No. 48

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Tuesday, May 23, 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

Rep. Tim Kelly, from the 94th District, offered the following invocation:

“Heavenly Father, we come to You today to ask for Your guidance, wisdom, and support as we begin this legislative session. Help us to engage in meaningful discussion; allow us to grow closer as a group and nurture the bonds of community. Fill us with Your grace, Lord God, as we make decisions that will affect the citizens of the great state of Michigan. Continue to remind us that all that we do here today, is for the greater glory of You, and for the service of humanity. We ask these things in Your name, Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

Motions and Resolutions

Reps. Lasinski, Hoitenga, Greimel, Hornberger, Hauck, Hughes, Chang, Farrington, Leutheuser, Faris, Griffin, Lucido, Rendon, Alexander, Whiteford, Kelly, VanderWall, Sowerby, Moss, Hammoud, Brinks, Geiss, Ellison, Camilleri, Wittenberg, Phelps, Sabo, Jones, Chirkun, Durhal, Gay-Dagnogo, Clemente, Cochran, Peterson, Dianda, Love, Hoadley, Pagan, Green, Yanez, Byrd, Neeley, Schor, Scott, Pagel, LaSata, Rabhi, Greig, Zemke, Allor, Crawford, Elder, Kesto, Singh and Sneller offered the following resolution:

House Resolution No. 105.

A resolution to support the United Nations’ efforts to eliminate female genital mutilation worldwide, and urge the state of Michigan to do everything it can to end female genital mutilation in the state.

Whereas, Female genital mutilation is a harmful practice that involves the removal of all or part of the female genitalia. It is a human rights violation and serves no medical purpose; and

Whereas, Female genital mutilation has serious implications for the sexual and reproductive health of girls and women. Victims of female genital mutilation experience psychological trauma, pain, shock, bleeding, and other immediate injuries. Victims also face long-term consequences such as complications during childbirth, anemia, the formation of cysts and abscesses, painful sexual intercourse, sexual dysfunction, increased risk of HIV transmission, and numerous other problems; and

Whereas, Female genital mutilation is a barbaric practice performed all over the world as a means of controlling girls and women. An estimated 200 million girls and women alive today have been subjected to female genital mutilation worldwide, and roughly half a million girls and women in the United States have undergone female genital mutilation or are considered to be at risk for it in the near future; and

Whereas, The United Nations passed a historic resolution in 2012 calling on all countries to intensify global efforts to eliminate female genital mutilation. Countless other organizations, countries, states, provinces, and municipalities have worked to end female genital mutilation, but much more work needs to be done to support the mission outlined in the resolution; and

Whereas, The state of Michigan has the ability to make a significant difference in the fight against female genital mutilation. By passing stronger criminal laws, devoting resources to investigations, and engaging in a robust public health awareness campaign, the state can save girls from this horrible crime and hold perpetrators accountable; now, therefore, be it

Resolved by the House of Representatives, That we support the United Nations’ efforts to eliminate female genital mutilation worldwide, and urge the state of Michigan to do everything it can to end female genital mutilation in the state; and be it further

Resolved, That copies of this resolution be transmitted to the Secretary General of the United Nations, the Governor, the Attorney General, and the directors of the Department of State Police and Department of Health and Human Services.

The resolution was referred to the Committee on Law and Justice.

Reps. Schor, Clemente, Crawford, Elder, Ellison, Geiss, Greig, Howrylak, Kelly, Liberati, Pagan, Singh, Sneller and Sowerby offered the following resolution:

House Resolution No. 106.

A resolution to declare May 21-27, 2017, as Invisible Illness Awareness Week in the state of Michigan.

Whereas, An invisible illness is a chronic condition that is not easily observed by the general public and is often not readily detected by medical professionals. Examples include lupus, fibromyalgia, interstitial cystitis, rheumatoid arthritis, vasculitis, Crohn’s disease, and Ehlers-Danlos syndrome among others. These illnesses can be debilitating and prevent a person from performing traditional everyday activities; and

Whereas, Invisible illnesses aren’t easily identified. A person with an invisible illness may feel judged by others or feel as though others simply do not understand what they are going through. A person with a chronic condition may be dealing with exhaustion, constant aches or pains, dizziness, or cognitive impairments, and yet may appear to be completely healthy on the outside; and

Whereas, Nearly 1 in 2 Americans has a chronic medical condition of one kind or another. Ninety-six percent of people with chronic medical conditions live with an ailment that is invisible. About a quarter of them have some type of activity limitation, ranging from mild to severe; and

Whereas, The onset or duration of an invisible illness can negatively affect a person’s physical, emotional, economic, educational, and social well-being due to activity limitations; and

Whereas, There is a need for increased awareness about invisible illnesses to create a more accepting and understanding world for those who suffer; and

Whereas, The theme of this year’s Invisible Illness Awareness Week is “Visible in Numbers,” because of the widespread scope of the illnesses; and

Whereas, The purpose of Invisible Illness Awareness Week is to increase understanding of invisible illnesses among the general public and medical community while reducing the stigma surrounding the illnesses, in order to create an environment in which there is better care, earlier and more accurate diagnosis, and knowledge that invisible illness patients can lead a healthy life; and

Whereas, We join with the many individuals who are afflicted by these disorders and support increased awareness of invisible illnesses; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 21-27, 2017, as Invisible Illness Awareness Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4131, entitled

A bill to amend 1994 PA 350, entitled “Public employee retirement benefits forfeiture act,” by amending sections 2, 3, 4, and 5 (MCL 38.2702, 38.2703, 38.2704, and 38.2705), sections 2, 4, and 5 as amended by 1996 PA 467, and by adding section 4a.

(The bill was received from the Senate on May 18, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 47, p. 624.)

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

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

Roll Call No. 127 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 full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Third Reading of Bills

House Bill No. 4611, entitled

A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections 2, 8, and 17 (MCL 431.302, 431.308, and 431.317), as amended by 2016 PA 271.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Lauwers moved to substitute (H-4) the bill.

The motion was seconded and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

Rep. Wittenberg moved to amend the bill as follows:

1. Amend page 16, line 10, after “to” by striking out “1/100” and inserting “1/15”.

The motion was seconded and the amendment was adopted, 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. 128 Yeas—65

Alexander Greig LaFave Runestad

Barrett Griffin LaSata Sabo

Bellino Guerra Lauwers Schor

Brann Hernandez Leonard Sheppard

Calley Hertel Leutheuser Singh

Camilleri Hoadley Lilly Sneller

Chatfield Hoitenga Lower Tedder

Cole Hornberger Lucido Theis

Cox Howell Marino VanderWall

Crawford Hughes Miller VanSingel

Elder Iden Moss Vaupel

Ellison Inman Pagel VerHeulen

Farrington Johnson Reilly Victory

Frederick Kahle Rendon Whiteford

Glenn Kelly Roberts Wittenberg

Graves Kosowski Robinson Yaroch

Green

Nays—43

Afendoulis Dianda Jones Peterson

Albert Durhal Kesto Phelps

Allor Faris LaGrand Rabhi

Bizon Garcia Lasinski Santana

Brinks Garrett Liberati Scott

Byrd Gay-Dagnogo Love Sowerby

Canfield Geiss Maturen Webber

Chang Greimel McCready Wentworth

Chirkun Hammoud Neeley Yanez

Clemente Hauck Noble Zemke

Cochran Howrylak Pagan

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 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections 8, 17, 20, and 22 (MCL 431.308, 431.317, 431.320, and 431.322), as amended by 2016 PA 271.

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.

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.

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

Roll Call No. 129 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.

______

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

Second Reading of Bills

House Bill No. 4181, 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.

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

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

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

The motion prevailed.

House Bill No. 4431, entitled

A bill to amend 1952 PA 46, entitled “An act to provide for the inspection by committees of the legislature of the records and files of state departments, boards, institutions and agencies,” by amending section 1 (MCL 4.541).

The bill was read a second time.

Rep. Gay-Dagnogo moved to amend the bill as follows:

1. Amend page 2, line 8, after “SUBPOENA.” by inserting “IF THE SUBPOENA REQUIRES THE PRODUCTION OF RECORDS AND FILES FROM A LOCAL UNIT OF GOVERNMENT, THIS STATE SHALL REIMBURSE THE LOCAL UNIT OF GOVERNMENT FOR ITS COSTS INCURRED IN PRODUCING THE RECORDS AND FILES.”.

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

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

The motion prevailed.

House Bill No. 4432, entitled

A bill to amend 1931 PA 118, entitled “An act to provide for the administration of oaths, subpoena of witnesses and/or examination of certain books and records by committees and commissions of the legislature,” by amending section 1 (MCL 4.101).

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.

Senate Bill No. 359, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9m and 9n (MCL 211.9m and 211.9n), as amended by 2016 PA 108.

The bill was read a second time.

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

The motion prevailed.

______

Associate Speaker Pro Tempore Tedder called Associate Speaker Pro Tempore Glenn to the Chair.

Pending the Second Reading of

Senate Bill No. 140, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.

Rep. Lauwers moved that the bill be referred to the Committee on Appropriations.

The motion prevailed.

Pending the Second Reading of

Senate Bill No. 141, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.

Rep. Lauwers moved that the bill be referred to the Committee on Appropriations.

The motion prevailed.

______

Rep. Lauwers 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, May 18:

House Bill Nos. 4628 4629 4630 4631 4632

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, May 23:

Senate Bill Nos. 394 395 396 397 398 399 400 401

The Clerk announced that the following Senate bills had been received on Tuesday, May 23:

Senate Bill Nos. 249 290 332

Reports of Standing Committees

The Committee on Communications and Technology, by Rep. Hoitenga, Chair, reported

House Bill No. 4508, entitled

A bill to create a program under which volunteers may provide services to organizations in this state to respond to cybersecurity incidents; to provide for protection from liability for personal injury and property damage; to provide for the powers and duties of state governmental officers and agencies; and to create the Michigan cyber civilian corps advisory board and prescribe its powers and duties.

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. Hoitenga, Griffin, Glenn, Sheppard, Tedder, Lower, Phelps, Hertel, Jones and Lasinski

Nays: None

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 23, 2017

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

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

House Bill No. 4168, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1079a.

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. 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 23, 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

House Bill No. 4575, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2534 (MCL 600.2534), as amended by 2006 PA 506.

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. Runestad, Howrylak, Cole, LaFave, Robinson, Guerra and Sowerby

Nays: Reps. Theis and Hornberger

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

Senate Bill No. 245, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 231 and 237a (MCL 750.231 and 750.237a), section 231 as amended by 2006 PA 401 and section 237a as amended by 2015 PA 26; and to repeal acts and parts of acts.

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. 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, May 23, 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, May 23, 2017

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

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 23, 2017

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

Excused: Rep. Garrett

Messages from the Senate

House Bill No. 4229, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2016 PA 249.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and pursuant to Joint Rule 20, inserted the full title.