No. 100
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2015
House Chamber, Lansing, Thursday, December 10, 2015.
12:00 Noon.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present Garcia—present LaFontaine—present Price—present
Banks—present Garrett—present Lane—present Pscholka—present
Barrett—present Gay-Dagnogo—present Lauwers—present Rendon—present
Bizon—present Geiss—present LaVoy—present Roberts, B.—present
Brinks—present Glardon—present Leonard—present Roberts, S.—present
Brunner—present Glenn—present Leutheuser—present Robinson—present
Bumstead—present Goike—present Liberati—present Runestad—present
Byrd—present Graves—present Love—present Rutledge—present
Callton—present Greig—present Lucido—present Santana—present
Canfield—present Greimel—present Lyons—present Schor—present
Chang—present Guerra—present Maturen—present Sheppard—present
Chatfield—present Heise—present McBroom—present Singh—present
Chirkun—present Hoadley—present McCready—present Smiley—present
Clemente—present Hooker—present Miller, A.—present Somerville—present
Cochran—present Hovey-Wright—present Miller, D.—present Talabi—present
Cole—present Howrylak—present Moss—present Tedder—present
Cotter—present Hughes—present Muxlow—excused Theis—present
Cox—present Iden—present Neeley—present Townsend—present
Crawford—present Inman—present Nesbitt—present Vaupel—present
Darany—present Irwin—present Outman—present VerHeulen—present
Dianda—present Jacobsen—present Pagan—present Victory—present
Driskell—present Jenkins—present Pagel—present Webber—present
Durhal—present Johnson—present Pettalia—present Wittenberg—present
Faris—present Kelly—present Phelps—present Yanez—present
Farrington—present Kesto—present Plawecki—present Yonker—present
Forlini—present Kivela—present Poleski—present Zemke—present
Franz—present Kosowski—present Potvin—present
e/d/s = entered during session
Pastor Brian Reinhardt, Lead Pastor of Son’s Life Missionary Church in Sebewaing, offered the following invocation:
“Gracious God of Heaven and Earth, Father we come before You today as thankful people. You have blessed us as a nation and as a State, beyond what we have any right to expect. Your hand has guided and protected us, and Father we come again seeking Your favor.
Today Lord as this legislative body convenes to do the work before them we take the time to thank You for a government based on so many truths from Your Word. I ask that You would give wisdom to each of these representatives as they strive to accomplish the will of the people they represent, and that these decisions would align with Your will Father.
Father as we think of the preamble to our own state’s Constitution which says;
We, the people of the State of Michigan, grateful to Almighty God for the blessings of freedom, and earnestly desiring to secure these blessings undiminished to ourselves and our posterity, do ordain and establish this constitution.
Remind us again of how You have blessed us Lord. Remind us again that all the laws that are passed and upheld in this State should be to secure the blessing and rights You have given us. Let every citizen of this State be grateful for the blessings You have given us and let this House and all citizens continue to desire to secure Your blessing for everyone.
And Father we sum this all up with the words that Jesus taught us to pray from Matthew’s gospel when said:
Our Father in heaven, hallowed be Your name.
Your kingdom come Your will be done, on earth as it is in heaven.
Give us today our daily bread.
Forgive us our debts as we forgive our debtors.
And lead us not into temptation but deliver us from the evil one*
Amen and Amen
* Lord’s Prayer as it appears in Matt. 6:9-13 NIV.”
______
The Speaker called Associate Speaker Pro Tempore Cox to the Chair.
______
Rep. Nesbitt moved that Rep. Muxlow be excused from today’s session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4790, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2015 PA 85.
(The bill was received from the Senate on December 9, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 99, p. 2132.)
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. 468 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: Cox
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
House Bill No. 4686, entitled
A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2a (MCL 691.1402a), as amended by 2012 PA 50.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 469 Yeas—55
Afendoulis Glardon Leutheuser Rendon
Barrett Glenn Love Roberts, B.
Bumstead Goike Lyons Runestad
Callton Hooker Maturen Santana
Canfield Hughes McBroom Sheppard
Chatfield Iden McCready Somerville
Cole Inman Miller, A. Tedder
Cotter Jacobsen Nesbitt Theis
Cox Jenkins Outman Vaupel
Crawford Johnson Pagel VerHeulen
Farrington Kelly Pettalia Victory
Franz LaFontaine Poleski Webber
Garcia Lauwers Potvin Yonker
Geiss Leonard Pscholka
Nays—51
Banks Faris Kesto Price
Bizon Forlini Kivela Roberts, S.
Brinks Garrett Kosowski Robinson
Brunner Gay-Dagnogo Lane Rutledge
Byrd Graves LaVoy Schor
Chang Greig Liberati Singh
Chirkun Greimel Lucido Smiley
Clemente Guerra Miller, D. Talabi
Cochran Heise Moss Townsend
Darany Hoadley Neeley Wittenberg
Dianda Hovey-Wright Pagan Yanez
Driskell Howrylak Phelps Zemke
Durhal Irwin Plawecki
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.
Senate Bill No. 552, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101 and 3122 (MCL 324.3101 and 324.3122), section 3101 as amended by 2006 PA 97 and section 3122 as amended by 2015 PA 82.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 470 Yeas—59
Afendoulis Glardon Lauwers Price
Barrett Glenn Leonard Pscholka
Bizon Goike Leutheuser Rendon
Bumstead Graves Lucido Roberts, B.
Callton Hooker Lyons Runestad
Canfield Howrylak Maturen Sheppard
Chatfield Hughes McBroom Somerville
Cole Iden McCready Tedder
Cotter Inman Miller, A. Theis
Cox Jacobsen Nesbitt Vaupel
Crawford Jenkins Outman VerHeulen
Farrington Johnson Pagel Victory
Forlini Kelly Pettalia Webber
Franz Kesto Poleski Yonker
Garcia LaFontaine Potvin
Nays—47
Banks Faris Kosowski Robinson
Brinks Garrett Lane Rutledge
Brunner Gay-Dagnogo LaVoy Santana
Byrd Geiss Liberati Schor
Chang Greig Love Singh
Chirkun Greimel Miller, D. Smiley
Clemente Guerra Moss Talabi
Cochran Heise Neeley Townsend
Darany Hoadley Pagan Wittenberg
Dianda Hovey-Wright Phelps Yanez
Driskell Irwin Plawecki Zemke
Durhal Kivela Roberts, S.
In The Chair: Cox
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“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,”
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.
Senate Bill No. 538, entitled
A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2, 30, and 31 (MCL 567.222, 567.250, and 567.251), section 2 as amended by 2008 PA 208, section 30 as amended by 2012 PA 292, and section 31 as amended by 2013 PA 148, and by adding sections 4a and 31b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 471 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: Cox
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act concerning unclaimed property; to provide for the reporting and disposition of unclaimed property; to make uniform the law concerning unclaimed property; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties and provide remedies; 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.
Senate Bill No. 177, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1301, 1311, 1312, 1315, 1325, 1333, 1341, 1343, 1351, 1355, and 1371 (MCL 500.1301, 500.1311, 500.1312, 500.1315, 500.1325, 500.1333, 500.1341, 500.1343, 500.1351, 500.1355, and 500.1371), sections 1301, 1312, 1315, 1351, and 1371 as amended by 1992 PA 182, section 1311 as amended by 2010 PA 61, section 1325 as amended by 1994 PA 227, section 1341 as amended by 1994 PA 443, and section 1343 as amended by 1995 PA 219, and by adding sections 1325a and 1357.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 472 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: Cox
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”
The House agreed to the full title.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 178, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 17.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 473 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: Cox
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”
The House agreed to the full title.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 500, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 44 (MCL 421.44), as amended by 2011 PA 269.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 474 Yeas—60
Afendoulis Glardon LaFontaine Potvin
Barrett Glenn Lauwers Price
Bizon Goike Leonard Pscholka
Bumstead Graves Leutheuser Rendon
Callton Heise Lucido Roberts, B.
Canfield Hooker Lyons Runestad
Chatfield Howrylak Maturen Sheppard
Cole Hughes McBroom Somerville
Cotter Iden McCready Tedder
Cox Inman Miller, A. Theis
Crawford Jacobsen Nesbitt Vaupel
Farrington Jenkins Outman VerHeulen
Forlini Johnson Pagel Victory
Franz Kelly Pettalia Webber
Garcia Kesto Poleski Yonker
Nays—46
Banks Faris Lane Robinson
Brinks Garrett LaVoy Rutledge
Brunner Gay-Dagnogo Liberati Santana
Byrd Geiss Love Schor
Chang Greig Miller, D. Singh
Chirkun Greimel Moss Smiley
Clemente Guerra Neeley Talabi
Cochran Hoadley Pagan Townsend
Darany Hovey-Wright Phelps Wittenberg
Dianda Irwin Plawecki Yanez
Driskell Kivela Roberts, S. Zemke
Durhal Kosowski
In The Chair: Cox
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,”
The House agreed to the full title.
Rep. Nesbitt moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 475 Yeas—104
Afendoulis Franz Kosowski Potvin
Banks Garcia LaFontaine Price
Barrett Garrett Lane Pscholka
Bizon Gay-Dagnogo Lauwers Rendon
Brinks Geiss LaVoy Roberts, B.
Brunner Glardon Leonard Roberts, S.
Bumstead Glenn Leutheuser Runestad
Byrd Goike Liberati Rutledge
Callton Graves Love Santana
Canfield Greig Lucido Schor
Chang Greimel Lyons Sheppard
Chatfield Guerra Maturen Singh
Chirkun Heise McBroom Smiley
Clemente Hoadley McCready Somerville
Cochran Hooker Miller, A. Talabi
Cole Hovey-Wright Miller, D. Tedder
Cotter Howrylak Moss Theis
Cox Hughes Neeley Townsend
Crawford Iden Nesbitt Vaupel
Darany Inman Outman VerHeulen
Dianda Jacobsen Pagan Victory
Driskell Jenkins Pagel Webber
Durhal Johnson Pettalia Wittenberg
Faris Kelly Phelps Yanez
Farrington Kesto Plawecki Yonker
Forlini Kivela Poleski Zemke
Nays—2
Irwin Robinson
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.
Second Reading of Bills
Senate Bill No. 531, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Heise moved to amend the bill as follows:
1. Amend page 2, line 9, after “1986(1)” by striking out the balance of the section and inserting “AFTER FEBRUARY 28, 2021.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 532, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 176.
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. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 533, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1988.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
The bill was read a second time.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
The bill was read a second time.
Rep. Pettalia 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. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
The bill was read a second time.
Rep. Pettalia 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. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
The bill was read a second time.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
The bill was read a second time.
Rep. Pettalia moved to amend the bill as follows:
1. Amend page 5, line 19, after “SECTION” by striking out “35(2)” and inserting “35”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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.
The bill was read a second time.
Rep. Pettalia moved to amend the bill as follows:
1. Amend page 4, line 22, after “SECTION” by striking out “35(2)” and inserting “35”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4792, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16171 (MCL 333.16171), as amended by 1985 PA 82.
The bill was read a second time.
Rep. Wittenberg 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. Wittenberg moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4550, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145n (MCL 750.145n), as amended by 2004 PA 559.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Justice,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Derek Miller moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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Rep. Nesbitt moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Associate Speaker Pro Tempore Cox called Associate Speaker Pro Tempore Franz to the Chair.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, December 9:
Senate Bill Nos. 646 647 648 649 650 651 652 653
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, December 10:
House Bill Nos. 5128 5129 5130 5131 5132 5133 5134 5135 5136 5137 5138 5139 5140 5141
The Clerk announced that the following Senate bills had been received on Thursday, December 10:
Senate Bill Nos. 171 200 352 472 473 476 507 554 555 578 615
Reports of Standing Committees
The Committee on Oversight and Ethics, by Rep. McBroom, Chair, reported
House Bill No. 4540, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 2 and 13 (MCL 15.232 and 15.243), section 2 as amended by 1996 PA 553 and section 13 as amended by 2006 PA 482.
With the recommendation that the substitute (H-8) be adopted.
The committee further recommended that the bill and substitute be referred to the Committee on Natural Resources.
Favorable Roll Call
To Report Out:
Yeas: Reps. McBroom, Howrylak, Graves and Theis
Nays: Reps. Robinson and Pagan
The further recommendation was concurred in and the bill and substitute were referred to the Committee on Natural Resources.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. McBroom, Chair, of the Committee on Oversight and Ethics, was received and read:
Meeting held on: Thursday, December 10, 2015
Present: Reps. McBroom, Howrylak, Graves, Theis, Robinson and Pagan
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Barrett, Chair, of the Committee on Military and Veterans Affairs, was received and read:
Meeting held on: Thursday, December 10, 2015
Present: Reps. Barrett, Hughes, Glardon, Hooker, Glenn, Rutledge, Talabi and Kosowski
Absent: Rep. Outman
Excused: Rep. Outman
Messages from the Senate
House Bill No. 4438, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744a (MCL 333.17744a), as added by 2013 PA 186, and by adding section 17744d.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4212, 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 11 (MCL 46.11), as amended by 2012 PA 15.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 4215, 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,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2012 PA 14.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 171, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 200, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 88s.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Financial Services.
Senate Bill No. 352, entitled
A bill to allow for designation of a caregiver; to prescribe the duties of a designated caregiver; to enable a hospital to assist in designating a caregiver; and to prescribe the duties of state departments and agencies.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 472, entitled
A bill to amend 1999 PA 244, entitled “An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act,” by amending sections 1 and 2 (MCL 445.2051 and 445.2052), section 2 as amended by 2003 PA 286.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 473, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” (MCL 205.421 to 205.436) by adding section 6e.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 476, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2014 PA 298 and section 11 as amended by 2012 PA 325.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 507, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Senate Bill No. 554, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16206.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 555, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 210 (MCL 339.210).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Bill No. 578, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 2, 6, and 13 (MCL 445.1632, 445.1636, and 445.1643), section 2 as amended by 2012 PA 443; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Financial Services.
Senate Bill No. 615, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 6094a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Introduction of Bills
Reps. Cochran, McCready, Heise, Kelly, Graves, Canfield, Liberati, Callton, McBroom and Lucido introduced
House Bill No. 5142, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 226, 226a, 226b, and 227 (MCL 257.226, 257.226a, 257.226b, and 257.227), section 226 as amended by 2004 PA 163, section 226a as amended by 2006 PA 516, section 226b as amended by 2003 PA 152, and section 227 as amended by 2011 PA 92.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. McCready, Bumstead, Graves, Canfield, Kelly, Heise, Aaron Miller, LaVoy, Cochran, Liberati, Callton, McBroom and Lucido introduced
House Bill No. 5143, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3020 and 3104 (MCL 500.3020 and 500.3104), section 3020 as amended by 2006 PA 106 and section 3104 as amended by 2002 PA 662, and by adding section 2111f.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. McCready, Kelly, Heise, Iden, Aaron Miller, LaVoy, Graves, Cochran, Canfield, Liberati, Callton, McBroom and Lucido introduced
House Bill No. 5144, entitled
A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” (MCL 492.101 to 492.141) by adding section 16b.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Kivela introduced
House Bill No. 5145, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 267 (MCL 18.1267), as amended by 2012 PA 237.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Kivela introduced
House Bill No. 5146, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2012 PA 520.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Reps. Forlini and Love introduced
House Bill No. 5147, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 315a and 376a (MCL 750.315a and 750.376a), as amended by 2014 PA 400.
The bill was read a first time by its title and referred to the Committee on Financial Services.
Reps. Darany, Liberati, Lane, Greig, Chirkun, Driskell and Rutledge introduced
House Bill No. 5148, entitled
A bill to amend 2013 PA 240, entitled “Michigan state capitol historic site act,” (MCL 4.1941 to 4.1949) by amending the title and by adding section 10.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Townsend introduced
House Bill No. 5149, entitled
A bill to amend 1986 PA 268, entitled “Legislative council act,” (MCL 4.1101 to 4.1901) by adding chapter 7C.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Townsend, Irwin, Love, Zemke, Geiss, Pagan, Lane, Chirkun, Brinks, Wittenberg, Plawecki, Hoadley, Garrett, Moss, Smiley, Brunner, Chang, Talabi, Singh, Guerra, Schor, Driskell, Kivela, Sarah Roberts, Faris, Durhal, Banks, Cochran, Greig, Byrd, Gay-Dagnogo, Robinson, Clemente, Hovey-Wright, Phelps, Derek Miller, LaVoy, Kosowski, Neeley, Darany and Howrylak introduced
House Joint Resolution FF, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article II, to clarify the power of referendum when making appropriations.
The joint resolution was read a first time by its title and referred to the Committee on Government Operations.
Announcements by the Clerk
The Clerk received the following dissent on Senate Bill No. 13, from Rep. LaVoy:
Article VI, Section 18 of the Michigan Constitution states that “[a]ny member of either house may dissent from and protest against any act, proceeding or resolution which he deems injurious to any person or the public, and have the reason for his dissent entered in the journal.” Under this constitutional provision, I would like to state my protest to the act of not granting a record roll call vote when demanded by Rep. Faris and myself and what I believe was 1/5 of the other members.
______
Rep. Chatfield moved that the House adjourn.
The motion prevailed, the time being 3:30 p.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Tuesday, December 15, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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