No. 32

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Tuesday, March 28, 2017.

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 Garcia—present Kesto—present Reilly—present

Albert—present Garrett—excused Kivela—present Rendon—present

Alexander—present Gay-Dagnogo—present Kosowski—present Roberts—present

Allor—present Geiss—present LaFave—present Robinson—present

Barrett—present Glenn—present LaGrand—present Runestad—present

Bellino—present Graves—present LaSata—present Sabo—present

Bizon—present Green—present Lasinski—present Santana—present

Brann—present Greig—present Lauwers—present Schor—present

Brinks—present Greimel—present Leonard—present Scott—present

Byrd—present Griffin—present Leutheuser—present Sheppard—present

Calley—present Guerra—present Liberati—present Singh—present

Camilleri—present Hammoud—present Lilly—present Sneller—present

Canfield—present Hauck—present Love—present Sowerby—present

Chang—present Hernandez—present Lower—present Tedder—present

Chatfield—present Hertel—present Lucido—present Theis—present

Chirkun—present Hoadley—present Marino—present VanderWall—present

Clemente—present Hoitenga—present Maturen—present VanSingel—present

Cochran—present Hornberger—present McCready—present Vaupel—present

Cole—present Howell—present Miller—present VerHeulen—present

Cox—present Howrylak—present Moss—present Victory—present

Crawford—present Hughes—present Neeley—present Webber—present

Dianda—present Iden—present Noble—present Wentworth—present

Durhal—present Inman—present Pagan—present Whiteford—present

Elder—present Johnson—present Pagel—present Wittenberg—present

Ellison—present Jones—present Peterson—present Yanez—present

Faris—present Kahle—present Phelps—excused Yaroch—present

Farrington—present Kelly—present Rabhi—present Zemke—present

Frederick—present

e/d/s = entered during session

Rev. Ray A. Strawser II, Chaplain of Memorial Healthcare Hospice in Owosso, offered the following invocation:

“God of all peoples, places, and times,

God Who gives each breath we take and the vital strength of body, mind and spirit.

God the source of liberty and justice for all.

We gather today in this historic hall mindful of the legacy of those who have served this great state since its founding. Through the dedicated service, wisdom, passion, and sacrifice willing women and men, this state has grown to be a land of invention, innovation, and opportunity. Elected leaders from diverse communities have labored together to navigate the challenges and complexities of times past, enabling us to be the Historic and Great state of Michigan.

We are equally mindful of the great cause and great need of our day—to be the servant leaders in our time, for in our hands lie the future prosperity and strength of our homes and institutions, our businesses and communities, our human, economic, and natural resources. We recognize that the lives of every citizen of this state is shaped by every discussion, every partnership, every goal, every bill, every law and every decision made in the halls, offices and chamber of this edifice.

God, we pause to acknowledge that serving well the great people of this state requires Your wisdom, guidance and strength. Therefore I ask Your blessing to fall upon every person and every task in this historic building. Whether religious or not, I ask You to move in the hearts and minds of every elected representative and staff person this day. Give understanding and patience where there might be disagreement. Give unity when differences seem so large. The details of this work may seem small, but the needs are great. Compel and enable all who serve here to be selfless, wise, visionary and strong in the great cause we call Michigan.

I humbly seek Your blessing on this assembly today. AMEN.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

Rep. Greig moved that Reps. Garrett and Phelps be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Wentworth, Albert, Hoitenga, Barrett and Johnson offered the following resolution:

House Resolution No. 50.

A resolution to urge the Congress of the United States to eliminate the “widows’ tax” on the surviving spouses of retired U.S. military service members.

Whereas, Retired military service members may participate in the Survivor Benefit Program. The Survivor Benefit Program is an optional annuity designed to provide a lifetime monthly benefit to the surviving spouse of a service member. The annuity payments offset part of the retirement income lost as a result of the service member’s death. The annuity’s premium is paid by the retired service member through a deduction from their monthly retirement benefit check; and

Whereas, The U.S. Department of Veterans Affairs provides a tax-free monthly benefit to the surviving spouses of eligible military service members who died as a result of service-related injuries or diseases. The Dependency and Indemnity Compensation program’s earned benefit expresses a measure of thanks from a grateful nation to a fallen soldier’s family. Benefits start with a standard monthly allowance for the surviving spouse and additional benefits are provided under certain circumstances; and

Whereas, Under federal law, a surviving spouse is punished for having both a paid annuity and earned indemnity benefits. When a surviving spouse of a military retiree is eligible to receive a monthly annuity payment through the Survivor Benefit Program and has been awarded a monthly benefit through the Dependency and Indemnity Compensation program, the retirement annuity is offset dollar-for-dollar by the amount of benefits received because of their service-related death. This offset is commonly referred to throughout the veterans’ community as the “widows’ tax” and can cause $14,580 a year or more in reduced payments to beneficiaries; and

Whereas, The indemnity compensation should be in addition to the retirement annuity rather than in place of it. The rationale and qualifications for these two programs are wholly different. The Survivor Benefit Program is a personal financial decision made by a military retiree to provide some degree of financial security to their surviving spouse while the Veterans Affairs indemnity program is an earned benefit awarded following a service-connected death. The Survivor Benefit Program’s mandated premium payments set it apart from the indemnity program’s survivor benefits, and the government should not be taking the annuity benefits bought by service members for their families. Congress should ensure that the families who have given so much in the service of their country receive all of their military survivor benefits and retirement annuities; now, therefore, be it

Resolved by the House of Representatives, That we urge the Congress of the United States to eliminate the “widows’ tax” on the surviving spouses of retired U.S. military service members; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Military and Veterans Affairs.

Reps. Rabhi, Wittenberg, Hoadley, Hammoud, Sowerby, Clemente, Ellison, Lucido, Hertel, Pagan, Gay-Dagnogo, Sabo, Chang, Neeley, Durhal, Santana, Cochran, Geiss, Jones and Love offered the following resolution:

House Resolution No. 51.

A resolution to urge the Governor and Attorney General to exercise their authority as guardians of the public trust to terminate the 1953 easement and shut down the Enbridge Energy Line 5 pipelines on the bottomlands of the Straits of Mackinac.

Whereas, The Great Lakes are crucial to Michigan’s economy, ecology, and identity. Our state’s freshwater resources are vital to agriculture, fishing, manufacturing, tourism, wildlife, and drinking water. One in five Michigan jobs are directly connected to our water resources; and

Whereas, An oil spill in the Straits of Mackinac would be devastating for our state. The United States Coast Guard testified before Congress in 2015 that the Coast Guard would not be able to respond effectively to a leak in the Great Lakes, particularly if a leak occurred under ice cover. Modeling conducted in 2016 by University of Michigan hydrodynamics researchers determined that a rupture of Line 5 would likely contaminate at least 700 miles of coastline; and

Whereas, The Enbridge Energy Line 5 pipeline under the Straits of Mackinac is 64 years old, and transports nearly 23 million gallons of light crude oil and natural gas liquids daily through an ecologically vulnerable area; and

Whereas, The state of Michigan holds the bottomlands of the Great Lakes in inalienable public trust and in 1953 granted Enbridge an easement to operate Line 5 under the Straits. The terms of the easement require that Enbridge “follow the usual, necessary and proper procedures for the type of operation involved, and at all times shall exercise the due care of a reasonably prudent person for the safety and welfare of all persons and all public and private property”; and

Whereas, Because of the age of the pipeline, the buildup of biota, the lack of adequate emergency response plans, and the fact that hydrocarbon flows are 80 percent above the original specifications, Enbridge is not operating Line 5 with due care; and

Whereas, Enbridge is in longstanding material breach of specific structural conditions of the easement; and

Whereas, The easement requires the pipeline be not less than 0.812 inches thick, but some areas are up to 41 percent thinner than required due to milling defects in the original construction. Additionally, areas of corrosion eroding up to 26 percent of the pipeline thickness were detected in 2013; and

Whereas, The easement requires supportive anchors at least every 75 feet, but inspections as early as 1979 have repeatedly found unsupported spans exceeding this length as erosion washes out areas previously supported on the lake bottom. Most recently, unsupported spans were revealed in the summer of 2016 despite assurances from Enbridge in 2014 that the problem would not recur. Inadequate support puts cumulative stress on the pipeline and its welds over the long term; and

Whereas, The easement requires the pipeline be protected by an anticorrosion coating. A work plan submitted by Enbridge to the U.S. Environmental Protection Agency in 2016 indicates at least 19 areas of apparent delamination of this coating; and

Whereas, The easement requires Enbridge post a liability bond of at least $1 million and a surety bond of $100,000, amounts that do not even approach the likely cost of cleanup given that Enbridge’s spill in the Kalamazoo River cost over $1.2 billion. According to the Michigan Petroleum Pipeline Task Force Report, Enbridge has yet to document that it is in compliance with even this minimal requirement; and

Whereas, The Governor and Attorney General have a duty to protect the people and economy of Michigan and to ensure the public trust in the Great Lakes; and

Whereas, Further study and delay are unnecessary and hazardous because it is already evident that Enbridge’s material breaches of the easement present an unacceptable risk of catastrophe that cannot be remedied in the 90-day period provided in the easement agreement; now, therefore, be it

Resolved by the House of Representatives, That we urge the Governor and Attorney General to exercise their authority immediately to terminate the 1953 easement and shut down the Enbridge Energy Line 5 pipelines on the bottomlands of the Straits of Mackinac; and be it further

Resolved, That copies of this resolution be transmitted to the Governor and Attorney General.

The resolution was referred to the Committee on Energy Policy.

Third Reading of Bills

House Bill No. 4070, entitled

A bill to amend 1996 PA 101, entitled “Property rights preservation act,” by amending the title and sections 2 and 4 (MCL 24.422 and 24.424) and by adding section 6.

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

Roll Call No. 57 Yeas—76

Afendoulis Garcia Kesto Pagel

Albert Glenn Kivela Reilly

Alexander Graves Kosowski Rendon

Allor Greig LaFave Roberts

Barrett Greimel LaGrand Robinson

Bellino Griffin LaSata Runestad

Bizon Guerra Lasinski Schor

Brann Hauck Lauwers Sheppard

Brinks Hernandez Leonard Tedder

Calley Hoitenga Leutheuser Theis

Camilleri Hornberger Liberati VanderWall

Canfield Howell Lilly VanSingel

Chatfield Howrylak Lower Vaupel

Cole Hughes Lucido VerHeulen

Cox Iden Marino Victory

Crawford Inman Maturen Webber

Dianda Johnson McCready Wentworth

Farrington Kahle Miller Whiteford

Frederick Kelly Noble Yaroch

Nays—31

Byrd Faris Love Scott

Chang Gay-Dagnogo Moss Singh

Chirkun Geiss Neeley Sneller

Clemente Green Pagan Sowerby

Cochran Hammoud Peterson Wittenberg

Durhal Hertel Rabhi Yanez

Elder Hoadley Sabo Zemke

Ellison Jones Santana

In The Chair: Chatfield

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

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

A bill to amend 1996 PA 101, entitled “Property rights preservation act,” by amending the title and sections 2, 3, and 4 (MCL 24.422, 24.423, and 24.424) and by adding section 6.

The motion prevailed.

The House agreed to the title as amended.

Rep. Lauwers 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 Tedder to the Chair.

House Bill No. 4259, entitled

A bill to amend 2003 PA 1, entitled “An act to provide for the audit and examination of this state and state funds; to provide for the audit and examination of the books and accounts of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of this state; to prescribe powers and duties of certain state officers and employees; to provide for access to certain records; to provide for the subpoena of witnesses and production of documents and records; to prescribe penalties; and to provide for the administration of this act,” by amending section 1 (MCL 13.101).

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

Roll Call No. 58 Yeas—107

Afendoulis Frederick Kesto Rendon

Albert Garcia Kivela Roberts

Alexander Gay-Dagnogo Kosowski Robinson

Allor Geiss LaFave Runestad

Barrett Glenn LaGrand Sabo

Bellino Graves LaSata Santana

Bizon Green Lasinski Schor

Brann Greig Lauwers Scott

Brinks Greimel Leonard Sheppard

Byrd Griffin Leutheuser Singh

Calley Guerra Liberati Sneller

Camilleri Hammoud Lilly Sowerby

Canfield Hauck Love Tedder

Chang Hernandez Lower Theis

Chatfield Hertel Lucido VanderWall

Chirkun Hoadley Marino VanSingel

Clemente Hoitenga Maturen Vaupel

Cochran Hornberger McCready VerHeulen

Cole Howell Miller Victory

Cox Howrylak Moss Webber

Crawford Hughes Neeley Wentworth

Dianda Iden Noble Whiteford

Durhal Inman Pagan Wittenberg

Elder Johnson Pagel Yanez

Ellison Jones Peterson Yaroch

Faris Kahle Rabhi Zemke

Farrington Kelly Reilly

Nays—0

In The Chair: Tedder

The House agreed to the title of the bill.

Rep. Cole 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. 4213, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2016 PA 357.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4048, entitled

A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 11a.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4131, entitled

A bill to amend 1994 PA 350, entitled “Public employee retirement benefits forfeiture act,” by amending sections 2, 3, and 4 (MCL 38.2702, 38.2703, and 38.2704), sections 2 and 4 as amended by 1996 PA 467.

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

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

Rep. Runestad 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 Thursday, March 23:

House Bill Nos. 4403 4404 4405 4406 4407 4408 4409 4410 4411

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, March 28:

Senate Bill Nos. 275 276 277 278 279

The Clerk announced that the following Senate bills had been received on Tuesday, March 28:

Senate Bill Nos. 159 168

Reports of Standing Committees

The Committee on Energy Policy, by Rep. Glenn, Chair, reported

Senate Concurrent Resolution No. 6.

A concurrent resolution to memorialize the Congress of the United States to appropriate funds from the Nuclear Waste Fund for the establishment of a permanent repository for high-level nuclear waste or reimburse electric utility customers that paid into the fund.

(For text of concurrent resolution, see House Journal No. 25, p. 266.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Glenn, Hauck, Barrett, Cole, Tedder, Bellino, Farrington, Griffin, Johnson, LaFave, Lower, Reilly, Lasinski, Dianda, Kivela, Camilleri, Elder and Green

Nays: None

The Committee on Energy Policy, by Rep. Glenn, Chair, reported

Senate Concurrent Resolution No. 8.

A concurrent resolution to urge the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission to fulfill their obligation to establish a permanent solution for handling high-level nuclear waste.

(For text of concurrent resolution, see House Journal No. 25, p. 267.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Glenn, Hauck, Barrett, Cole, Tedder, Bellino, Farrington, Griffin, Johnson, LaFave, Lower, Reilly, Lasinski, Dianda, Kivela, Camilleri, Elder and Green

Nays: None

The Committee on Energy Policy, by Rep. Glenn, Chair, reported

Senate Concurrent Resolution No. 9.

A concurrent resolution to urge the President and Congress of the United States to explore and support policies that will lead to the establishment of facilities within the United States for the reprocessing and recycling of spent nuclear fuel.

(For text of concurrent resolution, see House Journal No. 25, p. 267.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Glenn, Hauck, Barrett, Cole, Tedder, Bellino, Farrington, Griffin, Johnson, LaFave, Lower, Reilly, Lasinski, Dianda, Kivela, Camilleri, Elder and Green

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 28, 2017

Present: Reps. Glenn, Hauck, Barrett, Cole, Tedder, Bellino, Farrington, Griffin, Johnson, LaFave, Lower, Reilly, Lasinski, Dianda, Kivela, Camilleri, Elder and Green

Absent: Rep. Garrett

Excused: Rep. Garrett

The Committee on Workforce and Talent Development, by Rep. Frederick, Chair, reported

House Bill No. 4315, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278d.

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. Frederick, Kahle, Crawford, Iden, Leutheuser and Wentworth

Nays: Reps. Love, Geiss and Scott

The Committee on Workforce and Talent Development, by Rep. Frederick, Chair, reported

House Bill No. 4316, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2015 PA 186.

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. Frederick, Kahle, Crawford, Iden, Leutheuser and Wentworth

Nays: Reps. Love, Geiss and Scott

The Committee on Workforce and Talent Development, by Rep. Frederick, Chair, reported

House Bill No. 4317, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2015 PA 186.

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. Frederick, Kahle, Iden, Leutheuser and Wentworth

Nays: Reps. Crawford, Love, Geiss and Scott

The Committee on Workforce and Talent Development, by Rep. Frederick, Chair, reported

House Bill No. 4318, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2015 PA 186.

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. Frederick, Kahle, Crawford, Iden, Leutheuser and Wentworth

Nays: Reps. Love, Geiss and Scott

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Frederick, Chair, of the Committee on Workforce and Talent Development, was received and read:

Meeting held on: Tuesday, March 28, 2017

Present: Reps. Frederick, Kahle, Crawford, Iden, Leutheuser, Wentworth, Love, Geiss and Scott

The Committee on Commerce and Trade, by Rep. Leutheuser, Chair, reported

House Concurrent Resolution No. 2.

A concurrent resolution to express support for the construction of a new lock at Sault Ste. Marie, Michigan, and urge the President and Congress of the United States to fully fund the project.

(For text of concurrent resolution, see House Journal No. 11, p. 111.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Leutheuser, Garcia, Hughes, Kesto, McCready, Iden, Frederick, Hornberger, Rendon, Schor, Greimel, Byrd, Geiss, Camilleri and Scott

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Leutheuser, Chair, of the Committee on Commerce and Trade, was received and read:

Meeting held on: Tuesday, March 28, 2017

Present: Reps. Leutheuser, Garcia, Hughes, Kesto, McCready, Iden, Frederick, Hornberger, Rendon, Schor, Greimel, Byrd, Geiss, Camilleri and Scott

The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported

House Bill No. 4215, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 676 (MCL 257.676), as amended by 2003 PA 184.

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. Cole, Webber, Lucido, Maturen, Roberts, Howell, Alexander, Calley and Noble

Nays: Reps. Chirkun, Love, Clemente, Sabo and Sneller

The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported

House Bill No. 4306, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 312c and 801 (MCL 257.312c and 257.801), section 312c as amended by 2003 PA 103 and section 801 as amended by 2016 PA 148.

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. Cole, Webber, Lucido, Maturen, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Cole, Chair, of the Committee on Transportation and Infrastructure, was received and read:

Meeting held on: Tuesday, March 28, 2017

Present: Reps. Cole, Webber, Lucido, Maturen, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller

The Committee on Judiciary, by Rep. Runestad, Chair, reported

Senate Bill No. 49, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5106 (MCL 700.5106), as amended by 2000 PA 463.

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. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Guerra and Sowerby

Nays: Rep. Robinson

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 28, 2017

Present: Reps. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Robinson, Guerra and Sowerby

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Kesto, Chair, of the Committee on Law and Justice, was received and read:

Meeting held on: Tuesday, March 28, 2017

Present: Reps. Kesto, Lucido, Graves, Howrylak, Roberts, Theis, Albert, Chang, Robinson, Guerra, Liberati and Wittenberg

Messages from the Senate

Senate Bill No. 159, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2016 PA 72.

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. 168, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 6107 (MCL 500.6107), as added by 1992 PA 174.

The Senate has passed the bill.

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

Communications from State Officers

The following communication from the Department of Attorney General was received and read:

March 22, 2017

Pursuant to MCL 752.974(i), attached please find the Michigan Human Trafficking Commission’s 2016 Report to the Governor and Legislature. I am pleased with the progress the Commission has made over the last year. Further, I am committed to continuing to work with the Commission to eradicate the horrible crime of human trafficking.

Please do not hesitate to contact me if you have any questions.

Sincerely,

Bill Schuette

Attorney General

The communication was referred to the Clerk.

Introduction of Bills

Reps. Iden, Kesto, Sheppard, Lucido, Ellison, Kahle and Kosowski introduced

House Bill No. 4412, entitled

A bill to amend 1973 PA 186, entitled “Tax tribunal act,” by amending sections 3, 21, 22, 25, 26, 32, 34, 35a, 49, 51, and 62 (MCL 205.703, 205.721, 205.722, 205.725, 205.726, 205.732, 205.734, 205.735a, 205.749, 205.751, and 205.762), sections 3, 32, and 35a as amended by 2008 PA 125, section 22 as amended by 2008 PA 127, sections 26 and 49 as amended by 2008 PA 126, section 34 as amended by 1980 PA 437, and section 62 as amended by 2008 PA 128; and to repeal acts and parts of acts.

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

Reps. Hornberger, Wentworth, Lucido and Hoitenga introduced

House Bill No. 4413, entitled

A bill to amend 1967 PA 150, entitled “Michigan military act,” (MCL 32.501 to 32.851) by adding section 338.

The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs.

Reps. Hornberger, Marino and Lucido introduced

House Bill No. 4414, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 931a (MCL 168.931a), as added by 2012 PA 280.

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

Reps. Webber, Leutheuser and Lucido introduced

House Bill No. 4415, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 627 and 628 (MCL 257.627 and 257.628), section 627 as amended by 2016 PA 445 and section 628 as amended by 2016 PA 447.

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

Reps. Hoitenga, Runestad, Lower, Cole, Hornberger, Marino, Glenn, Lucido, Rendon, Hernandez, Barrett, Tedder, LaFave and Allor introduced

House Bill No. 4416, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 227, 227b, 230, and 237a (MCL 750.227, 750.227b, 750.230, and 750.237a), section 227 as amended by 1986 PA 8 and sections 227b and 237a as amended by 2015 PA 26; and to repeal acts and parts of acts.

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

Reps. Hornberger, Hoitenga, Runestad, Lower, Cole, Marino, Glenn, Lucido, Hernandez, Barrett, Tedder, LaFave and Allor introduced

House Bill No. 4417, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 12 and 15 (MCL 28.432 and 28.435), section 12 as amended by 2010 PA 209 and section 15 as added by 2000 PA 265.

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

Reps. Allor, Runestad, Lower, Hoitenga, Cole, Hornberger, Marino, Glenn, Lucido, Hernandez, Barrett, Tedder and LaFave introduced

House Bill No. 4418, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43510 (MCL 324.43510), as amended by 2013 PA 108.

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

Reps. Cole, Runestad, Lower, Hoitenga, Hornberger, Marino, Glenn, Lucido, Rendon, Hernandez, Barrett, Howrylak, Tedder and Allor introduced

House Bill No. 4419, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter II and section 16m of chapter XVII (MCL 762.12 and 777.16m), section 12 of chapter II as amended by 2015 PA 32 and section 16m of chapter XVII as amended by 2014 PA 192.

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

Reps. Tedder and Schor introduced

House Bill No. 4420, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2009 PA 241.

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

Reps. Hughes, Marino, Lucido, Barrett, Graves, Victory, Sheppard, Kelly and Glenn introduced

House Bill No. 4421, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2016 PA 192.

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

Reps. Hughes, Marino, Lucido, Faris, Maturen, Crawford, Barrett, Chatfield, Graves, Victory, Sheppard, Tedder and Glenn introduced

House Bill No. 4422, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2015 PA 219.

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

Reps. Lower, VerHeulen, Webber, Glenn, Wentworth, Crawford, Hoitenga, Graves, Sheppard, Frederick, Kahle, Chirkun, Hauck, Sabo, Green, Albert, Howell, Lucido, Runestad, LaFave, Rendon, Marino, Hughes, Bellino, Sneller and Faris introduced

House Bill No. 4423, entitled

A bill to create the sheriff patrol assistance for financially distressed communities program act; to describe the sheriff patrol assistance for financially distressed communities program; and to provide for certain grants.

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

Reps. Kivela, Howell, Bellino, Sowerby, Cole, VanderWall, Rendon, Maturen and Chang introduced

House Bill No. 4424, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2015 PA 188.

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

Reps. Barrett, Johnson, Noble, Kelly, Glenn, Cole, Hornberger, Hoitenga, Tedder, Bellino, Lucido, Reilly, Marino, Miller, Yaroch, Runestad, Crawford, LaFave and Chatfield introduced

House Bill No. 4425, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5111, 9215, and 9227 (MCL 333.5111, 333.9215, and 333.9227), section 5111 as amended by 2016 PA 64 and section 9227 as amended by 2006 PA 91, and by adding section 5115a.

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

Reps. Noble, Barrett, Johnson, Kelly, Glenn, Cole, Hornberger, Hoitenga, Tedder, Bellino, Lucido, Reilly, Marino, Miller, Yaroch, Runestad, LaFave and Chatfield introduced

House Bill No. 4426, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177 (MCL 380.1177), as amended by 2013 PA 121.

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

Reps. Runestad, Lucido, Chirkun, Chang, Howrylak, Barrett and Gay-Dagnogo introduced

House Bill No. 4427, entitled

A bill to exempt from disclosure certain audio and video recordings recorded by law enforcement officers with a body-worn camera in certain private places; to describe certain individuals who may request disclosure of those audio and video recordings; and to prescribe the powers and duties of certain local and state law enforcement agencies.

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

Reps. Gay-Dagnogo, Greimel, Byrd, Brinks, Pagan, Sabo, Yanez, Schor, Howrylak, Chang, Green, Elder, Hertel, Neeley, Sneller, Moss, Hoadley, Cochran, Liberati, LaGrand, Kivela, Rendon, Rabhi, Durhal, Chirkun, Geiss, Dianda, Scott, Jones, Faris and Guerra introduced

House Bill No. 4428, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 280b.

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

Rep. Lucido introduced

House Bill No. 4429, entitled

A bill to amend 2006 PA 563, entitled “An act to restrict the use and disclosure of certain statements made by law enforcement officers,” by amending section 1 (MCL 15.391), as amended by 2016 PA 302.

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

Reps. Howrylak, Lucido, Robinson, Marino, LaGrand, Kahle, Runestad, Chang, Johnson, Glenn, Dianda, Hernandez, Pagan, Victory and Inman introduced

House Bill No. 4430, entitled

A bill to prohibit this state and certain other governmental agents, employees, and entities in this state from assisting a federal agency in obtaining certain forms of data without a warrant; and to prohibit certain uses of certain data collected without a warrant.

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

Announcements by the Clerk

March 24, 2017

Received from the Auditor General a copy of the report on Internal Control, Compliance, and Other Matters for the fiscal year ended September 30, 2016, March 2017:

• Michigan Strategic Fund (A Discretely Presented Component Unit of the State of Michigan)

• Michigan State Employees’ Retirement System

• Michigan Military Retirement System, Nine Months Ending September 30, 2016, March 2017

Gary L. Randall

Clerk of the House

______

Rep. Noble moved that the House adjourn.

The motion prevailed, the time being 3:30 p.m.

Associate Speaker Pro Tempore Tedder declared the House adjourned until Wednesday, March 29, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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