No. 98
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2015
House Chamber, Lansing, Tuesday, December 8, 2015.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present 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 Glynn McMorris, Pastor of Mio Baptist Church in Mio, offered the following invocation:
“Our Dear Heavenly Father,
As this legislative body prepares to do the people’s business today I first want to give thanks for this holiday season that celebrates the birth of the Savior Jesus Christ. As we celebrate His birth this Christmas season we are reminded that this legislative assembly before You today is due to our founding fathers faith in You. It is though the teachings of Christ and the Holy Bible that our founding fathers attained to the high ideals of integrity, justice, equality, dignity, responsibility, decency and morality which enabled us to establish this representative form of government.
I also want to thank You for the men and women who comprise our government and have dedicated themselves to public service. I pray that they would be men and women of integrity, morality, and wisdom. May they look to You for guidance as they lead this great state.
I also want to ask Your blessings and protection over these men and women. We live in dangerous and troubled times and I pray for Your divine intervention to keep them and their families safe from all harm.
May their efforts here today bring the blessings of peace and prosperity from You upon this great state of Michigan.
In Jesus name we pray, amen.”
______
Rep. Garcia moved that Rep. Muxlow be excused from today’s session.
The motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 184.
A resolution to urge the United States Senate to concur with the United States House of Representatives and repeal the country-of-origin labeling regulations.
(For text of resolution, see House Journal No. 93, p. 1992.)
(The resolution was reported by the Committee on Commerce and Trade on December 1.)
The question being on the adoption of the resolution,
Rep. Schor moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution No. 184.
A resolution to urge the United States Senate to concur with the United States House of Representatives, repeal the country-of-origin labeling regulations, and support a voluntary “Product of the U.S.” label for domestic meat.
Whereas, The United States and Canada have the largest trading relationship in the world, with bilateral trade valued at $759 billion in 2014, an association that benefits the economies of both countries. Michigan’s merchandise exports to Canada in 2014 were valued at $25.4 billion, and 259,000 Michigan jobs depend on trade and investment with Canada; and
Whereas, The U.S. has implemented mandatory country-of-origin labeling (COOL) rules requiring meats sold at retail stores to be labeled with information on the source of the meat. The World Trade Organization (WTO) has repeatedly ruled that COOL discriminates against imported livestock and is not compliant with international trade obligations. Due to the WTO rulings, the U.S. may be subject to $3.6 billion in retaliatory tariffs sought by Canada and Mexico; and
Whereas, COOL regulations also jeopardize the viability of the U.S. packing and feeding industries. The additional $500 million in annual compliance costs could lead to significant job losses and plant closures with potentially devastating impacts to local and state economies. All this for an issue the United States Department of Agriculture has clearly indicated is not about food safety; and
Whereas, The U.S. House of Representatives passed H.R. 2393 to repeal the mandatory labeling for certain meats in June 2015 with 300 votes, showing a strong recognition across party lines, as well as regionally, that COOL must be repealed. However, the U.S. Senate appears less inclined to repeal the COOL requirement, risking the American economy to billions of dollars in retaliatory tariffs; and
Whereas, A bipartisan solution has been proposed by U.S. Senator Stabenow (D-MI) and U.S. Senator Hoeven (R-ND) to repeal mandatory country-of-origin beef and pork labeling requirements and, instead, to allow a voluntary “Product of the U.S.” labels for domestic meat, similar to the current voluntary “Product of Canada” labels in use by Canada. This would provide American farmers and processors the ability to voluntarily give American consumers more information about their product while complying with the WTO findings concerning the mandatory labeling program, and with global trade rules for beef and pork; now, therefore, be it
Resolved by the House of Representatives, That we urge the United States Senate to concur with the United States House of Representatives and repeal the country-of-origin labeling regulations; and be it further
Resolved, That we support American farmers and processors by supporting a voluntary “Product of the U.S.” label for domestic meat which is similar to the voluntary “Product of Canada” label; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate and the members of the Michigan congressional delegation.
The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Third Reading of Bills
House Bill No. 4990, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 5f (MCL 117.5f), as amended by 2002 PA 201.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 448 Yeas—102
Afendoulis Garrett Lane Price
Banks Gay-Dagnogo Lauwers Pscholka
Barrett Geiss LaVoy Rendon
Bizon Glardon Leonard Roberts, B.
Brinks Glenn Leutheuser Roberts, S.
Brunner Graves Liberati Runestad
Bumstead Greig Love Rutledge
Byrd Greimel Lucido Santana
Callton Guerra Lyons Schor
Canfield Heise Maturen Sheppard
Chang Hoadley McBroom Singh
Chatfield Hooker McCready Smiley
Chirkun Hovey-Wright Miller, A. Somerville
Clemente Howrylak Miller, D. Talabi
Cochran Hughes Moss Tedder
Cole Iden Neeley Theis
Cotter Inman Nesbitt Townsend
Cox Irwin Outman Vaupel
Crawford Jacobsen Pagan VerHeulen
Darany Jenkins Pagel Victory
Driskell Johnson Pettalia Webber
Durhal Kelly Phelps Wittenberg
Faris Kesto Plawecki Yanez
Farrington Kivela Poleski Yonker
Forlini Kosowski Potvin Zemke
Garcia LaFontaine
Nays—4
Dianda Franz Goike Robinson
In The Chair: Leonard
The House agreed to the title of the bill.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4991, entitled
A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 36 (MCL 68.36), as amended by 2002 PA 276.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 449 Yeas—102
Afendoulis Garrett Lane Price
Banks Gay-Dagnogo Lauwers Pscholka
Barrett Geiss LaVoy Rendon
Bizon Glardon Leonard Roberts, B.
Brinks Glenn Leutheuser Roberts, S.
Brunner Graves Liberati Runestad
Bumstead Greig Love Rutledge
Byrd Greimel Lucido Santana
Callton Guerra Lyons Schor
Canfield Heise Maturen Sheppard
Chang Hoadley McBroom Singh
Chatfield Hooker McCready Smiley
Chirkun Hovey-Wright Miller, A. Somerville
Clemente Howrylak Miller, D. Talabi
Cochran Hughes Moss Tedder
Cole Iden Neeley Theis
Cotter Inman Nesbitt Townsend
Cox Irwin Outman Vaupel
Crawford Jacobsen Pagan VerHeulen
Darany Jenkins Pagel Victory
Driskell Johnson Pettalia Webber
Durhal Kelly Phelps Wittenberg
Faris Kesto Plawecki Yanez
Farrington Kivela Poleski Yonker
Forlini Kosowski Potvin Zemke
Garcia LaFontaine
Nays—4
Dianda Franz Goike Robinson
In The Chair: Leonard
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.
House Bill No. 4992, entitled
A bill to amend 1909 PA 278, entitled “The home rule village act,” by amending section 24b (MCL 78.24b), as amended by 2002 PA 277.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 450 Yeas—102
Afendoulis Garrett Lane Price
Banks Gay-Dagnogo Lauwers Pscholka
Barrett Geiss LaVoy Rendon
Bizon Glardon Leonard Roberts, B.
Brinks Glenn Leutheuser Roberts, S.
Brunner Graves Liberati Runestad
Bumstead Greig Love Rutledge
Byrd Greimel Lucido Santana
Callton Guerra Lyons Schor
Canfield Heise Maturen Sheppard
Chang Hoadley McBroom Singh
Chatfield Hooker McCready Smiley
Chirkun Hovey-Wright Miller, A. Somerville
Clemente Howrylak Miller, D. Talabi
Cochran Hughes Moss Tedder
Cole Iden Neeley Theis
Cotter Inman Nesbitt Townsend
Cox Irwin Outman Vaupel
Crawford Jacobsen Pagan VerHeulen
Darany Jenkins Pagel Victory
Driskell Johnson Pettalia Webber
Durhal Kelly Phelps Wittenberg
Faris Kesto Plawecki Yanez
Farrington Kivela Poleski Yonker
Forlini Kosowski Potvin Zemke
Garcia LaFontaine
Nays—4
Dianda Franz Goike Robinson
In The Chair: Leonard
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.
House Bill No. 4993, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 75b (MCL 41.75b), as amended by 2002 PA 226.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 451 Yeas—102
Afendoulis Garrett Lane Price
Banks Gay-Dagnogo Lauwers Pscholka
Barrett Geiss LaVoy Rendon
Bizon Glardon Leonard Roberts, B.
Brinks Glenn Leutheuser Roberts, S.
Brunner Graves Liberati Runestad
Bumstead Greig Love Rutledge
Byrd Greimel Lucido Santana
Callton Guerra Lyons Schor
Canfield Heise Maturen Sheppard
Chang Hoadley McBroom Singh
Chatfield Hooker McCready Smiley
Chirkun Hovey-Wright Miller, A. Somerville
Clemente Howrylak Miller, D. Talabi
Cochran Hughes Moss Tedder
Cole Iden Neeley Theis
Cotter Inman Nesbitt Townsend
Cox Irwin Outman Vaupel
Crawford Jacobsen Pagan VerHeulen
Darany Jenkins Pagel Victory
Driskell Johnson Pettalia Webber
Durhal Kelly Phelps Wittenberg
Faris Kesto Plawecki Yanez
Farrington Kivela Poleski Yonker
Forlini Kosowski Potvin Zemke
Garcia LaFontaine
Nays—4
Dianda Franz Goike Robinson
In The Chair: Leonard
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.
House Bill No. 4994, entitled
A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11c (MCL 46.11c), as amended by 2002 PA 275.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 452 Yeas—102
Afendoulis Garrett Lane Price
Banks Gay-Dagnogo Lauwers Pscholka
Barrett Geiss LaVoy Rendon
Bizon Glardon Leonard Roberts, B.
Brinks Glenn Leutheuser Roberts, S.
Brunner Graves Liberati Runestad
Bumstead Greig Love Rutledge
Byrd Greimel Lucido Santana
Callton Guerra Lyons Schor
Canfield Heise Maturen Sheppard
Chang Hoadley McBroom Singh
Chatfield Hooker McCready Smiley
Chirkun Hovey-Wright Miller, A. Somerville
Clemente Howrylak Miller, D. Talabi
Cochran Hughes Moss Tedder
Cole Iden Neeley Theis
Cotter Inman Nesbitt Townsend
Cox Irwin Outman Vaupel
Crawford Jacobsen Pagan VerHeulen
Darany Jenkins Pagel Victory
Driskell Johnson Pettalia Webber
Durhal Kelly Phelps Wittenberg
Faris Kesto Plawecki Yanez
Farrington Kivela Poleski Yonker
Forlini Kosowski Potvin Zemke
Garcia LaFontaine
Nays—4
Dianda Franz Goike Robinson
In The Chair: Leonard
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.
Senate Bill No. 151, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2011 PA 212.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 453 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
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”
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.
Senate Bill No. 400, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of part 121 and sections 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 454 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 question being on agreeing to the title of the bill,
Rep. Garcia moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending the heading of part 121 and sections 11704, 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.11704, 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), section 11704 as amended by 2004 PA 381, sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587.
The motion prevailed.
The House agreed to the title as amended.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 401, entitled
A bill to amend 1998 PA 138, entitled “Hazardous materials transportation act,” by amending sections 2 and 3 (MCL 29.472 and 29.473), section 2 as amended by 2013 PA 74.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 455 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
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to regulate the transportation of certain hazardous materials; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,”
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.
Senate Bill No. 402, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13c of chapter XVII (MCL 777.13c), as amended by 2006 PA 59.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 456 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
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”
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.
Senate Bill No. 529, entitled
A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872, 722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878, and 722.879), sections 2, 3, 4, and 9 as amended and sections 5a and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA 229, and by adding section 5c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 457 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 question being on agreeing to the title of the bill,
Rep. Garcia moved to amend the title to read as follows:
A bill to amend 2008 PA 260, entitled “An act to provide for assistance payments to certain guardians of minors; and to provide for duties and responsibilities of certain state departments and agencies,” by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872, 722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878, and 722.879), sections 2, 3, 4, and 9 as amended and sections 5a and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA 229, and by adding sections 5c and 5d.
The motion prevailed.
The House agreed to the title as amended.
Rep. Garcia moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 530, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2012 PA 163.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 458 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
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,”
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. 5105, entitled
A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending sections 3 and 7 (MCL 550.1733 and 550.1737), section 3 as amended by 2014 PA 162; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Iden moved to amend the bill as follows:
1. Amend page 3, line 20, by inserting:
“(6) Through June 30, 2014, if the assessment under this section collects revenue in an amount greater than $400,000,000.00, adjusted annually by the medical inflation rate since 2011, each carrier and third party administrator that paid the assessment shall receive a proportional credit against the carrier’s or third party administrator’s assessment in the immediately succeeding year. Beginning July 1, 2014, if the sum of the assessment under this section and the portion of the use tax assessed on entities under section 3f of the use tax act, 1937 PA 94, MCL 205.93f, that is dedicated to the general fund, less the general fund amount necessary to reimburse those entities for the cost of the use tax, is greater than $400,000,000.00, as adjusted annually by the medical inflation rate since 2011 but not to exceed an amount greater than $450,000,000.00, each carrier and third party administrator that paid the assessment shall receive a proportional credit against the carrier’s or third party administrator’s assessment in the immediately succeeding year. The department shall send a notice of credit to each carrier or third party administrator entitled to a credit under this subsection not later than July 1. A carrier or third party administrator entitled to a credit under this subsection shall apply that credit to the July 30 payment. Any unused credit shall be carried forward and applied to subsequent payments. If a carrier or third party administrator entitled to a credit under this subsection has no liability under this act in the immediately succeeding year or if this act is no longer in effect, the department shall issue that carrier or third party administrator a refund in the amount of any unused credit. If a third party administrator receives a credit or refund under this subsection, the third party administrator shall apply that credit or refund to the benefit of the entity for which it processed the claims under a service contract.”.
2. Amend page 5, line 17, after “only” by inserting “for the following:
(a) To”.
3. Amend page 5, line 18, by striking out “TO”.
4. Amend page 5, line 21, by inserting:
“(b) To pay any credits or refunds due under section 3(6).”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Pscholka moved to amend the bill as follows:
1. Amend page 5, line 24, by striking out all of enacting section 2.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Pscholka moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Garcia moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5105, entitled
A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending sections 3 and 7 (MCL 550.1733 and 550.1737), section 3 as amended by 2014 PA 162; 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. 459 Yeas—83
Afendoulis Geiss Leonard Price
Banks Glardon Leutheuser Pscholka
Brinks Greig Liberati Rendon
Brunner Guerra Love Roberts, B.
Bumstead Heise Lyons Robinson
Byrd Hoadley Maturen Rutledge
Callton Hovey-Wright McBroom Santana
Canfield Howrylak McCready Schor
Chirkun Hughes Miller, A. Sheppard
Clemente Iden Miller, D. Singh
Cotter Inman Moss Smiley
Crawford Irwin Neeley Somerville
Darany Jacobsen Nesbitt Talabi
Driskell Johnson Outman Townsend
Durhal Kelly Pagan VerHeulen
Farrington Kesto Pagel Victory
Forlini Kivela Pettalia Webber
Franz Kosowski Phelps Wittenberg
Garcia LaFontaine Plawecki Yonker
Garrett Lane Poleski Zemke
Gay-Dagnogo Lauwers Potvin
Nays—23
Barrett Cox Greimel Runestad
Bizon Dianda Hooker Tedder
Chang Faris Jenkins Theis
Chatfield Glenn LaVoy Vaupel
Cochran Goike Lucido Yanez
Cole Graves Roberts, S.
In The Chair: Leonard
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 5017, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending the title and sections 102, 103, 202, 214, 304, 305, 342, 345, 353, 355, 357, 401, 408, 409, 423, 431, and 432 (MCL 490.102, 490.103, 490.202, 490.214, 490.304, 490.305, 490.342, 490.345, 490.353, 490.355, 490.357, 490.401, 490.408, 490.409, 490.423, 490.431, and 490.432), sections 102, 214, 304, 342, 345, 357, 401, and 423 as amended by 2004 PA 471.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Financial Services,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Forlini moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5018, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending sections 201, 210, 221, 303, 306, and 341 (MCL 490.201, 490.210, 490.221, 490.303, 490.306, and 490.341), sections 201 and 341 as amended by 2004 PA 471.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Pettalia moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5019, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 407 (MCL 490.407), as amended by 2004 PA 471.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Financial Services,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Clemente moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5020, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 207 (MCL 490.207).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Theis moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5021, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 371 (MCL 490.371), as amended by 2004 PA 471.
The bill was read a second time.
Rep. Barrett moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5022, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 411 (MCL 490.411).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Love moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Garcia 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 and joint resolution had been printed and placed upon the files of the members on Friday, December 4:
House Bill Nos. 5109 5110 5111 5112 5113 5114 5115 5116 5117 5118 5119 5120
House Joint Resolution EE
Senate Bill Nos. 634 635 636 637 638 639 640 641
The Clerk announced that the following Senate bills had been received on Tuesday, December 8:
Senate Bill Nos. 481 482 483 485 513
Reports of Standing Committees
The Committee on Health Policy, by Rep. Callton, Chair, reported
House Bill No. 4582, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), as amended by 2006 PA 161, and by adding sections 17011a and 17511a.
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. Callton, Vaupel, Yonker, Graves, Hughes, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Brinks, Phelps, Liberati and Wittenberg
Nays: None
The Committee on Health Policy, by Rep. Callton, Chair, reported
House Bill No. 4583, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16189.
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. Callton, Vaupel, Yonker, Graves, Hughes, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Brinks, Phelps, Liberati and Wittenberg
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Callton, Chair, of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, December 8, 2015
Present: Reps. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Phelps, Liberati and Wittenberg
Absent: Reps. Kesto, Geiss and Neeley
Excused: Reps. Kesto, Geiss and Neeley
The Committee on Criminal Justice, by Rep. Heise, Chair, reported
House Bill No. 4868, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 3 (MCL 259.3), as amended by 2002 PA 35, and by adding section 98.
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. Heise, Webber, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Heise, Chair, of the Committee on Criminal Justice, was received and read:
Meeting held on: Tuesday, December 8, 2015
Present: Reps. Heise, Webber, Howrylak, Afendoulis, Lucido, Guerra, Hovey-Wright and Chang
The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported
Senate Bill No. 446, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111a (MCL 324.40111a), as amended by 2009 PA 199; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. LaFontaine, Rendon, Forlini, Goike, Lyons, McBroom, Kivela, Smiley and Plawecki
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. LaFontaine, Chair, of the Committee on Natural Resources, was received and read:
Meeting held on: Tuesday, December 8, 2015
Present: Reps. LaFontaine, Rendon, Forlini, Goike, Lyons, McBroom, Kivela, Smiley and Plawecki
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
Senate Bill No. 418, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25.
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. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
Senate Bill No. 425, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 35 (MCL 259.35), as amended by 2002 PA 352.
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. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
Senate Bill No. 426, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 34 (MCL 259.34), as amended by 1996 PA 370.
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. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
Senate Bill No. 612, entitled
A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 7 (MCL 259.7), as amended by 2002 PA 35.
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. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
Senate Bill No. 613, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226, and by adding section 6c.
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. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Pettalia, Chair, reported
Senate Bill No. 614, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2014 PA 80, and by adding section 6c.
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. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Pettalia, Chair, of the Committee on Transportation and Infrastructure, was received and read:
Meeting held on: Tuesday, December 8, 2015
Present: Reps. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, McCready, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Franz to the Chair.
The Committee on Elections, by Rep. Lyons, Chair, reported
Senate Bill No. 13, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 736c, 782b, 795c, 803, and 804 (MCL 168.736c, 168.782b, 168.795c, 168.803, and 168.804), section 736c as added by 2012 PA 128, section 795c as amended by 1990 PA 109, and section 803 as amended by 2004 PA 92.
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. Lyons, Leutheuser, Heise, Jacobsen and Kesto
Nays: Reps. Irwin and Hoadley
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lyons, Chair, of the Committee on Elections, was received and read:
Meeting held on: Tuesday, December 8, 2015
Present: Reps. Lyons, Leutheuser, Heise, Jacobsen, Kesto, Driskell, Irwin and Hoadley
The Committee on Commerce and Trade, by Rep. Graves, Chair, reported
House Bill No. 5070, entitled
A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 5 (MCL 408.1005), as amended by 2012 PA 447.
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. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn and Leutheuser
Nays: Reps. Schor, Townsend, Byrd, Geiss, Love and Moss
The Committee on Commerce and Trade, by Rep. Graves, Chair, reported
House Bill No. 5071, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 1 (MCL 408.471).
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. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn and Leutheuser
Nays: Reps. Schor, Townsend, Byrd, Geiss, Love and Moss
The Committee on Commerce and Trade, by Rep. Graves, Chair, reported
House Bill No. 5072, entitled
A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by amending section 2 (MCL 408.412).
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. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn and Leutheuser
Nays: Reps. Schor, Townsend, Byrd, Geiss, Love and Moss
The Committee on Commerce and Trade, by Rep. Graves, Chair, reported
House Bill No. 5073, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 41 (MCL 421.41), as amended by 2005 PA 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. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn and Leutheuser
Nays: Reps. Schor, Townsend, Byrd, Geiss, Love and Moss
The Committee on Commerce and Trade, by Rep. Graves, Chair, reported
Senate Bill No. 492, entitled
A bill to amend 1974 PA 269, entitled “Franchise investment law,” (MCL 445.1501 to 445.1546) by adding section 4b.
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. Graves, Sheppard, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn and Leutheuser
Nays: Reps. Schor, Townsend, Byrd, Geiss, Love and Moss
The Committee on Commerce and Trade, by Rep. Graves, Chair, reported
Senate Bill No. 493, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” (MCL 418.101 to 418.941) by adding section 120.
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. Graves, Sheppard, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn and Leutheuser
Nays: Reps. Schor, Townsend, Byrd, Geiss, Love and Moss
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Graves, Chair, of the Committee on Commerce and Trade, was received and read:
Meeting held on: Tuesday, December 8, 2015
Present: Reps. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn, Leutheuser, Schor, Townsend, Byrd, Geiss, Love and Moss
Absent: Rep. Garrett
Excused: Rep. Garrett
The Committee on Judiciary, by Rep. Kesto, Chair, reported
Senate Bill No. 518, 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.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra
Nays: None
The Committee on Judiciary, by Rep. Kesto, Chair, reported
Senate Bill No. 519, 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.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kesto, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, December 8, 2015
Present: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lyons, Chair, of the Committee on Elections, was received and read:
Meeting held on: Thursday, December 3, 2015
Present: Reps. Lyons, Leutheuser, Heise, Jacobsen, Kesto, Driskell, Irwin and Hoadley
Messages from the Senate
House Bill No. 4059, entitled
A bill to amend 1980 PA 300, entitled “An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 61 (MCL 38.1361), as amended by 2012 PA 464.
The Senate has concurred in the House amendments to the Senate substitute (S-8).
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 481, entitled
A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending sections 3 and 11 (MCL 123.1133 and 123.1141), as amended by 2003 PA 135, and by adding section 12.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Senate Bill No. 482, entitled
A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 2 and 4a (MCL 722.952 and 722.954a), section 2 as amended by 1997 PA 172 and section 4a as amended by 2010 PA 265.
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. 483, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 24 and 36 of chapter X and sections 13a and 18f of chapter XIIA (MCL 710.24, 710.36, 712A.13a, and 712A.18f), section 24 of chapter X as amended by 2014 PA 531, section 36 of chapter X as amended by 1996 PA 409, section 13a of chapter XIIA as amended by 2012 PA 163, and section 18f of chapter XIIA as amended by 2012 PA 115.
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. 485, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a and 18 of chapter XIIA (MCL 712A.13a and 712A.18), section 13a as amended by 2012 PA 163 and section 18 as amended by 2011 PA 295.
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. 513, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 3a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Communications from State Officers
The following communications from the Department of Insurance and Financial Services were received and read:
November 25, 2015
*NOTICE* Autism Coverage Fund Balance
The Autism Coverage Reimbursement Fund is fully depleted. Attached is a summary of the total reimbursements and unpaid claims. If additional funds subsequently become available, the unpaid claims will be paid in the order received.
December 7, 2015
*NOTICE* Autism Coverage Fund Balance
Per requests for updated information, attached is the revised Autism Coverage Fund report as of today. The only change from the 11/24/15 report is an additional $66,224 in claims that have been received, but will remain unpaid at this time due to lack of funds.
Penny Wright, Director
Financial & Administrative Services
Department of Insurance and Financial Services
Work: 517-284-8734
Cell: 517-896-8734
The communications were referred to the Clerk.
The following communication from the Department of State was received and read:
December 4, 2015
RE: TRANSPORTATION ADMINISTRATION COLLECTION FUND (TACF) REPORT
In accordance with Section 257.810b (7) of Public Act 300 of 1949, we have attached a TACF report for the Department of State for the period of October 1, 2014 through September 30, 2015.
Deposits and charges in the TACF during this time period were $110,817,931 and $110,614,736 respectively. Data used in the preparation of this report was obtained from the MAIN-MIDB database.
Sincerely,
Rose Jarois, Director
Department Services Administration
The communication was referred to the Clerk.
Introduction of Bills
Rep. Cox introduced
House Bill No. 5121, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 4g.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Chang introduced
House Bill No. 5122, entitled
A bill to prescribe the powers and duties of certain providers of water and sewerage service in this state; and to prohibit certain acts and practices of providers of water and sewerage service.
The bill was read a first time by its title and referred to the Committee on Local Government.
Reps. Geiss, Goike, Cochran, Yanez, Hovey-Wright, Howrylak and Price introduced
House Bill No. 5123, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 4a.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Johnson, Cole, Franz, Potvin, Chatfield and Rendon introduced
House Bill No. 5124, 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 5a (MCL 247.655a), as added by 1981 PA 184.
The bill was read a first time by its title and referred to the Committee on Local Government.
Reps. Chang, Plawecki, Brinks, Chirkun, Cochran, Geiss, Zemke, Gay-Dagnogo, Darany, Sarah Roberts, Santana, Greig, Townsend and Callton introduced
House Bill No. 5125, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1258.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Hooker, Franz, Goike, Cole, Johnson, Glenn and Howrylak introduced
House Bill No. 5126, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5111, 9215, and 9227 (MCL 333.5111, 333.9215, and 333.9227), section 5111 as amended by 2010 PA 119 and section 9227 as amended by 2006 PA 91, and by adding section 5115a.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Hooker, Franz, Goike, Cole, Johnson and Glenn introduced
House Bill No. 5127, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177 (MCL 380.1177), as amended by 2013 PA 121.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Announcements by the Clerk
December 3, 2015
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit report on the Licensing and Regulating of Automotive-Related Businesses and Mechanics, Department of State, December 2015.
December 4, 2015
Received from the Auditor General a copy of the following audit report and/or report summary:
Preliminary Survey Summary of the Prisoner Food Services, Department of Corrections, December 2015.
December 7, 2015
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit report of the Real Estate Division, Department of Technology, Management, and Budget, December 2015.
Gary L. Randall
Clerk of the House
______
Rep. Clemente moved that the House adjourn.
The motion prevailed, the time being 4:55 p.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Wednesday, December 9, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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