No. 57
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
99th Legislature
REGULAR SESSION OF 2017
House Chamber, Lansing, Wednesday, June 14, 2017.
10:00 a.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—excused Kosowski—present Roberts—present
Allor—excused Gay-Dagnogo—present LaFave—present Robinson—excused
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—excused 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
Deacon Jim Damitio, Permanent Deacon of Sacred Heart Parish in Mount Pleasant, offered the following invocation:
“Almighty and Eternal God, we are truly grateful for the natural resources we enjoy in this the beautiful state of Michigan with its forests, farms, lakes and streams. We ask that You will bless the citizens of our state and the legislators gathered here in this our House of Representatives.
Endow those who serve here with the age-old cardinal virtues of prudence, justice, fortitude and temperance, as they formulate laws for the betterment of our great state. May they work with the same diligence and selflessness that the founding fathers of our great nation did when they created the greatest republic in the history of the world.
Finally we ask that these Representatives legislate wisely so that the citizens of the state of Michigan may continue to enjoy that which You our Creator intended for us, namely the unbought grace of life!
In His great name we pray, Amen.”
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The Speaker called the Speaker Pro Tempore to the Chair.
______
Rep. Greig moved that Reps. Garrett and Robinson be excused from today’s session.
The motion prevailed.
Rep. Lauwers moved that Reps. Maturen and Allor be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Lucido, Elder, Ellison, Hughes, Rabhi, Rendon, Schor and Sneller offered the following resolution:
House Resolution No. 124.
A resolution to declare July 2017 as Michigan Music Month in the state of Michigan.
Whereas, The state of Michigan has a rich history of producing influential music; and
Whereas, The city of Detroit has been one of the most influential cities in music for the last half-century; and
Whereas, The state of Michigan has produced an artist who topped the Billboard charts each year for more than 50 years; and
Whereas, The state of Michigan was the home of three major music innovations, early punk rock, Motown/soul, and techno music; and
Whereas, The Motown sound defined a city and a generation; and
Whereas, Detroit is home to several internationally recognized music festivals such as the Electronic Music Festival and the Jazz Festival; and
Whereas, The importance of recognizing Michigan’s contributions to the music of the world is increasingly necessary; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare July 2017 as Michigan Music Month in the state of Michigan; and be it further
Resolved, That we recognize musicians and artists of all kinds who have contributed to the unique sounds of Michigan music; and be it further
Resolved, That copies of this resolution shall be transmitted to the members of the Michigan congressional delegation, the Governor of Michigan, and the Secretary of the Michigan Senate.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Moss, Zemke, Greig, Faris, Wittenberg, Pagan, Hertel, Elder, Ellison, Rabhi, Sabo, Schor and Sneller offered the following resolution:
House Resolution No. 125.
A resolution to urge the U.S. Congress to propose, pass, and send to the states for ratification a constitutional amendment clarifying that free speech rights are held by natural persons, not corporate entities, and guaranteeing that the U.S. Congress and state legislatures may regulate all moneys raised and spent for political purposes.
Whereas, Free and fair elections are a cornerstone of democratic government that is “of the people, by the people, and for the people”; and
Whereas, The U.S. Congress and state legislatures have long regulated political contributions and expenditures. In accord with our country’s values, campaign laws can help to promote fair play and even the playing field, regardless of wealth; and
Whereas, In 2010, the U.S. Supreme Court issued its closely contested 5-4 decision on Citizens United v. Federal Election Commission, ruling that the U.S. Congress and the states lack the constitutional right to ban independent corporate and union expenditures to political campaigns. The Citizens United decision also relied on a previous Supreme Court decision from 1976, Buckley v. Valeo, which likened political campaign spending to speech. Moreover, since the Citizens United case, other Supreme Court rulings have further eroded barriers to money in elections; and
Whereas, Decisions made in a representative government should emanate from the people’s will and not be unduly influenced by special interests with vast resources. The Citizens United decision, permitting corporate, union, and other legal entities to spend on political campaigns without limits, is corrosive to democracy and may breed corruption; and
Whereas, Free speech is a constitutional right held by natural persons that should not extend to corporations, unions, or other legal entities, as was done in the Citizens United decision. These legal entities established under the law make important contributions to our society, but it is wrong to equate them with natural persons who enjoy the same speech rights; and
Whereas, The Citizens United decision and other court decisions that have greatly expanded the role of money in elections and curtailed reasonable regulations should be overturned; now, therefore, be it
Resolved by the House of Representatives, That we urge the U.S. Congress to propose, pass, and send to the states for ratification a constitutional amendment clarifying that free speech rights are held by natural persons, not corporate entities, and guaranteeing that the U.S. Congress and state legislatures may regulate all moneys raised and spent for political purposes; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Elections and Ethics.
Reps. Howrylak, Greimel, Brann, Lucido, Elder, Ellison, Hughes and Sneller offered the following resolution:
House Resolution No. 126.
A resolution to declare August 19, 2017, as International Homeless Animals Day in the state of Michigan.
Whereas, Governor Rick Snyder declared July 8, 2016, as Pet Adoption Awareness Day; and
Whereas, Each year, 7.6 million companion animals enter shelters in the United States and 2.7 million shelter animals are euthanized each year; and
Whereas, Only 35 percent of dogs and 37 percent of cats in shelters get adopted; and
Whereas, The 2014 Michigan Shelter Survey reports that, approximately 24 percent of the animals that enter a shelter in the state are euthanized; and
Whereas, In light of this dismal statistic, there is a need to increase public awareness about the benefits of pet adoption. Pet adoption helps individuals find a truly loving companion, while providing a shelter animal a much needed forever home; and
Whereas, In 2016, the Michigan Humane Society saved the lives of more than 11,200 animals; and
Whereas, Animal shelters are always in need of donations and volunteers. These organizations would cease to function without donations and volunteers from the community; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare August 19, 2017, as International Homeless Animals Day in the state of Michigan.
We recognize the immense benefits of pet adoption and the positive impact this practice makes in communities across the state.
The question being on the adoption of the resolution,
Rep. Howrylak moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution No. 126.
A resolution to declare August 19, 2017, as International Homeless Animals Day in the state of Michigan.
Whereas, Governor Rick Snyder declared July 8, 2016, as Pet Adoption Awareness Day; and
Whereas, Each year, 6.5 million companion animals enter shelters in the United States and 1.5 million shelter animals are euthanized each year; and
Whereas, Only 35 percent of dogs and 37 percent of cats in shelters get adopted; and
Whereas, The 2014 Michigan Shelter Survey reports that, approximately 24 percent of the animals that enter a shelter in the state are euthanized; and
Whereas, In light of this dismal statistic, there is a need to increase public awareness about the benefits of pet adoption. Pet adoption helps individuals find a truly loving companion, while providing a shelter animal a much needed forever home; and
Whereas, In 2016, the Michigan Humane Society saved the lives of more than 11,200 animals; and
Whereas, Animal shelters are always in need of donations and volunteers. These organizations would cease to function without donations and volunteers from the community; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare August 19, 2017, as International Homeless Animals Day in the state of Michigan. We recognize the immense benefits of pet adoption and the positive impact this practice makes in communities across the state.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Farrington, Crawford, Elder, Ellison, Hughes, Rabhi, Rendon, Sabo, Schor and Sneller offered the following resolution:
House Resolution No. 127.
A resolution to declare July 2017 as Craft Beer Month in the state of Michigan.
Whereas, Michigan craft brewers are a vibrant affirmation and expression of Michigan’s entrepreneurial traditions, operating as community-based small businesses and providing employment for more than 5,000 workers; and
Whereas, Michigan has craft brewers in every region of the state and more than 220 craft brewers statewide; and
Whereas, Michigan ranks sixth in the nation for overall number of breweries, microbreweries, and brewpubs; and
Whereas, The Michigan Brewers Guild celebrates Michigan Craft Beer Month each year by hosting a Summer Festival in July; and
Whereas, Craft brewers in Michigan support state agriculture by purchasing hops, malted barley, wheat, beet sugar, cherries, apples, and numerous other fruits, herbs, and vegetables grown in Michigan; and
Whereas, Michigan craft brewers promote Michigan’s spirit of independence through a renaissance in handcrafted beers like those first brought to Michigan by European settlers and produced here by our forefathers, including Bernhard Stroh, for the enjoyment of the citizenry; and
Whereas, Striving to educate legal drinking-age residents, Michigan craft brewers convey awareness about the differences in beer flavor, aroma, color, alcohol content, body, and other complex variables, beer history, and gastronomic qualities of beer; and
Whereas, Michigan craft brewers champion the message of responsible enjoyment to their customers and work within their communities to prevent alcohol abuse and underage drinking; and
Whereas, Craft brewers in Michigan produce more than 100 distinct styles of flavorful beers, the quality and diversity of which have made Michigan the envy of many states, contributing to balanced trade with increased Michigan exports and promoting Michigan tourism; and
Whereas, Michigan craft brewers have been a successful business model by contributing more than $144 million in wages with a total economic contribution of more than $600 million, thriving and expanding in furthering their economic importance to the state; and
Whereas, Michigan craft brewers are vested in the future, health, and welfare of their communities as employers providing a diverse array of quality local jobs, as contributors to the local tax base, and as committed sponsors of a broad range of vital community institutions and philanthropic causes, including not-for-profit housing development associations, chambers of commerce, humane societies, athletic teams, and medical research; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare July 2017 as Craft Beer Month in the state of Michigan. We recognize the contributions that Michigan craft brewers have made to the state’s communities, economy, and history; and be it further
Resolved, That we commend Michigan craft brewers for providing jobs, improving the balance of trade, supporting Michigan agriculture, and educating residents about the history and culture of beer while promoting the responsible consumption of beer as a beverage of moderation.
The question being on the adoption of the resolution,
The resolution was adopted.
Second Reading of Bills
Senate Bill No. 76, entitled
A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2017; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Appropriations,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Cox moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4584, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5822.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Schor moved to amend the bill as follows:
1. Amend page 2, following line 14, by inserting:
“(C) IT IS HIGHLY RECOMMENDED THAT A PERSON WHO HAS RECEIVED A POSITIVE TEST RESULT FROM A TEST FOR SPINA BIFIDA TAKE ANOTHER TEST TO CONFIRM THAT THE PERSON DID NOT RECEIVE A FALSE POSITIVE TEST RESULT.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Hammoud moved to amend the bill as follows:
1. Amend page 2, line 18, after “WEBSITE.” by inserting “IF NEW INFORMATION ON SPINA BIFIDA BECOMES AVAILABLE, THE DEPARTMENT SHALL UPDATE THE DEPARTMENT’S WEBSITE WITHIN 90 DAYS AFTER THE DEPARTMENT BECOMES AWARE OF THE NEW INFORMATION.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Brinks moved to amend the bill as follows:
1. Amend page 2, line 18, after “WEBSITE.” by inserting “THE DEPARTMENT SHALL ALSO POST ON ITS WEBSITE INFORMATION ON ALL AVAILABLE OPTIONS FOR A PARENT WHO RECEIVES A PRENATAL OR POSTNATAL CONFIRMED DIAGNOSIS OF SPINA BIFIDA.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Vaupel moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4505, entitled
A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending section 5a (MCL 18.355a), as added by 2008 PA 391.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Families, Children, and Seniors,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Farrington moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4506, entitled
A bill to amend 2008 PA 546, entitled “Sexual assault victims’ medical forensic intervention and treatment act,” by amending section 5 (MCL 400.1535).
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.
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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
Motions and Resolutions
Rep. Lauwers moved that when the House adjourns today it stand adjourned until Thursday, June 15, at 10:00 a.m.
The motion prevailed.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 13, for his approval of the following bills:
Enrolled House Bill No. 4532 at 12:02 p.m.
Enrolled House Bill No. 4211 at 12:04 p.m.
The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, June 13:
House Bill Nos. 4744 4745 4746 4747 4748 4749 4750 4751 4752 4753 4754
Reports of Standing Committees
The Committee on Military and Veterans Affairs, by Rep. Wentworth, Chair, reported
House Resolution No. 79.
A resolution to condemn the horrific treatment of gay men in Chechnya and to call upon the President and Congress of the United States to take action without further delay.
(For text of resolution, see House Journal No. 41, p. 517.)
With the recommendation that the following substitute (H-3) be adopted and that the resolution then be adopted.
Substitute for House Resolution No. 79.
A resolution to support and encourage the International Criminal Court to conduct an independent investigation into the alleged human rights violations occurring in the Chechen Republic of Russia.
Whereas, A formal complaint has been filed with the International Criminal Court alleging horrific harms inflicted on gay men in the Chechen Republic of Russia. The complaint cites abuses stemming from both governmental actions as well as so-called “honor killings” by members of the men’s own families; and
Whereas, The Chechen Republic of Russia has denied that any abuses have occurred, and have further denied that gay men exist within the Chechen Republic. Russia has begun an internal investigation into the alleged abuses; and
Whereas, Every human being has the right to life and to be free from bodily integrity abuses by their government. These basic human rights include the right to be free from torture and other forms of cruel and unusual punishment; and
Whereas, The International Criminal Court should not stand idly by if severe violations of basic human rights have in fact occurred against residents of one of its member nations. The International Criminal Court has the authority to open an official investigation into the alleged violations occurring in the Chechen Republic of Russia; now, therefore, be it
Resolved by the House of Representatives, That we support and encourage the International Criminal Court to conduct an independent investigation into the human rights violations allegedly occurring in the Chechen Republic of Russia; and be it further
Resolved, That copies of this resolution be transmitted to the President of the International Criminal Court, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
Favorable Roll Call
To Report Out:
Yeas: Reps. Wentworth, Graves, Hughes, Barrett, Glenn, Albert, Hoitenga, Johnson, Sabo, Brinks, Byrd, Elder and Jones
Nays: None
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, June 13, 2017
Present: Reps. Wentworth, Graves, Hughes, Barrett, Glenn, Albert, Hoitenga, Johnson, Sabo, Brinks, Byrd, Elder and Jones
The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported
House Bill No. 4127, entitled
A bill to amend 1997 PA 55, entitled “Electric patrol vehicle act,” by amending sections 2, 4, 5, and 6 (MCL 257.1572, 257.1574, 257.1575, and 257.1576).
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. Cole, Webber, Lucido, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported
House Bill No. 4319, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803f (MCL 257.803f), as amended by 1998 PA 68.
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. Cole, Webber, Lucido, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported
House Bill No. 4628, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 10a.
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. Cole, Webber, Lucido, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported
House Bill No. 4644, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 725 (MCL 257.725), as amended by 2016 PA 454.
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, 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, June 13, 2017
Present: Reps. Cole, Webber, Lucido, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller
Absent: Rep. Maturen
Excused: Rep. Maturen
The Committee on Agriculture, by Rep. Barrett, Chair, reported
House Bill No. 4438, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11701 and 11718 (MCL 324.11701 and 324.11718), section 11701 as amended by 2016 PA 294 and section 11718 as amended by 2004 PA 381, and by adding section 11721.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 7, line 9, after “DEVELOPMENT” by striking out “MAY” and inserting “SHALL”.
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Barrett, Alexander, Lauwers, Howell, Albert, Calley, Elder, Brinks, Sabo and Sneller
Nays: Rep. Frederick
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Barrett, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Wednesday, June 14, 2017
Present: Reps. Barrett, Alexander, Lauwers, Howell, Albert, Calley, Frederick, Elder, Brinks, Sabo and Sneller
Absent: Rep. Phelps
Excused: Rep. Phelps
The Committee on Health Policy, by Rep. Vaupel, Chair, reported
House Bill No. 4170, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20919 (MCL 333.20919), as amended by 2014 PA 312, and by adding part 56B and section 20192a.
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. Vaupel, Tedder, Graves, Garcia, Sheppard, Calley, Farrington, Hauck, Hornberger, Kahle, Noble, Brinks, Schor, Neeley, Hammoud and Hertel
Nays: None
The Committee on Health Policy, by Rep. Vaupel, Chair, reported
House Bill No. 4171, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1106, 5303, 5305, and 5314 (MCL 700.1106, 700.5303, 700.5305, and 700.5314), section 1106 as amended by 2009 PA 46 and sections 5303, 5305, and 5314 as amended by 2013 PA 157.
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
The Committee on Health Policy, by Rep. Vaupel, Chair, reported
House Bill No. 4173, entitled
A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending sections 6 and 26a (MCL 400.706 and 400.726a), section 6 as amended by 1998 PA 442 and section 26a as added by 1996 PA 194, and by adding section 26c.
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
The Committee on Health Policy, by Rep. Vaupel, Chair, reported
House Bill No. 4174, entitled
A bill to amend 1996 PA 193, entitled “Michigan do-not-resuscitate procedure act,” by amending section 11 (MCL 333.1061), as amended by 2013 PA 155, and by adding section 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. 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, June 14, 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 Regulatory Reform, by Rep. Iden, Chair, reported
House Bill No. 4667, 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-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. Iden, Bellino, Crawford, Leutheuser, Theis, Webber, Griffin, Hauck, Hoitenga, Moss, Dianda, Chirkun, Liberati, Love and Jones
Nays: None
The Committee on Regulatory Reform, by Rep. Iden, Chair, reported
House Bill No. 4668, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 221 and 543 (MCL 436.1221 and 436.1543), section 543 as amended by 2016 PA 434.
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, Moss, Dianda, Chirkun, Liberati, Love 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, June 14, 2017
Present: Reps. Iden, Bellino, Crawford, Leutheuser, Theis, Webber, Griffin, Hauck, Hoitenga, Moss, Dianda, Chirkun, Liberati, Love and Jones
Absent: Rep. Reilly
Excused: Rep. Reilly
The Committee on Natural Resources, by Rep. Howell, Chair, reported
House Bill No. 4583, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21506a and 21510d (MCL 324.21506a and 324.21510d), section 21506a as amended by 2016 PA 467 and section 21510d as added by 2016 PA 380, and by adding section 21519a.
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. Howell, LaFave, Bellino, Rendon and VanderWall
Nays: Reps. Sowerby, Chang 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, June 14, 2017
Present: Reps. Howell, LaFave, Bellino, Rendon, VanderWall, Sowerby, Chang and Greig
Absent: Rep. Maturen
Excused: Rep. Maturen
The Committee on Education Reform, by Rep. Kelly, Chair, reported
House Bill No. 4647, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 5, 41, 81d, 127, and 131 (MCL 38.1305, 38.1341, 38.1381d, 38.1427, and 38.1431), sections 5 and 131 as amended and section 81d as added by 2012 PA 300, section 41 as amended by 2016 PA 136, and section 127 as added by 2010 PA 75, and by adding sections 21a and 133.
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. Kelly, Hornberger, Crawford, Garcia, Alexander, Griffin, Lilly, Noble and Reilly
Nays: Reps. Zemke, Brinks, Chang, Camilleri and Sowerby
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kelly, Chair, of the Committee on Education Reform, was received and read:
Meeting held on: Wednesday, June 14, 2017
Present: Reps. Kelly, Hornberger, Crawford, Garcia, Roberts, Alexander, Griffin, Lilly, Noble, Reilly, Zemke, Brinks, Chang, Camilleri and Sowerby
Messages from the Governor
The following message from the Governor was received June 13, 2017 and read:
EXECUTIVE ORDER
No. 2017 - 4
GOVERNOR’S TASK FORCE ON CHILD ABUSE AND NEGLECT
DEPARTMENT OF HEALTH AND HUMAN SERVICES
RESCISSION OF EXECUTIVE ORDER 2013-4
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; and
WHEREAS, Section 107 of the federal Child Abuse Prevention and Treatment Act, as amended by the federal Keeping Children and Families Safe Act of 2003, Public Law 108-36, 42 USC 5106c, authorizes grants to states for the purpose of assisting states in developing, establishing, and operating programs designed to improve: (1) the handling of child abuse and neglect cases, particularly cases of child sexual abuse and exploitation, in a manner that limits additional trauma to the child victim; (2) the handling of cases of suspected child abuse - or neglect-related fatalities; (3) the investigation and prosecution of cases of child abuse and neglect, particularly child sexual abuse and exploitation; and (4) the handling of cases involving children with disabilities or serious health-related problems who are victims of abuse or neglect; and
WHEREAS, to qualify for grants to states under Section 107 of the federal Child Abuse Prevention and Treatment Act, a state must establish or designate and maintain a multidisciplinary task force on children’s justice; and
WHEREAS, Executive Order 1991-38 created the Governor’s Task Force on Children’s Justice within the Executive Office and was amended by Executive Order 1993-8; and
WHEREAS, Executive Order 2010-18 rescinded Executive Orders 1991-38 and 1993-8 and established the Governor’s Task Force on Child Abuse and Neglect within the Department of Human Services; and
WHEREAS, Executive Order 2013-4 rescinded Executive Order 2010-18 and re-established the Governor’s Task Force on Child Abuse and Neglect within the Department of Human Services; and
WHEREAS, because this state remains committed to continual improvement in the handling of child abuse and neglect cases and to securing federal funding for such efforts, it is appropriate to refocus the activities of the Governor’s Task Force on Child Abuse and Neglect established by Executive Order 2013-4 through a newly-focused Governor’s Task Force on Child Abuse and Neglect; and
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. RESCISSION OF EXECUTIVE ORDER 2013-4
A. Executive Order 2013-4 is rescinded.
B. Any rules, orders, contracts, or agreements related to the Governor’s Task Force on Child Abuse and Neglect established by Executive Order 2013-4 lawfully in effect before the effective date of this Order shall continue to be effective until revised, amended, or repealed.
II. CREATION OF THE TASK FORCE
A. The Governor’s Task Force on Child Abuse and Neglect (“Task Force”) is established within the Department of Health and Human Services (“Department”).
B. The Task Force is designated as the multidisciplinary task force for this state for purposes of Section 107(c) of the federal Child Abuse Prevention and Treatment Act, 42 USC 5106c(c).
C. The Task Force shall consist of at least 18 members appointed by the Governor and shall be composed of professionals with knowledge and experience relating to the criminal justice system and issues of child physical abuse, child neglect, child sexual abuse and exploitation, and child maltreatment-related fatalities. Membership shall include the Director of the Department, or his or her designee, and shall include all of the following:
1. Individuals representing the law enforcement community;
2. Judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect (including individuals involved with the defense as well as the prosecution of such cases);
3. Child advocates, including both attorneys for children and, where such programs are in operation, court appointed special advocates;
4. Health professionals;
5. Mental health professionals;
6. Individuals representing child protective service agencies;
7. Individuals experienced in working with children with disabilities;
8. Parents and representatives of parents’ groups;
9. Adult former victims of child abuse or neglect; and
10. Individuals experienced in working with homeless children and youths (as defined in Section 725 of the McKinney-Vento Homeless Assistance Act, 42 USC 11434a).
D. Of the members of the Task Force appointed under Section II. C., one-third of the members shall be appointed for a term expiring on December 31, 2017; one-third of the members shall be appointed for a term expiring on December 31, 2018; and one-third of the members shall be appointed for a term expiring on December 31, 2019. After the initial appointments, members of the Task Force shall be appointed for terms of three years.
E. A vacancy on the Task Force occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A member of the Task Force may be reappointed for subsequent additional terms.
F. The Governor shall designate a member of the Task Force to serve as Chairperson of the Task Force. The Chairperson of the Task Force shall appoint a member of the Task Force to serve as Vice-Chairperson at the pleasure of the Chairperson.
G. The Chairperson may establish and disband committees consisting of members of the Task Force as deemed necessary.
H. Members who attend less than 66% of the scheduled meetings in any calendar year shall be considered to have vacated their appointment. Upon notification, the Governor shall fill the vacancy in the same manner as the original appointment.
III. CHARGE TO THE TASK FORCE
A. At least once every 3 years, the Task Force shall comprehensively review and evaluate state investigative and administrative handling, civil judicial handling, and criminal judicial handling of all of the following:
1. Cases of child abuse and neglect, particularly child sexual abuse and exploitation.
2. Cases involving suspected child maltreatment-related fatalities.
3. Cases of child abuse and neglect involving a potential combination of jurisdictions, including, but not limited to, interstate, federal-state, and state-tribal.
B. At least once every 3 years, the Task Force shall comprehensively make policy and training recommendations to the Governor, the Michigan Supreme Court, and the Michigan Legislature in each of the following categories:
1. Investigative, administrative, and judicial handing of all of the following in a manner that reduces any additional trauma to a child victim and the victim’s family and that also ensures procedural fairness to the accused:
a. Cases of child abuse and neglect, particularly child sexual abuse and exploitation.
b. Cases involving suspected child maltreatment-related fatalities.
c. Cases of child abuse and neglect involving a potential combination of jurisdictions, including, but not limited to, interstate, federal-state, and state-tribal.
2. Experimental, model, and demonstration programs for testing innovative approaches and techniques that improve the prompt and successful resolution of civil and criminal court proceedings or enhance the effectiveness of judicial and administrative action in child abuse and neglect cases, particularly child sexual abuse and exploitation cases, including the enhancement of the performance of court-appointed attorneys and guardians ad litem for children, and that also ensure procedural fairness to the accused.
3. Reform of state laws, ordinances, regulations, protocols, procedures, and rules to provide comprehensive protection for children from abuse, particularly child sexual abuse and exploitation, while ensuring fairness to all affected persons.
C. The Task Force shall function as a statewide coordinating council to oversee the implementation of recommendations of the Task Force under Section III. B. Acting as the statewide coordinating council, the Task Force shall develop both of the following:
1. Model statewide protocols adaptable to local needs.
2. A statewide comprehensive initiative to disseminate and encourage the proper use of protocols and to educate the public about child abuse and neglect, particularly child sexual abuse and exploitation.
D. The Task Force shall make other recommendations relating to child abuse and neglect to the Governor, the Michigan Supreme Court, and the Michigan Legislature that the Task Force considers relevant and useful.
E. The Task Force shall coordinate with the Task Force on the Prevention of Sexual Abuse of Children created by Public Act 593 of 2012.
F. The Task Force shall perform other functions related to the Task Force’s duties as requested by the Governor.
IV. OPERATIONS OF THE TASK FORCE
A. The Task Force shall be staffed and assisted by personnel from the Department, subject to available funding. Any budgeting, procurement, or related management functions of the Task Force shall be performed under the direction and supervision of the Director of the Department and the Chairperson of the Task Force.
B. The Task Force shall adopt procedures consistent with applicable law and this Order governing its organization and operations.
C. A majority of the members serving shall constitute a quorum for the transaction of the Task Force’s business. The Task Force shall act by a majority vote of its members in attendance.
D. The Task Force shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Task Force.
E. The Task Force may establish subcommittees of Task Force members and advisory workgroups composed of public officers, public employees, or members of the public who are not members of the Task Force. The Task Force may adopt, reject, or modify any recommendations proposed by a subcommittee or an advisory workgroup.
F. The Task Force may, as appropriate, make inquiries, conduct studies or investigations, hold hearings, and receive comments from the public. The Task Force also may consult with outside experts in order to perform its duties including, but not limited to, experts in the private sector, organized labor, government agencies, tribal governments, and at institutions of higher education.
G. Members of the Task Force shall serve without compensation. Members of the Task Force may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management, and Budget, subject to available funding.
H. The Task Force may hire or retain contractors, subcontractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Task Force and the performance of its duties, in accordance with this Order, and the relevant statutes, rules, and procedures of the Michigan Civil Service Commission and the Department of Technology, Management, and Budget, subject to available funding.
I. The Task Force may accept donations of labor, services, or other things of value from any public or private agency or person.
J. Members of the Task Force shall refer all legal, legislative, and media contacts to the Department.
V. MISCELLANEOUS
A. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order. Any such suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.
B. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
This Executive Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 13th day of June, in the year of our Lord, two thousand and seventeen.
RICHARD D. SNYDER
GOVERNOR
BY THE GOVERNOR:
RUTH A. JOHNSON
SECRETARY OF STATE
The message was referred to the Clerk.
Introduction of Bills
Rep. Lucido introduced
House Bill No. 4755, entitled
A bill to amend 1984 PA 274, entitled “Michigan antitrust reform act,” by amending section 4a (MCL 445.774a), as added by 1987 PA 243.
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Rep. Lucido introduced
House Bill No. 4756, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732 (MCL 257.732), as amended by 2015 PA 11.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Kosowski introduced
House Bill No. 4757, entitled
A bill to require that students at public and private institutions of higher education in this state be given an opportunity to authorize the disclosure of certain private mental health information in certain circumstances; and to provide for the powers and duties of certain state and local governmental officers and entities.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Kosowski introduced
House Bill No. 4758, entitled
A bill to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and educational interests of the people of the state of Michigan by regulating the construction, reconstruction, and remodeling of certain public or private school buildings or additions to such buildings, by regulating the construction, reconstruction, and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” by amending the title and section 1a (MCL 388.851a), the title as amended by 2002 PA 628, and by adding section 1c.
The bill was read a first time by its title and referred to the Committee on Education Reform.
Rep. Schor introduced
House Bill No. 4759, entitled
A bill to authorize the department of technology, management, and budget to convey parcels of state-owned property in Ingham County; to provide for powers and duties of state departments, agencies, and officers and branches of state government in regard to the property; and to provide for disposition of revenue derived from the conveyances.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Faris, Cochran, Dianda, Sneller, Chang, Sabo, Jones, Sowerby, Wittenberg, Geiss, Pagan, Hoadley, Brinks, Hertel, Greig, Moss, Hammoud, Durhal and Greimel introduced
House Bill No. 4760, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17015 and 17015a (MCL 333.17015 and 333.17015a), section 17015 as amended and section 17015a as added by 2012 PA 499; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Greig, Cochran, Dianda, Sneller, Chang, Love, Sabo, Jones, Sowerby, Wittenberg, Geiss, Pagan, Hoadley, Brinks, Hertel, Moss, Hammoud and Greimel introduced
House Bill No. 4761, entitled
A bill to repeal 2013 PA 182, entitled “Abortion Insurance Opt-Out Act,” (MCL 550.541 to 550.551).
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Guerra, Durhal, Pagan, Sneller, Cochran, Dianda, Chang, Love, Gay-Dagnogo, Sabo, Sowerby, Jones, Wittenberg, Geiss, Hoadley, Brinks, Hertel, Greig, Moss and Hammoud introduced
House Bill No. 4762, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16221b.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Pagan, Cochran, Dianda, Sneller, Chang, Love, Sabo, Sowerby, Jones, Wittenberg, Geiss, Hoadley, Brinks, Hertel, Greig, Moss, Hammoud and Durhal introduced
House Bill No. 4763, entitled
A bill to define certain rights of women regarding abortions; to prevent the enforcement of laws and administrative rules that place a burden on a woman’s access to abortion; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide remedies.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Elder, Sneller, Love, Chirkun, Lasinski, Hertel, Wittenberg, Liberati and Hammoud introduced
House Bill No. 4764, entitled
A bill to require employers to provide unpaid leave for employees to attend academic activities of their children; to provide the conditions for granting the leave; and to prohibit discrimination against employees who request or use the leave.
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Reps. Love, Cochran, Dianda, Sneller, Chang, Gay-Dagnogo, Sabo, Jones, Sowerby, Wittenberg, Geiss, Pagan, Hoadley, Brinks, Hertel, Greig, Moss, Hammoud and Durhal introduced
House Bill No. 4765, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20181 (MCL 333.20181) and by adding section 20184a.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Howrylak, Robinson, Hernandez, Zemke, Lucido, Phelps and Miller introduced
House Bill No. 4766, entitled
A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 11 (MCL 15.271).
The bill was read a first time by its title and referred to the Committee on Law and Justice.
Announcements by the Clerk
June 13, 2017
Received from the Auditor General a copy of the:
• Performance audit report on State Public Universities’ Reporting of Selected Higher Education Institutional Data Inventory (HEIDI) Data, Fiscal Year 2016, State Budget Office.
Gary L. Randall
Clerk of the House
Rep. Inman moved that the House adjourn.
The motion prevailed, the time being 1:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, June 15, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of Representatives
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