No. 65

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Wednesday, September 13, 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—excused 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. Dave Pagel, from the 78th District, offered the following invocation:

“Lord God, as we enter another fall harvest season, it is a fitting time to praise You for the blessings You give. And in this Chamber we are each blessed also with the trust and support of our many constituents. Help us to prove worthy of that trust-give us wisdom in our decision making and courage to promote what is best for Michigan. Help us to stand up with integrity to the various temptations we face, be they related to financial support of our campaigns, the temptation to follow popular opinion or party-line doctrine when often there is a better way forward. Help us to work together, to respect each other, and to honor You with our thoughts and actions. Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

Rep. Greig moved that Rep. Love be excused from today’s session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4665, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311g (MCL 380.1311g), as amended by 2014 PA 256.

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

Roll Call No. 269 Yeas—104

Afendoulis Frederick Kahle Reilly

Albert Garcia Kelly Rendon

Alexander Garrett Kesto Roberts

Allor Gay-Dagnogo Kosowski Runestad

Barrett Geiss LaFave Sabo

Bellino Glenn LaGrand Santana

Bizon Graves LaSata Schor

Brann Green Lasinski Scott

Brinks Greig Lauwers Sheppard

Byrd Greimel Leonard Singh

Calley Griffin Leutheuser Sneller

Camilleri Guerra Liberati Sowerby

Canfield Hammoud Lilly Tedder

Chang Hauck Lower Theis

Chatfield Hernandez Lucido VanderWall

Clemente Hertel Marino VanSingel

Cochran Hoadley Maturen Vaupel

Cole Hoitenga McCready VerHeulen

Cox Hornberger Miller Victory

Crawford Howell Moss Webber

Dianda Howrylak Neeley Wentworth

Durhal Hughes Noble Whiteford

Elder Iden Pagan Wittenberg

Ellison Inman Pagel Yanez

Faris Johnson Peterson Yaroch

Farrington Jones Phelps Zemke

Nays—3

Chirkun Rabhi Robinson

In The Chair: Chatfield

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. 4716, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2012 PA 386.

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

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

Rep. Lucido 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 and joint resolution had been reproduced and made available electronically on Tuesday, September 12:

House Bill Nos. 4905 4906 4907 4908 4909 4910 4911 4912 4913 4914 4915 4916 4917 4918

4919 4920 4921 4922 4923 4924 4925 4926 4927 4928 4929 4930

House Joint Resolution V

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, September 13:

Senate Bill Nos. 552 553 554 555 556 557 558 559 560 561 562 563 564 565

566 567 568 569

Reports of Standing Committees

The Committee on Health Policy, by Rep. Vaupel, Chair, reported

House Bill No. 4549, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16141, 16145, and 18223 (MCL 333.16141, 333.16145, and 333.18223), sections 16141 and 16145 as amended by 1993 PA 80 and section 18223 as amended by 2014 PA 385.

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. Vaupel, Tedder, Graves, Sheppard, Calley, Farrington, Hauck, Hornberger, Kahle, Noble, Brinks and Hertel

Nays: Reps. Garcia, Schor, Neeley and Hammoud

The Committee on Health Policy, by Rep. Vaupel, Chair, reported

Senate Bill No. 352, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 9155 and 9156 (MCL 333.9155 and 333.9156), section 9155 as added by 2012 PA 342 and section 9156 as added by 2012 PA 343.

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. Vaupel, Tedder, Graves, Garcia, Sheppard, Calley, Farrington, Hauck, Hornberger, Kahle, Noble, Brinks, Schor, Neeley, Hammoud and Hertel

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 13, 2017

Present: Reps. Vaupel, Tedder, Graves, Garcia, Sheppard, Calley, Farrington, Hauck, Hornberger, Kahle, Noble, Brinks, Schor, Neeley, Hammoud and Hertel

Absent: Rep. Garrett

Excused: Rep. Garrett

The Committee on Local Government, by Rep. Lower, Chair, reported

House Bill No. 4290, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending sections 16, 17, and 19 (MCL 691.1416, 691.1417, and 691.1419), as added by 2001 PA 222.

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. Lower, Crawford, Howell, Alexander, Frederick and Hauck

Nays: Reps. Green, Moss, Ellison and Sabo

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lower, Chair, of the Committee on Local Government, was received and read:

Meeting held on: Wednesday, September 13, 2017

Present: Reps. Lower, Crawford, Runestad, Howell, Alexander, Frederick, Hauck, Green, Moss, Ellison and Sabo

The Committee on Regulatory Reform, by Rep. Iden, Chair, reported

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.

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. Iden, Bellino, Crawford, Leutheuser, Theis, Webber, Griffin, Hauck, Hoitenga, Reilly, Moss, Dianda, Chirkun, Liberati and Jones

Nays: None

The Committee on Regulatory Reform, by Rep. Iden, Chair, reported

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.

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. Iden, Bellino, Crawford, Leutheuser, Theis, Webber, Griffin, Hauck, Hoitenga, Reilly, Moss, Dianda, Chirkun, Liberati and Jones

Nays: None

The Committee on Regulatory Reform, by Rep. Iden, Chair, reported

Senate Bill No. 356, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 502.

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. Iden, Bellino, Crawford, Leutheuser, Theis, Webber, Griffin, Hauck, Hoitenga, Moss, Dianda, Chirkun, Liberati and Jones

Nays: Rep. Reilly

The Committee on Regulatory Reform, by Rep. Iden, Chair, reported

Senate Bill No. 357, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 609c.

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. Iden, Bellino, Crawford, Leutheuser, Theis, Webber, Griffin, Hauck, Hoitenga, Reilly, Moss, Dianda, Chirkun, Liberati and Jones

Nays: None

The Committee on Regulatory Reform, by Rep. Iden, Chair, reported

Senate Bill No. 358, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 610a.

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. Iden, Bellino, Crawford, Leutheuser, Theis, Webber, Griffin, Hauck, Hoitenga, Reilly, Moss, Dianda, Chirkun, Liberati and Jones

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Iden, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, September 13, 2017

Present: Reps. Iden, Bellino, Crawford, Leutheuser, Theis, Webber, Griffin, Hauck, Hoitenga, Reilly, Moss, Dianda, Chirkun, Liberati and Jones

Absent: Rep. Love

Excused: Rep. Love

The Committee on Government Operations, by Rep. Chatfield, Chair, reported

House Joint Resolution V, entitled

A joint resolution applying to the Congress of the United States to call a convention to propose an amendment to the constitution of the United States to impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for federal officials and members of Congress.

Without amendment and with the recommendation that the joint resolution be adopted.

The joint resolution was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Chatfield, Lauwers and Barrett

Nays: Reps. Singh and Greig

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Chatfield, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Wednesday, September 13, 2017

Present: Reps. Chatfield, Lauwers, Barrett, Singh and Greig

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Howell, Chair, of the Committee on Natural Resources, was received and read:

Meeting held on: Wednesday, September 13, 2017

Present: Reps. Howell, LaFave, Maturen, Bellino, Rendon, VanderWall, Sowerby and Chang

Absent: Rep. Greig

Excused: Rep. Greig

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Farrington, Chair, of the Committee on Financial Services, was received and read:

Meeting held on: Wednesday, September 13, 2017

Present: Reps. Farrington, Graves, McCready, Lilly, VanderWall, Gay-Dagnogo, Zemke, Clemente and Green

Messages from the Senate

House Bill No. 4892, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 644f (MCL 168.644f), as amended by 2015 PA 43.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

Introduction of Bills

Rep. Kosowski introduced

House Bill No. 4931, entitled

A bill to impose civil liability on persons that financially exploit a vulnerable adult.

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

Rep. Kosowski introduced

House Bill No. 4932, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7u (MCL 211.7u), as amended by 2012 PA 135.

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

Rep. Kosowski introduced

House Bill No. 4933, entitled

A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 2 and 4a (MCL 722.952 and 722.954a), as amended by 2016 PA 190, and by adding section 4f.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Rep. Kosowski introduced

House Bill No. 4934, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1135 and 1148 (MCL 380.1135 and 380.1148), section 1135 as added by 1987 PA 84 and section 1148 as amended by 2009 PA 186.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Rep. Kosowski introduced

House Bill No. 4935, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2017 PA 108.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Rep. Kosowski introduced

House Bill No. 4936, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6 and 163 (MCL 388.1606 and 388.1763), section 6 as amended by 2017 PA 108 and section 163 as amended by 2015 PA 85.

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

Rep. Kosowski introduced

House Bill No. 4937, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 553a, 1231, 1233, and 1233b (MCL 380.553a, 380.1231, 380.1233, and 380.1233b), section 553a as amended by 2011 PA 277, sections 1231 and 1233 as amended by 2016 PA 192, and section 1233b as amended by 1995 PA 289.

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

Rep. Whiteford introduced

House Bill No. 4938, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17201 (MCL 333.17201), as amended by 2016 PA 499, and by adding sections 16190, 17225, and 17225a.

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

Rep. Lucido introduced

House Bill No. 4939, 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 2017 PA 89.

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

Reps. Canfield, Lucido, Barrett, Victory, Sheppard, Alexander and Roberts introduced

House Bill No. 4940, entitled

A bill to amend 1965 PA 114, entitled “An act relating to dry, edible beans; to create a bean commission and prescribe its functions; to levy and collect assessments on bean production; and to provide penalties for violation of this act,” by amending sections 1, 2, 3, and 4 (MCL 290.551, 290.552, 290.553, and 290.554), as amended by 2000 PA 484.

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

Reps. Faris, Cochran, Sneller, Geiss, Rabhi, Wittenberg, Lasinski, Neeley, Camilleri, Love, Hoadley, Zemke, Schor, Moss and Green introduced

House Bill No. 4941, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2017 PA 21.

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

Reps. Cochran, Faris, Geiss, Rabhi, Sneller, Chirkun, Wittenberg, Peterson, Dianda, LaGrand, Clemente, Lasinski, Love, Camilleri, Zemke, Hoadley, Schor, Green and Moss introduced

House Bill No. 4942, entitled

A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” (MCL 141.421 to 141.440a) by adding section 3a.

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

Reps. Maturen, Hoadley, Griffin and Iden introduced

House Bill No. 4943, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 19a.

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

Reps. Miller and Maturen introduced

House Bill No. 4944, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 653a (MCL 257.653a), as added by 2000 PA 458.

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

Rep. Miller introduced

House Bill No. 4945, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 657a (MCL 257.657a), as added by 2014 PA 491.

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

Rep. Miller introduced

House Bill No. 4946, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 64 (MCL 169.264), as amended by 1993 PA 262.

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

Rep. Miller introduced

House Bill No. 4947, entitled

A bill to amend 1971 PA 227, entitled “An act to prescribe the rights and duties of parties to home solicitation sales; to regulate certain telephone solicitation; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties and remedies,” by amending sections 1, 1a, 1b, 1c, 1d, and 1e (MCL 445.111, 445.111a, 445.111b, 445.111c, 445.111d, and 445.111e), section 1 as amended by 2009 PA 93, section 1a as amended and sections 1b, 1d, and 1e as added by 2002 PA 612, and section 1c as amended by 2006 PA 133.

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

Reps. Yaroch, Lucido, Canfield, Leutheuser, Schor, Moss, Zemke and Lasinski introduced

House Bill No. 4948, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 345, 349, 355, 370, 370a, 697, and 699 (MCL 168.345, 168.349, 168.355, 168.370, 168.370a, 168.697, and 168.699), section 349 as amended by 2012 PA 276, section 355 as amended by 2013 PA 51, sections 370 and 370a as amended by 2014 PA 94, and section 699 as amended by 2012 PA 523, and by adding sections 345a, 349b, 356a, and 357a.

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

Reps. Yaroch, Lucido, Brann, Leutheuser and Zemke introduced

House Bill No. 4949, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 44a (MCL 211.44a), as amended by 2012 PA 184.

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

Rep. Vaupel introduced

House Bill No. 4950, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 635 (MCL 206.635), as added by 2011 PA 38.

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

Reps. Cox, Lucido, Bizon, Santana, Durhal, Canfield, Yaroch, Yanez, Marino, Noble, Allor, Hughes, VerHeulen, Ellison and Love introduced

House Bill No. 4951, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 710d, 710e, and 907 (MCL 257.710d, 257.710e, and 257.907), section 710d as amended by 2009 PA 57, section 710e as amended by 2016 PA 460, and section 907 as amended by 2015 PA 126.

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

Rep. Hoitenga moved that the House adjourn.

The motion prevailed, the time being 2:30 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, September 14, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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