No. 77

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Thursday, October 12, 2017.

12:00 Noon.

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—present

Byrd—present Greimel—present Leutheuser—present Sheppard—present

Calley—present Griffin—present Liberati—present Singh—present

Camilleri—present Guerra—present Lilly—present Sneller—present

Canfield—present Hammoud—present Love—present Sowerby—present

Chang—present Hauck—present Lower—present Tedder—present

Chatfield—present Hernandez—present Lucido—present Theis—present

Chirkun—present Hertel—present Marino—present VanderWall—present

Clemente—present Hoadley—present Maturen—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—excused Yaroch—present

Farrington—present Kahle—present Rabhi—present Zemke—present

e/d/s = entered during session

Rev. Dan Scheid, Rector of St. Paul’s Episcopal Church in Flint, offered the following invocation:

“O God, Who created us in Your own image, Who is the fountain of wisdom, Whose will is good, and Whose word is truth:

I ask You to guide and bless the Legislature, Executive, and Courts of this state of Michigan and of our nation, that they may pass, enforce, and interpret laws that are wise and good, to the glory of Your name and the welfare of Your people.

Direct, in our time, I pray, members of the press and the academy, who report and speak where many listen and write what many read; that they may do their part in making the heart of this people wise, its mind sound, and its will just.

Strengthen those who spend their lives establishing equal protection of the law and equal opportunities for all. Grant us grace fearlessly to contend against evil and to make no peace with oppression.

Look with justice, compassion, and mercy upon the people in this state and the community of nations who live with injustice, terror, disease, and death as their constant companions. Have mercy upon us and help us to eliminate our cruelty to these our neighbors.

I give You thanks for the fruits of the earth, the industry of our people, and for the labors of our workers. Make us, I pray, faithful stewards of Your great bounty, for the provision of our necessities and the relief of all who are in need. And grant that every one of us may enjoy a fair portion of the riches of this land.”

______

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

The motion prevailed.

Motions and Resolutions

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

House Resolution No. 177.

A resolution of tribute offered as a memorial for John Kivela, member of the House of Representatives.

Whereas, The members of this legislative body were shocked and saddened to learn of the tragic passing of their colleague and friend, Representative John Kivela. A champion for the Upper Peninsula and a strong advocate for working people and small businesses, Representative Kivela believed in the power of people working together for the greater good of our state; and

Whereas, John Kivela was an active member of his community, where he acquired the skills that would make him an effective legislator. He worked for years in his family’s auto repair and distributor business and would later go on to be general manager of a used car dealership. Along the way, he learned the importance of building trust and relationships to resolve problems. After serving on a local board of zoning appeals, he was elected a Marquette city commissioner in 2006 and then mayor in 2008, overseeing a period of strong economic development in the city. In 2012, he was elected for the first time to the Michigan House of Representatives; and

Whereas, Representative Kivela was an effective and well-respected legislator who worked tirelessly for the residents of the One Hundred Ninth House District. Charming, authentic, and kind, he built strong partnerships on both sides of the aisle to craft bipartisan solutions to illegal methamphetamine use and other pressing problems of our state. During his tenure, he served as minority vice-chair of the Natural Resources Committee and as a member of the Agriculture, Criminal Justice, Energy Policy, and Tourism committees. He always ensured that the voices of Michigan’s Upper Peninsula residents were heard; and

Whereas, John Kivela left a lasting legacy on our state, this legislative body, and his community both in his accomplishments and his manner. He was a dedicated public servant, but more importantly, a loving husband and father. We offer our deepest condolences to his wife, Sandy, and children, Shelby and Andrew. May they take some solace in knowing that he made this legislative body and our state a better place and he will be missed; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of John Kivela, a member of this legislative body from 2013 to 2017; and be it further

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

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

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

Reps. Hughes, Clemente, Crawford, Ellison, Greig, Howrylak, Lasinski, Liberati, Marino, Maturen, Schor and Yaroch offered the following resolution:

House Resolution No. 178.

A resolution to declare October 16-20, 2017, as School Bus Safety Week in the state of Michigan.

Whereas, Riding on a school bus is arguably the most efficient and safest forms of transportation for schoolchildren as they are transported to and from school or school-related events; and

Whereas, One school bus replaces 44 automobiles on the highway, which reduces crashes, air pollution, and fuel consumption; and

Whereas, Studies indicate schoolchildren are 9 times more likely to be fatally or seriously injured while riding with an adult and 44 times more likely to be fatally or seriously injured when riding with a teenager to or from school than riding on a school bus; and

Whereas, There are 824 school bus fleets in the state of Michigan, ranging in size from 1 to 300 school buses. These fleets service both public and private schools, with the average size fleet being 18 buses; and

Whereas, Approximately 20,000 highly trained school bus drivers safely transport school children on a daily basis. These drivers undergo basic and advanced driver training, performance testing, fingerprinting, continuous driver record and criminal background checks, random alcohol & drug testing, and biennial medical examinations; and

Whereas, There are nearly 17,000 school buses in service across our state, and all school buses must follow a rigorous local maintenance program and an annual Michigan State Police 190 point performance and safety inspection; and

Whereas, Michigan law requires motorists to prepare to stop when a school bus displays its overhead alternately flashing amber lights and to stop when a school bus displays its overhead alternately flashing red lights. Further, when a school bus displays its hazard amber flashing lights, a motorist should proceed slowly and with caution while passing; and

Whereas, Approximately 636,000 early childhood, primary, and secondary students plus 36,000 special needs schoolchildren ride to and from school each day; and

Whereas, Nearly 900,000 miles are logged each day by school buses, with the average bus travelling between 72 miles and 136 miles a day, and between 13,000 and 25,000 miles each year; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 16-20, 2017, as School Bus Safety Week in the state of Michigan; and be it further

Resolved, That we recognize the importance and good work of all involved in safely transporting children to and from school each day; and be it further

Resolved, That a copy of this resolution be transmitted to Secretary of State Ruth Johnson.

The question being on the adoption of the resolution,

Rep. Hughes moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 178.

A resolution to declare October 16-20, 2017, as School Bus Safety Week in the state of Michigan.

Whereas, Riding on a school bus is arguably the most efficient and safest forms of transportation for schoolchildren as they are transported to and from school or school-related events; and

Whereas, One school bus replaces 44 automobiles on the highway, which reduces crashes, air pollution, and fuel consumption; and

Whereas, Approximately over 636,000 early childhood, primary, and secondary students plus 36,000 special needs schoolchildren ride to and from school each day; and

Resolved by the House of Representatives, That the members of this legislative body declare October 16-20, 2017, as School Bus Safety Week in the state of Michigan; and be it further

Resolved, That we recognize the importance and good work of all involved in safely transporting children to and from school each day; and be it further

Resolved, That a copy of this resolution be transmitted to Secretary of State Ruth Johnson.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Bellino, Clemente, Crawford, Ellison, Greig, Lasinski, Marino, Maturen, Schor and Yaroch offered the following resolution:

House Resolution No. 179.

A resolution to declare October 15, 2017, as Ronald McDonald House Charities Global Day of Change in the state of Michigan.

Whereas, Ronald McDonald House Charities of Michigan supports programs that directly improve the health and well-being of children and their families throughout the state; and

Whereas, Ronald McDonald Houses in Grand Rapids, Lansing, Ann Arbor, and Detroit provide lodging, meals, and support to families with children receiving treatment at local hospitals and medical centers; and

Whereas, Ronald McDonald Family Rooms offer parents a place to rest and regroup inside hospitals while remaining near their child; and

Whereas, Ronald McDonald House Charities of Michigan strives to create a community where children and their families embrace life and healing with a sense of hope, enthusiasm, courage, and joy; and

Whereas, Ronald McDonald House Charities of Michigan will participate in the Ronald McDonald House Charities Global Day of Change on October 15, 2017, which commemorates the opening of the very first Ronald McDonald House on October 15, 1974; and

Whereas, Spare change dropped in donation boxes helped raise $28 million last year in the United States for Ronald McDonald House Charities and the families they serve; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 15, 2017, as Ronald McDonald House Charities Global Day of Change in the state of Michigan. We congratulate Ronald McDonald House Charities of Michigan on its success and continued growth to support the children.

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

House Bill No. 4574, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 675 (MCL 257.675), as amended by 2013 PA 247.

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

Roll Call No. 311 Yeas—107

Afendoulis Frederick Kelly Rendon

Albert Garcia Kesto Roberts

Alexander Garrett Kosowski Robinson

Allor Gay-Dagnogo LaFave Runestad

Barrett Geiss LaGrand Sabo

Bellino Glenn LaSata Santana

Bizon Graves Lasinski Schor

Brann Green Lauwers Scott

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 Rabhi Zemke

Farrington Kahle Reilly

Nays—0

In The Chair: Tedder

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.

Second Reading of Bills

House Bill No. 4735, entitled

A bill to amend 1996 PA 160, entitled “Postsecondary enrollment options act,” by amending section 3 (MCL 388.513), as amended by 2012 PA 131.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Education Reform,

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

Rep. Miller moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Senate Bill No. 98, entitled

A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending section 4 (MCL 390.1664), as added by 2016 PA 9.

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

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

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

The motion prevailed.

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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 Wednesday, October 11, for his approval of the following bill:

Enrolled House Bill No. 4424 at 4:33 p.m.

The Clerk announced that the following bills and joint resolution had been reproduced and made available electronically on Wednesday, October 11:

House Bill Nos. 5082 5083 5084 5085 5086 5087 5088 5089 5090

House Joint Resolution X

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, October 12:

Senate Bill Nos. 628 629 630 631

The Clerk announced that the following Senate bill had been received on Thursday, October 12:

Senate Bill No. 509

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 12, 2017

Present: Reps. Kelly, Hornberger, Crawford, Garcia, Roberts, Alexander, Griffin, Lilly, Noble, Reilly, Zemke, Brinks, Chang, Camilleri and Sowerby

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 12, 2017

Present: Reps. Rendon, Noble, McCready, Hughes, Roberts, Farrington, Kahle, Liberati, Robinson, Gay-Dagnogo and Ellison

Messages from the Senate

House Bill No. 4999, entitled

A bill to prohibit local units of government from imposing an excise tax on the manufacture, distribution, or sale of food.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

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.

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.

Introduction of Bills

Rep. Kahle introduced

House Bill No. 5091, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 711 (MCL 206.711), as amended by 2016 PA 158.

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

Rep. Lilly introduced

House Bill No. 5092, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 131 (MCL 38.1431), as amended by 2017 PA 92.

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

Rep. LaFave introduced

House Bill No. 5093, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 84b (MCL 38.1384b), as amended by 2012 PA 359.

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

Rep. Bellino introduced

House Bill No. 5094, entitled

A bill to amend 2013 PA 229, entitled “Security freeze act,” by amending the title and sections 11, 14, 17, 21, 23, and 31 (MCL 445.2521, 445.2524, 445.2527, 445.2531, 445.2533, and 445.2541).

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

Reps. Lauwers, Barrett, Hernandez, Frederick, Marino, Victory, Bellino, Hornberger, Cole, Allor, Glenn, Roberts and VanderWall introduced

House Bill No. 5095, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3112 (MCL 324.3112), as amended by 2005 PA 33.

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

Reps. Phelps, Hoitenga and Griffin introduced

House Bill No. 5096, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” (MCL 280.1 to 280.630) by adding section 422b.

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

Reps. Griffin, Hoitenga, Iden and Phelps introduced

House Bill No. 5097, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 19b of chapter IV (MCL 224.19b), as amended by 2016 PA 456.

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

Reps. Hoitenga, Griffin and Phelps introduced

House Bill No. 5098, entitled

A bill to amend 1925 PA 368, entitled “An act to prohibit obstructions and encroachments on public highways, to provide for the removal thereof, to prescribe the conditions under which telegraph, telephone, power, and other public utility companies, cable television companies and municipalities may enter upon, construct and maintain telegraph, telephone, power or cable television lines, pipe lines, wires, cables, poles, conduits, sewers and like structures upon, over, across or under public roads, bridges, streets and waters and to provide penalties for the violation of this act,” by amending section 13 (MCL 247.183), as amended by 2005 PA 103.

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

Rep. Hoitenga introduced

House Bill No. 5099, entitled

A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” (MCL 141.421 to 141.440a) by adding section 13b.

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

Reps. Hughes, Marino, Lucido, Reilly and Gay-Dagnogo introduced

House Bill No. 5100, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 225 (MCL 257.225), as amended by 2014 PA 26.

The bill was read a first time by its title and referred to the Committee on Tourism and Outdoor Recreation.

Reps. Bizon, Canfield, Webber, Lasinski, Frederick, Chirkun, LaGrand, Moss, Brinks, Camilleri, Wittenberg, Chang, Ellison, Green, Sabo, Liberati, Sneller, Sowerby, Pagan, Faris, Byrd, Yaroch, Hammoud, Scott, Geiss, Greimel, Zemke, Robinson and Gay-Dagnogo introduced

House Bill No. 5101, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3151 and 3153 (MCL 500.3151 and 500.3153) and by adding section 3151a.