenkins Nesbitt Vaupel
Farrington Johnson Outman VerHeulen
Forlini Kelly Pagel Victory
Franz Kesto Pettalia Webber
Garcia LaFontaine Poleski Yonker
Glardon
Nays—45
Banks Garrett Lane Robinson
Brinks Gay-Dagnogo LaVoy Rutledge
Brunner Geiss Liberati Santana
Byrd Greig Love Schor
Chang Greimel Miller, D. Singh
Chirkun Guerra Moss Smiley
Clemente Hoadley Neeley Talabi
Cochran Hovey-Wright Pagan Townsend
Darany Irwin Phelps Wittenberg
Dianda Kivela Plawecki Yanez
Durhal Kosowski Roberts, S. Zemke
Faris
In The Chair: Leonard
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Nesbitt moved that House Bill No. 4370 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4370, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30, 520, and 522 (MCL 206.30, 206.520, and 206.522), section 30 as amended by 2012 PA 597, section 520 as amended by 2011 PA 273, and section 522 as amended by 2013 PA 206.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 376 Yeas—62
Afendoulis Glenn Leonard Price
Barrett Goike Leutheuser Pscholka
Bizon Graves Lucido Rendon
Bumstead Heise Lyons Roberts, B.
Callton Hooker Maturen Runestad
Canfield Howrylak McBroom Santana
Chatfield Hughes McCready Sheppard
Cole Iden Miller, A. Somerville
Cotter Inman Muxlow Tedder
Cox Jacobsen Nesbitt Theis
Crawford Jenkins Outman Vaupel
Farrington Johnson Pagel VerHeulen
Forlini Kelly Pettalia Victory
Franz Kesto Poleski Webber
Garcia LaFontaine Potvin Yonker
Glardon Lauwers
Nays—44
Banks Faris Kosowski Roberts, S.
Brinks Garrett Lane Robinson
Brunner Gay-Dagnogo LaVoy Rutledge
Byrd Geiss Liberati Schor
Chang Greig Love Singh
Chirkun Greimel Miller, D. Smiley
Clemente Guerra Moss Talabi
Cochran Hoadley Neeley Townsend
Darany Hovey-Wright Pagan Wittenberg
Dianda Irwin Phelps Yanez
Durhal Kivela Plawecki Zemke
In The Chair: Leonard
The question being on agreeing to the title of the bill,
Rep. Nesbitt moved to amend the title to read as follows:
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 51, 520, and 522 (MCL 206.51, 206.520, and 206.522), section 51 as amended by 2012 PA 223, section 520 as amended by 2011 PA 273, and section 522 as amended by 2013 PA 206.
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. Nesbitt moved that House Bill No. 4737 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4737, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2007 PA 210.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 377 Yeas—101
Afendoulis Garcia Kosowski Poleski
Banks Gay-Dagnogo LaFontaine Potvin
Barrett Geiss Lane Price
Bizon Glardon Lauwers Pscholka
Brinks Glenn LaVoy Rendon
Brunner Goike Leonard Roberts, B.
Bumstead Graves Leutheuser Roberts, S.
Byrd Greig Liberati Runestad
Callton Greimel Love Rutledge
Canfield Guerra Lucido Santana
Chang Heise Lyons Sheppard
Chatfield Hoadley Maturen Singh
Chirkun Hooker McBroom Smiley
Clemente Hovey-Wright McCready Somerville
Cochran Howrylak Miller, A. Talabi
Cole Hughes Miller, D. Tedder
Cotter Iden Muxlow Theis
Cox Inman Neeley Townsend
Crawford Irwin Nesbitt Vaupel
Darany Jacobsen Outman VerHeulen
Dianda Jenkins Pagan Victory
Durhal Johnson Pagel Webber
Faris Kelly Pettalia Yanez
Farrington Kesto Phelps Yonker
Forlini Kivela Plawecki Zemke
Franz
Nays—5
Garrett Robinson Schor Wittenberg
Moss
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 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10, 11, 12, 13, and 14 (MCL 247.660, 247.661, 247.662, 247.663, and 247.664), section 10 as amended by 2007 PA 210, section 11 as amended by 2002 PA 639, sections 12 and 13 as amended by 2012 PA 298, and section 14 as amended by 1987 PA 234.
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. 4614, entitled
A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” by amending sections 3 and 5 (MCL 205.173 and 205.175).
(The bill was received from the Senate on July 14, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until July 15, see House Journal No. 63, p. 1514.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Sheppard moved to substitute (H-2) the Senate substitute (S-1).
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1), as substituted (H-2), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 378 Yeas—56
Afendoulis Glardon LaFontaine Poleski
Barrett Glenn Lauwers Potvin
Bizon Goike Leonard Price
Bumstead Graves Leutheuser Pscholka
Callton Heise Lyons Rendon
Canfield Howrylak Maturen Roberts, B.
Chatfield Hughes McBroom Santana
Cole Iden McCready Sheppard
Cotter Inman Miller, A. Tedder
Cox Jacobsen Muxlow Vaupel
Crawford Jenkins Nesbitt VerHeulen
Farrington Johnson Outman Victory
Forlini Kelly Pagel Webber
Garcia Kesto Pettalia Yonker
Nays—50
Banks Garrett LaVoy Runestad
Brinks Gay-Dagnogo Liberati Rutledge
Brunner Geiss Love Schor
Byrd Greig Lucido Singh
Chang Greimel Miller, D. Smiley
Chirkun Guerra Moss Somerville
Clemente Hoadley Neeley Talabi
Cochran Hooker Pagan Theis
Darany Hovey-Wright Phelps Townsend
Dianda Irwin Plawecki Wittenberg
Durhal Kivela Roberts, S. Yanez
Faris Kosowski Robinson Zemke
Franz Lane
In The Chair: Leonard
The House agreed to the full title.
The Speaker laid before the House
House Bill No. 4616, entitled
A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 1, 2, 2a, 4, 5, 6a, 8, 9, and 10 (MCL 207.211, 207.212, 207.212a, 207.214, 207.215, 207.216a, 207.218, 207.219, and 207.220), section 1 as amended by 2002 PA 667, sections 2 and 4 as amended by 2006 PA 346, section 2a as added by 1994 PA 353, section 5 as amended and section 6a as added by 1996 PA 584, and section 8 as amended by 2006 PA 449.
(The bill was received from the Senate on July 14, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until July 15, see House Journal No. 63, p. 1515.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. McCready moved to substitute (H-2) the Senate substitute (S-1).
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1), as substituted (H-2), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 379 Yeas—56
Afendoulis Glardon LaFontaine Poleski
Barrett Glenn Lauwers Potvin
Bizon Goike Leonard Price
Bumstead Graves Leutheuser Pscholka
Callton Heise Lyons Rendon
Canfield Howrylak Maturen Roberts, B.
Chatfield Hughes McBroom Santana
Cole Iden McCready Sheppard
Cotter Inman Miller, A. Tedder
Cox Jacobsen Muxlow Vaupel
Crawford Jenkins Nesbitt VerHeulen
Farrington Johnson Outman Victory
Forlini Kelly Pagel Webber
Garcia Kesto Pettalia Yonker
Nays—50
Banks Garrett LaVoy Runestad
Brinks Gay-Dagnogo Liberati Rutledge
Brunner Geiss Love Schor
Byrd Greig Lucido Singh
Chang Greimel Miller, D. Smiley
Chirkun Guerra Moss Somerville
Clemente Hoadley Neeley Talabi
Cochran Hooker Pagan Theis
Darany Hovey-Wright Phelps Townsend
Dianda Irwin Plawecki Wittenberg
Durhal Kivela Roberts, S. Yanez
Faris Kosowski Robinson Zemke
Franz Lane
In The Chair: Leonard
The House agreed to the full title.
The Speaker laid before the House
House Bill No. 4610, entitled
A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” (MCL 220.1 to 239.6) by adding section 19c to chapter IV.
(The bill was received from the Senate on July 14, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until July 15, see House Journal No. 63, p. 1512.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Dianda moved to amend the Senate substitute (S-1) as follows:
1. Amend page 7, following line 2, by inserting:
“(11) AS USED IN THIS SECTION, “ROAD PROJECT” DOES NOT INCLUDE MAINTENANCE AS THAT TERM IS DEFINED IN SECTION 19A OF THIS CHAPTER.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
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. 380 Yeas—62
Afendoulis Glenn Leonard Price
Barrett Goike Leutheuser Pscholka
Bizon Graves Lucido Rendon
Bumstead Heise Lyons Roberts, B.
Callton Hooker Maturen Runestad
Canfield Howrylak McBroom Santana
Chatfield Hughes McCready Sheppard
Cole Iden Miller, A. Somerville
Cotter Inman Muxlow Tedder
Cox Jacobsen Nesbitt Theis
Crawford Jenkins Outman Vaupel
Farrington Johnson Pagel VerHeulen
Forlini Kelly Pettalia Victory
Franz Kesto Poleski Webber
Garcia LaFontaine Potvin Yonker
Glardon Lauwers
Nays—44
Banks Faris Kosowski Roberts, S.
Brinks Garrett Lane Robinson
Brunner Gay-Dagnogo LaVoy Rutledge
Byrd Geiss Liberati Schor
Chang Greig Love Singh
Chirkun Greimel Miller, D. Smiley
Clemente Guerra Moss Talabi
Cochran Hoadley Neeley Townsend
Darany Hovey-Wright Pagan Wittenberg
Dianda Irwin Phelps Yanez
Durhal Kivela Plawecki Zemke
In The Chair: Leonard
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4611, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 11c (MCL 247.661c), as amended by 2002 PA 498.
(The bill was received from the Senate on July 14, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until July 15, see House Journal No. 63, p. 1513.)
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. 381 Yeas—62
Afendoulis Glenn Leonard Price
Barrett Goike Leutheuser Pscholka
Bizon Graves Lucido Rendon
Bumstead Heise Lyons Roberts, B.
Callton Hooker Maturen Runestad
Canfield Howrylak McBroom Santana
Chatfield Hughes McCready Sheppard
Cole Iden Miller, A. Somerville
Cotter Inman Muxlow Tedder
Cox Jacobsen Nesbitt Theis
Crawford Jenkins Outman Vaupel
Farrington Johnson Pagel VerHeulen
Forlini Kelly Pettalia Victory
Franz Kesto Poleski Webber
Garcia LaFontaine Potvin Yonker
Glardon Lauwers
Nays—44
Banks Faris Kosowski Roberts, S.
Brinks Garrett Lane Robinson
Brunner Gay-Dagnogo LaVoy Rutledge
Byrd Geiss Liberati Schor
Chang Greig Love Singh
Chirkun Greimel Miller, D. Smiley
Clemente Guerra Moss Talabi
Cochran Hoadley Neeley Townsend
Darany Hovey-Wright Pagan Wittenberg
Dianda Irwin Phelps Yanez
Durhal Kivela Plawecki Zemke
In The Chair: Leonard
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4286, 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 Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Nesbitt moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 382 Yeas—95
Afendoulis Geiss Lauwers Price
Banks Glardon LaVoy Pscholka
Barrett Goike Leonard Rendon
Bizon Graves Leutheuser Roberts, B.
Brinks Greig Liberati Roberts, S.
Byrd Greimel Love Runestad
Callton Guerra Lucido Rutledge
Canfield Heise Lyons Santana
Chang Hoadley Maturen Schor
Chirkun Hooker McBroom Sheppard
Clemente Hovey-Wright McCready Singh
Cochran Howrylak Miller, A. Smiley
Cotter Hughes Miller, D. Talabi
Cox Iden Moss Tedder
Crawford Inman Muxlow Townsend
Darany Irwin Neeley Vaupel
Dianda Jacobsen Nesbitt VerHeulen
Durhal Jenkins Outman Victory
Faris Johnson Pagan Webber
Farrington Kesto Pagel Wittenberg
Forlini Kivela Pettalia Yanez
Franz Kosowski Plawecki Yonker
Garcia LaFontaine Poleski Zemke
Garrett Lane Potvin
Nays—11
Brunner Cole Kelly Somerville
Bumstead Gay-Dagnogo Phelps Theis
Chatfield Glenn Robinson
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.
Second Reading of Bills
House Bill No. 4480, entitled
A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 3 (MCL 722.23), as amended by 1993 PA 259.
The bill was read a second time.
Rep. Heise moved to amend the bill as follows:
1. Amend page 2, following line 23, by inserting:
“Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Heise moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Heise moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Nesbitt moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
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 Wednesday, October 21:
House Bill Nos. 4999 5000 5001 5002 5003 5004 5005 5006
Senate Bill Nos. 569 570 571
The Clerk announced that the following Senate bills had been received on Wednesday, October 21:
Senate Bill Nos. 326 421 422
Reports of Standing Committees
The Committee on Appropriations, by Rep. Pscholka, Chair, reported
House Bill No. 4898, entitled
A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending sections 1, 2, 5a, 6, 7, and 9 (MCL 287.331, 287.332, 287.335a, 287.336, 287.337, and 287.339), sections 1, 6, 7, and 9 as amended by 1997 PA 7 and section 5a as added by 1980 PA 214, and by adding section 9c.
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Pscholka, Bumstead, Jenkins, Poleski, Potvin, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Garcia, Inman, Aaron Miller, Santana, Faris, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan
Nays: Reps. Kelly and Irwin
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Pscholka, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, October 21, 2015
Present: Reps. Pscholka, Bumstead, Jenkins, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Garcia, Inman, Aaron Miller, Santana, Irwin, Sarah Roberts, Faris, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan
Absent: Reps. Muxlow and Banks
Excused: Reps. Muxlow and Banks
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
House Bill No. 4871, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 520 (MCL 206.520), as amended by 2011 PA 273.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd
Nays: None
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
Senate Bill No. 349, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78b and 78c (MCL 211.78b and 211.78c), as amended by 2003 PA 263.
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
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
Senate Bill No. 369, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4o (MCL 205.94o), as amended by 2012 PA 474.
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
The Committee on Tax Policy, by Rep. Farrington, Chair, reported
Senate Bill No. 370, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4t (MCL 205.54t), as amended by 2010 PA 116.
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, October 21, 2015
Present: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd
The Committee on Agriculture, by Rep. Lauwers, Chair, reported
Senate Bill No. 477, entitled
A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending section 6 (MCL 288.476), as amended by 2008 PA 136.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Hughes, Brett Roberts, Sheppard, Vaupel, Brunner, Darany, Talabi, LaVoy and Garrett
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lauwers, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, October 21, 2015
Present: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Hughes, Brett Roberts, Sheppard, Vaupel, Brunner, Darany, Talabi, LaVoy and Garrett
Absent: Rep. Driskell
The Committee on Local Government, by Rep. Chatfield, Chair, reported
House Bill No. 4292, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 19 of chapter XVI (MCL 776.19).
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. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner, Rutledge and Neeley
Nays: None
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, October 21, 2015
Present: Reps. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner, Rutledge and Neeley
The Committee on Tourism and Outdoor Recreation, by Rep. Rendon, Chair, reported
House Bill No. 4983, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74116 (MCL 324.74116), as amended by 2013 PA 81.
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. Rendon, Goike, Forlini, Pettalia, Cole, Brinks and Gay-Dagnogo
Nays: None
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, October 21, 2015
Present: Reps. Rendon, Goike, Forlini, Pettalia, Cole, Smiley, Brinks and Gay-Dagnogo
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, October 21, 2015
Present: Reps. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright and Liberati
Absent: Rep. Talabi
Excused: Rep. Talabi
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, October 21, 2015
Present: Reps. Franz, Brett Roberts, Yonker, Lauwers, Crawford, Garcia, Iden, Tedder, Dianda, Darany, Lane, Schor and Chirkun
Absent: Reps. Kesto and Moss
Excused: Reps. Kesto and Moss
Messages from the Senate
Senate Bill No. 326, entitled
A bill to designate an official airplane of the state of Michigan.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Senate Bill No. 421, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 653 (MCL 257.653).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Senate Bill No. 422, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12g of chapter XVII (MCL 777.12g), as amended by 2008 PA 467.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Justice.
Notices
October 20, 2015
Mr. Gary L. Randall
Clerk of the Michigan House of Representatives
70 Capitol Building
P.O. Box 30014
Lansing, MI 48909-7514
Dear Mr. Clerk,
Whereas MCL 388.1830a, Section 230a establishes a task force to “review, evaluate, discuss, and make recommendations regarding performance indicators established under the authority of Section 242 of 2005 PA 154,” as the house minority leader, I possess the right to designate one member. Hereby, I designate Representative Henry Yanez to serve on the task force therefore mentioned.
Sincerely,
Tim Greimel
Michigan House Democratic Leader
Messages from the Governor
Date: October 20, 2015
Time: 3:44 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4521 (Public Act No. 146, I.E.), being
An act to provide for the voluntary issuance of identification and patches for service animals; and to provide for certain powers and duties of the department of civil rights.
(Filed with the Secretary of State October 20, 2015, at 4:36 p.m.)
Date: October 19, 2015
Time: 8:49 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4527 (Public Act No. 147, I.E.), being
An act to amend 1981 PA 82, entitled “An act to prohibit the use of certain collars or harnesses and leashes on dogs in public places, except by deaf, audibly impaired, or otherwise physically limited persons; and to prescribe penalties,” by amending the title and sections 1, 2, and 3 (MCL 752.61, 752.62, and 752.63), the title and sections 1 and 2 as amended by 1984 PA 111, and by adding section 4.
(Filed with the Secretary of State October 20, 2015, at 4:38 p.m.)
Date: October 19, 2015
Time: 8:51 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4504 (Public Act No. 148, I.E.), being
An act to create the uniform forfeiture reporting act; to require certain reports by reporting agencies regarding seized and forfeited property; to prescribe the powers and duties of certain local and state officials; to provide for certain fees and the expenditure of those fees; to require certain audits; to require certain reports by the department of state police; to provide for the withholding of law enforcement funds under certain circumstances; and to repeal acts and parts of acts.
(Filed with the Secretary of State October 20, 2015, at 4:40 p.m.)
Date: October 19, 2015
Time: 8:53 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4500 (Public Act No. 149, I.E.), being
An act to amend 2004 PA 452, entitled “An act to prohibit certain acts and practices concerning identity theft; to require notification of a security breach of a database that contains certain personal information; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 445.61 to 445.79c) by adding section 19d.
(Filed with the Secretary of State October 20, 2015, at 4:42 p.m.)
Date: October 20, 2015
Time: 3:52 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4503 (Public Act No. 150, I.E.), being
An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding section 4710.
(Filed with the Secretary of State October 20, 2015, at 4:44 p.m.)
Date: October 19, 2015
Time: 8:55 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4506 (Public Act No. 151, I.E.), being
An act to amend 1978 PA 368, entitled “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,” (MCL 333.1101 to 333.25211) by adding section 7524b.
(Filed with the Secretary of State October 20, 2015, at 4:46 p.m.)
Date: October 20, 2015
Time: 3:57 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4507 (Public Act No. 152, I.E.), being
An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding section 3841.
(Filed with the Secretary of State October 20, 2015, at 4:48 p.m.)
Date: October 20, 2015
Time: 3:48 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4499 (Public Act No. 153, I.E.), being
An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 3815 (MCL 600.3815), as amended by 2014 PA 387.
(Filed with the Secretary of State October 20, 2015, at 4:50 p.m.)
Date: October 20, 2015
Time: 3:55 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4505 (Public Act No. 154, I.E.), being
An act to amend 1978 PA 368, entitled “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,” by amending section 7521 (MCL 333.7521), as amended by 2001 PA 236.
(Filed with the Secretary of State October 20, 2015, at 4:52 p.m.)
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
October 9, 2015
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-022-LR (Secretary of State Filing #15-10-04) on this date at 4:07 P.M. for the Department of Licensing and Regulatory Affairs entitled “Construction Code – Part 5. Residential Code”.
These rules take effect 120 days after filing with the Secretary of State.
October 9, 2015
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-095-LR (Secretary of State Filing #15-10-05) on this date at 4:07 P.M. for the Department of Licensing and Regulatory Affairs entitled “Construction Code –Part 10. Michigan Energy Code”.
These rules take effect 120 days after filed with the Secretary of State.
October 16, 2015
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-023-EQ (Secretary of State Filing #15-10-06) on this date at 4:14 P.M. for the Department of Environmental Quality entitled “Supplying Water to the Public”.
These rules take effect immediately upon filing with the Secretary of State.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
Introduction of Bills
Rep. Callton introduced
House Bill No. 5007, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 15, 18, and 168 (MCL 388.1615, 388.1618, and 388.1768), section 15 as amended by 2015 PA 85, section 18 as amended by 2015 PA 114, and section 168 as amended by 2014 PA 196.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Irwin, Yanez, Greig, Dianda, Robinson, Zemke, Driskell, Plawecki, Faris, Pagan, Geiss, Sarah Roberts and Hovey-Wright introduced
House Bill No. 5008, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7xx.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Irwin, Dianda, Hoadley, Geiss, Pagan, Robinson, LaVoy, Sarah Roberts, Wittenberg, Schor and Love introduced
House Bill No. 5009, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Sheppard, Kosowski and Iden introduced
House Bill No. 5010, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1241.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Iden, Kosowski and Sheppard introduced
House Bill No. 5011, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Kosowski, Iden and Sheppard introduced
House Bill No. 5012, entitled
A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” (MCL 28.1 to 28.16) by adding section 17.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Hoadley, Plawecki, McBroom, Moss, Geiss, Inman, Hovey-Wright, Sarah Roberts, Lane, Chirkun, Faris, Chang, Talabi, Garrett, Love, Brunner, Smiley, Cochran, Robinson, Darany, Singh, Kivela, Irwin, Pagan, Greig, Santana, Dianda, Zemke, LaVoy, Phelps, Schor and Kosowski introduced
House Bill No. 5013, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21525.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Announcements by the Clerk
October 20, 2015
Received from the Auditor General a copy of the following audit reports and/or report summaries:
Follow-up report on the performance audit of the Office of Professional Preparation Services, Michigan Department of Education, October 2015.
Performance audit report of the Bellamy Creek Correctional Facility, Department of Corrections, October 2015.
Gary L. Randall
Clerk of the House
______
Rep. Franz moved that the House adjourn.
The motion prevailed, the time being 9:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, October 22, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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