No. 5

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Tuesday, January 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 Kesto—present Reilly—present

Albert—present Garcia—present Kivela—present Rendon—present

Alexander—present Garrett—excused Kosowski—present Roberts—present

Allor—present Gay-Dagnogo—present LaFave—present Robinson—present

Banks—present Geiss—present LaGrand—present Runestad—present

Barrett—present Glenn—present LaSata—present Sabo—present

Bellino—present Graves—present Lasinski—present Santana—present

Bizon—present Green—present Lauwers—present Schor—present

Brann—present Greig—present Leonard—present Scott—present

Brinks—present Greimel—present Leutheuser—present Sheppard—present

Byrd—present Griffin—present Liberati—present Singh—present

Calley—present Guerra—present Lilly—present Sneller—present

Camilleri—present Hammoud—present Love—present Sowerby—present

Canfield—present Hauck—present Lower—present Tedder—present

Chang—present Hernandez—present Lucido—present Theis—present

Chatfield—present Hertel—present Marino—present VanderWall—present

Chirkun—present Hoadley—present Maturen—present VanSingel—present

Clemente—present Hoitenga—present McCready—present Vaupel—present

Cochran—present Hornberger—present Miller—present VerHeulen—present

Cole—present Howell—present Moss—present Victory—present

Cox—present Howrylak—present Neeley—present Webber—present

Crawford—present Hughes—present Noble—present Wentworth—present

Dianda—present Iden—present Pagan—present Whiteford—present

Durhal—present Inman—present Pagel—present Wittenberg—present

Elder—present Johnson—present Peterson—present Yanez—present

Ellison—present Jones—present Phelps—excused Yaroch—present

Faris—present Kahle—present Rabhi—present Zemke—present

Farrington—present Kelly—present

e/d/s = entered during session

Dr. Herbert B. Robinson, Jr., Pastor of True Love Missionary Baptist Church in Detroit, offered the following invocation:

“Most merciful and Divine Supreme Being, we acknowledge Your presence and infinite wisdom among us.

As this meeting of our trusted officials engages in public service, we sometimes fall short of satisfying every human need and desire, but we still pledge to be reasonable in our decision-making.

We do need You, merciful and Divine One, to govern our thoughts, words and deeds as we humbly accept the challenge to proceed towards what is honorable and pleasing in Your sight.

If we have not achieved the objectives that we have set, it leaves us no room to gloat in our successes. We will continue to work harder on matters of the commonwealth for the good of our great nation. Be with us now and make our nation strong through us and by us is our prayer. Amen.”

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The Speaker called the Speaker Pro Tempore to the Chair.

______

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

The motion prevailed.

Motions and Resolutions

Rep. Kelly offered the following resolution:

House Resolution No. 8.

A resolution to declare January 22-28, 2017, as School Choice Week in the state of Michigan.

Whereas, All children in Michigan should have the right to the highest-quality schools possible; and

Whereas, Citizens across Michigan agree that improving the quality of education and expanding access to highly-effective schools should be issues of importance to our state’s leaders; and

Whereas, Michigan recognizes the critical role that an effective and accountable system of education plays in preparing all children to be successful in a global economy; and

Whereas, There are a multitude of high-quality public schools, public charter schools, and nonpublic schools in the state of Michigan; and

Whereas, Michigan has many outstanding teaching professionals in public, private, and charter schools across the state who are committed to educating children; and

Whereas, The vital cause of education reform is one that transcends ideology and political party affiliation; and

Whereas, Research in Michigan and across the nation demonstrates conclusively that providing parents with multiple schooling options improves academic performance; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 22-28, 2017, as School Choice Week in the state of Michigan. We call this observance to the attention of all our citizens; and be it further

Resolved, That a copy of this resolution be transmitted to the National School Choice Week organization with our highest esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

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

Introduction of Bills

Reps. Cox and Barrett introduced

House Bill No. 4063, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 43a.

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

Reps. Barrett and Cox introduced

House Bill No. 4064, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16b of chapter XVII (MCL 777.16b), as amended by 2008 PA 562.

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

Rep. Pagel introduced

House Bill No. 4065, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 5a (MCL 791.205a), as added by 1996 PA 140.

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

Reps. Tedder and Marino introduced

House Bill No. 4066, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16189; and to repeal acts and parts of acts.

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

Reps. Tedder and Marino introduced

House Bill No. 4067, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), as amended by 2006 PA 161, and by adding sections 17011a and 17511a.

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

Reps. Tedder and Marino introduced

House Bill No. 4068, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7o (MCL 211.7o), as amended by 2006 PA 681.

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

Reps. Tedder and Marino introduced

House Bill No. 4069, 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. Kesto, Graves, Iden, Webber, Hughes and Sheppard introduced

House Bill No. 4070, entitled

A bill to amend 1996 PA 101, entitled “Property rights preservation act,” by amending the title and sections 2 and 4 (MCL 24.422 and 24.424) and by adding section 6.

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

Rep. Kesto introduced

House Bill No. 4071, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 9a of chapter X (MCL 770.9a), as amended by 2004 PA 32.

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

Rep. Kesto introduced

House Bill No. 4072, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2013 PA 216.

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

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

Rep. Kesto introduced

House Bill No. 4073, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411u (MCL 750.411u), as added by 2008 PA 564.

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

Rep. Kesto introduced

House Bill No. 4074, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406u.

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

Reps. Kesto and Tedder introduced

House Bill No. 4075, entitled

A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” by amending section 9 (MCL 45.559), as amended by 2003 PA 281.

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

Rep. Kesto introduced

House Bill No. 4076, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 323.

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

Rep. Kesto introduced

House Bill No. 4077, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 5a.

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

Rep. Kesto introduced

House Bill No. 4078, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 304, 319, 625e, and 625f (MCL 257.304, 257.319, 257.625e, and 257.625f), sections 304 and 319 as amended by 2016 PA 32, section 625e as amended by 1991 PA 104, and section 625f as amended by 2003 PA 61.

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

Rep. Kesto introduced

House Bill No. 4079, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 531 (MCL 436.1531), as amended by 2014 PA 135.

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

Reps. Griffin and Iden introduced

House Bill No. 4080, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1274a (MCL 380.1274a), as amended by 2003 PA 255.

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

Reps. Barrett, Schor and Lucido introduced

House Bill No. 4081, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 12, 13, 14, 15, 16, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a, 432.108, 432.109, 432.110, 432.111b, 432.112, 432.113, 432.114, 432.115, 432.116, and 432.119), sections 2 and 9 as amended by 2008 PA 401, sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and 11b as amended by 2006 PA 427, sections 4, 13, 14, 15, and 16 as amended by 1999 PA 108, and section 19 as amended by 1995 PA 263, by designating sections 1 to 20 as article 1, and by adding article 2; and to repeal acts and parts of acts.

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

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 Wednesday, January 18:

Senate Bill Nos. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, January 24:

Senate Bill Nos. 53 54 55 56 57 58 59 60 61 62 63

Announcements by the Clerk

January 18, 2017

Received from the Auditor General a copy of the:

• Performance audit report on Bottled Water Regulation, Michigan Department of Agriculture and Rural Development and Department of Environmental Quality, January 2017.

Gary L. Randall

Clerk of the House

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Rep. Wentworth moved that the House adjourn.

The motion prevailed, the time being 2:10 p.m.

Associate Speaker Pro Tempore Glenn declared the House adjourned until Wednesday, January 25, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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