No. 43

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Tuesday, May 9, 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 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

Dr. Mohanned Hakeem, Imam of Michigan Muslim Community Youth Council in Royal Oak, offered the following invocation:

“Our Lord, we thank You for all what You have given us,

• The opportunity and the trust for being amongst Your most honored creations: mankind

• The opportunity and trust You have bestowed upon us by allowing us to be in this blessed country and great state of Michigan

• The opportunity and trust for giving us the Freedom to worship, innovate, contribute, and make this world and nation a better place for all

The One Who instilled in mothers the mercy towards their children

And Who showed the beasts and the birds how to love and care for each other

And the One Who promised mercy and compassion for those who share it with the poor, the destitute, and the needy

The Day that all of us will answer to God about our privileges and blessings, our decisions and choices in this life, and how we used what we were given towards the greater good

You are the ultimate King and the ultimate Authority, and You are the One Who has power over all

Show us the truth as truth, and give us the strength to follow it, and show us what’s wrong as wrong, and give us the ability to avoid it

Help us build bridges in our great state and country and around the world and realize others who are also on the straight path, inspire us by them, and protect us from being blinded by our ego, our desires, and our internal biases. AMEEN.”

Motions and Resolutions

Rep. Lauwers moved that Rule 41(4) be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

______

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

The motion prevailed.

Rep. Lauwers moved that when the House adjourns today it stand adjourned until Thursday, May 11, at 12:00 Noon.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 4, for his approval of the following bills:

Enrolled House Bill No. 4063 at 2:35 p.m.

Enrolled House Bill No. 4064 at 2:37 p.m.

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, May 4:

House Bill Nos. 4582 4583 4584 4585 4586 4587 4588 4589 4590 4591 4592 4593

The Clerk announced that the following Senate bills had been received on Tuesday, May 9:

Senate Bill Nos. 211 264 265

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, May 9:

Senate Bill Nos. 367 368 369

Reports of Standing Committees

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

House Bill No. 4545, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 11 (MCL 421.11), as amended by 2011 PA 269.

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

Nays: None

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

House Bill No. 4546, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 54 (MCL 421.54), as amended by 2016 PA 522.

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

Nays: None

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, May 9, 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 Bill No. 4305, entitled

A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending sections 202a and 451 (MCL 451.2202a and 451.2451), section 202a as added by 2013 PA 264 and section 451 as added by 2014 PA 355.

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. 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, May 9, 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. 4160, entitled

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

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, 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, May 9, 2017

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

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, May 9, 2017

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

Absent: Reps. Kivela and Garrett

Excused: Reps. Kivela and Garrett

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, May 9, 2017

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

Absent: Rep. Robinson

Excused: Rep. Robinson

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hoitenga, Chair, of the Committee on Communications and Technology, was received and read:

Meeting held on: Tuesday, May 9, 2017

Present: Reps. Hoitenga, Griffin, Glenn, Runestad, Sheppard, Tedder, Lower, Phelps, Hertel, Jones and Lasinski

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Wentworth, Chair, of the Committee on Military and Veterans Affairs, was received and read:

Meeting held on: Tuesday, May 9, 2017

Present: Reps. Wentworth, Graves, Hughes, Barrett, Glenn, Albert, Hoitenga, Johnson, Sabo, Brinks, Byrd, Elder and Jones

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 9, 2017

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

Messages from the Senate

Senate Bill No. 211, 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 Senate has passed the bill.

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

Senate Bill No. 264, entitled

A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 9a, 10, 11, 12, 13, 14, and 16 (MCL 29.362, 29.363, 29.364, 29.365, 29.366, 29.367, 29.368, 29.369, 29.369a, 29.370, 29.371, 29.372, 29.373, 29.374, and 29.376), sections 2, 13, and 14 as amended by 2016 PA 405, sections 3, 4, 5, 8, and 11 as amended by 2006 PA 213, section 6 as amended and section 9a as added by 1980 PA 10, and section 9 as amended by 2015 PA 203, and by adding sections 9b and 11a.

The Senate has passed the bill.

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

Senate Bill No. 265, entitled

A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending section 11 (MCL 28.461), as amended by 2013 PA 65.

The Senate has passed the bill.

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

Messages from the Governor

Date: May 4, 2017

Time: 9:12 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4136 (Public Act No. 27, I.E.), being

An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 87b and 87f (MCL 211.87b and 211.87f), section 87b as amended and section 87f as added by 2016 PA 82.

(Filed with the Secretary of State May 4, 2017, at 3:26 p.m.)

Date: May 4, 2017

Time: 9:08 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4137 (Public Act No. 24, I.E.), being

An act to amend 1985 PA 176, entitled “An act to safeguard the privacy of children by regulating the fingerprinting of children,” by amending sections 2 and 4 (MCL 722.772 and 722.774).

(Filed with the Secretary of State May 4, 2017, at 3:20 p.m.)

Announcements by the Clerk

The Clerk received the following dissent from Rep. Elder:

I am submitting my dissent to protest against the actions taken by the majority party in the House of Representatives when it failed to allow constitutionally guaranteed recorded votes on amendments to the budget. Members of our caucus are fighting hard for a budget that supports our middle class, invests in our crumbling roads and bridges, ensures strong public safety and provides a top-rate education for our kids. To that end, multiple amendments were offered that would have resulted in a budget bill that more closely reflected these priorities. Explicit written evidence of the necessary 1/5 support within the chamber required for a record roll call vote, was ignored and dismissed in violation of the Michigan Constitution. This is not what democracy should look like. The constitutional rights of both myself and my constituents were violated. I protest these actions.

______

Rep. Lilly moved that the House adjourn.

The motion prevailed, the time being 3:35 p.m.

The Speaker declared the House adjourned until Thursday, May 11, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

550 JOURNAL OF THE HOUSE [May 9, 2017] [No. 43

No. 43] [May 9, 2017] JOURNAL OF THE HOUSE 551

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No. 43] [May 9, 2017] JOURNAL OF THE HOUSE 553

554 JOURNAL OF THE HOUSE [May 9, 2017] [No. 43