No. 1
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2016
House Chamber, Lansing, Wednesday, January 13, 2016.
12:00 Noon.
Pursuant to the requirements of the Constitution, the Representatives assembled in Representative Hall in the Capitol at Lansing on the second Wednesday in January, the 13th of January, 2016 at 12:00 o’clock noon, and in accordance with law, were called to order by the Honorable Ray A. Franz, Associate Speaker Pro Tempore of the House of Representatives.
By the direction of the Speaker, the Clerk called the roll of the House of Representatives and announced that a quorum was present.
District Name District Name
1st Brian R. Banks 56th Jason M. Sheppard
2nd Alberta Tinsley Talabi 57th Nancy Jenkins
3rd Wendell L. Byrd 58th Eric Leutheuser
4th Rose Mary C. Robinson 59th Aaron Miller
5th Fred Durhal 60th Jon Hoadley
6th Stephanie Chang 61st Brandt Iden
7th LaTanya Garrett 62nd John Bizon
8th Sherry Gay-Dagnogo 63rd David C. Maturen
9th Harvey Santana 64th Earl Poleski
10th Leslie Love 65th Brett Roberts
11th Julie Plawecki 66th Aric Nesbitt
12th Erika Geiss 67th Tom Cochran
13th Frank Liberati 68th Andy Schor
14th Paul Clemente 69th Sam Singh
15th George T. Darany 70th Rick Outman
16th Robert L. Kosowski 71st Tom Barrett
17th Bill LaVoy 72nd Ken Yonker
18th Sarah Roberts 73rd Chris Afendoulis
19th Laura Cox 74th Rob VerHeulen
20th Kurt L. Heise 75th Vacancy
21st Kristy Pagan 76th Winnie Brinks
22nd John Chirkun 77th Tom Hooker
23rd Pat Somerville 78th Dave Pagel
24th Anthony G. Forlini 79th Al Pscholka
25th Henry Yanez 80th Vacancy
26th Jim Townsend 81st Dan Lauwers
27th Robert Wittenberg 82nd Vacancy
28th Derek E. Miller 83rd Paul Muxlow
29th Tim Greimel 84th Edward J. Canfield
30th Jeff Farrington 85th Ben Glardon
31st Marilyn Lane 86th Lisa Posthumus Lyons
32nd Andrea M. LaFontaine 87th Mike Callton
33rd Ken Goike 88th Roger Victory
34th Sheldon A. Neeley 89th Amanda Price
35th Jeremy Moss 90th Daniela Garcia
36th Peter J. Lucido 91st Holly Hughes
37th Christine Greig 92nd Marcia Hovey-Wright
38th Kathy Crawford 93rd Tom Leonard
39th Klint Kesto 94th Tim Kelly
40th Michael D. McCready 95th Vanessa Erwin Guerra
41st Martin Howrylak 96th Charles M. Brunner
42nd Lana Theis 97th Joel Johnson
43rd Jim Tedder 98th Gary Glenn
44th Jim Runestad 99th Kevin Cotter
45th Michael Webber 100th Jon Bumstead
46th Bradford C. Jacobsen 101st Ray A. Franz
47th Henry Vaupel 102nd Phil Potvin
48th Pam Faris 103rd Bruce R. Rendon
49th Phil Phelps 104th Larry C. Inman
50th Charles Smiley 105th Triston Cole
51st Joseph Graves 106th Peter Pettalia
52nd Gretchen Driskell 107th Lee Chatfield
53rd Jeff Irwin 108th Ed McBroom
54th David Rutledge 109th John Kivela
55th Adam Zemke 110th Scott Dianda
e/d/s = entered during session
Chaplain Lt. Frank Chapa, Chaplain of Army 3-238th Aviation Battalion in Grand Ledge, offered the following invocation:
God, we come before You, because we have the ability to do so; thank You for blessing us with a country in which we are free. Free to speak, move, and worship in whatever way we choose. Thank You God for the blessings You have bestowed upon all of us, whether it be with co-workers, friends, or family. Thank You for our service men and women, the Soldiers, Marines, Sailors, and Airmen, and the sacrifices they make for this country. Please be with everyone in this room today, help guide our decisions, and our actions, in order to bless one another, as You have blessed us.
We find ourselves in troubling times, filled with fear, anger, and distrust of one another. We ask You God, that during these times of trouble we might show each other love. God give us the strength to show each other the love and kindness, which You have laid out as an example for us. We pray for the betterment of our nation through what is done in this room, through the men and women who work hard every day for those who have elected them.
We bring these things to the feet of You God, and ask for Your blessings and provisions upon us. I pray all of this in the name of Jesus Christ,
Amen.”
Messages from the Senate
January 13, 2016
The Honorable Kevin Cotter
Speaker of the House of Representatives
Capitol Building
Lansing, Michigan 48913
Dear Mr. Speaker:
By direction of the Senate, I hereby notify you that a quorum of the Senate has assembled and is ready to proceed with the business of the session.
Very respectfully,
Jeffrey F. Cobb
Secretary of the Senate
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Yanez, Cochran, LaVoy, Chirkun, Plawecki, Derek Miller, Chang, Garrett, Talabi, Phelps, Neeley, Hoadley, Liberati, Wittenberg, Byrd, Smiley, Robinson and Irwin offered the following resolution:
House Resolution No. 195.
A resolution to urge the United States Senate to oppose the Trans-Pacific Partnership and any similar trade deals that fail to restructure the misguided and failed policies of the past.
Whereas, The Trans-Pacific Partnership is the latest in a string of free trade agreements designed at the expense of hard-working Americans. The growing trade deficits, driven by the North American Free Trade Agreement (NAFTA), China’s accession to the World Trade Organization, and the U.S.-Korea Free Trade Agreement, have displaced 700,000 jobs, 3.2 million jobs, and 75,000 jobs, respectively. Moreover, under NAFTA-style trade rules, the U.S. annual trade deficit has increased dramatically from $70 billion in 1993—the year before NAFTA went into effect—to more than $508 billion in 2014; and
Whereas, This free trade agreement will cause significant injury to American manufacturing and hard-working families. Since 2000, the number of manufacturing jobs in the U.S. has declined by 5 million, and the Trans-Pacific Partnership will exacerbate this problem. Jobs lost due to trade agreements devastate families and entire communities and can permanently reduce lifetime earnings for hundreds of thousands of American workers; and
Whereas, Poorly constructed trade agreements, like the Trans-Pacific Partnership, come at great cost to our communities, our state, and our nation. The offshoring of manufacturing and service-related jobs deprive local and state governments of sorely needed revenue, jeopardizing the livelihood of millions of public servants as well as construction workers whose jobs depend upon infrastructure building, repair, and maintenance. Nationally, the long decline of the American manufacturing base—exacerbated by bad trade policies that reward outsourcing—has undermined our economic security and poses a direct threat to our national security; and
Whereas, The Trans-Pacific Partnership has been negotiated in secret. This has effectively shut state and local governments out of the process, limiting our ability to influence its rules to ensure the people of the state of Michigan can participate in the benefits of trade. Additionally, given the enactment of fast track trade negotiating authority, states, localities, and their citizens will have no opportunity to correct shortcomings in the Trans-Pacific Partnership since its text will not be made public until it is final and no longer can be improved; and
Whereas, The process by which “free trade” agreements are constructed gives a disproportionate voice to powerful global corporations interested in advancing an agenda that undermines the public interest and threatens democracy. The process in U.S. trade deals for the past 25 years has been corporate-driven, incorporating rules that skew benefits to economic elites. In NAFTA and all but two of the U.S. trade deals that followed, special legal rights for foreign investors, known as “investor-to-state dispute settlement” or ISDS, were included that allow foreign firms to bypass state and federal courts and to challenge state and local laws, regulations, and administrative and judicial decisions in international tribunals. Foreign investors already have used NAFTA’s ISDS provisions to challenge decisions regarding local building permits, state bans on toxic chemicals, and decisions of state courts; and
Whereas, The Trans-Pacific Partnership has reused the failed practices of the past. The Trans-Pacific Partnership is likely to include provisions locking in monopoly protections for expensive specialty drugs called biologics and constrict the government’s ability to limit spending on drugs, potentially increasing drug costs for the government and all Americans. The agreement will also likely override local labor laws, environmental regulations, and other issues. The environmental provisions are particularly weakened compared to past agreements, making it more difficult to punish violators; and
Whereas, Free trade agreements should be more inclusive of all impacted parties. In Michigan, as in our nation as a whole, promoting economic growth with equity requires an approach that reforms the entire trade negotiation process to ensure that voices of workers, farmers, small businesses, families, and communities are heard and their interests addressed. Repeating old mistakes in negotiating new trade agreements, such as the Trans-Pacific Partnership, represents a missed opportunity to strengthen our economy, reduce income inequality, and promote sustainable growth. Congress must ensure all voices are heard; now, therefore, be it
Resolved by the House of Representatives, That we urge the United States Senate to oppose the Trans-Pacific Partnership and any similar trade deals that fail to restructure the misguided and failed policies of the past; and be it further
Resolved, That we urge that any free trade agreement only be approved by the United States Senate if the agreement contains provisions that:
• Exclude investor-to-state dispute settlement and other provisions that favor foreign companies over domestic ones and undermine public choices;
• Ensure that countries cannot undercut U.S.-based producers with weaker labor and environmental laws and enforcement;
• Ensure that the U.S. will engage in robust enforcement of trade rules, including labor and environmental rules;
• Include strong rule-of-origin provisions to promote economic growth and job creation in the U.S.;
• Promote high standards of protection for workplaces, products, and natural resources rather than promoting a race to the bottom; and
• Put the interests of people and the planet over the interests of private profit.
; 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 resolution was referred to the Committee on Commerce and Trade.
Reps. Sarah Roberts, Yanez, Derek Miller, Irwin and LaVoy offered the following resolution:
House Resolution No. 196.
A resolution to urge the Congress of the United States to oppose the Trans-Pacific Partnership because of its adverse impact on Medicare and Medicaid.
Whereas, The Trans-Pacific Partnership is a free trade agreement between the United States and eleven other Pacific Rim nations. For the nations participating with the United States—Australia, Brunei Darussalam, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam—this agreement has been advertised as one that will help foster economic growth through tariff reduction and more open trade of goods and services. However, this trade agreement, as with similar agreements of the past, comes at a great cost to American consumers; and
Whereas, The patent provisions provided in this free trade agreement will lead to higher medical costs everywhere. The 12-year exclusivity patent protection period in the United States for biologics—drugs used to treat cancer and other conditions like rheumatoid arthritis and multiple sclerosis—is generous compared to other nations. The shorter period in this agreement—effectively 8 years—still unreasonably limits access to data and prevents the introduction of cheaper generic medication, blocking access to more affordable medication. Moreover, minor changes in the drug formulas could lead to patent extensions, further delaying the introduction of cheaper generic medication; and
Whereas, The trade agreement could allow foreign corporations or subsidiaries to challenge the Medicare and Medicaid drug pricing program and discount program if the drug pricing in these programs affects their profits. The agreement would allow these entities to seek reimbursement for drugs and devices if reimbursement rates are discriminatory and below market, which the programs do by design. This could cost our government billions and place at risk U.S. programs, including Medicare drug discounts, the Medicaid Preferred Drug List, the Medicaid Drug Rebate Program, and medication available through the Veterans Administration system; now, therefore, be it
Resolved by the House of Representatives, That we urge the Congress of the United States to oppose the Trans-Pacific Partnership because of its adverse impact on Medicare and Medicaid; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Commerce and Trade.
Reps. Runestad, Kesto, Kelly, Cole, McCready, Aaron Miller, Chatfield, Johnson, Leutheuser, Lauwers, Webber, Rendon, Iden, Callton, Pagel, Hooker, Glenn, Sheppard, Outman, Somerville, Barrett, Tedder, Lucido, Inman, Chirkun, Potvin, Vaupel, Jenkins, Santana, Kivela, Neeley, Rutledge, Derek Miller, Plawecki, Smiley, Brunner, Yanez, Greig, Byrd, Robinson, Clemente, Dianda, Bumstead, Hovey-Wright, LaVoy, Howrylak and Heise offered the following resolution:
House Resolution No. 197.
A resolution to urge the President of the United States to declare that the Islamic State of Iraq and al-Sham is committing genocide against Christians and other ethnic and religious minorities in the Middle East, thus enabling direct intervention and availability of resources to stop this atrocity.
Whereas, Christians, Yezidis, Turkmen, Sabea-Mandeans, Kakaʻe, Kurds, and other ethnic and religious minorities have been an integral part of the fabric of the Middle East for millennia. They have coexisted with Muslim communities and contributed to the cultural and historical traditions of the region; and
Whereas, Christians and other ethnic and religious minorities are currently being subjected to a deliberate and calculated campaign to bring about the eradication and displacement of their communities and the destruction of their cultural heritage in the Middle East. Christians and other ethnic and religious minorities have been murdered, subjugated, forced to emigrate, and suffered grievous bodily and psychological harm, including sexual enslavement and abuse, at the hands of the Islamic State of Iraq and al-Sham (ISIS). They have been targeted specifically because they do not share the views of ISIS concerning religion; and
Whereas, The United Nations Convention on the Prevention and Punishment of the Crime of Genocide, signed on December 9, 1948, defines genocide as committing the following acts “with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group”; and
Whereas, The United States and the rest of the world must recognize, declare, and denounce the atrocities committed and supported by ISIS for what they are: genocide. This declaration will enable direct intervention and availability of resources so that Christians and other ethnic and religious minorities are not forced out of their homelands; and
Whereas, Without an official declaration of genocide by the United States and the United Nations, history has warned that the atrocities will continue and nations will not be united in their resolve to bring an end to the crisis through effective coordination and the commitment of all available resources. Failure to declare will allow the further displacement of Christians and ethnic and religious minorities in the Middle East and prevent effective action to end these crimes against humanity; now, therefore, be it
Resolved by the House of Representatives, That we urge the President of the United States to declare that the Islamic State of Iraq and al-Sham (ISIS) is committing genocide against Christians and other ethnic and religious minorities in the Middle East, thus enabling direct intervention and availability of resources to stop this atrocity; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Government Operations.
Reps. Chatfield, Glenn, Aaron Miller, Heise, and Hooker offered the following resolution:
House Resolution No. 198.
A resolution to declare opposition to the relocation of Syrian and other unvettable refugees from failed states via the United States Refugee Resettlement Program into Michigan and the rejection of state funds to assist in the program.
Whereas, The federal government has indicated that thousands of refugees from the Middle East will be relocated to the United States in the next few years through the federal Refugee Resettlement Program. It is anticipated that each state will receive these refugees through designated relocation agencies approved by the federal government; and
Whereas, The United States Constitution nowhere gives the Executive Branch the power to settle aliens in a state contrary to the express wishes of that state. Absent such an expressed power, according to the Tenth Amendment, such a power cannot exist; and
Whereas, The refugee resettlement process will present serious financial and security problems for Michigan. Refugees and their families present unfunded burdens to schools, law enforcement, housing, and health care; and
Whereas, Michael Steinbach, Assistant Director for the Federal Bureau of Investigation (FBI), informed the U.S. House Homeland Security Committee in February, 2015, that Syrian refugees pose a great risk to Americans and raised the possibility that refugees could have connections to foreign terrorist groups. The Islamic State of Iraq and al-Sham (ISIS) has vowed to infiltrate refugees all over the world so as to enter countries under the guise of persecuted refugees. At a congressional hearing held October 22, 2015, FBI Director James Comey issued another warning about the FBI’s inability to screen Syrian refugees entering the United States; and
Whereas, Under these circumstances there is a compelling governmental interest in protecting the security and economy of our state and nation. Article I, Section 1 of the Michigan Constitution declares that our state government is for the benefit, security and protection of Michigan’s citizens and those interests should be primary; now, therefore, be it
Resolved by the House of Representatives, that we hereby express our concern over the United States Refugee Resettlement Program and any possible state expenditures for the program in Michigan; and be it further
Resolved, That we will not approve or proceed with resettlement of Syrian and other unvettable refugees from failed states via the United States Refugee Resettlement Program and reject the expenditure of related state funds to assist the United States Refugee Resettlement Program in Michigan; and be it further
Resolved, That we petition Governor Rick Snyder to not resume authorization for the resettlement of Syrian and other unvettable refugees from failed states in Michigan until:
• The Michigan Department of Health and Human Services (MDHHS) shows evidence and certifies that the proposed refugee resettlement will not have any negative impact on the current provision of services to Michigan residents and will not cause an increase in the MDHSS budget.
• The State Board of Education is able to show evidence and certify to the Governor that the refugee resettlement will not have an adverse impact on local school districts and that local school districts will not need additional resources.
• The U.S. Department of Homeland Security (DHS) certifies to the Michigan State Police that each refugee entering Michigan has been subject to a thorough background check similar to the federal form E86 used to screen applicants for employment with DHS and that none of the refugees pose any national security threat.
; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Government Operations.
Reps. Iden, Crawford, Heise, Hughes and LaVoy offered the following resolution:
House Resolution No. 199.
A resolution to declare January 2016 as Mentoring Month in the state of Michigan.
Whereas, The future of Michigan’s children is the responsibility of all citizens; and
Whereas, By strengthening our children through mentoring, we are building a stronger future for them, our communities, and our great state; and
Whereas, By sharing their time with a young person, a mentor can “Pass It On” by sharing of themselves with a young person; and
Whereas, There are thousands of young people in Michigan waiting for a mentor; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare January 2016 as Mentoring Month in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Kelly, Heise, Hughes and LaVoy offered the following resolution:
House Resolution No. 200.
A resolution to declare January 31-February 6, 2016, as Catholic Schools Week in the state of Michigan.
Whereas, There are 53,364 students attending 228 Catholic elementary and high schools throughout our great state; and
Whereas, The Constitution of Michigan states that “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged”; and
Whereas, Catholic school parents pay tuition in addition to supporting public schools through their taxes; and
Whereas, Catholic schools comply with the same health, safety, and general welfare regulations required of public schools, but without compensation from the state government; and
Whereas, The viability of Catholic schools should be encouraged so that declines in Catholic school enrollment, which necessitate increases in public expenditures in the School Aid Fund, can be avoided; and
Whereas, Catholic schools instill a broad, values-based education, emphasizing the lifelong development of moral, intellectual, and social values in young people, making them responsible citizens of our state and nation; and
Whereas, Catholic schools educate many students who are non-Catholic, many students who are economically disadvantaged, and a good education remains the single best way out of poverty; and
Whereas, With their traditionally high academic standards, high graduation rates, and commitment to community service, Catholic schools and their graduates make a positive contribution to society; and
Whereas, January 31-February 6, 2016, has been designated as Catholic Schools Week, with the theme “Catholic Schools: Communities of Faith, Knowledge and Service” as denoted by the National Catholic Educational Association and the United States Conference of Catholic Bishops; and
Whereas, The common good of the state of Michigan is strengthened through the continued existence of Catholic schools; and
Whereas, Catholic schools are part of a solution to support families and to build productive lives for future generations; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare January 31-February 6, 2016, as Catholic Schools Week in the state of Michigan. We support the continued dedication of Catholic schools across Michigan toward academic excellence and the key role Catholic schools play in promoting and ensuring a brighter, stronger future for students; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Catholic Conference with our highest esteem.
The resolution was referred to the Committee on Education.
Reps. Nesbitt and Singh offered the following concurrent resolution:
House Concurrent Resolution No. 20.
A concurrent resolution providing for a joint convention of the House of Representatives and the Senate.
Resolved by the House of Representatives (the Senate concurring), That the House of Representatives and Senate meet in joint convention in the Hall of the House of Representatives, Tuesday, January 19, 2016, at 6:30 p.m., to receive the message of Governor Rick Snyder.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4462, entitled
A bill to amend 1964 PA 284, entitled “City income tax act,” by amending section 43 of chapter 2 (MCL 141.643), as amended by 1996 PA 478.
(The bill was received from the Senate on December 15, 2015, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 16, 2015, see House Journal No. 101 of 2015, p. 2197.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
Rep. Nesbitt moved that the bill be re-referred to the Committee on Tax Policy.
The motion prevailed.
The Speaker laid before the House
House Bill No. 4604, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 9115a (MCL 324.9115a), as added by 2005 PA 56.
(The bill was received from the Senate on December 16, 2015, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 17, 2015, see House Journal No. 102 of 2015, p. 2216.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
Rep. LaVoy moved to amend the Senate substitute (S-2) as follows:
1. Amend page 1, line 4, after “ACTIVITIES” by inserting “OCCUR ON A MAEAP-VERIFIED FARM AS DEFINED IN SECTION 8703 AND”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1 Yeas—64
Afendoulis Franz Kesto Poleski
Barrett Garcia LaFontaine Potvin
Bizon Glardon Lauwers Price
Brunner Glenn Leonard Pscholka
Bumstead Goike Leutheuser Rendon
Callton Graves Lucido Roberts, B.
Canfield Heise Lyons Runestad
Chatfield Hooker Maturen Sheppard
Clemente Howrylak McBroom Somerville
Cole Hughes McCready Tedder
Cotter Iden Miller, A. Theis
Cox Inman Muxlow Vaupel
Crawford Jacobsen Nesbitt VerHeulen
Dianda Jenkins Outman Victory
Farrington Johnson Pagel Webber
Forlini Kelly Pettalia Yonker
Nays—43
Banks Gay-Dagnogo LaVoy Rutledge
Brinks Geiss Liberati Santana
Byrd Greig Love Schor
Chang Greimel Miller, D. Singh
Chirkun Guerra Moss Smiley
Cochran Hoadley Neeley Talabi
Darany Hovey-Wright Pagan Townsend
Driskell Irwin Phelps Wittenberg
Durhal Kivela Plawecki Yanez
Faris Kosowski Roberts, S. Zemke
Garrett Lane Robinson
In The Chair: Franz
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4983, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74116 (MCL 324.74116), as amended by 2013 PA 81.
(The bill was received from the Senate on December 16, 2015, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 17, 2015, see House Journal No. 102 of 2015, p. 2216.)
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. 2 Yeas—93
Afendoulis Forlini Kosowski Price
Banks Franz LaFontaine Rendon
Barrett Garcia Lane Roberts, B.
Bizon Gay-Dagnogo Lauwers Roberts, S.
Brinks Geiss LaVoy Robinson
Brunner Glardon Leonard Runestad
Bumstead Glenn Leutheuser Rutledge
Byrd Goike Liberati Santana
Callton Graves Love Schor
Canfield Greimel Lyons Sheppard
Chang Guerra Maturen Smiley
Chatfield Heise McCready Somerville
Chirkun Hooker Miller, D. Talabi
Clemente Hovey-Wright Moss Tedder
Cole Howrylak Muxlow Townsend
Cotter Hughes Nesbitt Vaupel
Cox Iden Outman VerHeulen
Crawford Inman Pagel Victory
Darany Jacobsen Pettalia Webber
Dianda Jenkins Phelps Wittenberg
Driskell Johnson Plawecki Yanez
Durhal Kesto Poleski Yonker
Faris Kivela Potvin Zemke
Farrington
Nays—14
Cochran Irwin Miller, A. Pscholka
Garrett Kelly Neeley Singh
Greig Lucido Pagan Theis
Hoadley McBroom
In The Chair: Franz
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
House Bill No. 4552, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2000 PA 288.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 3 Yeas—78
Afendoulis Garrett LaFontaine Potvin
Banks Gay-Dagnogo Lauwers Price
Barrett Glardon LaVoy Pscholka
Bizon Glenn Leonard Rendon
Brunner Goike Leutheuser Roberts, B.
Bumstead Graves Love Runestad
Callton Greimel Lyons Santana
Canfield Heise Maturen Schor
Chatfield Hoadley McBroom Sheppard
Clemente Hooker McCready Singh
Cole Howrylak Miller, A. Smiley
Cotter Hughes Miller, D. Somerville
Cox Iden Muxlow Tedder
Crawford Inman Nesbitt Vaupel
Dianda Jacobsen Outman VerHeulen
Driskell Jenkins Pagel Victory
Durhal Johnson Pettalia Webber
Farrington Kelly Phelps Yonker
Franz Kesto Poleski Zemke
Garcia Kivela
Nays—29
Brinks Geiss Liberati Robinson
Byrd Greig Lucido Rutledge
Chang Guerra Moss Talabi
Chirkun Hovey-Wright Neeley Theis
Cochran Irwin Pagan Townsend
Darany Kosowski Plawecki Wittenberg
Faris Lane Roberts, S. Yanez
Forlini
In The Chair: Franz
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. 4813, entitled
A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3e (MCL 338.883e), as added by 1990 PA 246.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 4 Yeas—58
Afendoulis Glenn Leonard Price
Barrett Graves Leutheuser Pscholka
Bumstead Heise Lucido Rendon
Callton Hooker Lyons Roberts, B.
Canfield Howrylak Maturen Runestad
Chatfield Hughes McBroom Sheppard
Cole Iden McCready Somerville
Cotter Inman Miller, A. Tedder
Cox Jacobsen Muxlow Theis
Crawford Jenkins Nesbitt Vaupel
Farrington Johnson Outman VerHeulen
Forlini Kelly Pettalia Victory
Franz Kesto Poleski Webber
Garcia LaFontaine Potvin Yonker
Glardon Lauwers
Nays—49
Banks Faris Kosowski Roberts, S.
Bizon Garrett Lane Robinson
Brinks Gay-Dagnogo LaVoy Rutledge
Brunner Geiss Liberati Santana
Byrd Goike Love Schor
Chang Greig Miller, D. Singh
Chirkun Greimel Moss Smiley
Clemente Guerra Neeley Talabi
Cochran Hoadley Pagan Townsend
Darany Hovey-Wright Pagel Wittenberg
Dianda Irwin Phelps Yanez
Driskell Kivela Plawecki Zemke
Durhal
In The Chair: Franz
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
House Bill No. 4980, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2014 PA 220.
The bill was read a second time.
Rep. Kesto moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 176, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending the title and sections 20d, 212, 304, 319, 625k, 625l, and 732a (MCL 257.20d, 257.212, 257.304, 257.319, 257.625k, 257.625l, and 257.732a), the title as amended by 2013 PA 231, section 20d as added by 2008 PA 462, sections 212 and 319 as amended by 2015 PA 11, section 304 as amended by 2013 PA 226, sections 625k and 625l as amended by 2008 PA 461, and section 732a as amended by 2014 PA 250, and by adding section 625q.
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. 357, entitled
A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2 and 10 (MCL 257.1302 and 257.1310), section 2 as amended by 1988 PA 254 and section 10 as amended by 2000 PA 366, and by adding sections 6a and 10a.
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.
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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.
Notices
January 13, 2016
Mr. Gary L. Randall
Clerk, Michigan House of Representatives
State Capitol Building
Lansing, MI 48913
Dear Mr. Clerk:
Pursuant to MCL 388.1699s, I am appointing the following Representatives to the MiSTEM Advisory Council:
Rep. Jim Tedder
Rep. Leslie Love
Sincerely,
Kevin Cotter
Speaker of the House
99th District
Messages from the Governor
The following message from the Governor was received January 11, 2016 and read:
EXECUTIVE ORDER
No. 2016 – 1
CREATION OF
FLINT WATER INTERAGENCY COORDINATING COMMITTEE
MICHIGAN DEPARTMENT OF STATE POLICE
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and
WHEREAS, municipal water in the City of Flint showed elevated lead levels after the City of Flint switched its water source to the Flint River; and
WHEREAS, the County of Genesee and the City of Flint have taken actions to cope with the situation, including but not limited to, switching back to the Detroit water system on October 16, 2016, declaring local states of emergency, activating the emergency response and recovery aspects of their emergency operations plan, marshaling and distributing required resources on a city-wide level, and issuing emergency public information and bulletins; and
WHEREAS, the Flint Water Advisory Task Force was formed as an independent advisory task force charged with reviewing actions regarding water use and testing in Flint; and
WHEREAS, the Flint Water Advisory Task Force has made an interim recommendation that the state government should coordinate a sustained, public-health focused response to remedy, to the fullest extent possible, the impacts on the Flint community; and
WHEREAS, on January 5, 2016, the Governor issued a proclamation declaring a state of emergency in the County of Genesee and the City of Flint; and
WHEREAS, multiple state departments and local authorities share the responsibility for ensuring safe drinking water and the coordination of efforts to address the consequences resulting from the presence of elevated lead levels in drinking water; and
WHEREAS, ensuring safe drinking water and addressing the consequences of elevated lead levels in drinking water will require collaboration and communication between state departments, local governments, and subject matter experts; and
WHEREAS, the establishment of a Flint Water Interagency Coordinating Committee within the Michigan Department of State Police will facilitate the collaboration and communication between state departments, local governments, and subject matter experts necessary to effectively coordinate a response and recovery effort;
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. CREATION OF THE FLINT WATER INTERAGENCY COORDINATING COMMITTEE
A. The Flint Water Interagency Coordinating Committee (“Coordinating Committee”) is created as an advisory body within the Michigan Department of State Police (the “Department”).
B. The Coordinating Committee shall be composed of the following seventeen (17) members who shall serve an initial term expiring on December 31, 2018.
• The Director of Office of Urban Initiatives within the Executive Office of the Governor;
• The Deputy State Director of Emergency Management and Homeland Security within the Michigan Department of State Police;
• The Director of the Department of Environmental Quality, or his or her designee;
• The Director of the Department of Health and Human Services, or his or her designee;
• The Director of the Department of Licensing and Regulatory Affairs, or his or her designee;
• The State Treasurer, or his or her designee;
• The Superintendent of Public Instruction, or his or her designee;
• The elected Mayor of the City of Flint who shall be appointed to the Coordinating Committee by the Governor;
• Three (3) additional representatives of the City of Flint who shall be submitted by the Mayor of the City of Flint and appointed to the Coordinating Committee by the Governor;
• Three (3) representatives of Genesee County who shall be submitted by the Genesee County Board of Commissioners and appointed to the Coordinating Committee by the Governor; and
• Three (3) subject matter experts who shall be appointed to the Coordinating Committee by the Governor.
After the initial appointments, members of the Coordinating Committee appointed under this subsection shall serve terms of three years.
C. A vacancy on the Coordinating Committee occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term. A member may continue serving until his or her successor is appointed. A member may serve successive terms if reappointed.
II. CHARGE TO THE COORDINATING COMMITTEE
A. The Coordinating Committee shall act in an advisory capacity to the Governor and subject to the Governor’s review and approval, shall do all of the following:
1. Create an incident action plan designed to assist state and local authorities in ensuring safe drinking water for the residents of the City of Flint and addressing the consequences of elevated lead levels in drinking water.
2. Review recommendations made by the Flint Water Advisory Task Force and propose statutory, regulatory, or contractual actions necessary for implementation of such recommendations.
3. Identify staff with competencies in emergency planning, operations, logistics, and finance as outlined under the National Incident Management System (NIMS) to work with the Coordinating Committee to track resource requests and document progress on the incident action plan.
4. Establish a standard process for sharing pertinent information between all members including use of the NIMS and Unified/Incident Command as appropriate.
5. Establish routine communications protocols at the local, executive, and legislative levels as appropriate.
6. Establish a public information protocol to effectively inform the community.
7. Make recommendations for acceptable standards for potable water.
8. Make recommendations regarding the health impacts for the affected population.
9. Assess the status of infrastructure and determine feasible actions to upgrade the water system.
10. Establish subcommittees among its members to specifically address, at a minimum, each of the three following topic areas: Water Quality, Community Health, and Education.
11. Assist the Governor and the Department in implementing appropriate operations permitted under the Michigan Emergency Management Act or the federal Stafford Disaster Relief and Emergency Assistance Act, including local emergency operations plans and guides.
12. Explore any avenues of funding for response and recovery efforts including federal grants, legislative appropriations, and private partners.
B. The Coordinating Committee shall provide other information or advice as requested by the Governor or the Department.
III. OPERATIONS OF THE COORDINATING COMMITTEE
A. The Coordinating Committee shall be staffed and assisted by personnel from the Department as directed by the Department Director. Any budgeting, procurement, and related management functions of the Coordinating Committee shall be performed under the direction and supervision of the Department Director.
B. The Director of Office of Urban Initiatives within the Executive Office of the Governor and the Deputy State Director of Emergency Management and Homeland Security shall together serve as the Statewide Coordinators responsible for the administrative functions of the Coordinating Committee.
C. The Coordinating Committee may utilize subcommittees and advisory panels composed of its members to assist in completing the functions of the Coordinating Committee. The Coordinating Committee may request public participation on advisory panels as the Coordinating Committee deems necessary.
D. When making recommendations to the Governor, a majority of the serving members of the Coordinating Committee must concur.
E. The Coordinating Committee shall meet at the call of either of the Statewide Coordinators and as may be provided in procedures adopted by the Coordinating Committee.
F. The Coordinating Committee may, as appropriate to perform its duties, make inquiries, conduct studies, consult with outside experts and federal agencies, and receive comments from the public.
G. Members of the Coordinating Committee shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Civil Service Commission, and the Department of Technology, Management and Budget, subject to available funding.
H. The Coordinating Committee may accept donations of labor, services, or other items of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures.
I. Members of the Coordinating Committee shall refer all legal, legislative, and media contacts to the Department.
J. A writing prepared, owned, used, in the possession of, or retained by the Coordinating Committee in the performance of an official function is subject to the Freedom of Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.
IV. MISCELLANEOUS
A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state may give to the Coordinating Committee, or to any member or representative of the Coordinating Committee, any necessary assistance required by the Coordinating Committee, or any member or representative of the Coordinating Committee, in the performance of the duties of the Coordinating Committee so far as is compatible with its, his or her duties.
B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.
The Executive Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 11th day of January, in the year of our Lord, Two Thousand Sixteen
RICHARD D. SNYDER
GOVERNOR
BY THE GOVERNOR:
RUTH A. JOHNSON
SECRETARY OF STATE
The message was referred to the Clerk.
The following message from the Governor was received January 13, 2016 and read:
EXECUTIVE ORDER
No. 2016 – 02
ACTIVATION OF THE NATIONAL GUARD
TO ASSIST IN RESPONDING TO THE EMERGENCY RELATING TO
THE CITY OF FLINT’S WATER SYSTEM
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; and
WHEREAS, Under Section 12 of Article V of the Michigan Constitution of 1963 the Governor is the Commander-in-Chief of the state armed forces and may call them out to execute the laws; and
WHEREAS, Section 151 of the Michigan Military Act, MCL 32.551, authorizes the Governor to order any members of the organized militia to active state service in the aid of the civil authority in times of public danger, disaster, crisis, catastrophe, or other public emergency within the State; and
WHEREAS, municipal water in the City of Flint showed elevated lead levels after the City of Flint changed its water source from the Detroit water system to its own treatment plant drawing from the Flint River; and
WHEREAS, by Executive Proclamation issued on January 5, 2016, the Governor declared a State of Emergency in the City of Flint and Genesee County; and
WHEREAS, lead can be introduced to humans through water, and elevated lead levels can result in significant health impacts, particularly for children, pregnant women, and the elderly; and
WHEREAS, the State’s first priority in addressing this emergency is to limit potential exposure to lead in drinking and cooking water by limiting potential exposure to lead in the City’s water system; and
WHEREAS, other priorities include: (1) directly informing as many Flint residents as possible that filters, bottled water, information on lead, water testing kits, and other resources are available; and (2) directly providing resources to Flint residents and following up with those residents to ensure that they have access to safe water, are fully informed, and have their water supply tested. These tasks will require that personnel go door-to-door in large areas of the City of Flint; and
WHEREAS, due to the significant level of human and other resources required for these tasks, additional assistance is needed to supplement existing personnel and equipment; and
WHEREAS, by the Executive Proclamation of Emergency issued on January 5, 2016, the Governor directed that the Emergency Management and Homeland Security Division of the Department of State Police, coordinate and maximize all state efforts, and call upon all state departments and agencies to utilize available resources to assist the City of Flint and Genesee County pursuant to the Michigan Emergency Management Plan;
NOW, THEREFORE, in consequence of the above, I, Richard D. Snyder, Governor of the State of Michigan, pursuant to the Michigan Constitution of 1963, the Michigan Military Act, 1967 PA 150, MCL 32.501 et seq., and the Emergency Management Act, 1976 PA 390, MCL 30.401 et seq., order the following:
1. The Adjutant General of the Michigan National Guard is directed to order to active state service units and individuals of the Michigan National Guard that, in his discretion, he deems appropriate to meet general mission assignments as determined by the Director of the Department of State Police, or her designee.
2. The Director of the Department of State Police, or her designee, shall coordinate and maximize all state efforts, including such units and individuals of the Michigan National Guard that may be activated to state service to assist the City of Flint and Genesee County in accordance with the Michigan Emergency Management Plan.
3. The Michigan National Guard is activated until such time as determined by the Adjutant General, after consultation with the Director of Department of State Police, or her designee.
The Executive Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 12th day of January, in the year of our Lord, Two Thousand Sixteen
RICHARD D. SNYDER
GOVERNOR
BY THE GOVERNOR:
RUTH A. JOHNSON
SECRETARY OF STATE
The message was referred to the Clerk.
Communications from State Officers
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rules
January 5, 2016
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-079-HS (Secretary of State Filing #16-01-01) on this date at 3:32 P.M. for the Department of Health and Human Services, entitled “Vocational Rehabilitation”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6) or, 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communication was referred to the Clerk.
Introduction of Bills
Reps. Wittenberg and Howrylak introduced
House Bill No. 5206, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16112 and 20135.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Lucido introduced
House Bill No. 5207, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 254.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Zemke, Liberati, Dianda and Plawecki introduced
House Bill No. 5208, entitled
A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending section 59 (MCL 257.1859), as amended by 1996 PA 170.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Rep. Lucido introduced
House Bill No. 5209, entitled
A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” (MCL 141.1541 to 141.1575) by adding section 9a.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Lucido introduced
House Bill No. 5210, 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,” (MCL 691.1401 to 691.1419) by adding section 7d.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Lucido introduced
House Bill No. 5211, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3020 (MCL 500.3020), as amended by 2006 PA 106, and by adding section 2111f.
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Muxlow introduced
House Bill No. 5212, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Muxlow introduced
House Bill No. 5213, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 15 (MCL 423.215), as amended by 2014 PA 414.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Muxlow introduced
House Bill No. 5214, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1284b (MCL 380.1284b), as amended by 2006 PA 235.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Cole, Rendon, Lauwers, Garcia, LaFontaine, Lucido, Leutheuser, Sheppard, Johnson, Outman and Tedder introduced
House Bill No. 5215, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 70a.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Reps. Bizon, McBroom, Howrylak and Moss introduced
House Bill No. 5216, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 2 (MCL 15.232), as amended by 1996 PA 553.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Rep. Lucido introduced
House Bill No. 5217, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5714 (MCL 600.5714), as amended by 2014 PA 223.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Kelly introduced
House Bill No. 5218, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 5, 81d, and 132 (MCL 38.1305, 38.1381d, and 38.1432), section 5 as amended and section 81d as added by 2012 PA 300 and section 132 as added by 2010 PA 75, and by adding section 133.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Announcements by the Clerk
January 11, 2016
Received from the Auditor General a copy of the performance audit report on the Office of Passenger Transportation, Michigan Department of Transportation, January 2016.
Gary L. Randall
Clerk of the House
______
Rep. Canfield moved that the House adjourn.
The motion prevailed, the time being 2:35 p.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Thursday, January 14, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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