No. 18

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Wednesday, February 22, 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 Garcia—present Kesto—present Reilly—present

Albert—present Garrett—excused Kivela—present Rendon—present

Alexander—present Gay-Dagnogo—present Kosowski—present Roberts—present

Allor—present Geiss—present LaFave—present Robinson—present

Barrett—present Glenn—present LaGrand—present Runestad—present

Bellino—present Graves—present LaSata—present Sabo—present

Bizon—present Green—present Lasinski—present Santana—present

Brann—present Greig—present Lauwers—present Schor—present

Brinks—present Greimel—present Leonard—present Scott—present

Byrd—present Griffin—present Leutheuser—present Sheppard—present

Calley—present Guerra—present Liberati—present Singh—present

Camilleri—present Hammoud—present Lilly—present Sneller—present

Canfield—present Hauck—present Love—present Sowerby—present

Chang—present Hernandez—present Lower—present Tedder—present

Chatfield—present Hertel—present Lucido—present Theis—present

Chirkun—present Hoadley—present Marino—present VanderWall—present

Clemente—present Hoitenga—present Maturen—present VanSingel—present

Cochran—present Hornberger—present McCready—present Vaupel—present

Cole—present Howell—present Miller—present VerHeulen—present

Cox—present Howrylak—present Moss—present Victory—present

Crawford—present Hughes—present Neeley—present Webber—present

Dianda—present Iden—present Noble—present Wentworth—present

Durhal—present Inman—present Pagan—present Whiteford—present

Elder—present Johnson—present Pagel—present Wittenberg—present

Ellison—present Jones—present Peterson—present Yanez—present

Faris—present Kahle—present Phelps—present Yaroch—present

Farrington—present Kelly—present Rabhi—present Zemke—present

Frederick—present

e/d/s = entered during session

Chaplain Doug Bradshaw, Chaplain of Lansing Fire Department in Lansing, offered the following invocation:

“God, thank You for each elected official that today will embark to serve those in this great state. Remind each one of the opportunity they have to make a difference. In a time when much is made of that which divides people, I ask that all here would be agents of reconciliation when given the chance. Grant, I pray, wisdom to all to attend to the duties of which they have been elected. I ask that You will protect and bless those that keep us safe, enforce our laws and respond to our troubles. I pray that each of us would be the change we want to see in our home, community, state and nation. Remind us that each day and opportunity is a gift, and help us to treat each as so. Again, thank You for this day and this group of men and women. Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

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

The motion prevailed.

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

February 16, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-061-LR (Secretary of State Filing #17-02-01) on this date at 3:56 P.M. for the Department of Licensing and Regulatory Affairs entitled, “General Rules – Public Health Code”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a of the1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

February 16, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-064-IF (Secretary of State Filing #17-02-02) on this date at 3:56 P.M. for the Department of Insurance and Financial Services entitled, “Assigned Claims Plan”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

February 16, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-043-LR (Secretary of State Filing #17-02-03) on this date at 3:56 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 90. Permit-Required Confined Spaces”.

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

February 16, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-044-LR (Secretary of State Filing #17-02-04) on this date at 3:56 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 490. Permit-Required Confined Spaces”.

February 16, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-041-LR (Secretary of State Filing #17-02-05) on this date at 3:56 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 91. Process Safety Management of Highly Hazardous Chemicals”.

February 16, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-049-LR (Secretary of State Filing #17-02-06) on this date at 3:56 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 14. Conveyors”.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, February 21:

House Bill Nos. 4251 4252 4253 4254 4255 4256 4257 4258 4259 4260 4261 4262 4263

The Clerk announced that the following Senate bills had been received on Wednesday, February 22:

Senate Bill Nos. 111 112 113 114 115

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, February 22:

Senate Bill Nos. 176 177 178 179

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Hoadley, Chang, Chirkun, Clemente, Cochran, Ellison, Faris, Green, Geiss, Greig, Howrylak, Hughes, Moss, Pagan, Schor, Sowerby and Zemke offered the following resolution:

House Resolution No. 26.

A resolution to declare February 26–March 4, 2017, as National Eating Disorders Awareness Week in the state of Michigan.

Whereas, Eating disorders are serious conditions that are potentially life-threatening and have a great impact on both a person’s physical and emotional health; and

Whereas, The National Eating Disorders Association works to give support to those dealing with eating disorders and to provide awareness to all citizens to prevent more instances of eating disorders from occurring; and

Whereas, Approximately 30 million Americans will suffer from a serious eating disorder at some point in their life. This includes 20 million women and 10 million men and comprises anorexia nervosa, bulimia nervosa, binge eating disorder, or other eating disorders not otherwise specified; and

Whereas, Many more cases go unreported because individuals do not recognize signs and symptoms due to the lack of awareness; and

Whereas, Studies show that over half of teenage girls and nearly one-third of teenage boys use unhealthy weight control measures; and

Whereas, Eating disorders can affect anyone. For example, high-performing, dedicated students may struggle with disordered eating and poor body image, impairing otherwise excellent performance; and

Whereas, The House of Representatives commends the National Eating Disorders Association for bringing awareness about eating disorders to all citizens and the health and mental health care providers who treat individuals battling these disorders; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 26-March 4, 2017, as National Eating Disorders Awareness Week in the state of Michigan. We honor the National Eating Disorders Association.

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 4058, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 13 (MCL 207.783), as amended by 2005 PA 339; and to repeal acts and parts of acts.

The bill was read a second time.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4186, entitled

A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending sections 1 and 8b (MCL 287.331 and 287.338b), section 1 as amended by

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. Barrett, Alexander, Lauwers, Howell, Albert, Calley, Frederick, Elder, Kivela, Sabo and Sneller

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 22, 2017

Present: Reps. Barrett, Alexander, Lauwers, Howell, Albert, Calley, Frederick, Elder, Kivela, Sabo and Sneller

Absent: Rep. Phelps

Excused: Rep. Phelps

The Committee on Tax Policy, by Rep. Tedder, Chair, reported

House Bill No. 4136, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87f (MCL 211.87b and 211.87f), section 87b as amended and section 87f as added by 2016 PA 82.

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. Tedder, Maturen, Howrylak, Kesto, Lucido, Vaupel, Johnson, Kahle, Lower, Byrd, Neeley, Ellison and Hammoud

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 22, 2017

Present: Reps. Tedder, Maturen, Howrylak, Kesto, Lucido, Vaupel, Johnson, Kahle, Lower, Byrd, Neeley, Ellison and Hammoud

The Committee on Michigan Competitiveness, by Rep. Chatfield, Chair, reported

Senate Bill No. 69, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2016 PA 376.

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. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Neeley and Hammoud

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 22, 2017

Present: Reps. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Neeley and Hammoud

The Committee on Tourism and Outdoor Recreation, by Rep. Hughes, Chair, reported

House Resolution No. 21.

A resolution to encourage the Michigan Department of Natural Resources, the United States Army Corps of Engineers, and other agencies to continue efforts to prevent the introduction of new aquatic species into the Great Lakes and to consider new research and technologies.

(For text of resolution, see House Journal No. 13, p. 125.)

With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 21.

A resolution to encourage the Michigan Department of Natural Resources, the United States Army Corps of Engineers, the United State Fish and Wildlife Service, and other agencies to continue efforts to prevent the introduction of new aquatic species into the Great Lakes from the Chicago Area Waterway System and to consider new research and technologies.

Whereas, The Great Lakes and the people, industries, and communities that depend on them have suffered significant harm from the introduction of aquatic invasive species. Studies indicate that past invasions by sea lampreys, zebra mussels, and other aquatic species likely cost the Great Lakes region more than $100 million annually, with impacts on fishing, power generation, manufacturing, municipal drinking water systems, tourism, and recreation; and

Whereas, The introduction of new aquatic invasive species remains a real and imminent threat. Bighead and silver carp are less than 50 miles from Lake Michigan. If they were to invade the Great Lakes, they could displace native species, disrupt fisheries, and injure boaters, negatively impacting the $7 billion Great Lakes sport fishery and $5 billion Great Lakes boating industry; and

Whereas, There are ongoing efforts by the state of Michigan, the other Great Lakes states, and the federal government to prevent the introduction of bighead and silver carp and other new aquatic invasive species. Among other actions, the Michigan Department of Natural Resources employs active enforcement, outreach, education, and monitoring for bighead and silver carp while the Illinois Department of Natural Resources, the United States Army Corps of Engineers, the United States Fish and Wildlife Service, and other federal agencies work to prevent bighead and silver carp from reaching the Great Lakes; and

Whereas, New research and technologies can enhance action already being taken to prevent and control aquatic invasive species. Ozone, carbon dioxide, hot water, sound, and microparticles have all shown promise in preventing an invasion and are being actively studied. Restoring native fish populations may also help support a healthy fish community and provide ecosystem resiliency to limit the spread of aquatic invasive species; now, therefore, be it

Resolved by the House of Representatives, That we encourage the Michigan Department of Natural Resources, the United States Army Corps of Engineers, the United States Fish and Wildlife Service, and other agencies to continue efforts to prevent the introduction of new aquatic species, specifically bighead, silver, and black carp, into the Great Lakes from the Chicago Area Waterway System; and be it further

Resolved, That we encourage the open consideration of new research and the development of new technologies that may provide innovative and effective methods to prevent and control aquatic invasive species; and be it further

Resolved, That copies of this resolution be transmitted to the Director of the Michigan Department of Natural Resources, the commanders of the United States Army Corps of Engineers Great Lakes and Ohio River Division and Mississippi Valley Division, the Director of the United States Fish and Wildlife Service, and the other members of the Asian Carp Regional Coordinating Committee.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hughes, VanderWall, Sheppard, Dianda and Clemente

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hughes, Chair, of the Committee on Tourism and Outdoor Recreation, was received and read:

Meeting held on: Wednesday, February 22, 2017

Present: Reps. Hughes, VanderWall, Sheppard, Dianda and Clemente

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, February 22, 2017

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

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, February 22, 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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 22, 2017

Present: Reps. Cox, VerHeulen, Kelly, Pagel, Victory, Afendoulis, Bizon, Canfield, Inman, Miller, Allor, Brann, Hernandez, LaSata, Marino, VanSingel, Whiteford, Yaroch, Durhal, Cochran, Faris, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Lauwers moved that Rule 41(4) be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Lauwers moved that when the House adjourns today it stand adjourned until Thursday, February 23, at 12:01 a.m.

The motion prevailed.

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Rep. Scott moved that the House adjourn.

The motion prevailed, the time being 11:55 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, February 23, at 12:01 a.m.

GARY L. RANDALL

Clerk of the House of Representatives

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