No. 64
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
98th Legislature
REGULAR SESSION OF 2015
House Chamber, Lansing, Wednesday, July 15, 2015.
10:00 a.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 Franz—present Kosowski—present Potvin—excused
Banks—present Gamrat—present LaFontaine—present Price—present
Barrett—present Garcia—present Lane—present Pscholka—present
Bizon—present Garrett—present Lauwers—present Rendon—present
Brinks—present Gay-Dagnogo—present LaVoy—present Roberts, B.—present
Brunner—present Geiss—present Leonard—present Roberts, S.—present
Bumstead—present Glardon—present Leutheuser—present Robinson—present
Byrd—present Glenn—present Liberati—present Runestad—present
Callton—present Goike—present Love—present Rutledge—excused
Canfield—present Graves—present Lucido—present Santana—present
Chang—present Greig—present Lyons—present Schor—present
Chatfield—present Greimel—present Maturen—present Sheppard—present
Chirkun—present Guerra—present McBroom—present Singh—present
Clemente—present Heise—present McCready—present Smiley—present
Cochran—present Hoadley—present Miller, A.—present Somerville—present
Cole—present Hooker—present Miller, D.—present Talabi—present
Cotter—present Hovey-Wright—present Moss—present Tedder—present
Courser—present Howrylak—present Muxlow—present Theis—present
Cox—present Hughes—present Neeley—present Townsend—present
Crawford—present Iden—present Nesbitt—present Vaupel—present
Darany—present Inman—present Outman—present VerHeulen—present
Dianda—present Irwin—present Pagan—present Victory—present
Dillon—present Jacobsen—present Pagel—present Webber—present
Driskell—present Jenkins—present Pettalia—present Wittenberg—present
Durhal—present Johnson—present Phelps—present Yanez—present
Faris—present Kelly—present Plawecki—present Yonker—present
Farrington—present Kesto—present Poleski—present Zemke—present
Forlini—present Kivela—present
e/d/s = entered during session
Dr. Eric S. Beck, Senior Pastor of First United Methodist Church of Jackson in Jackson, offered the following invocation:
“God Who is the Creator
You have blessed this land with beauty, resources and opportunity.
Forgive us when we take the blessings of freedom and the richness of our land for granted.
Open our eyes to see one another, as You see each one of us, and not give way to all the ways that humanity seeks to divide by race, religion, gender, orientation, social or economic status.
May we, as both elected and the electorate, seek to serve and not to be served.
That we may not see the blessings of freedom and riches as privilege or right.
But that we may truly live in the gifts You have graciously provided with gratitude, and become true vessels of justice, freedom and grace.
Guide this august body in their deliberations and may the good of the people be their ultimate goal.
Where there is conflict bring a spirit of cooperation and reconciliation.
Where there is confusion let there be wisdom and insight.
Where there is frustration bring hope that transcends human understanding.
And may compassion reign in all that is said and done.
This I pray in the name of the One Who is the Way, the Truth, and the Life.
Amen.”
______
Rep. Singh moved that Rep. Rutledge be excused from today’s session.
The motion prevailed.
Rep. Nesbitt moved that Rep. Potvin be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Plawecki, Liberati, Greig, Chirkun, Chang, Dianda, Derek Miller, Faris, Sarah Roberts, Smiley, Moss, Wittenberg, Geiss, LaVoy, Hoadley, Guerra, Brunner, Clemente, Pagan, Neeley, Townsend, Driskell, Schor, Kosowski, Brinks, Zemke, Crawford, Hovey-Wright and Singh offered the following resolution:
House Resolution No. 115.
A resolution to commemorate the 25th anniversary of the Americans with Disabilities Act of 1990.
Whereas, The Americans with Disabilities Act (ADA) was a widespread bi-partisan effort signed into law on July 26 of 1990 by President George H.W. Bush and is one of America’s most comprehensive pieces of civil rights legislation; and
Whereas, The year 2015 marks the 25th anniversary of the ADA, a successful equal opportunity law for people with disabilities; and
Whereas, The ADA prohibits discrimination and guarantees that people with disabilities have the same opportunities to participate in the mainstream of American life; and
Whereas, The ADA is a landmark federal law that protects the rights of people with disabilities by eliminating barriers to their participation in many aspects of living and working in America; and
Whereas, The ADA is modeled after the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, religion, sex, or national origin, and also Section 504 of the Rehabilitation Act of 1973 which bans discrimination on the basis of disability by recipients of federal funds; and
Whereas, It is estimated by the United States Census Bureau that nearly one in five Americans live with a disability; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate the 25th anniversary of the Americans with Disabilities Act. We recognize the ADA for its accomplishments in civil rights protections and discrimination prevention.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Cochran, Hovey-Wright and Singh offered the following resolution:
House Resolution No. 116.
A resolution to declare July 24-26, 2015, as MDA Michigan Professional Fire Fighters Union Fill the Boot Weekend in the state of Michigan.
Whereas, Fire fighters have long been Americas heroes who risk their lives for the safety and well being of the communities they serve; and
Whereas, Fire fighters have one of the most hazardous professions, requiring extensive training, strength, endurance, courage, and a selfless concern for the welfare of Michigan’s citizens; and
Whereas, For over 60 years, the International Association of Fire Fighters (IAFF) has partnered with the Muscular Dystrophy Association (MDA) in the fight against neuromuscular diseases; and
Whereas, Since 1954, IAFF members have shown an unwavering commitment to defeating muscular dystrophy and related life-threatening diseases; and
Whereas, Due to their service and dedication to the MDA, fire fighters from the Michigan Professional Fire Fighters Union have raised more than 4.1 million dollars to find a cure to fight these neuromuscular diseases; and
Whereas, Funds are raised primarily through MDA’s signature Fill the Boot campaign, in which member fire fighters gather on streets across the country collecting money in their boots from neighbors and passersby; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare July 24-26, 2015, as MDA Michigan Professional Fire Fighters Union Fill the Boot Weekend in the state of Michigan; and be it further
Resolved, That this legislative body applauds the dedicated service and contribution fire fighters provide to the residents of Michigan and to the Muscular Dystrophy Association.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Santana, Crawford, Hovey-Wright and Singh offered the following resolution:
House Resolution No. 117.
A resolution to commemorate the 314th anniversary of the founding of the city of Detroit.
Whereas, The city of Detroit was founded in 1701 by Antoine de La Mothe Cadillac as Fort Ponchartrain as a French settlement on the Detroit River; and
Whereas, Detroit is the largest city in Michigan, home to nearly 700,000 people; and
Whereas, Detroit is the seat of Wayne County, and also served as the capital of Michigan from 1805 to 1847; and
Whereas, Detroit has a long and storied history, from its role in the fur trade of the eighteenth century to the birth of the auto industry in the twentieth century. It has been called the “Paris of the Midwest” for its rich architecture and the “Arsenal of Democracy” for its industrial prowess during World War II. Detroit has been called the City of Trees, the City of the Straits, The Renaissance City, Hitsville, USA, Hockeytown, The Motor City, Motown, The D, and The 313; and
Whereas, Detroit has suffered through hardships, but remains a vibrant city. It has beloved sports teams, cultural institutions, and a growing business sector. Detroiters, along with the city itself, are known for their resilience, as encapsulated in the city’s motto, speramus meliora, resurget cineribus, meaning “we hope for better things, it will rise from the ashes”; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate the 314th anniversary of the founding of the city of Detroit.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Brett Roberts, Crawford, Hovey-Wright, Hughes and Singh offered the following resolution:
House Resolution No. 118.
A resolution to declare July 2015 as Ice Cream Month in the state of Michigan.
Whereas, Michigan ice cream distributors and vendors are an integral part of Michigan, operating as community-based small businesses and providing employment opportunities as part of Michigan’s agricultural sector; and
Whereas, Michigan has ice cream distributors and vendors in every region of the state with well over 500 locations statewide; and
Whereas, Ice Cream Month is celebrated on a national level during July of every year through local, national, and even international partnerships; and
Whereas, Ice cream distributors and vendors support state agriculture by purchasing milk and many other Michigan made products as well as making Michigan the lead producing state in low-fat ice cream; and
Whereas, Michigan ice cream distributors and vendors produce many different kinds of treats and flavors, exemplifying the quality and diversity of Michigan’s agricultural products which have made Michigan the envy of many states, contributing to increased Michigan exports, and promoting Michigan tourism; and
Whereas, Michigan ice cream distributors and vendors have been a successful business model during our state’s economic struggles, thriving and expanding in furthering their economic importance to the state; and
Whereas, Michigan ice cream distributors and vendors are vested in the future, health, and welfare of their communities as employers providing an array of quality local jobs; as contributors to the local tax base; and as committed sponsors of a broad range of vital community institutions and philanthropic causes, including not-for-profit housing development associations, chambers of commerce, and athletic teams; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare July 2015 as Ice Cream Month in the state of Michigan. We recognize the contributions that Michigan ice cream distributors and vendors have made to the state’s communities, economy, and history; and be it further
Resolved, That we commend Michigan ice cream distributors and vendors for providing jobs, improving the balance of trade, supporting Michigan agriculture, and encouraging tourism within the state.
The question being on the adoption of the resolution,
The resolution was adopted.
______
Rep. Nesbitt moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
Rep. Nesbitt moved that when the House adjourns today it stand adjourned until Tuesday, July 21, at 10:00 a.m.
The motion prevailed.
______
The Speaker called Associate Speaker Pro Tempore Franz to the Chair.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members on Wednesday, July 15:
House Bill Nos. 4760 4761 4762 4763 4764 4765 4766 4767 4768 4769 4770 4771 4772 4773
4774 4775 4776 4777 4778 4779 4780 4781 4782 4783 4784 4785 4786 4787
4788 4789
House Joint Resolutions Y Z
Reports of Standing Committees
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. McBroom, Chair, of the Committee on Oversight and Ethics, was received and read:
Meeting held on: Wednesday, July 15, 2015
Present: Reps. McBroom, Howrylak, Graves, Theis, Robinson 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, July 15, 2015
Present: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Gamrat, Inman, Santana, Irwin, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan
Absent: Reps. Potvin, Aaron Miller, Dillon, Sarah Roberts and Banks
Excused: Reps. Potvin, Aaron Miller, Dillon, Sarah Roberts and Banks
Communications from State Officers
The following communication from the Department of State Police was received and read:
July 14, 2015
Methamphetamine Report for Fiscal Year 15
In accordance with Public Act 262 of 2006, Methamphetamine Reporting Act, the Michigan State Police is notifying that the above entitled report is ready and available for viewing via the following link:
http://michigan.gov/documents/msp/Meth_Reporting_Act_Legislative_Report_2015_492848_7.pdf
A listing of all Boilerplate required reports is available via the following link:
http://michigan.gov/msp/0,4643,7-123-1586_3501-19869—,00.html
Questions regarding this report should be directed to Mr. Robert Olney , Budget Section Manager, at (517) 241-1032.
Thank you,
Sincerely,
Ms. Halima el-Sulayman
Executive Secretary to:
Ms. Sherri L. Irwin, Director
Departmental Services Division
Michigan State Police
P.O. Box 30634
Lansing, MI 48909
TX: (517) 241-1001
The communication was referred to the Clerk.
Introduction of Bills
Rep. McBroom introduced
House Bill No. 4790, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2015 PA 85.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Zemke, Wittenberg, LaVoy, Darany, Dianda, Price, Pscholka, Sheppard, Callton, Jenkins, Vaupel, Santana, Singh, Greimel, Durhal, Guerra, Moss, Chang, Geiss, Brinks, Derek Miller, Lane, Gay-Dagnogo, Banks, Kivela and Kosowski introduced
House Bill No. 4791, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1319.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Wittenberg introduced
House Bill No. 4792, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16171 (MCL 333.16171), as amended by 1985 PA 82.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
______
Rep. Inman moved that the House adjourn.
The motion prevailed, the time being 10:35 a.m.
Associate Speaker Pro Tempore Franz declared the House adjourned until Tuesday, July 21, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of Representatives
1534 JOURNAL OF THE HOUSE [July 15, 2015] [No. 64
No. 64] [July 15, 2015] JOURNAL OF THE HOUSE 1535
1536 JOURNAL OF THE HOUSE [July 15, 2015] [No. 64
No. 64] [July 15, 2015] JOURNAL OF THE HOUSE 1537
1538 JOURNAL OF THE HOUSE [July 15, 2015] [No. 64