No. 50
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
99th Legislature
REGULAR SESSION OF 2017
House Chamber, Lansing, Thursday, May 25, 2017.
12:00 Noon.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present Frederick—present Kelly—present Reilly—present
Albert—present Garcia—present Kesto—present Rendon—present
Alexander—present Garrett—present Kosowski—present Roberts—present
Allor—present Gay-Dagnogo—present LaFave—present Robinson—present
Barrett—present Geiss—present LaGrand—present Runestad—present
Bellino—present Glenn—present LaSata—present Sabo—present
Bizon—present Graves—present Lasinski—present Santana—present
Brann—present Green—present Lauwers—present Schor—present
Brinks—present Greig—present Leonard—present Scott—present
Byrd—present Greimel—present Leutheuser—present Sheppard—present
Calley—present Griffin—present Liberati—present Singh—present
Camilleri—present Guerra—present Lilly—present Sneller—present
Canfield—present Hammoud—present Love—present Sowerby—present
Chang—present Hauck—present Lower—present Tedder—present
Chatfield—present Hernandez—present Lucido—present Theis—present
Chirkun—present Hertel—present Marino—present VanderWall—present
Clemente—present Hoadley—present Maturen—present VanSingel—present
Cochran—present Hoitenga—present McCready—present Vaupel—present
Cole—present Hornberger—present Miller—present VerHeulen—present
Cox—present Howell—present Moss—present Victory—present
Crawford—present Howrylak—present Neeley—present Webber—present
Dianda—present Hughes—present Noble—present Wentworth—present
Durhal—present Iden—present Pagan—present Whiteford—present
Elder—present Inman—present Pagel—present Wittenberg—present
Ellison—present Johnson—present Peterson—present Yanez—present
Faris—present Jones—present Phelps—present Yaroch—present
Farrington—present Kahle—present Rabhi—present Zemke—present
e/d/s = entered during session
Pastor Dennis Jokela, Chaplain of the Kalamazoo County Sheriff’s Department in Portage, offered the following invocation:
“Father God we are grateful to be able to come into Your presence in a free country such as ours.
I ask that You bless this great nation and state.
I ask You to pour out Your wisdom and revelation knowledge into everyone hearing the sound of my voice.
I ask that You let Your Glory shine like a light emanating from this place filling our state.
I speak life into those dead and dying places in our state Lord.
For those places that are in need of Your restoration power I ask that You pour it out on them.
I ask that You bless these proceedings today and bless the work of our hands.
I ask all of this in Jesus’ Mighty Name.
Amen.”
Motions and Resolutions
Reps. Vaupel, Noble, Hughes, Graves, Allor, Brinks, Chang, Chirkun, Cochran, Crawford, Elder, Ellison, Faris, Green, Greig, Jones, Kelly, Kesto, Maturen, Moss, Sabo, Schor, Sneller, Sowerby, Whiteford, Yanez and Zemke offered the following resolution:
House Resolution No. 109.
A resolution to commemorate the 73rd anniversary of D-Day and all of the Allied forces who fought along the beaches of Normandy so that Europe might be free from the bonds of tyranny and oppression.
Whereas, On June 6, 1944, approximately 150,000 Allied troops landed along a heavily-fortified stretch of French coastline, seeking to breach Fortress Europe and strike a crucial blow against the fascism of Nazi Germany; and
Whereas, More than 5,000 ships and 11,000 aircraft supported the invasion, making D-Day the largest air, land, and sea operation ever undertaken; and
Whereas, These soldiers, many of whom were not yet even 20 years old, faced a daunting and perilous task, as they fought through the ocean surf, braving artillery shells and machine gun fire with little to no natural cover to protect against enemy guns; and
Whereas, Allied forces suffered more than 10,000 casualties that day with more than 4,000 Allied soldiers making the ultimate sacrifice, laying down their lives on the beachheads of France in the name of liberty; and
Whereas, Many sons of America were laid to rest in the graveyards of Europe, young lives cut short before their time, brave and valiant men sacrificing the promise of their lifetime to lay footprints on the sands of Normandy, thousands of miles from their homes; and
Whereas, Those brave men who waged battle on the Normandy coast represent the best of mankind, embodying a love of country, a dedication to humanity, and, above all else, a profound and steadfast devotion to the causes of liberty and freedom; and
Whereas, All those American soldiers who lost their lives and shed their blood on that fateful day are testaments to America’s enduring promise to forever stand tall against tyrannical governments, to always protect and defend democracy, and to never forget that our nation and all great nations were built upon the principles of freedom; and
Whereas, We must ever and always remember and honor the men who fought and died on that day, both those who returned home as heroes, husbands, and fathers, and also those whom history called to their final breath on Norman sands; and
Whereas, Michiganders, realizing full well that words ring hollow in honoring the bravery, valiance, and courage of these men, seek to honor their memories; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate the 73rd anniversary of D-Day and all of the Allied forces who fought along the beaches of Normandy so that Europe might be free from the bonds of tyranny and oppression. We encourage all Michiganders to observe the anniversary of D-Day and to forever honor those souls whose eulogy will always be a free and democratic Europe.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Yanez, Brinks, Chirkun, Cochran, Elder, Ellison, Faris, Green, Greig, Jones, Kelly, Maturen, Pagan, Rabhi, Sabo, Sneller, Sowerby, Wittenberg and Zemke offered the following resolution:
House Resolution No. 110.
A resolution to declare May 2017 as Neurofibromatosis Awareness Month in the state of Michigan.
Whereas, The Children’s Tumor Foundation is observing May as Neurofibromatosis Awareness Month to educate the public about this rare genetic disorder; and
Whereas, Although over 125,000 Americans are living with neurofibromatosis (NF) and 1 in every 3,000 births is diagnosed with NF, it is still is relatively unknown to the public; and
Whereas, NF affects all populations equally, regardless of race, ethnicity, or gender; and
Whereas, NF causes tumors to grow on nerves throughout the body and also can affect development of the brain, cardiovascular system, bones, and skin; and
Whereas, The disorder can lead to blindness, deafness, bone abnormalities, disfigurement, learning disabilities, disabling pain, and cancer; and
Whereas, The Children’s Tumor Foundation leads efforts to promote and financially sponsor world-class medical research aimed at finding effective treatments and, ultimately, a cure for NF; and
Whereas, The Children’s Tumor Foundation is actively fostering collaborative partnerships in both science and industry to speed the drug research and development process through a number of consortia; and
Whereas, The Children’s Tumor Foundation works to improve access to quality patient healthcare through its national NF Clinic Network; and
Whereas, The Children’s Tumor Foundation provides patient and family support through its information resources, youth programs, and local chapter activities; and
Whereas, Much remains to be done in raising public awareness of NF to help promote early diagnosis, proper management and treatment, prevention of complications, and support for research; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 2017 as Neurofibromatosis Awareness Month in the state of Michigan. It is with great honor and appreciation that we take this time to join other states and nations in spreading awareness of neurofibromatosis and how many Americans it affects. On this month, we will recognize Neurofibromatosis Awareness Month in our state, our country, and our world.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Hammoud, Brinks, Camilleri, Chang, Chirkun, Cochran, Elder, Ellison, Faris, Green, Greig, Jones, Kelly, Maturen, Moss, Pagan, Rabhi, Sabo, Schor, Sneller, Sowerby, Wittenberg, Yanez and Zemke offered the following resolution:
House Resolution No. 111.
A resolution to extend best wishes to Muslims in Michigan, the United States, and worldwide, for a joyous and meaningful observance of Ramadan, a holy month of prayer, fasting, charity, and reflection.
Whereas, This occasion is observed in commitment to the Islamic principles and in remembrance of the month in which the holy Quran was revealed to Prophet Muhammad (pbuh); and
Whereas, This month of sacrifice and contemplation begins on or about the evening of Friday, May 26, 2017, based on the visual sightings of the crescent moon. Ramadan continues until on or about the evening of Sunday, June 25, 2017, with Eid al-Fitr, the celebration of the completion of the month; and
Whereas, Muslims in Michigan, our nation, and around the world will observe Ramadan by fasting, emphasizing self-discipline, worship, charity, and reading the Holy Quran to improve patience, humility, and spirituality; and
Whereas, Muslims in Michigan will put their faith into action by organizing the Ramadan Fight Against Hunger to collect and distribute over 60 tons of food to the state’s hungry and disadvantaged; and
Whereas, During Ramadan, Muslims spend this period in reflection and prayer while strengthening the bonds of family, friendship, and community. May is considered the most sacred month of the Islamic calendar; and
Whereas, The Muslim population has been growing in the United States and today’s Muslim American population is a tapestry of ethnic, racial, linguistic, social, and economic groups; and
Whereas, One of the largest populations of Muslims in the United States resides in southeast Michigan and makes meaningful contributions to our state; now, therefore, be it
Resolved by House of Representatives, That the members of this legislative body extend best wishes to Muslims in Michigan, the United States, and worldwide, for a joyous and meaningful observance of Ramadan, a holy month of prayer, fasting, charity, and reflection.
The question being on the adoption of the resolution,
The resolution was adopted.
Third Reading of Bills
House Bill No. 4350, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4k (MCL 205.94k), as amended by 2012 PA 429.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 143 Yeas—71
Afendoulis Durhal LaFave Roberts
Albert Frederick LaSata Runestad
Alexander Garcia Lasinski Santana
Allor Glenn Lauwers Sheppard
Barrett Graves Leonard Singh
Bellino Greimel Leutheuser Tedder
Bizon Griffin Lilly Theis
Brann Hauck Love VanderWall
Brinks Hoitenga Lower VanSingel
Byrd Hornberger Lucido Vaupel
Calley Howell Marino VerHeulen
Canfield Hughes Maturen Victory
Chatfield Iden McCready Webber
Chirkun Inman Noble Wentworth
Cole Jones Pagel Whiteford
Cox Kahle Peterson Yaroch
Crawford Kelly Reilly Zemke
Dianda Kesto Rendon
Nays—37
Camilleri Geiss Johnson Rabhi
Chang Green Kosowski Robinson
Clemente Greig LaGrand Sabo
Cochran Guerra Liberati Schor
Elder Hammoud Miller Scott
Ellison Hernandez Moss Sneller
Faris Hertel Neeley Sowerby
Farrington Hoadley Pagan Wittenberg
Garrett Howrylak Phelps Yanez
Gay-Dagnogo
In The Chair: Chatfield
The House agreed to the title of the bill.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4351, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4x (MCL 205.54x), as amended by 2009 PA 53.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 144 Yeas—70
Afendoulis Durhal LaFave Roberts
Albert Frederick LaSata Runestad
Alexander Garcia Lauwers Santana
Allor Glenn Leonard Sheppard
Barrett Graves Leutheuser Singh
Bellino Greimel Lilly Tedder
Bizon Griffin Love Theis
Brann Hauck Lower VanderWall
Brinks Hoitenga Lucido VanSingel
Byrd Hornberger Marino Vaupel
Calley Howell Maturen VerHeulen
Canfield Hughes McCready Victory
Chatfield Iden Noble Webber
Chirkun Inman Pagel Wentworth
Cole Jones Peterson Whiteford
Cox Kahle Reilly Yaroch
Crawford Kelly Rendon Zemke
Dianda Kesto
Nays—38
Camilleri Geiss Kosowski Rabhi
Chang Green LaGrand Robinson
Clemente Greig Lasinski Sabo
Cochran Guerra Liberati Schor
Elder Hammoud Miller Scott
Ellison Hernandez Moss Sneller
Faris Hertel Neeley Sowerby
Farrington Hoadley Pagan Wittenberg
Garrett Howrylak Phelps Yanez
Gay-Dagnogo Johnson
In The Chair: Chatfield
The House agreed to the title of the bill.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4169, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 503 (MCL 436.1503).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 145 Yeas—103
Afendoulis Farrington Kahle Rendon
Albert Frederick Kelly Roberts
Alexander Garcia Kesto Robinson
Allor Garrett Kosowski Runestad
Barrett Gay-Dagnogo LaFave Sabo
Bellino Geiss LaSata Santana
Bizon Glenn Lauwers Schor
Brann Graves Leonard Scott
Brinks Green Leutheuser Sheppard
Byrd Greig Liberati Singh
Calley Griffin Lilly Sneller
Camilleri Guerra Love Sowerby
Canfield Hammoud Lower Tedder
Chang Hauck Lucido Theis
Chatfield Hernandez Marino VanderWall
Chirkun Hertel Maturen VanSingel
Clemente Hoadley McCready Vaupel
Cochran Hoitenga Miller VerHeulen
Cole Hornberger Moss Victory
Cox Howell Noble Webber
Crawford Howrylak Pagan Wentworth
Dianda Hughes Pagel Whiteford
Durhal Iden Peterson Wittenberg
Elder Inman Phelps Yanez
Ellison Johnson Rabhi Yaroch
Faris Jones Reilly
Nays—4
Greimel Lasinski Neeley Zemke
In The Chair: Chatfield
The House agreed to the title of the bill.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. LaGrand, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 145 because of a possible conflict of interest.”
House Bill No. 4556, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14f of chapter XVII (MCL 777.14f), as amended by 2010 PA 317.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 146 Yeas—99
Afendoulis Faris Kahle Rendon
Albert Farrington Kelly Roberts
Alexander Frederick Kesto Runestad
Allor Garcia Kosowski Sabo
Barrett Garrett LaFave Santana
Bellino Gay-Dagnogo LaSata Schor
Bizon Geiss Lasinski Scott
Brann Glenn Lauwers Sheppard
Brinks Graves Leonard Singh
Byrd Green Leutheuser Sneller
Calley Greig Liberati Sowerby
Camilleri Greimel Lilly Tedder
Canfield Griffin Love VanderWall
Chang Guerra Lower VanSingel
Chatfield Hammoud Lucido Vaupel
Chirkun Hauck Marino VerHeulen
Clemente Hertel Maturen Victory
Cochran Hoadley McCready Webber
Cole Hoitenga Miller Wentworth
Cox Hornberger Moss Whiteford
Crawford Howell Neeley Wittenberg
Dianda Hughes Pagan Yanez
Durhal Iden Pagel Yaroch
Elder Inman Peterson Zemke
Ellison Jones Phelps
Nays—8
Hernandez Johnson Rabhi Robinson
Howrylak Noble Reilly Theis
In The Chair: Chatfield
The House agreed to the title of the bill.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. LaGrand, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 146 because of a possible conflict of interest.”
House Bill No. 4557, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 909 (MCL 436.1909), as amended by 2010 PA 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. 147 Yeas—99
Afendoulis Faris Kahle Rendon
Albert Farrington Kelly Roberts
Alexander Frederick Kesto Runestad
Allor Garcia Kosowski Sabo
Barrett Garrett LaFave Santana
Bellino Gay-Dagnogo LaSata Schor
Bizon Geiss Lasinski Scott
Brann Glenn Lauwers Sheppard
Brinks Graves Leonard Singh
Byrd Green Leutheuser Sneller
Calley Greig Liberati Sowerby
Camilleri Greimel Lilly Tedder
Canfield Griffin Love VanderWall
Chang Guerra Lower VanSingel
Chatfield Hammoud Lucido Vaupel
Chirkun Hauck Marino VerHeulen
Clemente Hertel Maturen Victory
Cochran Hoadley McCready Webber
Cole Hoitenga Miller Wentworth
Cox Hornberger Moss Whiteford
Crawford Howell Neeley Wittenberg
Dianda Hughes Pagan Yanez
Durhal Iden Pagel Yaroch
Elder Inman Peterson Zemke
Ellison Jones Phelps
Nays—8
Hernandez Johnson Rabhi Robinson
Howrylak Noble Reilly Theis
In The Chair: Chatfield
The House agreed to the title of the bill.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. LaGrand, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 147 because of a possible conflict of interest.”
House Bill No. 4558, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 610b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 148 Yeas—108
Afendoulis Frederick Kelly Reilly
Albert Garcia Kesto Rendon
Alexander Garrett Kosowski Roberts
Allor Gay-Dagnogo LaFave Robinson
Barrett Geiss LaGrand Runestad
Bellino Glenn LaSata Sabo
Bizon Graves Lasinski Santana
Brann Green Lauwers Schor
Brinks Greig Leonard Scott
Byrd Greimel Leutheuser Sheppard
Calley Griffin Liberati Singh
Camilleri Guerra Lilly Sneller
Canfield Hammoud Love Sowerby
Chang Hauck Lower Tedder
Chatfield Hernandez Lucido Theis
Chirkun Hertel Marino VanderWall
Clemente Hoadley Maturen VanSingel
Cochran Hoitenga McCready Vaupel
Cole Hornberger Miller VerHeulen
Cox Howell Moss Victory
Crawford Howrylak Neeley Webber
Dianda Hughes Noble Wentworth
Durhal Iden Pagan Whiteford
Elder Inman Pagel Wittenberg
Ellison Johnson Peterson Yanez
Faris Jones Phelps Yaroch
Farrington Kahle Rabhi Zemke
Nays—0
In The Chair: Chatfield
The House agreed to the title of the bill.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4559, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 1025 (MCL 436.2025), as amended by 2010 PA 213.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 149 Yeas—108
Afendoulis Frederick Kelly Reilly
Albert Garcia Kesto Rendon
Alexander Garrett Kosowski Roberts
Allor Gay-Dagnogo LaFave Robinson
Barrett Geiss LaGrand Runestad
Bellino Glenn LaSata Sabo
Bizon Graves Lasinski Santana
Brann Green Lauwers Schor
Brinks Greig Leonard Scott
Byrd Greimel Leutheuser Sheppard
Calley Griffin Liberati Singh
Camilleri Guerra Lilly Sneller
Canfield Hammoud Love Sowerby
Chang Hauck Lower Tedder
Chatfield Hernandez Lucido Theis
Chirkun Hertel Marino VanderWall
Clemente Hoadley Maturen VanSingel
Cochran Hoitenga McCready Vaupel
Cole Hornberger Miller VerHeulen
Cox Howell Moss Victory
Crawford Howrylak Neeley Webber
Dianda Hughes Noble Wentworth
Durhal Iden Pagan Whiteford
Elder Inman Pagel Wittenberg
Ellison Johnson Peterson Yanez
Faris Jones Phelps Yaroch
Farrington Kahle Rabhi Zemke
Nays—0
In The Chair: Chatfield
The House agreed to the title of the bill.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4502, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 625 (MCL 206.625), as amended by 2014 PA 15.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 150 Yeas—107
Afendoulis Frederick Kelly Rendon
Albert Garcia Kesto Roberts
Alexander Garrett Kosowski Robinson
Allor Gay-Dagnogo LaFave Runestad
Barrett Geiss LaSata Sabo
Bellino Glenn Lasinski Santana
Bizon Graves Lauwers Schor
Brann Green Leonard Scott
Brinks Greig Leutheuser Sheppard
Byrd Greimel Liberati Singh
Calley Griffin Lilly Sneller
Camilleri Guerra Love Sowerby
Canfield Hammoud Lower Tedder
Chang Hauck Lucido Theis
Chatfield Hernandez Marino VanderWall
Chirkun Hertel Maturen VanSingel
Clemente Hoadley McCready Vaupel
Cochran Hoitenga Miller VerHeulen
Cole Hornberger Moss Victory
Cox Howell Neeley Webber
Crawford Howrylak Noble Wentworth
Dianda Hughes Pagan Whiteford
Durhal Iden Pagel Wittenberg
Elder Inman Peterson Yanez
Ellison Johnson Phelps Yaroch
Faris Jones Rabhi Zemke
Farrington Kahle Reilly
Nays—0
In The Chair: Chatfield
The House agreed to the title of the bill.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Lauwers moved to reconsider the vote by which the House passed the bill.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 151 Yeas—108
Afendoulis Frederick Kelly Reilly
Albert Garcia Kesto Rendon
Alexander Garrett Kosowski Roberts
Allor Gay-Dagnogo LaFave Robinson
Barrett Geiss LaGrand Runestad
Bellino Glenn LaSata Sabo
Bizon Graves Lasinski Santana
Brann Green Lauwers Schor
Brinks Greig Leonard Scott
Byrd Greimel Leutheuser Sheppard
Calley Griffin Liberati Singh
Camilleri Guerra Lilly Sneller
Canfield Hammoud Love Sowerby
Chang Hauck Lower Tedder
Chatfield Hernandez Lucido Theis
Chirkun Hertel Marino VanderWall
Clemente Hoadley Maturen VanSingel
Cochran Hoitenga McCready Vaupel
Cole Hornberger Miller VerHeulen
Cox Howell Moss Victory
Crawford Howrylak Neeley Webber
Dianda Hughes Noble Wentworth
Durhal Iden Pagan Whiteford
Elder Inman Pagel Wittenberg
Ellison Johnson Peterson Yanez
Faris Jones Phelps Yaroch
Farrington Kahle Rabhi Zemke
Nays—0
In The Chair: Chatfield
Second Reading of Bills
Senate Bill No. 163, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811aa.
The bill was read a second time.
Rep. Faris moved to amend the bill as follows:
1. Amend page 2, line 10, by striking out the balance of the subsection and inserting “DEPARTMENT OF HEALTH AND HUMAN SERVICES. MONEY RECEIVED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THIS SUBSECTION SHALL ONLY BE USED ON ADOPTION SUPPORT SERVICES PROGRAMS.”.
2. Amend page 2, line 14, by striking out all of subsection (6).
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Pagan moved to amend the bill as follows:
1. Amend page 2, line 10, by striking out the balance of the subsection and inserting “DEPARTMENT OF HEALTH AND HUMAN SERVICES. MONEY RECEIVED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THIS SUBSECTION SHALL ONLY BE USED TO MATCH THE MATERNAL AND CHILD HEALTH BLOCK GRANT AND ON PROGRAMS THAT SEEK TO REDUCE INFANT MORTALITY RATES IN ALL AREAS OF THIS STATE, FOCUSING ON AREAS WHERE INFANT MORTALITY RATES ARE AT CRITICAL LEVELS.”.
2. Amend page 2, line 14, by striking out the balance of the bill.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Moss moved to amend the bill as follows:
1. Amend page 2, line 17, after “501,” by striking out the balance of the subsection and inserting “AND PROMOTE PEACE AND NONVIOLENCE.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Lauwers moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 163, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811aa.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 152 Yeas—65
Afendoulis Garcia Kesto Reilly
Albert Glenn Kosowski Rendon
Alexander Graves LaFave Roberts
Allor Griffin LaSata Runestad
Barrett Hauck Lauwers Sheppard
Bellino Hernandez Leonard Tedder
Bizon Hoitenga Leutheuser Theis
Brann Hornberger Lilly VanderWall
Calley Howell Lower VanSingel
Canfield Howrylak Lucido Vaupel
Chatfield Hughes Marino VerHeulen
Cole Iden Maturen Victory
Cox Inman McCready Webber
Crawford Johnson Miller Wentworth
Elder Kahle Noble Whiteford
Farrington Kelly Pagel Yaroch
Frederick
Nays—43
Brinks Garrett LaGrand Sabo
Byrd Gay-Dagnogo Lasinski Santana
Camilleri Geiss Liberati Schor
Chang Green Love Scott
Chirkun Greig Moss Singh
Clemente Greimel Neeley Sneller
Cochran Guerra Pagan Sowerby
Dianda Hammoud Peterson Wittenberg
Durhal Hertel Phelps Yanez
Ellison Hoadley Rabhi Zemke
Faris Jones Robinson
In The Chair: Chatfield
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“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 certain devices, 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 regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; 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,”
The House agreed to the full title.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Schor, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
Mr. Clerk,
I voted against SB 163, which creates a Choose Life license plate. This bill would have government create and sell a license plate to take in dollars that then go directly to ‘projects that promote life-affirming choices that promote life-affirming programs and projects.’ So, the House passed a bill that will have government collect money for a group that has ideological, political, and religious beliefs and advocates on one side of a political debate. This is big government at its worst…taking sides in a long-standing political debate. If Right to Life and other ‘life-affirming’ groups need money, they should ask for it and collect it on their own. Seems that big government is bad, except when life affirming groups need funds.”
Rep. Geiss, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
Floor Speech in Opposition to SB163—the Choose Life License Plate
Thank you Mr. Speaker for allowing me to speak to the bill before us. We need to consider the language and implications of this language much deeper and more critically before it speeds through this chamber and I have five good reasons to rise in opposition to Senate Bill 163 the specialty fundraising license plate for the Choose Life Michigan Fund which states, in part:
MONEY DISBURSED TO THE CHOOSE LIFE MICHIGAN FUND UNDER THIS SECTION SHALL BE DISTRIBUTED TO ELIGIBLE NONPROFIT ORGANIZATIONS THAT ARE EXEMPT FROM TAXATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE, 26 USC 501, TO BE EXPENDED ON PROJECTS THAT PROMOTE LIFE-AFFIRMING CHOICES. AS USED IN THIS SUBSECTION:
A) ‘ELIGIBLE NONPROFIT ORGANIZATIONS’ INCLUDES, BUT IS NOT LIMITED TO, CRISIS PREGNANCY CENTERS, HOMES FOR PREGNANT WOMEN, AND
OTHER ORGANIZATIONS THAT PROVIDE PRACTICAL SUPPORT TO PREGNANT
WOMEN, PROVIDE PRACTICAL OUTREACH TO AT-RISK POPULATIONS, AND
PROMOTE LIFE-AFFIRMING PROGRAMS AND PROJECTS.
(B) ‘LIFE-AFFIRMING PROGRAMS AND PROJECTS’ INCLUDES, BUT IS NOT LIMITED TO, MEDIA CAMPAIGNS, SPECIALTY OUTREACHES TO AT-RISK POPULATIONS, INCLUDING MINORITIES, TEENAGERS, COLLEGE-AGED WOMEN,
CAMPAIGNS TO PROMOTE ADOPTION, AND SUICIDE PREVENTION.
First, many crisis pregnancy centers are connected to religious organizations. And while a crisis pregnancy center itself may be a non-profit 501 c 3 organization, how closely tied it is to the business and ministry of a church or other religious organization places us in the potential position of funding religious activities, which comes perilously close to violating the third sentence of Article I, Section 4 of the Michigan Constitution, which states:
‘No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theological or religious seminary; nor shall property belonging to the state be appropriated for any such purpose.’
Again, ‘No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society.’
And I will emphasize the points that the Good Gentleman from Oak Park has made and further: The connection between the Choose Life Michigan Fund and the Right to Life Organization (which makes no bones about having strong religious ties) can be neither denied nor ignored. Further, this bill also comes perilously close to violating the fourth sentence of Article I, Section 4 of the Michigan Constitution, which states:
‘The civil and political rights, privileges and capacities of no person shall be diminished or enlarged on account of his religious belief.’
One could aptly argue that the likely purchaser of this plate will be the person who insists that their religious conviction or belief is what compels them to support this specialty license plate, and as such its sheer existence serves to use a religious belief to enlarge the civil and political rights privileges and capacities of one over another.
Second: Also from Section 6 A of the bill we must question the phrasing and the meaning of ‘THAT PROVIDE PRACTICAL SUPPORT TO PREGNANT WOMEN, PROVIDE PRACTICAL OUTREACH TO AT-RISK POPULATIONS, AND PROMOTE LIFE-AFFIRMING PROGRAMS AND PROJECTS.’
Pregnancy requires much more than ‘practical’ support. I am confident that the sponsor has neither carried nor delivered a child (given his gender). Like many of us here—I have, and can speak with some authority on this. Pregnancy—a healthy, planned pregnancy even in the most ideal of situations requires medical, emotional and financial solidity.
But what about the unintended, unplanned, ill-timed pregnancies tend to happen at the worst possible times and in some of the most dire circumstances and are the very types of pregnancies to which these programs cater. Are these programs equipped to help with the newly pregnant mother who is addicted and needs to get clean and sober as well as have prenatal care? Are these programs equipped to direct a low-income, uninsured newly-pregnant woman to the types of programs and safety net programs that will truly assist her? Are these programs equipped to assist the homeless mother-to-be? What happens to the woman who was staying at a home for pregnant women after she delivers? What about the infant? Are these programs equipped to assist the pregnant in an abusive relationship or living in an abusive household? I think not—not in the ways that will actually help both lives have good starts to motherhood, help prevent maternal death or reduce infant mortality.
Places that only provide ‘practical support’ cannot provide for and do not have the ability to provide for the wide range of aspects of pregnancy, labor, delivery and post-partum care that are necessary for healthy outcomes that lead to better LIVES and outcomes for the mother and infant. Furthermore, funneling funds to organizations that are unchecked, unregulated and have to respond to ZERO oversight when it comes to providing, sound, accurate help and information to women at one of the most fragile times of their lives is short-sighted and a waste of funds.
To add support to the excellent points made by the Good Woman from Canton: such funds would be better served going towards programs such as MIHP and the Nurse-Family Partnership that provide evidence-based programs and assistance to pregnant women and to post-partum mothers and their infants. Pregnancy is not only about carrying a child to term, it is also about what happens at the logical conclusion of a pregnancy, which is labor, delivery and the care of the neonate.
Third, while it is wonderful that section 6 B includes both adoption and suicide prevention among its list of ‘life affirming’ programs, other parts of this section’s language are problematic. I take umbrage with the assumption that the at-risk populations that are specifically mentioned include minorities, teenagers and college-aged women. Minority women are not the only ones at high risk for unplanned, unintended or ill-timed pregnancies…we must ask why rural and low-income white women are not specifically named in this bill language. (The intent is suspect.) Furthermore, unplanned, unintended or ill-timed pregnancies by teenagers and young adult women are best prevented by medically accurate sex education, contraception, healthy relationships, healthy behaviors and such prevention programs as MDHHS’ Teen Outreach Program. Michigan is ranked number 21 for teen births with 19.4 births per 1,000 girls ages 15-19. Being proactive or prophylactic (if you will) with this particular segment of the ‘at-risk’ population would be wiser and more responsible than waiting until there’s a pregnancy to help these young women.
Fourth, I also have concerns about the possible confusion with the Donate Life license plate, for which funds are directed towards the organ donor registry.
Fifth, we also must ask ourselves the deep question of why this is being fast-tracked now, when clearly other issues (such as the budget) should be among our priorities, not creating a fundraising license plate for which the practical application thereof is profoundly murky. It is for these five good reasons that I urge a no vote on this legislation.”
Rep. Garrett, having reserved the right to explain her protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
Based on the trying and difficult time that our society finds itself in I chose to vote No on SB 163 due to how funds would be allocated. No funds would be diverted to infant mortality, pre-natal and post-natal care. At the federal level of government we are facing significant health care cuts that will deny vital access to maternity and quality care.”
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The Speaker Pro Tempore called Associate Speaker Pro Tempore Glenn to the Chair.
Second Reading of Bills
House Bill No. 4302, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 479 (MCL 750.479), as amended by 2002 PA 270.
The bill was read a second time.
Rep. LaSata moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4303, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 479 (MCL 750.479), as amended by 2002 PA 270.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Law and Justice,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Schor moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4304, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 323.
The bill was read a second time.
Rep. Singh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 126, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2504a (MCL 339.2504a), as amended by 2016 PA 502.
The bill was read a second time.
Rep. Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 158, entitled
A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1 and 2 (MCL 257.1351 and 257.1352), as amended by 2016 PA 112.
The bill was read a second time.
Rep. Johnson moved to amend the bill as follows:
1. Amend page 7, line 14, after the comma by striking out “19 ___” and inserting “____”.
2. Amend page 7, line 16, after the second comma by striking out “19 ___” and inserting “____”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Cole moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Cole moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, May 24:
House Bill Nos. 4648 4649 4650 4651 4652 4653 4654 4655 4656 4657 4658
Reports of Standing Committees
The Committee on Insurance, by Rep. Theis, Chair, reported
House Bill No. 4624, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3172 (MCL 500.3172), as amended by 2012 PA 204.
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. Theis, VanderWall, Barrett, Glenn, Vaupel, Bellino, Hoitenga, LaFave and Wentworth
Nays: Reps. Greimel, Phelps, Gay-Dagnogo, Wittenberg, Hammoud and Lasinski
The Committee on Insurance, by Rep. Theis, Chair, reported
House Bill No. 4625, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3173a (MCL 500.3173a), as amended by 2012 PA 204.
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. Theis, VanderWall, Barrett, Glenn, Runestad, Vaupel, Bellino, Hoitenga, LaFave and Wentworth
Nays: Reps. Greimel, Gay-Dagnogo, Wittenberg, Hammoud and Lasinski
The Committee on Insurance, by Rep. Theis, Chair, reported
House Bill No. 4626, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3174 (MCL 500.3174), as amended by 2012 PA 204.
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. Theis, VanderWall, Barrett, Glenn, Runestad, Vaupel, Webber, Bellino, Hoitenga, LaFave, Wentworth, Greimel, Phelps, Gay-Dagnogo, Wittenberg, Hammoud and Lasinski
Nays: None
The Committee on Insurance, by Rep. Theis, Chair, reported
House Bill No. 4627, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3101a (MCL 500.3101a), as amended by 2014 PA 419.
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. Theis, VanderWall, Barrett, Glenn, Runestad, Vaupel, Webber, Bellino, Hoitenga, LaFave, Wentworth, Greimel, Phelps, Gay-Dagnogo, Wittenberg, Hammoud and Lasinski
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Theis, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, May 25, 2017
Present: Reps. Theis, VanderWall, Barrett, Glenn, Runestad, Vaupel, Webber, Bellino, Hoitenga, LaFave, Wentworth, Greimel, Phelps, Gay-Dagnogo, Wittenberg, Hammoud and Lasinski
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Rendon, Chair, of the Committee on Families, Children, and Seniors, was received and read:
Meeting held on: Thursday, May 25, 2017
Present: Reps. Rendon, Noble, McCready, Hughes, Roberts, Farrington, Kahle, Liberati, Robinson, Gay-Dagnogo and Ellison
Notices
Pursuant to Rule 41, the Speaker has made the following referrals:
House Bill No. 4654 referred to the Committee on Communications and Technology.
House Bill No. 4655 referred to the Committee on Communications and Technology.
Communications from State Officers
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rules
May 23, 2017
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 Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2015-033-LR (Secretary of State Filing #17-05-02) on this date at 3:57 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Construction Code – Part 10a. Michigan Energy Code”.
These rules take effect 120 days after filed 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
Rep. Santana introduced
House Bill No. 4659, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter II (MCL 762.11), as amended by 2015 PA 31.
The bill was read a first time by its title and referred to the Committee on Law and Justice.
Reps. Pagel, Brann, Lucido, Geiss, Yaroch, Elder and Love introduced
House Bill No. 4660, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 4d (MCL 125.1504d), as added by 2008 PA 376.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Griffin introduced
House Bill No. 4661, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2978.
The bill was read a first time by its title and referred to the Committee on Law and Justice.
Rep. Pagel introduced
House Bill No. 4662, entitled
A bill to amend 1988 PA 13, entitled “Juvenile diversion act,” by amending sections 2 and 8 (MCL 722.822 and 722.828), section 2 as amended by 1996 PA 415.
The bill was read a first time by its title and referred to the Committee on Law and Justice.
Reps. Johnson, Reilly, Brann, Barrett, Love, Leutheuser and Runestad introduced
House Bill No. 4663, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 226 (MCL 257.226), as amended by 2016 PA 425.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
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Rep. LaFave moved that the House adjourn.
The motion prevailed, the time being 2:40 p.m.
Associate Speaker Pro Tempore Glenn declared the House adjourned until Tuesday, May 30, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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