No. 27

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2016

House Chamber, Lansing, Wednesday, March 16, 2016.

1:30 p.m.

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 Garrett—present LaFontaine—present Price—present

Banks—present Gay-Dagnogo—present LaGrand—present Pscholka—present

Barrett—present Geiss—present Lane—present Rendon—present

Bizon—present Glardon—present Lauwers—present Roberts, B.—present

Brinks—present Glenn—present LaVoy—present Roberts, S.—present

Brunner—present Goike—present Leonard—present Robinson—present

Bumstead—present Graves—present Leutheuser—present Runestad—present

Byrd—present Greig—present Liberati—present Rutledge—present

Callton—present Greimel—present Love—present Santana—present

Canfield—present Guerra—present Lucido—present Schor—present

Chang—present Heise—present Lyons—present Sheppard—present

Chatfield—present Hoadley—present Maturen—present Singh—present

Chirkun—present Hooker—present McBroom—present Smiley—present

Clemente—present Hovey-Wright—present McCready—present Somerville—present

Cochran—present Howell—present Miller, A.—present Talabi—present

Cole—present Howrylak—present Moss—present Tedder—present

Cotter—present Hughes—present Muxlow—present Theis—present

Cox—present Iden—present Neeley—present Townsend—present

Crawford—present Inman—present Nesbitt—present Vaupel—present

Darany—present Irwin—present Outman—present VerHeulen—present

Dianda—present Jacobsen—present Pagan—present Victory—present

Driskell—present Jenkins—present Pagel—present Webber—present

Durhal—present Johnson—present Pettalia—present Whiteford—present

Faris—present Kelly—present Phelps—present Wittenberg—present

Farrington—present Kesto—present Plawecki—present Yanez—present

Forlini—present Kivela—present Poleski—present Yonker—present

Franz—present Kosowski—present Potvin—present Zemke—present

Garcia—present

e/d/s = entered during session

Dr. Lonnie W. Brown, Pastor of Kingdom of Heaven Ministries in Flint, offered the following invocation:

“Our Father God, we thank You for the service provided by the Governor, Lieutenant Governor, Speaker of the House and all Government Officials. As we have been summoned here by the citizens of this great State to address their concerns, solve their problems and speak to their hope. We ask for Your grace to fulfill their expectations!

In spite of our various backgrounds cultural and geographical, we have been called here by You to work together. We have been called to create a strength of unity that cannot be resisted by our specific individual differences. Help us today with grace to rise above these so called separations, to embrace a Spirit of unity that will bring to the forefront the purpose inscribed in each one of us by Your design.

Your Design creates an atmosphere that is healthy, holistic, and supportive to all citizens regardless of their past problems or specific preferences. We thank You for this privilege today. While our state has been inundated with so many challenges there is one that looms large over the horizon – the water crisis in Flint.

There seems to be a growing worldwide public outcry and deep concern for the safety and security of the citizens of Flint, Michigan. It is our prayer today that this crisis is resolved by all of us in this hall, with the idea that the people outside this hall need our total cooperation. I pray grace today that we not only address this problem with a solution, but that we have grace to address any other problem that may reach this floor. Thank You for the grace to represent You, as we serve all of the citizens of this great state of Michigan, executing legislative justice and equity. In Jesus name, Amen.”

Messages from the Senate

The Speaker laid before the House

House Bill No. 4747, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5821 (MCL 600.5821), as amended by 1988 PA 35.

(The bill was received from the Senate on March 10, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 25, p. 366.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

Rep. Glardon moved to amend the Senate substitute (S-1) as follows:

1. Amend page 2, following line 23, by inserting:

“Enacting section 2. Section 5821 of the revised judicature act of 1961, 1961 PA 236, MCL 600.5821, as amended by this 2016 amendatory act, applies to an action commenced on or after the effective date of this 2016 amendatory act.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Glardon moved to amend the Senate substitute (S-1) as follows:

1. Amend page 1, line 9, after “alley,” by striking out “EASEMENT,”.

2. Amend page 2, line 5, after “POSSESSION” by striking out the comma and inserting “OR”.

3. Amend page 2, line 6, after “PERIOD” by striking out the balance of the line and inserting a period.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 102 Yeas—92

Afendoulis Garcia LaFontaine Potvin

Banks Garrett LaGrand Price

Barrett Gay-Dagnogo Lane Pscholka

Bizon Geiss Lauwers Rendon

Brinks Graves LaVoy Roberts, B.

Brunner Greig Leonard Roberts, S.

Bumstead Greimel Leutheuser Runestad

Byrd Guerra Liberati Rutledge

Callton Heise Love Santana

Canfield Hoadley Lucido Schor

Chang Hovey-Wright Lyons Sheppard

Chirkun Howell Maturen Singh

Clemente Howrylak McCready Smiley

Cochran Hughes Moss Talabi

Cotter Iden Muxlow Townsend

Cox Inman Neeley Vaupel

Crawford Irwin Nesbitt VerHeulen

Darany Jacobsen Outman Victory

Driskell Jenkins Pagan Webber

Durhal Johnson Pagel Wittenberg

Faris Kesto Phelps Yanez

Farrington Kivela Plawecki Yonker

Forlini Kosowski Poleski Zemke

Nays—17

Chatfield Glenn McBroom Somerville

Cole Goike Miller, A. Tedder

Dianda Hooker Pettalia Theis

Franz Kelly Robinson Whiteford

Glardon

In The Chair: Cotter

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. 5257, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 610.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 103 Yeas—103

Afendoulis Franz Kivela Poleski

Banks Garcia Kosowski Potvin

Barrett Garrett LaFontaine Pscholka

Bizon Gay-Dagnogo LaGrand Rendon

Brinks Geiss Lane Roberts, B.

Brunner Glardon Lauwers Roberts, S.

Bumstead Glenn LaVoy Rutledge

Byrd Goike Leonard Santana

Callton Graves Leutheuser Schor

Canfield Greig Liberati Sheppard

Chang Greimel Love Singh

Chatfield Guerra Lucido Smiley

Chirkun Heise Lyons Somerville

Clemente Hoadley Maturen Tedder

Cochran Hovey-Wright McCready Theis

Cole Howell Miller, A. Townsend

Cotter Howrylak Moss Vaupel

Cox Hughes Muxlow VerHeulen

Crawford Iden Neeley Victory

Darany Inman Nesbitt Webber

Dianda Irwin Outman Whiteford

Driskell Jacobsen Pagan Wittenberg

Durhal Jenkins Pagel Yanez

Faris Johnson Pettalia Yonker

Farrington Kelly Phelps Zemke

Forlini Kesto Plawecki

Nays—6

Hooker Price Runestad Talabi

McBroom Robinson

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Nesbitt moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Senate Bill No. 551, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1104, 2801, 2803, 2807, 3206, 3207, 3209, 3614, and 3701 (MCL 700.1104, 700.2801, 700.2803, 700.2807, 700.3206, 700.3207, 700.3209, 700.3614, and 700.3701), section 1104 as amended by 2009 PA 46, section 2803 as amended by 2012 PA 173, section 2807 as amended by 2000 PA 54, sections 3206 and 3209 as amended by 2012 PA 63, section 3207 as amended by 2010 PA 325, and sections 3614 and 3701 as amended by 2006 PA 299, and by adding sections 3206a and 3206b; and to repeal acts and parts of acts.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 104 Yeas—109

Afendoulis Garrett LaFontaine Price

Banks Gay-Dagnogo LaGrand Pscholka

Barrett Geiss Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Robinson

Bumstead Graves Leutheuser Runestad

Byrd Greig Liberati Rutledge

Callton Greimel Love Santana

Canfield Guerra Lucido Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Singh

Chirkun Hooker McBroom Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howell Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Theis

Cox Iden Neeley Townsend

Crawford Inman Nesbitt Vaupel

Darany Irwin Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Whiteford

Faris Kelly Phelps Wittenberg

Farrington Kesto Plawecki Yanez

Forlini Kivela Poleski Yonker

Franz Kosowski Potvin Zemke

Garcia

Nays—0

In The Chair: Leonard

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; 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. 216, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 98, 107, 230, and 256 (MCL 388.1604, 388.1606, 388.1698, 388.1707, 388.1830, and 388.1856), section 4 as amended by 2012 PA 201, sections 6 and 107 as amended by 2015 PA 139, and sections 98, 230, and 256 as amended by 2015 PA 85.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 105 Yeas—108

Afendoulis Garcia Kosowski Potvin

Banks Garrett LaFontaine Price

Barrett Gay-Dagnogo LaGrand Pscholka

Bizon Geiss Lane Rendon

Brinks Glardon Lauwers Roberts, B.

Brunner Glenn LaVoy Roberts, S.

Bumstead Goike Leonard Runestad

Byrd Graves Leutheuser Rutledge

Callton Greig Liberati Santana

Canfield Greimel Love Schor

Chang Guerra Lucido Sheppard

Chatfield Heise Lyons Singh

Chirkun Hoadley Maturen Smiley

Clemente Hooker McBroom Somerville

Cochran Hovey-Wright McCready Talabi

Cole Howell Miller, A. Tedder

Cotter Howrylak Moss Theis

Cox Hughes Muxlow Townsend

Crawford Iden Neeley Vaupel

Darany Inman Nesbitt VerHeulen

Dianda Irwin Outman Victory

Driskell Jacobsen Pagan Webber

Durhal Jenkins Pagel Whiteford

Faris Johnson Pettalia Wittenberg

Farrington Kelly Phelps Yanez

Forlini Kesto Plawecki Yonker

Franz Kivela Poleski Zemke

Nays—1

Robinson

In The Chair: Leonard

The question being on agreeing to the title of the bill,

Rep. Nesbitt moved to amend the title to read as follows:

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 4, 6, 98, 107, 230, and 256 (MCL 388.1604, 388.1606, 388.1698, 388.1707, 388.1830, and 388.1856), section 4 as amended by 2012 PA 201, section 6 as amended by 2015 PA 223, sections 98, 230, and 256 as amended by 2015 PA 85, and section 107 as amended by 2015 PA 139.

The motion prevailed.

The House agreed to the title as amended.

Rep. Nesbitt moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Senate Bill No. 366, entitled

A bill to regulate the solicitation of certain deeds; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 106 Yeas—109

Afendoulis Garrett LaFontaine Price

Banks Gay-Dagnogo LaGrand Pscholka

Barrett Geiss Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Robinson

Bumstead Graves Leutheuser Runestad

Byrd Greig Liberati Rutledge

Callton Greimel Love Santana

Canfield Guerra Lucido Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Singh

Chirkun Hooker McBroom Smiley

Clemente Hovey-Wright McCready Somerville

Cochran Howell Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Theis

Cox Iden Neeley Townsend

Crawford Inman Nesbitt Vaupel

Darany Irwin Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Whiteford

Faris Kelly Phelps Wittenberg

Farrington Kesto Plawecki Yanez

Forlini Kivela Poleski Yonker

Franz Kosowski Potvin Zemke

Garcia

Nays—0

In The Chair: Leonard

The House agreed to the title of the bill.

Rep. Nesbitt moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

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.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 107 Yeas—99

Afendoulis Gay-Dagnogo LaGrand Potvin

Banks Geiss Lane Price

Bizon Glardon Lauwers Pscholka

Brinks Goike LaVoy Rendon

Brunner Graves Leonard Roberts, B.

Bumstead Greig Leutheuser Roberts, S.

Byrd Greimel Liberati Runestad

Callton Guerra Love Rutledge

Canfield Heise Lucido Santana

Chang Hoadley Lyons Sheppard

Chatfield Hovey-Wright Maturen Singh

Chirkun Howell McBroom Smiley

Clemente Howrylak McCready Talabi

Cochran Hughes Miller, A. Tedder

Cotter Iden Moss Townsend

Cox Inman Muxlow Vaupel

Crawford Irwin Neeley VerHeulen

Darany Jacobsen Nesbitt Victory

Driskell Jenkins Outman Webber

Durhal Johnson Pagan Whiteford

Faris Kelly Pagel Wittenberg

Farrington Kesto Pettalia Yanez

Forlini Kivela Phelps Yonker

Garcia Kosowski Plawecki Zemke

Garrett LaFontaine Poleski

Nays—10

Barrett Franz Robinson Somerville

Cole Glenn Schor Theis

Dianda Hooker

In The Chair: Leonard

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect 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.

House Bill No. 5275, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72115, and 81133 (MCL 324.72101, 324.72115, and 324.81133), section 72101 as amended by 2014 PA 211, section 72115 as amended by 2014 PA 213, and section 81133 as amended by 2014 PA 147, and by adding section 72117; and to repeal acts and parts of acts.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 108 Yeas—68

Afendoulis Glardon Leutheuser Rendon

Barrett Glenn Love Roberts, B.

Bizon Goike Lucido Runestad

Bumstead Graves Lyons Rutledge

Callton Heise Maturen Santana

Canfield Hooker McBroom Sheppard

Chatfield Hughes McCready Smiley

Chirkun Iden Miller, A. Somerville

Cole Inman Muxlow Tedder

Cotter Jacobsen Nesbitt Theis

Cox Jenkins Outman Vaupel

Crawford Johnson Pagel VerHeulen

Farrington Kelly Pettalia Victory

Forlini Kesto Poleski Webber

Franz LaFontaine Potvin Whiteford

Garcia Lauwers Price Yanez

Gay-Dagnogo Leonard Pscholka Yonker

Nays—41

Banks Faris Irwin Phelps

Brinks Garrett Kivela Plawecki

Brunner Geiss Kosowski Roberts, S.

Byrd Greig LaGrand Robinson

Chang Greimel Lane Schor

Clemente Guerra LaVoy Singh

Cochran Hoadley Liberati Talabi

Darany Hovey-Wright Moss Townsend

Dianda Howell Neeley Wittenberg

Driskell Howrylak Pagan Zemke

Durhal

In The Chair: Leonard

The House agreed to the title of the bill.

Rep. Nesbitt moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 5395, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5204e (MCL 324.5204e), as added by 2012 PA 511.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 109 Yeas—106

Afendoulis Garcia LaFontaine Potvin

Banks Garrett LaGrand Price

Barrett Gay-Dagnogo Lane Pscholka

Bizon Geiss Lauwers Rendon

Brinks Glardon LaVoy Roberts, B.

Brunner Glenn Leonard Roberts, S.

Bumstead Goike Leutheuser Robinson

Byrd Graves Liberati Runestad

Callton Greig Love Rutledge

Canfield Greimel Lucido Santana

Chang Guerra Lyons Schor

Chatfield Heise Maturen Sheppard

Chirkun Hoadley McBroom Smiley

Clemente Hooker McCready Somerville

Cochran Hovey-Wright Miller, A. Talabi

Cole Howell Moss Tedder

Cotter Howrylak Muxlow Theis

Cox Hughes Neeley Vaupel

Crawford Iden Nesbitt VerHeulen

Darany Inman Outman Victory

Dianda Jacobsen Pagan Webber

Driskell Jenkins Pagel Whiteford

Durhal Johnson Pettalia Wittenberg

Faris Kelly Phelps Yanez

Farrington Kesto Plawecki Yonker

Forlini Kivela Poleski Zemke

Franz Kosowski

Nays—3

Irwin Singh Townsend

In The Chair: Leonard

The House agreed to the title of the bill.

Rep. Nesbitt moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4869, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1307a (MCL 600.1307a), as amended by 2012 PA 69.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 110 Yeas—95

Afendoulis Gay-Dagnogo LaFontaine Rendon

Banks Geiss LaGrand Roberts, B.

Barrett Glardon Lane Roberts, S.

Bizon Glenn Lauwers Runestad

Brinks Goike Leonard Rutledge

Byrd Graves Leutheuser Santana

Callton Greig Liberati Schor

Canfield Greimel Love Sheppard

Chang Guerra Lucido Singh

Chatfield Heise Lyons Smiley

Chirkun Hoadley Maturen Somerville

Clemente Hooker McCready Talabi

Cochran Howell Moss Tedder

Cole Hughes Muxlow Theis

Cotter Iden Nesbitt Townsend

Cox Inman Outman Vaupel

Crawford Irwin Pagan VerHeulen

Darany Jacobsen Pagel Victory

Driskell Jenkins Pettalia Webber

Durhal Johnson Phelps Whiteford

Farrington Kelly Poleski Wittenberg

Forlini Kesto Potvin Yanez

Franz Kivela Price Zemke

Garcia Kosowski Pscholka

Nays—14

Brunner Garrett McBroom Plawecki

Bumstead Hovey-Wright Miller, A. Robinson

Dianda Howrylak Neeley Yonker

Faris LaVoy

In The Chair: Leonard

The House agreed to the title of the bill.

Rep. Garcia moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Franz to the Chair.

Senate Bill No. 374, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5101 (MCL 333.5101), as amended by 2010 PA 119.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 111 Yeas—102

Afendoulis Geiss Lauwers Rendon

Banks Glardon LaVoy Roberts, B.

Bizon Glenn Leonard Roberts, S.

Brinks Graves Leutheuser Robinson

Brunner Greig Liberati Runestad

Byrd Greimel Love Rutledge

Callton Guerra Lucido Santana

Canfield Heise Lyons Schor

Chang Hoadley Maturen Sheppard

Chatfield Hooker McBroom Singh

Chirkun Hovey-Wright McCready Smiley

Clemente Howell Miller, A. Somerville

Cochran Howrylak Moss Talabi

Cotter Hughes Muxlow Tedder

Cox Iden Neeley Theis

Crawford Inman Nesbitt Townsend

Darany Irwin Outman Vaupel

Driskell Jacobsen Pagan VerHeulen

Durhal Jenkins Pagel Victory

Faris Johnson Pettalia Webber

Farrington Kesto Phelps Whiteford

Forlini Kivela Plawecki Wittenberg

Franz Kosowski Poleski Yanez

Garcia LaFontaine Price Yonker

Garrett LaGrand Pscholka Zemke

Gay-Dagnogo Lane

Nays—7

Barrett Cole Goike Potvin

Bumstead Dianda Kelly

In The Chair: Franz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

The House agreed to the full title.

Rep. Garcia moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Senate Bill No. 375, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5111 (MCL 333.5111), as amended by 2010 PA 119.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 112 Yeas—102

Afendoulis Geiss Lauwers Rendon

Banks Glardon LaVoy Roberts, B.

Bizon Glenn Leonard Roberts, S.

Brinks Graves Leutheuser Robinson

Brunner Greig Liberati Runestad

Byrd Greimel Love Rutledge

Callton Guerra Lucido Santana

Canfield Heise Lyons Schor

Chang Hoadley Maturen Sheppard

Chatfield Hooker McBroom Singh

Chirkun Hovey-Wright McCready Smiley

Clemente Howell Miller, A. Somerville

Cochran Howrylak Moss Talabi

Cotter Hughes Muxlow Tedder

Cox Iden Neeley Theis

Crawford Inman Nesbitt Townsend

Darany Irwin Outman Vaupel

Driskell Jacobsen Pagan VerHeulen

Durhal Jenkins Pagel Victory

Faris Johnson Pettalia Webber

Farrington Kesto Phelps Whiteford

Forlini Kivela Plawecki Wittenberg

Franz Kosowski Poleski Yanez

Garcia LaFontaine Price Yonker

Garrett LaGrand Pscholka Zemke

Gay-Dagnogo Lane

Nays—7

Barrett Cole Goike Potvin

Bumstead Dianda Kelly

In The Chair: Franz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

The House agreed to the full title.

Rep. Nesbitt moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Senate Bill No. 376, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5117 (MCL 333.5117), as amended by 2010 PA 119.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 113 Yeas—102

Afendoulis Geiss Lauwers Rendon

Banks Glardon LaVoy Roberts, B.

Bizon Glenn Leonard Roberts, S.

Brinks Graves Leutheuser Robinson

Brunner Greig Liberati Runestad

Byrd Greimel Love Rutledge

Callton Guerra Lucido Santana

Canfield Heise Lyons Schor

Chang Hoadley Maturen Sheppard

Chatfield Hooker McBroom Singh

Chirkun Hovey-Wright McCready Smiley

Clemente Howell Miller, A. Somerville

Cochran Howrylak Moss Talabi

Cotter Hughes Muxlow Tedder

Cox Iden Neeley Theis

Crawford Inman Nesbitt Townsend

Darany Irwin Outman Vaupel

Driskell Jacobsen Pagan VerHeulen

Durhal Jenkins Pagel Victory

Faris Johnson Pettalia Webber

Farrington Kesto Phelps Whiteford

Forlini Kivela Plawecki Wittenberg

Franz Kosowski Poleski Yanez

Garcia LaFontaine Price Yonker

Garrett LaGrand Pscholka Zemke

Gay-Dagnogo Lane

Nays—7

Barrett Cole Goike Potvin

Bumstead Dianda Kelly

In The Chair: Franz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

The House agreed to the full title.

Rep. Nesbitt moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Senate Bill No. 377, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5119 (MCL 333.5119), as amended by 2000 PA 209.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 114 Yeas—101

Afendoulis Geiss Lane Pscholka

Banks Glardon Lauwers Rendon

Bizon Glenn LaVoy Roberts, B.

Brinks Graves Leonard Roberts, S.

Brunner Greig Leutheuser Runestad

Byrd Greimel Liberati Rutledge

Callton Guerra Love Santana

Canfield Heise Lucido Schor

Chang Hoadley Lyons Sheppard

Chatfield Hooker Maturen Singh

Chirkun Hovey-Wright McBroom Smiley

Clemente Howell McCready Somerville

Cochran Howrylak Miller, A. Talabi

Cotter Hughes Moss Tedder

Cox Iden Muxlow Theis

Crawford Inman Neeley Townsend

Darany Irwin Nesbitt Vaupel

Driskell Jacobsen Outman VerHeulen

Durhal Jenkins Pagan Victory

Faris Johnson Pagel Webber

Farrington Kesto Pettalia Whiteford

Forlini Kivela Phelps Wittenberg

Franz Kosowski Plawecki Yanez

Garcia LaFontaine Poleski Yonker

Garrett LaGrand Price Zemke

Gay-Dagnogo

Nays—8

Barrett Cole Goike Potvin

Bumstead Dianda Kelly Robinson

In The Chair: Franz

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

The House agreed to the full title.

Rep. Nesbitt moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 4911, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 36 and 56 of chapter X (MCL 710.36 and 710.56), section 36 as amended by 1996 PA 409 and section 56 as amended by 2014 PA 118.

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 not adopted, a majority of the members serving not voting therefor.

Rep. Crawford moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Crawford moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

______

The Speaker Pro Tempore resumed the Chair.

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.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Cochran moved to amend the bill as follows:

1. Amend page 5, line 4, after “a” by inserting “written”.

2. Amend page 5, line 6, after “The” by inserting “written”.

3. Amend page 5, line 8, after “out” by striking out “the” and inserting “that written”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Cochran moved to amend the bill as follows:

1. Amend page 6, line 15, after “liable” by striking out the balance of the subsection and inserting “for injuries resulting from services rendered or not rendered by the caregiver to the patient at the patient’s residence, unless the services rendered or not rendered by the caregiver to the patient at the patient’s residence complied with instructions provided to the caregiver directly before the patient was discharged, or as part of the discharge plan.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Graves moved to amend the bill as follows:

1. Amend page 2, line 12, after “compensation” by inserting “from a health care provider or insurer”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Kesto moved to amend the bill as follows:

1. Amend page 6, line 15, after “liable” by striking out the comma and “in any way,”.

2. Amend page 6, line 15, after “the” by inserting “negligent, grossly negligent, or reckless”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 502, entitled

A bill to amend 1984 PA 323, entitled “The health care false claim act,” by amending section 4a (MCL 752.1004a), as added by 2004 PA 411.

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.

House Bill No. 5205, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 6a.

The bill was read a second time.

Rep. McBroom moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4895, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 541 (MCL 436.1541), as amended by 2008 PA 489.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Regulatory Reform (for amendments, see House Journal No. 24, p. 358),

The amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Nesbitt moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Moss moved to amend the bill as follows:

1. Amend page 5, line 2, after “WHICH” by striking out “BOTH” and inserting “ALL”.

2. Amend page 5, following line 9, by inserting:

(C) THE HOLDER OF THE SPECIALLY DESIGNATED MERCHANT LICENSE OBTAINS THE APPROVAL FROM THE LOCAL LEGISLATIVE BODY OF THE JURISDICTION WITHIN WHICH THE PREMISES ARE LOCATED.”.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Franz moved to amend the bill as follows:

1. Amend page 2, line 6, after “than” by striking out “$250,000.00” and inserting “$50,000.00”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Nesbitt moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Senate Bill No. 667, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 609 (MCL 436.1609), as amended by 2014 PA 353, and by adding sections 609a and 609b.

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.

______

Rep. Nesbitt moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

______

The Speaker Pro Tempore 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 reproduced and made available electronically on Tuesday, March 15:

House Bill Nos. 5453 5454 5455 5456 5457 5458 5459 5460 5461 5462 5463 5464 5465 5466

5467

The Clerk announced that the following Senate bills had been received on Wednesday, March 16:

Senate Bill Nos. 314 579 619 620 621 622 623 624

Reports of Standing Committees

The Committee on Families, Children, and Seniors, by Rep. Hooker, Chair, reported

House Bill No. 5119, entitled

A bill to amend 1978 PA 389, entitled “An act to provide for the prevention and treatment of domestic violence; to develop and establish policies, procedures, and standards for providing domestic violence assistance programs and services; to create a domestic violence prevention and treatment board and prescribe its powers and duties; to establish a domestic violence prevention and treatment fund and provide for its use; to prescribe powers and duties of the family independence agency; to prescribe immunities and liabilities of certain persons and officials; and to prescribe penalties for violations of this act,” by amending the title and section 1 (MCL 400.1501), the title as amended by 2001 PA 192 and section 1 as amended by 2000 PA 84.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright, Talabi and Liberati

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hooker, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Wednesday, March 16, 2016

Present: Reps. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright, Talabi and Liberati

Absent: None.

Excused: None.

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

House Bill No. 5283, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2 and 36 (MCL 567.222 and 567.256), section 2 as amended by 2008 PA 208, and by adding section 36a.

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 543, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 544, entitled

A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 9 (MCL 722.1029), as amended by 2014 PA 530.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 582, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87c (MCL 211.87b and 211.87c), section 87b as amended by 2014 PA 126 and section 87c as amended by 2012 PA 431, and by adding section 87f.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd

Nays: None

The Committee on Tax Policy, by Rep. Farrington, Chair, reported

Senate Bill No. 583, entitled

A bill to amend 1933 PA 94, entitled “The revenue bond act of 1933,” by amending the title and section 3 (MCL 141.103), the title as amended by 1998 PA 196 and section 3 as amended by 2002 PA 465, and by adding sections 7b, 21a, 22a, and 24a.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Farrington, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, March 16, 2016

Present: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Townsend, Clemente, LaVoy and Byrd

The Committee on Appropriations, by Rep. Pscholka, Chair, reported

House Bill No. 5296, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Canfield, Cox, Garcia, Inman, Santana, Irwin, Sarah Roberts, Banks, Faris, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan

Nays: Reps. Bizon and Aaron Miller

The Committee on Appropriations, by Rep. Pscholka, Chair, reported

House Bill No. 5385, entitled

A bill to amend 2014 PA 181, entitled “Michigan financial review commission act,” by amending sections 2, 3, 4, 5, 6, 7, 8, and 12 (MCL 141.1632, 141.1633, 141.1634, 141.1635, 141.1636, 141.1637, 141.1638, and 141.1642).

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Canfield, Cox, Garcia, Inman, Aaron Miller and Santana

Nays: Reps. Bizon, Irwin, Sarah Roberts, Banks, Faris, Durhal and Pagan

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Pscholka, Chair, of the Committee on Appropriations, was received and read:

Meeting held on: Wednesday, March 16, 2016

Present: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Garcia, Inman, Aaron Miller, Santana, Irwin, Sarah Roberts, Banks, Faris, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan

The Committee on Local Government, by Rep. Chatfield, Chair, reported

Senate Bill No. 729, 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 2015 PA 236.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner and Rutledge

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Chatfield, Chair, of the Committee on Local Government, was received and read:

Meeting held on: Wednesday, March 16, 2016

Present: Reps. Chatfield, Price, Heise, Maturen, Runestad, Sheppard, Theis, Moss, Brunner and Rutledge

Absent: Rep. Neeley

Excused: Rep. Neeley

The Committee on Financial Liability Reform, by Rep. Somerville, Chair, reported

House Bill No. 4338, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 125, 127, and 131a (MCL 38.1425, 38.1427, and 38.1431a), sections 125 and 127 as added by 2010 PA 75 and section 131a as added by 2012 PA 300.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Somerville, Leutheuser, Farrington, LaFontaine, Lyons and Poleski

Nays: Reps. Byrd and Chirkun

The Committee on Financial Liability Reform, by Rep. Somerville, Chair, reported

House Resolution No. 223.

A resolution to memorialize the Congress of the United States to enact the Retail Investor Protection Act and also to enact legislation that prohibits the United States Department of Labor from amending fiduciary duty regulations to define retirement savings brokers and agents as fiduciaries, including those previously not deemed fiduciaries.

(For text of resolution, see House Journal No. 14, p. 182.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Somerville, Leutheuser, Farrington, LaFontaine, Lyons and Poleski

Nays: Reps. Wittenberg, Byrd and Chirkun

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Somerville, Chair, of the Committee on Financial Liability Reform, was received and read:

Meeting held on: Wednesday, March 16, 2016

Present: Reps. Somerville, Leutheuser, Farrington, LaFontaine, Lyons, Poleski, Wittenberg, Byrd and Chirkun

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lyons, Chair, of the Committee on Elections, was received and read:

Meeting held on: Wednesday, March 16, 2016

Present: Reps. Lyons, Leutheuser, Heise, Jacobsen, Kesto, Driskell, Irwin and Hoadley

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lauwers, Chair, of the Committee on Agriculture, was received and read:

Meeting held on: Wednesday, March 16, 2016

Present: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Brett Roberts, Sheppard, Vaupel, Whiteford, Brunner, Darany, Talabi, LaVoy and Garrett

Absent: Rep. Driskell

Excused: Rep. Driskell

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Forlini, Chair, of the Committee on Financial Services, was received and read:

Meeting held on: Wednesday, March 16, 2016

Present: Reps. Forlini, Pettalia, Callton, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love

Messages from the Senate

Senate Bill No. 314, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.

Senate Bill No. 579, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2 and 4 (MCL 125.2652 and 125.2654), section 2 as amended by 2013 PA 67 and section 4 as amended by 2012 PA 502.

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. 619, entitled

A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending sections 1 and 3 (MCL 125.1801 and 125.1803), section 1 as amended by 2014 PA 38 and section 3 as amended by 2005 PA 14.

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. 620, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending sections 1 and 3 (MCL 125.1651 and 125.1653), section 1 as amended by 2013 PA 66 and section 3 as amended by 2005 PA 115.

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. 621, entitled

A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending sections 3 and 18 (MCL 125.2873 and 125.2888), section 3 as amended by 2013 PA 68 and section 18 as amended by 2008 PA 44.

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. 622, entitled

A bill to amend 2008 PA 94, entitled “Water resource improvement tax increment finance authority act,” by amending sections 3 and 15 (MCL 125.1773 and 125.1785), section 3 as amended by 2013 PA 25.

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. 623, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2 and 4 (MCL 125.2152 and 125.2154), section 2 as amended by 2013 PA 62 and section 4 as amended by 2012 PA 290.

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. 624, entitled

A bill to amend 2004 PA 530, entitled “Historical neighborhood tax increment finance authority act,” by amending sections 3 and 17 (MCL 125.2843 and 125.2857), section 3 as amended by 2010 PA 237.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Notices

March 15, 2016

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

Dear Mr. Clerk:

This letter is to notify you of the following committee changes:

I am appointing Representative Mary Whiteford to replace Representative Gary Howell on the Military and Veterans Affairs Committee.

I am appointing Representative Gary Howell to replace Representative Mary Whiteford on the Regulatory Reform Committee.

Sincerely,

Kevin Cotter

Speaker of the House

99th District

March 16, 2016

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

Due to the vacancy created by former Representative Derek Miller’s resignation, pursuant to MCL 4.1301, I am appointing Representative Robert Kosowski to the Michigan Commission on Uniform State Laws for the term ending December 31, 2016:

Sincerely,

Kevin Cotter

Speaker of the House

99th District

Messages from the Governor

Date: March 15, 2016

Time: 11:46 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4314 (Public Act No. 46, I.E.), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 601d (MCL 257.601d), as added by 2008 PA 463.

(Filed with the Secretary of State March 15, 2016, at 1:46 p.m.)

Date: March 15, 2016

Time: 11:36 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4408 (Public Act No. 47, I.E.), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding section 18813.

(Filed with the Secretary of State March 15, 2016, at 1:48 p.m.)

Date: March 15, 2016

Time: 11:50 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4458 (Public Act No. 48, I.E.), being

An act to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10p (MCL 247.660p), as added by 2010 PA 135.

(Filed with the Secretary of State March 15, 2016, at 1:50 p.m.)

Date: March 15, 2016

Time: 11:38 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4999 (Public Act No. 49, I.E.), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 7405, 16192, 16201, 16349, 17708, 17751, and 17763 (MCL 333.7405, 333.16192, 333.16201, 333.16349, 333.17708, 333.17751, and 333.17763), sections 7405, 17708, and 17763 as amended by 2012 PA 209, section 16192 as amended by 2013 PA 268, section 16201 as amended by 1988 PA 462, section 16349 as added by 1993 PA 79, and section 17751 as amended by 2014 PA 525.

(Filed with the Secretary of State March 15, 2016, at 1:52 p.m.)

Date: March 15, 2016

Time: 11:48 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5105 (Public Act No. 50), being

An act to amend 2011 PA 142, entitled “An act to impose an assessment on certain health care claims; to impose certain duties and obligations on certain insurance or health coverage providers; to impose certain duties on certain state departments, agencies, and officials; to create certain funds; to authorize certain expenditures; to impose certain remedies and penalties; to provide for an appropriation; and to repeal acts and parts of acts,” by amending sections 3 and 7 (MCL 550.1733 and 550.1737), section 3 as amended by 2014 PA 162; and to repeal acts and parts of acts.

(Filed with the Secretary of State March 15, 2016, at 1:54 p.m.)

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

March 15, 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 #2015-037-LR (Secretary of State Filing #16-03-06) on this date at 3:21 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 15. Excavators, Hoists, Elevators, Helicopters, and Conveyors”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

March 15, 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 #2015-038-LR (Secretary of State Filing #16-03-07) on this date at 3:21 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 10. Cranes and Derricks”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) 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 communications were referred to the Clerk.

Introduction of Bills

Reps. Kosowski, Lane, Kivela and Geiss introduced

House Bill No. 5468, entitled

A bill to amend 2012 PA 176, entitled “Mozelle senior or vulnerable adult medical alert act,” (MCL 28.711 to 28.718) by amending the title and by adding section 2a.

The bill was read a first time by its title and referred to the Committee on Communications and Technology.

Reps. McBroom, Moss, Chatfield, Kivela, Webber, Runestad, Plawecki, Dianda, Lane, Hoadley, Pagan, Rutledge, Irwin, Chang, Barrett, Somerville, LaVoy, Howrylak, Darany, Brinks, Hughes, LaGrand, Bizon, Glenn, Greimel, Lyons, Sarah Roberts, Hovey-Wright, Cox, Wittenberg, Price, Townsend, Tedder, Hooker, Howell, Phelps and Lucido introduced

House Bill No. 5469, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding part 2.

The bill was read a first time by its title and referred to the Committee on Oversight and Ethics.

Reps. Howrylak, McBroom, Moss, Chatfield, Webber, Kivela, Runestad, Plawecki, Dianda, Lane, Hoadley, Pagan, Chang, Rutledge, Irwin, Barrett, Somerville, LaVoy, Darany, Brinks, Hughes, LaGrand, Bizon, Glenn, Cox, Sarah Roberts, Hovey-Wright, Wittenberg, Townsend, Price, Tedder, Lyons, Hooker, Howell, Phelps and Lucido introduced

House Bill No. 5470, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 54.

The bill was read a first time by its title and referred to the Committee on Oversight and Ethics.

Reps. Bizon, McBroom, Moss, Chatfield, Kivela, Webber, Runestad, Plawecki, Dianda, Lane, Hoadley, Pagan, Rutledge, Irwin, Chang, Barrett, Somerville, LaVoy, Darany, Hughes, Brinks, Howrylak, LaGrand, Glenn, Cox, Lyons, Sarah Roberts, Hovey-Wright, Wittenberg, Townsend, Price, Tedder, Hooker, Howell, Phelps and Lucido introduced

House Bill No. 5471, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 55.

The bill was read a first time by its title and referred to the Committee on Oversight and Ethics.

Reps. Barrett, McBroom, Moss, Chatfield, Webber, Kivela, Runestad, Dianda, Plawecki, Lane, Hoadley, Pagan, Irwin, Rutledge, Chang, Somerville, LaVoy, Darany, Hughes, Brinks, Howrylak, LaGrand, Bizon, Glenn, Tedder, Sarah Roberts, Hovey-Wright, Cox, Wittenberg, Townsend, Price, Lyons, Hooker, Howell, Phelps and Lucido introduced

House Bill No. 5472, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 56, 57, 58, and 59.

The bill was read a first time by its title and referred to the Committee on Oversight and Ethics.

Reps. Chatfield, McBroom, Moss, Webber, Kivela, Runestad, Dianda, Plawecki, Lane, Hoadley, Rutledge, Pagan, Irwin, Chang, Barrett, Somerville, LaVoy, Darany, Hughes, Brinks, Howrylak, LaGrand, Bizon, Glenn, Lyons, Sarah Roberts, Hovey-Wright, Cox, Wittenberg, Townsend, Price, Tedder, Hooker, Howell, Phelps and Lucido introduced

House Bill No. 5473, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 59a and 59b.

The bill was read a first time by its title and referred to the Committee on Oversight and Ethics.

Reps. Rutledge, McBroom, Moss, Chatfield, Webber, Kivela, Runestad, Dianda, Plawecki, Lane, Hoadley, Pagan, Irwin, Chang, Barrett, Somerville, LaVoy, Guerra, Darany, Hughes, Brinks, Howrylak, LaGrand, Bizon, Glenn, Cox, Sarah Roberts, Hovey-Wright, Wittenberg, Driskell, Townsend, Price, Tedder, Lyons, Hooker, Howell, Phelps and Lucido introduced

House Bill No. 5474, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 59e and 59f.

The bill was read a first time by its title and referred to the Committee on Oversight and Ethics.

Reps. Sheppard, McBroom, Moss, Chatfield, Kivela, Webber, Runestad, Plawecki, Dianda, Lane, Hoadley, Pagan, Rutledge, Irwin, Chang, Barrett, Somerville, LaVoy, Howrylak, Darany, Brinks, Hughes, Bizon, Glenn, Cox, Lyons, Sarah Roberts, Hovey-Wright, Wittenberg, Townsend, Price, Tedder, Hooker, Howell, Phelps and Lucido introduced

House Bill No. 5475, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 59c and 59d.

The bill was read a first time by its title and referred to the Committee on Oversight and Ethics.

Reps. Guerra, McBroom, Moss, Kivela, Webber, Runestad, Plawecki, Dianda, Lane, Hoadley, Pagan, Rutledge, Irwin, Chang, Barrett, Somerville, LaVoy, Darany, Hughes, Brinks, Howrylak, LaGrand, Bizon, Glenn, Greimel, Lyons, Sarah Roberts, Hovey-Wright, Cox, Wittenberg, Price, Townsend, Tedder, Hooker, Howell, Phelps and Lucido introduced

House Bill No. 5476, entitled

A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending section 104a (MCL 4.1104a), as amended by 2013 PA 241.

The bill was read a first time by its title and referred to the Committee on Oversight and Ethics.

Reps. McBroom, Moss, Chatfield, Kivela, Webber, Runestad, Dianda, Plawecki, Lane, Hoadley, Pagan, Rutledge, Irwin, Chang, Barrett, Somerville, LaVoy, Howrylak, Darany, Brinks, Hughes, LaGrand, Bizon, Glenn, Cox, Lyons, Sarah Roberts, Hovey-Wright, Wittenberg, Driskell, Townsend, Price, Tedder, Hooker, Howell, Phelps and Lucido introduced

House Bill No. 5477, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 13 (MCL 15.243), as amended by 2006 PA 482.

The bill was read a first time by its title and referred to the Committee on Oversight and Ethics.

Reps. Moss, McBroom, Chatfield, Kivela, Webber, Runestad, Plawecki, Dianda, Lane, Hoadley, Pagan, Irwin, Chang, Somerville, Barrett, LaVoy, Guerra, Darany, Hughes, Brinks, Howrylak, LaGrand, Glenn, Cox, Lyons, Sarah Roberts, Hovey-Wright, Wittenberg, Driskell, Greimel, Price, Townsend, Tedder, Hooker, Howell, Phelps and Lucido introduced

House Bill No. 5478, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 1 and 2 (MCL 15.231 and 15.232), section 1 as amended by 1997 PA 6 and section 2 as amended by 1996 PA 553, and by designating sections 1 to 16 as part 1.

The bill was read a first time by its title and referred to the Committee on Oversight and Ethics.

______

Rep. Sheppard moved that the House adjourn.

The motion prevailed, the time being 4:10 p.m.

Associate Speaker Pro Tempore Franz declared the House adjourned until Thursday, March 17, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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