No. 30

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Wednesday, March 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

Imam Mika’il Stewart Saadiq, Outreach Director of Michigan Muslim Community Council in Royal Oak, offered the following invocation:

“Let us seek refuge with Our Creator, Who is All-Hearing, All-Knowing from any insincere thoughts or intentions. I begin with the Name of God, Most-Gracious and Eternally-Beneficent, Our Lord; shower Your guidance on this humble but honorable assembly. Bless these solemn halls and guide us to do what we have been entrusted to do. As we invoke You for this most serious business at-hand, endow every seat with wisdom, focus, and critical concern for the people. Let us remember those oaths we took under Your Ever-Watching Eye. Our Lord, we beg Your assistance in securing the safety, health, education and wealth of these Great Lakes and Lands of this Great State You have so beautifully created. Protect our children and our elderly. Let us be mindful of those less-fortunate than ourselves. Let us share our talents, best-practices, and opportunities with one another to maintain a strong, intelligent populace. Our Lord, let us never forget those who serve. Give them peace and quiet their minds and hearts. Our Lord, allow us to be grateful and efficient. Give us warmth in these cold days. Let our humanity and compassion warm our hearts toward one another and subdue the chill of hate that has risen in the hearts of some. Let our core be conceived in justice, our words advocate for justice, and our actions yield to justice. Our Lord, forgive us if we may error or be neglectful; redeem us and guide us a right. All praise is to Our Creator. And we are here to serve. Ameen.”

______

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.

Announcement by the Clerk of Printing and Enrollment

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

House Bill Nos. 4376 4377 4378 4379 4380 4381 4382 4383 4384 4385 4386 4387 4388 4389 4390 4391 4392 4393 4394 4395

House Joint Resolution J

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

Senate Bill No. 267

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

Senate Bill Nos. 120 202

Reports of Standing Committees

The Committee on Natural Resources, by Rep. Howell, Chair, reported

House Bill No. 4082, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 51501 and 51506 (MCL 324.51501 and 324.51506), as amended by 2004 PA 529, and by adding section 51503c.

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

Nays: None

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, March 22, 2017

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

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

House Bill No. 4329, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.

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. 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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 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

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, March 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. Farrington, Chair, of the Committee on Financial Services, was received and read:

Meeting held on: Wednesday, March 22, 2017

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

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, March 22, 2017

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

Absent: Rep. Liberati

Excused: Rep. Liberati

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, March 22, 2017

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

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, March 22, 2017

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 22, 2017

Present: Reps. Albert, Reilly, McCready, Leutheuser, Lucido, Maturen, Wittenberg, Scott and Sneller

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 22, 2017

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 22, 2017

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Barrett, Chang, Chirkun, Clemente, Cochran, Crawford, Elder, Ellison, Faris, Green, Greig, Howrylak, Hughes, Lasinski, Marino, Moss and Singh offered the following resolution:

House Resolution No. 43.

A resolution to declare March 19-25, 2017, as Agriculture Week in the state of Michigan.

Whereas, Each year, states across the nation recognize March as a time to celebrate the importance of food and agriculture as a significant contributor to the national economy; and

Whereas, As part of that celebration, Governor Rick Snyder has proclaimed March as Food and Agriculture Month in Michigan; and

Whereas, The Michigan food and agriculture industry contributes $101.2 billion annually to the state’s economy; and

Whereas, Michigan’s food and agriculture sector is one of the most diverse in the country with over 51,000 farms, 99 percent of which are family-owned, farming nearly 10 million acres of farmland and commercially producing more than 300 food and agricultural commodities. The state ranks first in the production of dry black and cranberry beans, begonias, blueberries, tart cherries, pickling cucumbers, Easter lilies, geraniums, low-fat ice cream mix, impatiens, petunias, and squash. We are a major dairy state and rank in the top 10 nationally for the production of apples, sugar beets, potatoes, and grapes. The industry supports farm markets across the state, produces hops that have helped to grow more than 135 breweries and has long supported the more than 120 wineries that call the Great Lakes State home; and

Whereas, Michigan’s food and agriculture system supports more than 920,000 jobs, roughly 22 percent of the state’s workforce; and

Whereas, One in every three rows of Michigan field crops is exported with a total value of $1.75 billion. The state’s top three export destinations are Canada, Mexico, and Japan; and

Whereas, Food processing is a large contributor to the state’s economy. Michigan is home to approximately 2,000 licensed food processors who employ more than 30,000 residents and generate nearly $25 billion in economic activity; and

Whereas, Michigan is home to the nation’s pioneer land-grant university, Michigan State University, where the Colleges of Agriculture and Natural Resources and Veterinary Medicine in partnership with the industry and the Michigan Department of Agriculture & Rural Development provide research, education, and support for the growth of production agriculture and agribusiness; and

Whereas, The month of March celebrates National Agricultural Week. Agriculture Day at the Capitol is March 22, Michigan State University hosts the State FFA Convention as well as Agriculture and Natural Resources Week, and Secretary of State Ruth Johnson has formed a partnership with Michigan FFA in promoting Agricultural Heritage License Plates; now, therefore, be it

Resolved by the House of the Representatives, That the members of this legislative body declare March 19-25, 2017, as Agriculture Week in the state of Michigan. We encourage all citizens to recognize and celebrate this momentous occasion.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Howrylak, Allor, Chirkun, Clemente, Cochran, Cox, Crawford, Elder, Ellison, Faris, Green, Greig, Hughes, Lasinski, Marino, Moss, Schor, Singh and Webber offered the following resolution:

House Resolution No. 44.

A resolution to declare April 2017 as Michigan Student Athlete Cardiac Awareness Month in the state of Michigan.

Whereas, The state of Michigan has lost at least 68 students to sudden cardiac arrest and related causes since December 1999. Those students lost include: 15-year-old Kimberly Anne Gillary, a student of Troy Athens High School who suffered a sudden cardiac arrest in a high school water polo game at Birmingham Groves High School on April 1, 2000; Kayla Stanford, a student at Ypsilanti East Middle School, who suffered a cardiac arrest after completing track practice on March 29, 2006; Thomas Noah Smith, a student of Flushing High School, who suffered a sudden cardiac arrest on January 29, 2011; and Wes Leonard, a student at Fennville High school who suffered a sudden cardiac arrest after scoring the winning basket in a basketball game on March 3, 2011; and

Whereas, The families of Kimberly Anne Gillary, Kayla Stanford, Thomas Noah Smith and Wes Leonard have foundations in the memory of their lost sons and daughters to try to prevent other families from losing their sons and daughters to sudden cardiac arrest at school; and

Whereas, The foundations have donated more than 925 automated external defibrillators (AEDs) to high schools and intermediate schools in the state of Michigan and have provided training to teachers and staff on the use of an AED and in CPR; and

Whereas, Approximately 75% of all Michigan high schools now have at least one AED on site due to the efforts of the foundations founded by the families; and

Whereas, There have been at least 14 lives saved at Michigan high schools including 12 students, as a result of AEDs donated by the foundations and other concerned organizations; and

Whereas, As a result of the efforts of the foundations, the Michigan Department of Health and Human Services (MDHHS), and the Michigan High School Athletic Association (MHSAA) there is an increased awareness of the importance of more effective pre-participation screening of our high school student athletes and of having readily available AEDs in our high schools; and

Whereas, The foundations have worked with the Michigan Department of Health and Human Services to develop the Michigan HeartSafe School Program and to encourage Michigan high schools to receive certification as a Michigan HeartSafe School. To date there are at least 265 K-12 schools in Michigan that have received the MI HeartSafe School designation; and

Whereas, The Michigan Legislature has passed legislation to amend MCL 29.19 to require the governing body of any school in Michigan for grades kindergarten to 12 to adopt and implement a Cardiac Emergency Response Plan for the school; and

Whereas, Governor Snyder signed legislation to amend MCL 29.19 on February 25, 2014, thereby establishing that it is the public policy of the state of Michigan that Michigan schools be adequately prepared to respond to a cardiac emergency on school property; and

Whereas, Lt. Governor Brian Calley signed Senate Bill No. 647 into law on December 28, 2016. It is now Public Act 388 of 2016 and requires all students in grades 7-12 to receive instruction in cardiopulmonary resuscitation (CPR) before graduation; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2017 as Michigan Student Athlete Cardiac Awareness Month in the state of Michigan; and be it further

Resolved, That the people of the state of Michigan are encouraged to become more aware of the importance of improved pre-participation screening of our student athletes and the preparedness of our citizenry and public employees to respond to the sudden cardiac arrest of our sons and daughters while entrusted to our public schools in the course of their education; and be it further

Resolved, That the State Board of Education be urged to include provisions in policies and regulations for AED training in student health education courses and for regular AED drills, so that students and staff will be better prepared to use AEDs to save lives in schools and other public places; and be it further

Resolved, That copies of this resolution be transmitted to The Kimberly Anne Gillary Foundation, The KAYLA Foundation, The Thomas Smith Memorial Foundation, The Wes Leonard Heart Team, the Michigan High School Athletic Association, the Michigan Department of Health and Human Services, and the State Board of Education as a symbol of our support.

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 4167, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2015 PA 208.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4329, entitled

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

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

Rep. Yaroch 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

Third Reading of Bills

House Bill No. 4219, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 451c (MCL 750.451c), as added by 2014 PA 334.

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

Roll Call No. 53 Yeas—108

Afendoulis Frederick Kesto Reilly

Albert Garcia Kivela Rendon

Alexander Gay-Dagnogo Kosowski Roberts

Allor Geiss LaFave Robinson

Barrett Glenn LaGrand Runestad

Bellino Graves LaSata Sabo

Bizon Green Lasinski Santana

Brann Greig Lauwers Schor

Brinks Greimel Leonard Scott

Byrd Griffin Leutheuser Sheppard

Calley Guerra Liberati Singh

Camilleri Hammoud Lilly Sneller

Canfield Hauck Love Sowerby

Chang Hernandez Lower Tedder

Chatfield Hertel Lucido Theis

Chirkun Hoadley Marino VanderWall

Clemente Hoitenga Maturen VanSingel

Cochran Hornberger McCready Vaupel

Cole Howell Miller VerHeulen

Cox Howrylak Moss Victory

Crawford Hughes Neeley Webber

Dianda Iden Noble Wentworth

Durhal Inman Pagan Whiteford

Elder Johnson Pagel Wittenberg

Ellison Jones Peterson Yanez

Faris Kahle Phelps Yaroch

Farrington Kelly Rabhi Zemke

Nays—0

In The Chair: Chatfield

The House agreed to the title of the bill.

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

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

Reps. Allor, Bellino, Brann, Brinks, Byrd, Canfield, Chang, Chirkun, Cochran, Cox, Crawford, Dianda, Elder, Ellison, Faris, Farrington, Frederick, Gay-Dagnogo, Graves, Green, Greig, Greimel, Hammoud, Hauck, Hoitenga, Hornberger, Howell, Hughes, Iden, Jones, Kesto, Kivela, Kosowski, Leutheuser, Lilly, Love, Lower, Lucido, Marino, Moss, Neeley, Noble, Pagan, Peterson, Reilly, Rendon, Robinson, Sabo, Schor, Scott, Sheppard, Singh, Sneller, Sowerby, Vaupel, VerHeulen, Victory, Webber, Whiteford, Wittenberg and Yanez were named co‑sponsors of the bill.

Senate Bill No. 213, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16285 and 16287 (MCL 333.16285 and 333.16287), as added by 2016 PA 359.

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

Roll Call No. 54 Yeas—104

Afendoulis Garcia Kosowski Rendon

Albert Gay-Dagnogo LaFave Roberts

Alexander Geiss LaGrand Robinson

Allor Glenn LaSata Runestad

Bellino Graves Lasinski Sabo

Bizon Green Lauwers Santana

Brann Greig Leonard Schor

Brinks Greimel Leutheuser Scott

Byrd Griffin Liberati Sheppard

Calley Guerra Lilly Singh

Camilleri Hammoud Love Sneller

Canfield Hauck Lower Sowerby

Chang Hernandez Lucido Tedder

Chatfield Hertel Marino Theis

Chirkun Hoadley Maturen VanderWall

Clemente Hoitenga McCready VanSingel

Cochran Hornberger Miller Vaupel

Cox Howell Moss VerHeulen

Crawford Hughes Neeley Victory

Dianda Iden Noble Webber

Durhal Inman Pagan Wentworth

Elder Jones Pagel Whiteford

Ellison Kahle Peterson Wittenberg

Faris Kelly Phelps Yanez

Farrington Kesto Rabhi Yaroch

Frederick Kivela Reilly Zemke

Nays—4

Barrett Cole Howrylak Johnson

In The Chair: Chatfield

The question being on agreeing to the title of the bill,

Rep. Lauwers moved to amend the title to read as follows:

A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 16285, 16287, 17210, and 17211 (MCL 333.16285, 333.16287, 333.17210, and 333.17211), sections 16285 and 16287 as added by 2016 PA 359 and sections 17210 and 17211 as amended by 2016 PA 499.

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Lauwers moved that House Bill No. 4329 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

House Bill No. 4329, entitled

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

Roll Call No. 55 Yeas—101

Afendoulis Farrington Kelly Rabhi

Albert Frederick Kesto Reilly

Alexander Gay-Dagnogo Kivela Rendon

Allor Geiss Kosowski Robinson

Barrett Glenn LaFave Sabo

Bellino Graves LaGrand Santana

Bizon Green LaSata Schor

Brann Greig Lasinski Scott

Brinks Greimel Lauwers Sheppard

Byrd Griffin Leonard Singh

Calley Guerra Leutheuser Sneller

Camilleri Hammoud Liberati Sowerby

Canfield Hauck Love Tedder

Chang Hernandez Lower Theis

Chatfield Hertel Lucido VanSingel

Chirkun Hoadley Marino Vaupel

Clemente Hoitenga Maturen VerHeulen

Cochran Hornberger Miller Victory

Cole Howell Moss Webber

Cox Howrylak Neeley Wentworth

Crawford Hughes Noble Whiteford

Dianda Iden Pagan Wittenberg

Durhal Inman Pagel Yanez

Elder Jones Peterson Yaroch

Ellison Kahle Phelps Zemke

Faris

Nays—7

Garcia Lilly Roberts VanderWall

Johnson McCready Runestad

In The Chair: Chatfield

The question being on agreeing to the title of the bill,

Rep. Lauwers moved to amend the title to read as follows:

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

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

“Mr. Speaker and members of the House:

HB 4239, a supplemental appropriations bill for fiscal year 2017, contains three items. The first is the appropriation of $100 million in federal funding designated for Flint due to their emergency declaration. The second is an appropriation of $3 million for needs related to the sinkhole in Macomb County. Finally, the third item is a $1 million appropriation to the Michigan State Capitol Commission for the Mechanical and Engineering Project.

While I am supportive of approving the appropriation of $100 million in federal funding to Flint and the appropriation of $1 million to the Michigan State Capitol Commission, I am not supportive of the $3 million appropriation to Macomb County.

Governor Snyder appointed the 21st Century Infrastructure Commission, which issued a report detailing an infrastructure investment gap that exceeds $60 billion over the next 20 years with an annual investment gap of approximately $4 billion. This gap will need the cooperation of government at all levels. It is critical that Michigan develop and fund a comprehensive plan that addresses the needs of all communities instead of appropriating tax dollars for individual projects throughout the state.

I recognize the nature of the situation occurring in Macomb County and am supportive of the State of Michigan providing an emergency loan of $3 million to meet immediate needs. It sets a dangerous precedent for the State of Michigan to appropriate funds for one individual community when there is a failure in infrastructure at the local level.”

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

“Mr. Speaker and members of the House:

Today, I voted no on a HB 4329, a supplemental appropriation for fiscal year 2016-2017, and I would like to take a moment to explain my thought process in casting this vote.

As written, HB 4329 calls for three supplemental line items in the 2016-2017 budget. First, $100,000,000 in federal pass through funding for water infrastructure improvements related to the emergency declaration from the water crisis in Flint. Second, a $1,000,000 appropriation to the Michigan State Capitol Commission for the Mechanical and Engineering Project. And third, a call for a $3,000,000 appropriation to Macomb County for repairs related to the sinkhole declaration of emergency.

I support providing the necessary $100 million in federal funding for water infrastructure improvements and the $1 million appropriation to the Michigan State Capitol Commission. However, I believe that in allowing for a $3 million appropriation to Macomb County we set a precedent for addressing future potential infrastructure failure at a local level in Michigan.

I understand the difficult situation Macomb County is currently facing. I do believe the state could assist by providing a low cost loan to the county to address their funding challenges in the short term. I also believe it is of the utmost importance to look down the road and keep in mind the imperative functions our state must maintain and ensure we have the resources to do that. If our state continues to fund individual projects with tax dollars without first developing a comprehensive plan to address our infrastructure needs, I believe we are putting our state’s long-term fiscal sustainability in jeopardy.”

______

Rep. Lauwers moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Glenn to the Chair.

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 120, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2015 PA 208.

The Senate has passed the bill.

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

Senate Bill No. 202, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 310c.

The Senate has passed the bill.

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

Communications from State Officers

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

Notices of Filing

Administrative Rules

March 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 Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-005-LR (Secretary of State Filing #17-03-05) on this date at 4:45 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Licensing Qualifications”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 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.

March 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 Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2015-009-LR (Secretary of State Filing #17-03-06) on this date at 4:45 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Liquor Control Commission Beer”.

March 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 Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2015-010-LR (Secretary of State Filing #17-03-07) on this date at 4:45 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Liquor Control Commission Wine”.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Reps. Bellino, Barrett, Hughes, Ellison, Glenn, Sheppard, Kesto, Howell, Chirkun, Byrd, Durhal, Wittenberg, Lucido, Graves and Leutheuser introduced

House Bill No. 4396, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161.

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

Reps. Maturen, Chatfield, Miller, Hauck, Crawford, Pagel, LaFave, Ellison, Kivela, Phelps, Schor, Moss, Byrd, Wittenberg, Hoadley, Pagan, Dianda, Webber, Elder, Roberts, Inman, Howell, Howrylak, Sabo, Lucido, Bellino, Robinson, Chirkun, Faris, LaGrand, Victory, Vaupel, Canfield, Runestad, Barrett, Singh, Greig, Guerra, Camilleri, Brinks, Green, Kosowski, Yanez, Geiss, Cochran, Hammoud, Lasinski, Zemke, Kelly, LaSata, Calley, Leutheuser and Alexander introduced

House Bill No. 4397, entitled

A bill to amend 1973 PA 186, entitled “Tax tribunal act,” by amending section 3 (MCL 205.703), as amended by 2008 PA 125, and by adding section 38.

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

Reps. Neeley, Elder, Sneller, Ellison, Faris and Jones introduced

House Bill No. 4398, 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 read a first time by its title and referred to the Committee on Education Reform.

Reps. Glenn and Kelly introduced

House Bill No. 4399, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” (MCL 423.201 to 423.217) by adding section 12a.

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

Reps. Glenn, Kelly, Schor, Leutheuser, Yaroch, Liberati, Yanez, Sabo, Cochran, Lucido and Hauck introduced

House Bill No. 4400, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 3a (MCL 125.1503a), as amended by 2006 PA 192.

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

Reps. Chirkun, Guerra, Hornberger, Cochran, Hertel, Sabo, Byrd, Phelps, Scott, Lasinski, Hoadley, Dianda, Peterson, Gay-Dagnogo, Leutheuser, Zemke, Geiss, Kahle, Webber, Graves, Kesto, Lucido, Durhal, Elder, Greimel, Pagan, Neeley, Canfield, Brinks, Crawford, Kivela and Sneller introduced

House Bill No. 4401, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43535 (MCL 324.43535), as amended by 2013 PA 108.

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

Reps. Lasinski, Elder, Kivela, Love, Dianda, Yanez, Ellison, Sneller, Sowerby, LaGrand, Gay-Dagnogo, Robinson, Pagan and Lucido introduced

House Bill No. 4402, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30103 (MCL 324.30103), as amended by 2014 PA 253.

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

______

Rep. Pagel moved that the House adjourn.

The motion prevailed, the time being 2:55 p.m.

Associate Speaker Pro Tempore Glenn declared the House adjourned until Thursday, March 23, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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