No. 81
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
99th Legislature
REGULAR SESSION OF 2017
House Chamber, Lansing, Tuesday, October 24, 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—excused
Byrd—present Greimel—present Leutheuser—present Sheppard—present
Calley—present Griffin—present Liberati—present Singh—present
Camilleri—present Guerra—present Lilly—present Sneller—present
Canfield—present Hammoud—present Love—present Sowerby—present
Chang—present Hauck—present Lower—present Tedder—present
Chatfield—present Hernandez—present Lucido—present Theis—present
Chirkun—present Hertel—present Marino—present VanderWall—present
Clemente—present Hoadley—present Maturen—present VanSingel—present
Cochran—present Hoitenga—present McCready—present Vaupel—present
Cole—present Hornberger—present Miller—present VerHeulen—present
Cox—present Howell—present Moss—present Victory—present
Crawford—present Howrylak—present Neeley—present Webber—present
Dianda—present Hughes—present Noble—present Wentworth—present
Durhal—present Iden—present Pagan—present Whiteford—present
Elder—present Inman—present Pagel—present Wittenberg—present
Ellison—present Johnson—present Peterson—present Yanez—present
Faris—present Jones—present Phelps—present Yaroch—present
Farrington—present Kahle—present Rabhi—present Zemke—present
e/d/s = entered during session
Pastor Phillip L. Ferrell, Pastor of Mt. Hermon Baptist Church in Belleville, offered the following invocation:
“Father, we thank You for taking us here safely. We ask now that You will bless our state representatives, bless each of them individually and their families. Bless our state and bless our great country. Touch us all, in the name of Jesus we pray, Amen.”
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The Speaker called the Speaker Pro Tempore to the Chair.
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Rep. Greig moved that Rep. Scott be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. LaSata, Love, Hoadley, Maturen, Crawford, Griffin, Lucido, Bizon, Zemke, Pagel, Brann, Ellison, Marino, Pagan and Sneller offered the following resolution:
House Resolution No. 187.
A resolution to encourage the Michigan Department of Natural Resources to establish a Water Trails Grant Program to support Michigan’s water trails.
Whereas, Paddling Michigan’s waterways for recreation and other purposes has been a part of Michigan’s long history. Paddlesports are one of the fastest-growing outdoor activities in the nation, contributing more than $140 million to Michigan’s economy; and
Whereas, Michigan has over 4,700 miles of water trails, traversing some of Michigan’s most remote and natural environments as well as some of the state’s most industrial and urban environments. These water trails exist along Michigan’s Great Lakes coastline, connecting to water trails in other states and provinces throughout the Great Lakes basin. Water trails help support and promote environmental awareness and stewardship of Michigan’s waterways and water quality; and
Whereas, A formal state water trail and designation program would complement existing water trails and help solidify best practices and standards for future water trail development. A competitive criteria-based grant program under the auspices of a formal state water trail program would provide much needed support and resources for planning efforts, capital improvement projects, marketing materials, and water safety programs for water trails. Such a program could provide, with available funding, a competitive and score-based grant fund to support capital improvements, including signage, kayak racks, restrooms, accessible launches, picnic areas, pavilions, boat washing stations, portages, trash containers, promotional materials, and water safety and marine patrol programs along water trails regardless of their state or federal designation. In addition, the program could support the michiganwatertrails.org website; now, therefore, be it
Resolved by the House of Representatives, That we encourage the Michigan Department of Natural Resources to establish a Water Trails Grant Program to support Michigan’s water trails; and be it further
Resolved, That copies of this resolution be transmitted to the Director of the Michigan Department of Natural Resources and the members of the Natural Resources Commission.
The resolution was referred to the Committee on Appropriations.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4181, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2016 PA 192.
(The bill was received from the Senate on October 17, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 18, see House Journal No. 78, p. 1764.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 321 Yeas—101
Afendoulis Farrington Kahle Phelps
Albert Frederick Kelly Rabhi
Alexander Garcia Kesto Rendon
Allor Garrett Kosowski Roberts
Barrett Gay-Dagnogo LaFave Robinson
Bellino Geiss LaGrand Runestad
Bizon Glenn LaSata Sabo
Brann Graves Lasinski Santana
Brinks Green Lauwers Schor
Byrd Greig Leonard Sheppard
Calley Greimel Leutheuser Singh
Camilleri Griffin Liberati Sneller
Canfield Guerra Lilly Sowerby
Chang Hammoud Love VanderWall
Chatfield Hauck Lower VanSingel
Chirkun Hertel Lucido Vaupel
Clemente Hoadley Marino VerHeulen
Cochran Hoitenga Maturen Victory
Cole Hornberger McCready Webber
Cox Howell Miller Wentworth
Crawford Howrylak Moss Whiteford
Dianda Hughes Neeley Wittenberg
Durhal Iden Pagan Yanez
Elder Inman Pagel Yaroch
Ellison Jones Peterson Zemke
Faris
Nays—6
Hernandez Noble Tedder Theis
Johnson Reilly
In The Chair: Chatfield
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4285, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 47 and 89a (MCL 211.47 and 211.89a), section 47 as amended by 1994 PA 253 and section 89a as amended by 2008 PA 512.
(The bill was received from the Senate on October 18, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 19, see House Journal No. 79, p. 1775.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
Rep. Lucido moved to amend the Senate substitute (S-2) as follows:
1. Amend page 3, line 6, after “PROPERTY” by striking out “AT THE TIME” and inserting “ON THE TAX DAY FOR THE YEAR IN WHICH”.
2. Amend page 3, line 9, after “PROPERTY” by striking out “AT THE TIME” and inserting “ON THE TAX DAY FOR THE YEAR IN WHICH”.
3. Amend page 3, line 22, after “PROPERTY” by striking out “AT THE TIME THE UNPAID TAX BECAME DUE” and inserting “ON THE TAX DAY FOR THE YEAR IN WHICH THE UNPAID TAX WAS LEVIED”.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 322 Yeas—106
Afendoulis Frederick Kesto Reilly
Albert Garcia Kosowski Rendon
Alexander Garrett LaFave Roberts
Allor Gay-Dagnogo LaGrand Robinson
Barrett Geiss LaSata Runestad
Bellino Glenn Lasinski Sabo
Bizon Graves Lauwers Santana
Brann Green Leonard Schor
Brinks Greig Leutheuser Sheppard
Byrd Greimel Liberati Singh
Calley Griffin Lilly Sneller
Camilleri Guerra Love Sowerby
Canfield Hammoud Lower Tedder
Chang Hauck Lucido Theis
Chatfield Hernandez Marino VanderWall
Chirkun Hertel Maturen VanSingel
Clemente Hoadley McCready Vaupel
Cochran Hornberger Miller VerHeulen
Cole Howell Moss Victory
Cox Howrylak Neeley Webber
Crawford Hughes Noble Wentworth
Dianda Iden Pagan Whiteford
Durhal Inman Pagel Wittenberg
Elder Johnson Peterson Yanez
Ellison Jones Phelps Yaroch
Faris Kahle Rabhi Zemke
Farrington Kelly
Nays—1
Hoitenga
In The Chair: Chatfield
The House agreed to the full title.
The Speaker laid before the House
House Bill No. 4547, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 33 and 48 of chapter XVII (MCL 777.33 and 777.48), as amended by 2013 PA 24.
(The bill was received from the Senate on October 19, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 80, p. 1794.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 323 Yeas—107
Afendoulis Frederick Kelly Reilly
Albert Garcia Kesto Rendon
Alexander Garrett Kosowski Roberts
Allor Gay-Dagnogo LaFave Robinson
Barrett Geiss LaGrand Runestad
Bellino Glenn LaSata Sabo
Bizon Graves Lasinski Santana
Brann Green Lauwers Schor
Brinks Greig Leonard Sheppard
Byrd Greimel Leutheuser Singh
Calley Griffin Liberati Sneller
Camilleri Guerra Lilly Sowerby
Canfield Hammoud Love Tedder
Chang Hauck Lower Theis
Chatfield Hernandez Lucido VanderWall
Chirkun Hertel Marino VanSingel
Clemente Hoadley Maturen Vaupel
Cochran Hoitenga McCready VerHeulen
Cole Hornberger Miller Victory
Cox Howell Moss Webber
Crawford Howrylak Neeley Wentworth
Dianda Hughes Noble Whiteford
Durhal Iden Pagan Wittenberg
Elder Inman Pagel Yanez
Ellison Johnson Peterson Yaroch
Faris Jones Phelps Zemke
Farrington Kahle Rabhi
Nays—0
In The Chair: Chatfield
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 4548, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625, 625a, 625g, and 625m (MCL 257.625, 257.625a, 257.625g, and 257.625m), section 625 as amended by 2014 PA 219, section 625a as amended by 2015 PA 11, section 625g as amended by 2014 PA 315, and section 625m as amended by 2013 PA 23.
(The bill was received from the Senate on October 19, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 80, p. 1794.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 324 Yeas—107
Afendoulis Frederick Kelly Reilly
Albert Garcia Kesto Rendon
Alexander Garrett Kosowski Roberts
Allor Gay-Dagnogo LaFave Robinson
Barrett Geiss LaGrand Runestad
Bellino Glenn LaSata Sabo
Bizon Graves Lasinski Santana
Brann Green Lauwers Schor
Brinks Greig Leonard Sheppard
Byrd Greimel Leutheuser Singh
Calley Griffin Liberati Sneller
Camilleri Guerra Lilly Sowerby
Canfield Hammoud Love Tedder
Chang Hauck Lower Theis
Chatfield Hernandez Lucido VanderWall
Chirkun Hertel Marino VanSingel
Clemente Hoadley Maturen Vaupel
Cochran Hoitenga McCready VerHeulen
Cole Hornberger Miller Victory
Cox Howell Moss Webber
Crawford Howrylak Neeley Wentworth
Dianda Hughes Noble Whiteford
Durhal Iden Pagan Wittenberg
Elder Inman Pagel Yanez
Ellison Johnson Peterson Yaroch
Faris Jones Phelps Zemke
Farrington Kahle Rabhi
Nays—0
In The Chair: Chatfield
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 4973, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 2 and 13 (MCL 15.232 and 15.243), section 2 as amended by 1996 PA 553 and section 13 as amended by 2006 PA 482.
The bill was read a second time.
Rep. Iden moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4768, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 2016 PA 337.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Bizon 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
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, October 19, for his approval of the following bills:
Enrolled House Bill No. 4396 at 1:41 p.m.
Enrolled House Bill No. 4457 at 1:43 p.m.
Enrolled House Bill No. 4508 at 1:45 p.m.
The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, October 19:
House Bill Nos. 5139 5140 5141 5142 5143 5144 5145 5146 5147 5148 5149 5150 5151 5152
5153 5154 5155 5156 5157 5158 5159
Senate Bill Nos. 636 637
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, October 24, for his approval of the following bills:
Enrolled House Bill No. 4305 at 10:24 a.m.
Enrolled House Bill No. 4311 at 10:36 a.m.
Enrolled House Bill No. 4781 at 11:04 a.m.
Enrolled House Bill No. 4782 at 11:06 a.m.
Enrolled House Bill No. 4783 at 11:08 a.m.
Reports of Standing Committees
The Committee on Law and Justice, by Rep. Kesto, Chair, reported
House Bill No. 4752, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 871 and 877 (MCL 600.871 and 600.877), as amended by 2012 PA 596.
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. Kesto, Lucido, Graves, Howrylak, Roberts, Theis, Albert, Chang, Robinson, Guerra, Liberati and Wittenberg
Nays: None
The Committee on Law and Justice, by Rep. Kesto, Chair, reported
House Bill No. 5144, entitled
A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending the title and sections 102, 201, 205, 501, 502, 503, 504, 505, 602, and 801 (MCL 333.27102, 333.27201, 333.27205, 333.27501, 333.27502, 333.27503, 333.27504, 333.27505, 333.27602, and 333.27801).
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. Kesto, Lucido, Howrylak, Roberts, Chang, Robinson, Guerra, Liberati and Wittenberg
Nays: Reps. Theis and Albert
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kesto, Chair, of the Committee on Law and Justice, was received and read:
Meeting held on: Tuesday, October 24, 2017
Present: Reps. Kesto, Lucido, Graves, Howrylak, Roberts, Theis, Albert, Chang, Robinson, Guerra, Liberati and Wittenberg
The Committee on Commerce and Trade, by Rep. Leutheuser, Chair, reported
House Bill No. 4922, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 217c (MCL 257.217c), as amended by 2016 PA 369.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Leutheuser, Garcia, Hughes, Kesto, McCready, Iden, Frederick, Hornberger, Rendon, Schor, Greimel, Byrd, Geiss and Camilleri
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Leutheuser, Chair, of the Committee on Commerce and Trade, was received and read:
Meeting held on: Tuesday, October 24, 2017
Present: Reps. Leutheuser, Garcia, Hughes, Kesto, McCready, Iden, Frederick, Hornberger, Rendon, Schor, Greimel, Byrd, Geiss and Camilleri
Absent: Rep. Scott
Excused: Rep. Scott
The Committee on Military and Veterans Affairs, by Rep. Wentworth, Chair, reported
House Bill No. 4858, entitled
A bill to amend 1897 PA 205, entitled “An act to prefer honorably discharged members of the armed forces of the United States for public employments,” (MCL 35.401 to 35.404) by adding section 1a.
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. 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, October 24, 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. 4535, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 255 (MCL 257.255), as amended by 2003 PA 9.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cole, Webber, Lucido, Maturen, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported
House Bill No. 4807, entitled
A bill to amend 1921 PA 246, entitled “An act to regulate the service, rates, fares and charges of carriers by water within this state,” by amending sections 1, 2, 3, 4, 5, and 6 (MCL 460.201, 460.202, 460.203, 460.204, 460.205, and 460.206) and by adding section 7.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Cole, Webber, Lucido, Maturen, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported
House Bill No. 4839, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 219 and 258 (MCL 257.219 and 257.258), section 219 as amended by 2010 PA 155 and section 258 as amended by 1999 PA 73.
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, Maturen, 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. 4956, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2017 PA 35.
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, Maturen, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported
Senate Bill No. 509, 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, Maturen, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cole, Chair, of the Committee on Transportation and Infrastructure, was received and read:
Meeting held on: Tuesday, October 24, 2017
Present: Reps. Cole, Webber, Lucido, Maturen, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller
The Committee on Judiciary, by Rep. Runestad, Chair, reported
House Bill No. 4218, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 14d.
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. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Robinson, Guerra and Sowerby
Nays: None
The Committee on Judiciary, by Rep. Runestad, Chair, reported
House Bill No. 4470, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204 and 5807 (MCL 600.3204 and 600.5807), section 3204 as amended by 2014 PA 125.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Guerra and Sowerby
Nays: Rep. Robinson
The Committee on Judiciary, by Rep. Runestad, Chair, reported
House Bill No. 4471, entitled
A bill to enact the uniform commercial real estate receivership act; to provide for the appointment of receivers to take possession of commercial real property of another and to receive, collect, care for, and dispose of the property or proceeds of the property; and to provide remedies related to the receiverships.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Guerra and Sowerby
Nays: Rep. Robinson
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Runestad, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, October 24, 2017
Present: Reps. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Robinson, Guerra and Sowerby
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Glenn, Chair, of the Committee on Energy Policy, was received and read:
Meeting held on: Tuesday, October 24, 2017
Present: Reps. Glenn, Hauck, Barrett, Cole, Tedder, Bellino, Farrington, Griffin, Johnson, LaFave, Lower, Reilly, Lasinski, Camilleri, Elder, Green and Sneller
Absent: Reps. Dianda and Garrett
Excused: Reps. Dianda and Garrett
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Frederick, Chair, of the Committee on Workforce and Talent Development, was received and read:
Meeting held on: Tuesday, October 24, 2017
Present: Reps. Frederick, Kahle, Crawford, Iden, Leutheuser, Wentworth, Love and Geiss
Absent: Rep. Scott
Excused: Rep. Scott
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hoitenga, Chair, of the Committee on Communications and Technology, was received and read:
Meeting held on: Tuesday, October 24, 2017
Present: Reps. Hoitenga, Griffin, Glenn, Runestad, Sheppard, Tedder, Lower, Phelps, Hertel, Jones and Lasinski
Notices
Pursuant to Rule 41, the Speaker has made the following referral:
Senate Bill No. 385 referred to the Committee on Regulatory Reform.
Messages from the Governor
The following message from the Governor was received October 24, 2017 and read:
EXECUTIVE ORDER
No. 2017 - 8
TRANSFER OF RESPONSIBILITIES UNDER THE DEAF PERSONS’ INTERPRETERS ACT
CREATION OF THE BOARD OF INTERPRETERS FOR THE DEAF, DEAFBLIND AND HARD OF HEARING
DEPARTMENT OF CIVIL RIGHTS
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
EXECUTIVE REORGANIZATION
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and
WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the constitution; and
WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and
WHEREAS, the Division of Deaf and Hard of Hearing, established by Public Act 72 of 1937, MCL 408.201 et seq., was transferred from the Department of Licensing and Regulatory Affairs to the Department of Civil Rights by Executive Order 2011-4 and renamed the Division on Deaf, DeafBlind and Hard of Hearing by Executive Order 2014-10; and
WHEREAS, the Division on Deafness Fund was created within the Department of Treasury by Public Act 72 of 1937, MCL 408.208, to cover the costs of the Division on Deaf, DeafBlind and Hard of Hearing for the functions transferred by this Order.
NOW, THEREFORE, I, Brian Calley, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. TRANSFER OF RESPONSIBILITIES UNDER THE DEAF PERSONS’ INTERPRETERS ACT
A. All authority, powers, duties, functions, and responsibilities of the Division on Deaf, DeafBlind and Hard of Hearing within the Department of Civil Rights under the Deaf Persons’ Interpreters Act, Public Act 204 of 1982, MCL 393.501 et seq., including but not limited to rulemaking authority, certification of interpreters, and the collection of fees, are transferred to the Department of Licensing and Regulatory Affairs.
B. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Civil Rights necessary for the activities, powers, duties, functions, and responsibilities transferred by this Order are transferred to the Department of Licensing and Regulatory Affairs.
C. All personnel necessary for the certification of interpreters under the Deaf Persons’ Interpreters Act, Public Act 204 of 1982, MCL 393.501 et seq., are transferred to the Department of Licensing and Regulatory Affairs from the Department of Civil Rights.
D. After the effective date of this Order, all certification fees collected under Section 8e of Deaf Persons’ Interpreters Act, Public Act 204 of 1982, MCL 393.508e, and deposited into the Division of Deafness Fund pursuant to Section 8f of the act, MCL 393.508f, shall be expended as provided by law to cover the costs of the functions transferred to the Department of Licensing and Regulatory Affairs from the Department of Civil Rights under this Order.
II. CREATION OF THE BOARD OF INTERPRETERS FOR THE DEAF, DEAFBLIND AND HARD OF HEARING
A. The Board of Interpreters for the Deaf, DeafBlind and Hard of Hearing (the “Board”) is created within the Department of Licensing and Regulatory Affairs.
B. The Board shall advise the Director of the Department of Licensing and Regulatory Affairs on all matters related to the certification of interpreters and the administration of the Deaf Persons’ Interpreters Act, Public Act 204 of 1982, MCL 393.501 et seq., including but not limited to certification requirements, continuing education, and grievances.
C. The Board shall consist of the following 9 members appointed by the Governor and serving at the pleasure of the Governor who are knowledgeable in the field of deaf, deafblind and hard of hearing matters.
D. Two members of the Board shall be deaf, deafblind or hard of hearing persons.
E. Four members of the Board shall be certified deaf persons’ interpreters under Michigan law, one or more of whom may be an interpreter and owner of or work for an interpreter referral agency.
F. One member of the Board shall represent an institution or other organization responsible for education of interpreters or interpreter standards.
G. One member of the Board shall represent an educational institution or other organization that serves the deaf, deafblind or hard of hearing community.
H. One member of the Board shall represent the public and shall not be a certified deaf persons’ interpreter under Michigan law.
I. Annually the Board shall elect a chairperson, a vice-chairperson, and other officers the Board determines necessary.
J. Of the members initially appointed to the Board under Section II. C., 3 members shall be appointed for terms expiring on July 30, 2018, 3 members shall be appointed for terms expiring on July 30, 2019, and 3 members shall be appointed for terms expiring on July 30, 2020. After the initial appointments, voting members shall be appointed to serve terms of four years.
K. A vacancy on the Board occurring other than the 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 Board may be reappointed to subsequent terms, but may not serve more than a partial term and two full terms.
L. A majority of the members of the Board constitute a quorum for the transaction of business at a meeting of the Board. Except as otherwise provided by rule, action by the Board shall be by vote of a majority of the voting members present at the meeting. The Board shall meet as often as necessary to fulfill its duties under this act, but shall meet not less than 2 times a year and at other dates set by the Director of the Department of Licensing and Regulatory Affairs.
M. The Board may adopt procedures consistent with Michigan law and this Order governing its organization and operations.
N. The Board shall be staffed and assisted as necessary by personnel from the Department of Licensing and Regulatory Affairs as directed by the Director of the Department of Licensing and Regulatory Affairs.
III. IMPLEMENTATION
A. The Director of the Department of Licensing and Regulatory Affairs, after consultation with the Director of the Department of Civil Rights, shall provide executive direction and supervision for the implementation of the transfer. The Director of the Department of Licensing and Regulatory Affairs shall administer any assigned functions to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.
B. The directors of the departments shall immediately initiate coordination to facilitate the transfer and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Licensing and Regulatory Affairs.
C. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfers made under this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, plans, and agreements relating to the functions transferred by this Order lawfully adopted prior to the effective date of this Order by the responsible state department shall continue to be effective until revised, amended, or rescinded.
B. Any suit, action, or other proceeding lawfully commenced by or against any department identified in Section I of this order prior to the effective date of this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.
C. 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.
In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 24th day of October, in the Year of our Lord Two Thousand Seventeen.
BRIAN CALLEY
GOVERNOR – Acting
BY THE GOVERNOR:
RUTH A. JOHNSON
SECRETARY OF STATE
The message was referred to the Clerk.
Introduction of Bills
Rep. Byrd introduced
House Bill No. 5160, 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.
Reps. Dianda, Santana, Elder, Lucido, Cochran, Peterson, Clemente, Garrett, Rabhi, Sabo, Love, Brinks and Zemke introduced
House Bill No. 5161, entitled
A bill to establish an educational grant program for eligible resident veterans who are enrolled in certain science, technology, engineering, and mathematics (STEM) courses of study at public community colleges and universities in this state; to provide for the administration of the program; to create the battlefield to STEM education grant fund; and to provide for the powers and duties of certain state governmental officers and entities.
The bill was read a first time by its title and referred to the Committee on Military and Veterans Affairs.
Reps. Johnson, Barrett, Noble, Reilly, Glenn, Inman, Miller, Hernandez and Runestad introduced
House Bill No. 5162, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5111 and 9227 (MCL 333.5111 and 333.9227), section 5111 as amended by 2016 PA 64 and section 9227 as amended by 2006 PA 91.
The bill was read a first time by its title and referred to the Committee on Oversight.
Reps. Reilly, Barrett, Noble, Johnson, Glenn, Inman, Miller, Hernandez and Runestad introduced
House Bill No. 5163, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177 (MCL 380.1177), as amended by 2013 PA 121.
The bill was read a first time by its title and referred to the Committee on Oversight.
Reps. Kahle and Alexander introduced
House Bill No. 5164, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2016 PA 432.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Graves introduced
House Bill No. 5165, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding sections 54f, 54g, and 54h.
The bill was read a first time by its title and referred to the Committee on Oversight.
Rep. Hertel introduced
House Bill No. 5166, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 54 (MCL 421.54), as amended by 2016 PA 522.
The bill was read a first time by its title and referred to the Committee on Oversight.
Rep. Byrd introduced
House Bill No. 5167, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 5a (MCL 421.5a), as amended by 1993 PA 311.
The bill was read a first time by its title and referred to the Committee on Oversight.
Reps. Farrington and Phelps introduced
House Bill No. 5168, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 28 (MCL 421.28), as amended by 2011 PA 269.
The bill was read a first time by its title and referred to the Committee on Oversight.
Rep. LaFave introduced
House Bill No. 5169, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 15 (MCL 421.15), as amended by 2016 PA 228.
The bill was read a first time by its title and referred to the Committee on Oversight.
Rep. Bellino introduced
House Bill No. 5170, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 20 (MCL 421.20), as amended by 2013 PA 142.
The bill was read a first time by its title and referred to the Committee on Oversight.
Rep. Phelps introduced
House Bill No. 5171, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 62 (MCL 421.62), as amended by 2016 PA 522.
The bill was read a first time by its title and referred to the Committee on Oversight.
Rep. Howrylak introduced
House Bill No. 5172, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 32a (MCL 421.32a), as amended by 2011 PA 269.
The bill was read a first time by its title and referred to the Committee on Oversight.
Reps. Alexander and Kahle introduced
House Bill No. 5173, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2016 PA 431.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Santana, Sneller, Ellison, Gay-Dagnogo, Durhal, Chirkun, Cochran, Dianda, Garrett, Geiss and Hertel introduced
House Bill No. 5174, entitled
A bill to provide for the levy, collection, and administration of an excise tax on the admission charge to an entertainment event in this state; to provide for the disposition of the proceeds of the tax; to prescribe the powers and duties of certain state departments; and to provide for certain exemptions.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
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Rep. Garcia moved that the House adjourn.
The motion prevailed, the time being 2:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, October 25, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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