No. 67

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2016

House Chamber, Lansing, Wednesday, September 21, 2016.

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 Kosowski—present Pscholka—present

Banks—present Garrett—present LaFontaine—present Rendon—present

Barrett—present Gay-Dagnogo—present LaGrand—present Roberts, B.—present

Bizon—present Geiss—present Lane—present Roberts, S.—present

Brinks—present Glardon—present Lauwers—present Robinson—present

Brunner—present Glenn—present LaVoy—present Runestad—present

Bumstead—present Goike—present Leonard—present Rutledge—present

Byrd—present Graves—present Leutheuser—present Santana—present

Callton—present Greig—present Liberati—present Schor—present

Canfield—present Greimel—present Love—present Sheppard—present

Chang—present Guerra—present Lucido—present Singh—present

Chatfield—present Heise—present Lyons—present Smiley—present

Chirkun—present Hoadley—present Maturen—present Somerville—present

Clemente—present Hooker—present McBroom—present Talabi—present

Cochran—present Hovey-Wright—present McCready—present Tedder—present

Cole—present Howell—present Miller, A.—present Theis—present

Cotter—present Howrylak—present Moss—present Townsend—present

Cox—present Hughes—present Muxlow—present Vaupel—present

Crawford—present Iden—present Neeley—present VerHeulen—present

Darany—present Inman—present Nesbitt—present Victory—present

Dianda—present Irwin—present Outman—present Webber—present

Driskell—present Jacobsen—present Pagan—present Whiteford—present

Durhal—present Jenkins—present Pagel—present Wittenberg—present

Faris—present Johnson—present Phelps—present Yanez—present

Farrington—present Kelly—present Poleski—present Yonker—present

Forlini—present Kesto—present Potvin—present Zemke—present

Franz—present Kivela—present Price—present

e/d/s = entered during session

Pastor John Watson, Pastor of Standale Baptist Church in Grand Rapids, offered the following invocation:

“Our Gracious Heavenly Father,

We acknowledge this day of September 21, that You are the Creator, Sustainer, Redeemer, and the ultimate source of wisdom, justice, goodness, mercy, and truth. You are the only infallible source of all that we know concerning ourselves and this world in which You have placed us. You are the fountain from which all physical and spiritual life comes forth. We join with the Psalmist who declared ‘I will praise You, for I am fearfully and wonderfully made; marvelous are Your works, and that my soul knows very well’ (Psalm 139:14).

Our prayer is that Your guidance, strength and help will be known and felt by these honorable men and women that represent the good people of our marvelous state of Michigan.

• May they know, in Your providence, that You have conferred upon them the humbling task of representing and serving their constituents ‘for such a time as this’ (Esther 4:14).

• May they grow to depend upon that ‘wisdom which is from above’ that is ‘first pure, peaceable, gentle, willing to yield, full of mercy and good fruits, without partiality and without hypocrisy’ (James 3:17).

• May You, O Father, blend together their background of experiences, giftedness, and burdens to resolve important matters, to plan programs, and to pass laws which promote family, business, and local community values that would be according to Your will and pleasing in Your sight.

• May they exemplify the courage and zeal to deal with difficult issues that threaten the safety and wellbeing of all Michiganders against corruption, injustice, oppression, and violence.

• May these honorable representatives realize that church congregations all throughout this great state are interceding on their behalf with ‘supplications, prayers, intercessions, and giving of thanks’ (1 Timothy 2:1–2).

• May they remember the hopeful words of Moses which tell us that ‘the Lord, He is the One Who goes before you. He will be with you, He will not leave you nor forsake you; do not fear nor be dismayed’ (Deuteronomy 31:8).

Our Father, we humbly make these petitions to You, the one true God, that is sovereign over all the affairs of creation and redemptive history. It is You that can change hearts and bring to pass all that we ask in prayer ‘for of You and through You and to You are all things, to Whom be glory forever’ (Romans 11:36).

These requests, we humbly make in the name of Jesus Christ our Savior and Lord Who declared, ‘I am the Alpha and the Omega, the Beginning and the End,’ says the Lord, ‘Who is and Who was and Who is to come, the Almighty.’ Amen!”

Motions and Resolutions

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 338.

A resolution of tribute offered as a memorial for Julie Plawecki, member of the House of Representatives.

Whereas, It is with profound sadness that the members of this legislative body learned of the passing of Julie Plawecki. She was a model public servant who worked tirelessly for the people of the Eleventh District and the state of Michigan; and

Whereas, Julie Plawecki’s commitment to her community began long before she was elected to the House of Representatives. She earned a degree in medical technology from Oakland University and a teaching certification from the University of Michigan-Dearborn, finding her calling as a science, math, and religion teacher at the elementary and secondary levels and as a Science Olympiad coach. Her desire to help others made her an outstanding teacher and moved her to seek elected office in 2014; and

Whereas, Although Julie Plawecki served only two years in the House of Representatives, she made a significant impact on her colleagues, staff, and constituents. She was a member of the Energy Policy and Natural Resources committees, but her passion for a multitude of issues, such as education, the environment, renewable energy, children, seniors, veterans, and public health, was evident to everyone. Julie Plawecki’s devotion to educating children extended to those all around the state, and she especially enjoyed the opportunity to read to students within her district in celebration of March is Reading Month. She was known for being thoughtful, kind, and genuine, even sending personal thank you notes to show her appreciation; and

Whereas, Julie Plawecki was an extraordinary representative who earned the respect and admiration of her peers and constituents. Upon her passing, we offer our condolences to her family and friends. We hope that they may find comfort in the knowledge that the community as a whole shares in their bereavement and that the legacy of Julie Plawecki’s contributions will long continue to enrich our state; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Julie Plawecki, a member of this legislative body from 2015 to 2016; and be it further

Resolved, That copies of this resolution be transmitted to the Plawecki family as evidence of our lasting esteem for her memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

Reports of Standing Committees

The Committee on Appropriations, by Rep. Pscholka, Chair, reported

House Bill No. 5847, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 302, 352, 354, 355, 356, 358, and 367b (MCL 18.1302, 18.1352, 18.1354, 18.1355, 18.1356, 18.1358, and 18.1367b), sections 352, 354, 355, and 356 as amended by 1999 PA 8, section 358 as amended by 2014 PA 188, and section 367b as amended by 2011 PA 47; and to repeal acts and parts of acts.

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. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Garcia, Inman, Aaron Miller and Irwin

Nays: None

The Committee on Appropriations, by Rep. Pscholka, Chair, reported

Senate Concurrent Resolution No. 19.

A concurrent resolution to approve the release of money from the Roads Innovation Fund for deposit into the Michigan Transportation Fund, as provided by section 1j(5) of 1951 PA 51.

(For text of concurrent resolution, see House Journal No. 64, p. 1821.)

With the recommendation that the concurrent resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Garcia, Inman, Aaron Miller, Santana, Irwin, Sarah Roberts, Banks, Faris, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 21, 2016

Present: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Garcia, Inman, Aaron Miller, Santana, Irwin, Sarah Roberts, Banks, Faris, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan

The Committee on Families, Children, and Seniors, by Rep. Hooker, Chair, reported

House Resolution No. 327.

A resolution to encourage awareness and sensitivity to the concept of parental alienation.

(For text of resolution, see House Journal No. 64, p. 1810.)

With the recommendation that the resolution be adopted.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hooker, Runestad, Forlini, Crawford and Vaupel

Nays: Reps. Hovey-Wright, Talabi and Liberati

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hooker, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Wednesday, September 21, 2016

Present: Reps. Hooker, Runestad, Forlini, Crawford, Vaupel, Hovey-Wright, Talabi and Liberati

The Committee on Financial Services, by Rep. Forlini, Chair, reported

House Bill No. 5748, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5861 and 5863 (MCL 333.5861 and 333.5863), section 5863 as amended by 2015 PA 91.

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. Forlini, Callton, Goike, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 21, 2016

Present: Reps. Forlini, Callton, Goike, Graves, Lucido, Theis, Yanez, Clemente, Gay-Dagnogo and Love

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

Senate Bill No. 903, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 61703 and 61706 (MCL 324.61703 and 324.61706), as added by 1995 PA 57.

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. Nesbitt, Franz, Jacobsen, LaFontaine, McBroom, Outman, Hughes, Barrett, Cole, Maturen, Brett Roberts, Sheppard, Webber, LaVoy, Cochran, Kivela, Kosowski and Byrd

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 21, 2016

Present: Reps. Nesbitt, Glenn, Franz, Jacobsen, LaFontaine, McBroom, Outman, Hughes, Barrett, Cole, Lucido, Maturen, Brett Roberts, Sheppard, Webber, LaVoy, Cochran, Kivela, Kosowski and Byrd

Absent: Reps. Brunner, Lane, Dianda and Garrett

Excused: Reps. Brunner, Lane, Dianda and Garrett

The Committee on Financial Liability Reform, by Rep. Somerville, Chair, reported

House Bill No. 5806, 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.

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. Somerville, Leutheuser, Farrington, LaFontaine, Lyons, Poleski, Wittenberg, Byrd and Chirkun

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Somerville, Chair, of the Committee on Financial Liability Reform, was received and read:

Meeting held on: Wednesday, September 21, 2016

Present: Reps. Somerville, Leutheuser, Farrington, LaFontaine, Lyons, Poleski, Wittenberg, Byrd and Chirkun

The Committee on Agriculture, by Rep. Lauwers, Chair, reported

House Bill No. 5025, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 303 (MCL 436.1303).

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. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Brett Roberts, Sheppard, Vaupel, Whiteford, Brunner, Darany, Driskell and LaVoy

Nays: None

The Committee on Agriculture, by Rep. Lauwers, Chair, reported

House Bill No. 5889, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2012 PA 126.

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. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Brett Roberts, Sheppard, Vaupel, Whiteford, Brunner, Darany, Talabi, Driskell and LaVoy

Nays: None

The Committee on Agriculture, by Rep. Lauwers, Chair, reported

House Bill No. 5890, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2012 PA 474.

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. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Brett Roberts, Sheppard, Vaupel, Whiteford, Brunner, Darany, Talabi, Driskell and LaVoy

Nays: None

The Committee on Agriculture, by Rep. Lauwers, Chair, reported

Senate Bill No. 671, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 303 and 543 (MCL 436.1303 and 436.1543), section 543 as amended by 2010 PA 213.

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. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Brett Roberts, Sheppard, Vaupel, Whiteford, Brunner, Darany, Driskell and LaVoy

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 21, 2016

Present: Reps. Lauwers, Cole, Franz, Glardon, Johnson, Outman, Rendon, Brett Roberts, Sheppard, Vaupel, Whiteford, Brunner, Darany, Talabi, Driskell and LaVoy

Absent: Rep. Garrett

Excused: Rep. Garrett

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

Senate Bill No. 981, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2014 PA 353.

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. Franz, Brett Roberts, Yonker, Kesto, Lauwers, Crawford, Garcia, Iden, Howell, Dianda, Darany, Lane, Schor, Chirkun and Moss

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 21, 2016

Present: Reps. Franz, Brett Roberts, Yonker, Kesto, Lauwers, Crawford, Garcia, Iden, Howell, Dianda, Darany, Lane, Schor, Chirkun and Moss

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 21, 2016

Present: Reps. Lyons, Leutheuser, Heise, Jacobsen, Kesto, Driskell, Irwin and Hoadley

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. McBroom, Chair, of the Committee on Oversight and Ethics, was received and read:

Meeting held on: Wednesday, September 21, 2016

Present: Reps. McBroom, Howrylak, Theis and Pagan

Absent: Reps. Graves and Robinson

Excused: Reps. Graves and Robinson

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 21, 2016

Present: Reps. Farrington, Maturen, Somerville, Yonker, Howrylak, Chatfield, Glenn, Iden, Webber, Clemente, LaVoy and Byrd

Absent: Rep. Townsend

Excused: Rep. Townsend

Announcements by the Clerk

September 20, 2016

Received from the Auditor General a copy of the:

• Performance audit report on the Use of Transportation-Related Funding, September 2016.

Gary L. Randall

Clerk of the House

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Aaron Miller, Barrett, Canfield, Faris, Hoadley, LaVoy, Poleski and Whiteford offered the following resolution:

House Resolution No. 339.

A resolution to commemorate the 25th anniversary of the opening of the Michigan State Police Hazardous Materials Training Center.

Whereas, The Michigan State Police’s Hazardous Materials Training Center was dedicated by Governor John Engler on September 26, 1991. This four-acre facility was constructed at the state’s secondary complex in Lansing entirely with support from private industry donations that totaled more than $350,000. Many Michigan industries, including the state’s chemical, railroad, petroleum, asphalt paving, manufacturing, propane, and trucking sectors, collaborated to develop this center; and

Whereas, Hazardous material specialists from founding companies still provide instruction at the facility. This center, since operated by the Michigan State Police and now known as the Emergency Management and Homeland Security Training Center, was the first public training center of its kind in the United States and remains a national leader in hazardous material emergency training; and

Whereas, This center has provided comprehensive training to approximately 2,000 individuals each year, including individuals from the public and private sectors, from every county in Michigan, and from across the United States and as far away as Brazil, South Africa, and Australia. The curriculum utilizes hands-on training and simulation aids such as railroad cars, highway tank trailers, above/below ground storage tanks, confined spaces, and personal protection clothing and equipment to provide a realistic training environment. This effort represents a true example of private-public partnership with a collaborative- and objective-based training approach. The project continues to serve the people of Michigan by ensuring that our state’s emergency responders have an effective training and exercise program; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 25th anniversary of the opening of the Michigan State Police Hazardous Materials Training Center. We recognize the efforts of partners in government, industry, and Michigan communities to develop this unique entity and to continue its work.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Leonard, Barrett, Canfield, Faris, Heise, Hoadley, Lauwers, LaVoy, Poleski, Webber and Whiteford offered the following resolution:

House Resolution No. 340.

A resolution to declare September 2016 as Life Insurance Awareness Month in the state of Michigan.

Whereas, Life insurance is critically important in protecting ourselves and the people we love; and

Whereas, Every year, the insurance industry provides tremendous financial relief and security to families who have experienced the loss of a loved one; and

Whereas, Despite its vast importance, many people do not have life insurance coverage; and

Whereas, Life insurance is critically important in providing peace of mind for those affected by the loss of a loved one; and

Whereas, September 2016 has been designated as the month to generate awareness of life insurance and encourage those who are not insured to consult a qualified insurance professional and take the actions required to provide a financially secure future for their families and loved ones; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 2016 as Life Insurance Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. LaVoy, LaFontaine, Robinson, Geiss, Dianda, Driskell, Gay-Dagnogo, Banks, Yanez, Chirkun, Greig, Cochran, Faris, Lane, Liberati, Darany, Lucido, Pscholka, VerHeulen, Franz, Clemente, Guerra, Singh, Maturen, Kivela, Heise, Vaupel, Canfield, Kelly, Potvin, Love, Brinks, Wittenberg, Jenkins, Sheppard, Hughes, Aaron Miller, Leutheuser, Kosowski, Glardon, Runestad, Lauwers, Hoadley, Sarah Roberts and Whiteford offered the following resolution:

House Resolution No. 341.

A resolution to declare September 26-October 2, 2016, as French-Canadian Heritage Week in the state of Michigan.

Whereas, The origins of French Canadian culture in the Great Lakes can be traced to the earliest days of the 17th century; and

Whereas, Explorers, missionaries, voyageurs, and indigenous peoples in the Great Lakes encountered each other in numerous, transformative ways from this era onward; and

Whereas, The Fur Trade engendered extensive cultural miscegenation between Indigenous peoples and French-Canadians, creating new cultural forms and understanding; and

Whereas, Trapping, farming, commercial fishing, lumber, and new industries provided economic opportunities for French Canadians from the 17th through the 20th centuries; and

Whereas, Leaders such as Magdelaine LaFramboise (Mackinac Island, Métisse fur trader), Joseph Labadie (Paw Paw, publisher, poet, activist), Joseph Grégoire (Lake Linden, “Father of the French Canadians”), Louis Campau (Saginaw and Grand Rapids founder), Marie Caroline Hamlin (Detroit folklorist and cultural advocate), and Jean Baptiste Réaume (River Raisin), are emblematic of successful French-Canadian and French Métis men and women whose legacies continue to shape how we understand our history today; and

Whereas, Cultural institutions and businesses across Michigan continue to draw on French-Canadian culture for programming, cross-cultural understanding, and international trade and entertainment opportunities; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 26-October 2, 2016, as French-Canadian Heritage Week in the state of Michigan; and be it further

Resolved, That members of the House of Representatives join all of those of French-Canadian ancestry in celebrating their heritage and contributions to the state of Michigan from September 26-October 2, 2016.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Nesbitt, Barrett, Canfield, Crawford, Faris, Heise, Hoadley, Lauwers, LaVoy, Poleski, Webber and Whiteford offered the following resolution:

House Resolution No. 342.

A resolution to declare October 17-21, 2016, as Careers in Energy Week in the state of Michigan.

Whereas, Access to affordable, reliable energy is fundamental to the lives of all Michigan residents and crucial to businesses; and

Whereas, Michigan’s energy workforce is collectively one of the state’s largest employers and currently boasts more than 97,000 jobs with this total projected to increase by 9.4 percent; and

Whereas, Approximately 50 percent of workers in Michigan’s utility sector are expected to retire from the industry over the next five to seven years, underscoring a vital need to increase STEM and skilled trade training so more employees can be brought into the workforce pipeline; and

Whereas, As Michigan’s economy continues to grow and become more competitive, our energy sector is transforming energy generation to cleaner, greener generation technologies and infrastructure as older facilities are retired over the next ten years; and

Whereas, The Michigan Energy Workforce Development Consortium (MEWDC) is a coalition of more than 50 representatives of industry, education, workforce, labor, and veterans dedicated to identifying and acting on current and future workforce issues that are crucial to building and sustaining Michigan’s energy industry; and

Whereas, MEWDC has partnered nationally with the U.S. Chamber of Commerce Foundation and the Center for Energy Workforce Development to implement talent development strategies for employment opportunities in Michigan’s energy industry; and

Whereas, The MEWDC recently collaborated with the Michigan Department of Education to create the 17th “career cluster” that provides a roadmap for high school, career/technical education, and community college students to pursue jobs in the often less visible energy sector by offering a path to study traditional academics while leveraging specific energy career skills. As a result MEWDC members will now have an enhanced year-round presence in schools and on college and university campuses with a focus on hiring Michigan students, in addition to offering over 900 industry internship and co-op opportunities in 2015 for students and honorably discharged veterans; and

Whereas, During the week of October 17-21, the MEWDC will focus on energy career awareness through Jobs for Michigan’s Graduates student tours at Consumers Energy, DTE Energy, and Lansing Board of Water and Light technical training sites, a middle school-focused energy fair hosted by the American Petroleum Institute in southeast Michigan, as well as social, print, and broadcast media exposure about the many benefits of energy careers; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 17-21, 2016, as Careers in Energy Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Lauwers, Canfield, Cochran, Crawford, Driskell, Faris, Heise, Hoadley, LaVoy, Poleski and Whiteford offered the following resolution:

House Resolution No. 343.

A resolution to commemorate the 100th anniversary of the establishment of the Farm Credit System.

Whereas, On July 17, 1916, President Woodrow Wilson signed into law the Federal Farm Loan Act (39 Stat. 360, chapter 245), which established the Farm Credit System; and

Whereas, Agriculture’s impact on the lives of people throughout the world cannot be overstated, influencing more than simply what consumers eat for dinner, such as clothing and materials used at work and school; and

Whereas, The agriculture industry contributes $101.2 billion annually to the state’s economy, with 52,194 farms employing 923,000 people across Michigan; and

Whereas, The Farm Credit System plays an important role in the success of Michigan agriculture and economic vibrancy of rural communities throughout the state. It supports rural communities and agriculture with reliable, consistent credit and financial services, helping these areas grow and thrive by financing vital infrastructure and communication services, and providing farmers with the capital they need to make their businesses successful; and

Whereas, GreenStone Farm Credit Services, organized as a farmer owned credit cooperative, is the largest agricultural lender in Michigan, with 31 of its 36 branches located within the state. With nearly 24,000 members and managing nearly $8 billion in assets, Greenstone Farm Credit Services is an important part of the national Farm Credit System; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 100th anniversary of the establishment of the Farm Credit System. We recognize its contribution to agriculture and rural communities in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Farm Credit System, GreenStone Farm Credit Services, the United States Farm Credit Administration, the United States Department of Agriculture, and the Michigan Department of Agriculture and Rural Development as evidence of our highest esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

House Bill No. 5591, entitled

A bill to amend 2000 PA 305, entitled “Uniform electronic transactions act,” (MCL 450.831 to 450.849) by adding section 5a.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Forlini moved to amend the bill as follows:

1. Amend page 1, line 1, after “THAN” by striking out “7,500” and inserting “250”.

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. 461 Yeas—101

Afendoulis Franz LaFontaine Price

Banks Garcia LaGrand Pscholka

Barrett Gay-Dagnogo Lane Rendon

Bizon Glardon Lauwers Roberts, B.

Brinks Glenn LaVoy Roberts, S.

Brunner Goike Leonard Robinson

Bumstead Graves Leutheuser Runestad

Byrd Greig Liberati Rutledge

Callton Greimel Love Santana

Canfield Guerra Lucido Schor

Chang Heise Lyons Sheppard

Chatfield Hoadley Maturen Smiley

Chirkun Hooker McBroom Somerville

Clemente Hovey-Wright McCready Talabi

Cochran Howell Miller, A. Tedder

Cole Hughes Moss Theis

Cotter Iden Muxlow Vaupel

Cox Inman Neeley VerHeulen

Crawford Jacobsen Nesbitt Victory

Darany Jenkins Outman Webber

Dianda Johnson Pagan Whiteford

Driskell Kelly Pagel Wittenberg

Durhal Kesto Phelps Yanez

Faris Kivela Poleski Yonker

Farrington Kosowski Potvin Zemke

Forlini

Nays—6

Garrett Howrylak Singh Townsend

Geiss Irwin

In The Chair: Cotter

The House agreed to the title of the bill.

Rep. Nesbitt moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

By unanimous consent the House returned to the order of

Reports of Select Committees

The Speaker laid before the House the conference report relative to

House Bill No. 4822, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280f.

(The conference report was reported by the conference committee on September 20.)

(For conference report, see House Journal No. 66, p. 1855.)

The question being on the adoption of the conference report,

The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 462 Yeas—60

Afendoulis Glardon LaFontaine Pscholka

Barrett Glenn Lauwers Rendon

Bizon Graves Leonard Roberts, B.

Brinks Heise Leutheuser Runestad

Callton Howell Lucido Santana

Canfield Howrylak Lyons Sheppard

Chatfield Hughes Maturen Somerville

Cole Iden McCready Tedder

Cotter Inman Miller, A. Theis

Cox Jacobsen Nesbitt Vaupel

Crawford Jenkins Outman VerHeulen

Farrington Johnson Pagel Victory

Forlini Kelly Poleski Webber

Franz Kesto Potvin Whiteford

Garcia Kosowski Price Yonker

Nays—47

Banks Faris Kivela Roberts, S.

Brunner Garrett LaGrand Robinson

Bumstead Gay-Dagnogo Lane Rutledge

Byrd Geiss LaVoy Schor

Chang Goike Liberati Singh

Chirkun Greig Love Smiley

Clemente Greimel McBroom Talabi

Cochran Guerra Moss Townsend

Darany Hoadley Muxlow Wittenberg

Dianda Hooker Neeley Yanez

Driskell Hovey-Wright Pagan Zemke

Durhal Irwin Phelps

In The Chair: Cotter

______

Rep. Greimel, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

Any law is only as good as the ability to enforce it. Unfortunately, a recent Michigan Supreme Court decision has made clear that House Bill 4822, as written, is not enforceable. On September 23, 2015, after HB 4822 was introduced, the Michigan Supreme Court denied leave to appeal the Michigan Court of Appeals’ decision in SS Next Friend, et al v State of Michigan, et al. The effect of the Supreme Court’s decision is that no parent, student, or other citizen can bring a lawsuit to enforce the state’s obligation to provide early intervention to help struggling students read unless a statute specifically provides that such a private cause of action may be brought. We pushed to include such a private cause of action in HB 4822. Unfortunately, the majority party rejected such an amendment. Without such a private right of action in HB 4822, it is unenforceable. I cannot in good conscience support the bill when it provides only an illusion of ensuring that kids receive the support they need to learn to read.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

House Bill No. 5572, entitled

A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending section 154 (MCL 207.1154), as amended by 2015 PA 176.

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

Roll Call No. 463 Yeas—102

Afendoulis Garcia Kosowski Pscholka

Banks Garrett LaFontaine Rendon

Barrett Gay-Dagnogo LaGrand Roberts, S.

Bizon Geiss Lane Robinson

Brinks Glardon Lauwers Runestad

Brunner Glenn LaVoy Rutledge

Bumstead Goike Leonard Santana

Byrd Graves Leutheuser Schor

Callton Greig Liberati Sheppard

Canfield Greimel Love Singh

Chang Guerra Lyons Smiley

Chatfield Heise McBroom Somerville

Chirkun Hoadley McCready Talabi

Clemente Hooker Miller, A. Tedder

Cochran Hovey-Wright Moss Theis

Cole Howell Muxlow Townsend

Cotter Hughes Neeley Vaupel

Cox Iden Nesbitt VerHeulen

Crawford Inman Outman Victory

Darany Irwin Pagan Webber

Dianda Jacobsen Pagel Whiteford

Driskell Jenkins Phelps Wittenberg

Durhal Johnson Poleski Yanez

Faris Kelly Potvin Yonker

Forlini Kesto Price Zemke

Franz Kivela

Nays—5

Farrington Lucido Maturen Roberts, B.

Howrylak

In The Chair: Leonard

The House agreed to the title of the bill.

Rep. Nesbitt moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Nesbitt moved that Rep. Pagel be excused temporarily from today’s session.

The motion prevailed.

House Bill No. 5469, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding part 2.

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

Roll Call No. 464 Yeas—100

Afendoulis Franz Kivela Pscholka

Banks Garcia Kosowski Rendon

Barrett Garrett LaFontaine Roberts, B.

Bizon Gay-Dagnogo LaGrand Roberts, S.

Brinks Geiss Lane Robinson

Brunner Glardon Lauwers Runestad

Byrd Glenn LaVoy Rutledge

Callton Goike Leonard Santana

Canfield Graves Leutheuser Schor

Chang Greig Liberati Sheppard

Chatfield Greimel Love Singh

Chirkun Guerra Lucido Smiley

Clemente Heise Lyons Somerville

Cochran Hoadley Maturen Talabi

Cole Hooker McBroom Tedder

Cotter Hovey-Wright McCready Theis

Cox Howell Miller, A. Townsend

Crawford Howrylak Moss Vaupel

Darany Hughes Muxlow VerHeulen

Dianda Iden Neeley Victory

Driskell Inman Nesbitt Webber

Durhal Irwin Outman Whiteford

Faris Jenkins Pagan Wittenberg

Farrington Johnson Phelps Yanez

Forlini Kesto Price Zemke

Nays—6

Bumstead Kelly Potvin Yonker

Jacobsen Poleski

In The Chair: Leonard

The House agreed to the title of the bill.

Rep. Nesbitt moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Poleski, having reserved the right to explain his protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Thank you for the opportunity to explain my no vote on the LORA/FOIA package of bills, House Bills 5469 through 5478.

In my view, the package is a set of straw men, stood up to satisfy the public’s desire for greater governmental transparency. As a practical matter, the exemptions in the bills would block substantial additional transparency. The public would be frustrated, and grow even more cynical about government, when they attempt to discover information that would likely be exempt from disclosure.

As to those who would use state-provided equipment and official e-mail addresses to correspond, I submit that the exchange of ideas would be substantially sanitized, and therefore useless. Just as term limits impair the power of the people in the persons of their Representatives, this package would hamstring the frank and necessary exchange of ideas by the legislature and the executive office.

Those who would be subject to the bills would likely use non-state equipment and personal e-mail addresses in order to protect sensitive correspondence. As records not in the custody of the ‘public body’, they would be exempt from disclosure. How does that contribute to transparency?

We Americans vehemently decry Hillary Clinton’s use of a private server. How ironic that we would propose a package of bills that would encourage similar activities by Michigan’s lawmakers.

Let me say that I have no hesitation to disclose anything related to my office, its conduct, or my correspondence if requested, so long as constituents’ privacies are protected.

I think it is unlikely that the Senate will take up this package. It appears to me to be an election year gimmick.

Thank you, Mr. Speaker, for this opportunity to explain my no vote.”

House Bill No. 5470, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 54.

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

Roll Call No. 465 Yeas—100