No. 10

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Thursday, February 2, 2017.

12:00 Noon.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Afendoulis—present Frederick—present Kesto—excused 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—excused 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—present Yaroch—present

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

Farrington—present Kelly—present

e/d/s = entered during session

Rev. Mark Peacock, Pastor of St. Patrick Parish in Parnell, offered the following invocation:

“In the name of the Father, and of the Son, and of the Holy Spirit. Amen.

Almighty and eternal God, You have revealed Your glory to all nations. God of power and might, wisdom and justice, through You authority is rightly administered, laws are enacted, and judgment is decreed.

Let the light of Your divine wisdom direct the deliberations of our House of Representatives, and shine forth in all the proceedings and laws framed for our rule and government. May they seek to promote prosperity and justice for all who live in our beautiful state.

We ask for Your continued blessing upon these Representatives and all who serve in public office. We ask this through Christ our Lord. Amen.

In the name of the Father, and of the Son, and of the Holy Spirit.”

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Rep. Lauwers moved that Rep. Kesto be excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Motions and Resolutions

Reps. Hughes, Kelly, Garcia, Calley, Crawford, Allor, Whiteford, Faris, Leutheuser, Bellino, Hoitenga, Ellison, Sneller, Griffin, Farrington, Alexander, Brinks, Greig, Lasinski, Sabo, Gay-Dagnogo, Lilly, Wentworth, LaFave, Robinson, Jones, Santana, Chirkun, Geiss, Love, Chang, Pagan, Hoadley, Green, Schor, Clemente, Guerra, Kahle, Yaroch, Cox, Rendon, LaSata, Hornberger, Theis, Bizon, Reilly, Lucido, Albert, Marino, Sheppard, VanSingel, Vaupel, Barrett, Tedder, Glenn, Moss, Singh and Sowerby offered the following resolution:

House Resolution No. 17.

A resolution to declare February 2017 as Heart Month and February 3, 2017, as Go Red for Women Day in the state of Michigan.

Whereas, Heart disease is the number one killer of women, but eighty percent of cardiac events can be prevented; and

Whereas, Cardiovascular diseases cause one in three women’s deaths each year, killing approximately one woman every minute; and

Whereas, An estimated 44 million women in the United States are affected by cardiovascular diseases; and

Whereas, Ninety percent of women have one or more risk factors for developing heart disease, yet only one in five American women believe that heart disease is her greatest health threat. Since 1984, more women than men have died from heart disease, yet women comprise only 24 percent of participants in all heart-related studies; and

Whereas, Women are less likely to call 911 for themselves when experiencing symptoms of a heart attack than they are if someone else were having a heart attack; and

Whereas, Only 43 percent of African American women and 44 percent of Hispanic women know that heart disease is their greatest health risk, compared with 60 percent of Caucasian women.

Whereas, Women involved in the American Heart Association’s Go Red For Women movement live heathier lives, with nearly ninety percent having made at least one healthy behavioral change; and

Whereas, Go Red for Women is asking all Americans to “Go Red” by wearing red and speaking red: Get Your Numbers – ask your doctor to check your blood pressure and cholesterol; Own Your Lifestyle – stop smoking, lose weight, exercise and eat healthy; Raise Your Voice – advocate for more women related research and education; Educate Your Family – make healthy food choices for you and your family, and teach your kids the importance of staying active; Don’t Be Silent – tell every woman you know that heart disease is their No. 1 killer; and Raise Your Voice at GoRedForWomen.Org; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 2017 as Heart Month and February 3, 2017, as Go Red for Women Day in the state of Michigan; and be it further

Resolved, That we urge all citizens to show their support for women and the fight against heart disease by commemorating this day by the wearing of the color red, increasing awareness, speaking up about heart disease, and empowering women to reduce their risk for cardiovascular disease. By doing so, we can save thousands of lives each year.

The question being on the adoption of the resolution,

The resolution was adopted.

Introduction of Bills

Reps. Kosowski, Iden and Sheppard introduced

House Bill No. 4143, entitled

A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” (MCL 28.1 to 28.16) by adding section 15a.

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

Reps. Iden, Kosowski and Sheppard introduced

House Bill No. 4144, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277.

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

Reps. Sheppard, Iden and Kosowski introduced

House Bill No. 4145, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1241.

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

Reps. Chirkun, Dianda, Peterson, Robinson, Scott, Durhal, Zemke, Liberati, Hammoud, Greig, Yanez, Sabo, Hertel, Wittenberg, Ellison, Rabhi, Brinks, Pagan, Moss, Lasinski, Greimel, Elder, Schor, Guerra, Sowerby, LaGrand, Faris, Camilleri, Kivela, Green, Byrd, Geiss and Gay-Dagnogo introduced

House Bill No. 4146, 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,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414.

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

Reps. Cochran, Robinson, Dianda, Neeley, Camilleri, Pagan, Lasinski, Greig, Geiss, Kivela, Elder, Hertel, Schor, Hammoud, Liberati, Sneller, Greimel, LaGrand, Byrd, Scott, Durhal, Zemke, Moss, Sowerby, Rabhi, Green and Love introduced

House Bill No. 4147, entitled

A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; to make appropriations; and to prescribe means of enforcement and penalties for violations of this act,” by amending sections 1, 2, 8, 14, 17, and 22 (MCL 423.1, 423.2, 423.8, 423.14, 423.17, and 423.22), as amended by 2012 PA 348.

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

Reps. Chatfield, Howell, Alexander, Allor, Bellino, Griffin, Yaroch, VanderWall, Moss, Hoitenga, Hauck, Schor, Faris, Elder, Camilleri, Lucido, Lasinski, Banks, Hammoud, Yanez, Sabo, Greig, Green, Bizon, Marino, Jones, Greimel, Brinks, Geiss, Barrett, Wittenberg, Liberati, Cox, Tedder, LaGrand, Byrd, Cochran, Zemke, Hertel, Chang, Rabhi, Singh, Howrylak, Hoadley, Hornberger, Glenn, Wentworth, Ellison, Sneller, Lower, Iden, Guerra, Sheppard, Frederick, Sowerby, Miller, Theis, Gay-Dagnogo, Hughes, Inman, Rendon, Farrington and LaFave introduced

House Bill No. 4148, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 13 (MCL 15.243), as amended by 2006 PA 482.

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

Reps. Moss, Howell, Allor, Alexander, Kahle, Bellino, Griffin, Yaroch, VanderWall, Hoitenga, Hauck, Schor, Faris, Elder, Camilleri, Chatfield, Lucido, Lasinski, Banks, Hammoud, Yanez, Sabo, Greig, Green, Bizon, Marino, Brinks, Jones, Geiss, Barrett, Wittenberg, Liberati, Cox, Tedder, LaGrand, Byrd, Cochran, Zemke, Hertel, Chang, Rabhi, Singh, Howrylak, Hoadley, Hornberger, Glenn, Wentworth, Ellison, Sneller, Lower, Iden, Guerra, Sowerby, Miller, Sheppard, Theis, Gay-Dagnogo, Hughes, Inman, Rendon, Farrington, Greimel, Frederick and LaFave introduced

House Bill No. 4149, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 1 and 2 (MCL 15.231 and 15.232), section 1 as amended by 1997 PA 6 and section 2 as amended by 1996 PA 553, and by designating part 1.

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

Reps. VanderWall, Howell, Allor, Griffin, Alexander, Kahle, Bellino, Moss, Hoitenga, Yaroch, Hauck, Schor, Faris, Elder, Camilleri, Chatfield, Lasinski, Lucido, Hammoud, Banks, Bizon, Yanez, Sabo, Greig, Green, Marino, Brinks, Jones, Barrett, Cox, Tedder, Geiss, Byrd, Wittenberg, Liberati, LaGrand, Cochran, Hertel, Chang, Rabhi, Zemke, Howrylak, Singh, Hoadley, Hornberger, Glenn, Lower, Wentworth, Sowerby, Miller, Sneller, Ellison, Iden, Guerra, Sheppard, Theis, Gay-Dagnogo, Hughes, Inman, Rendon, Farrington, Greimel and Frederick introduced

House Bill No. 4150, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding part 2.

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

Reps. Allor, Howell, Griffin, Alexander, Kahle, Bellino, VanderWall, Moss, Hoitenga, Yaroch, Hauck, Schor, Faris, Elder, Camilleri, Chatfield, Lasinski, Lucido, Hammoud, Banks, Bizon, Yanez, Sabo, Greig, Green, Marino, Brinks, Jones, Barrett, Cox, Tedder, Geiss, Byrd, Wittenberg, Liberati, LaGrand, Cochran, Hertel, Chang, Zemke, Rabhi, Howrylak, Singh, Hoadley, Hornberger, Glenn, Lower, Wentworth, Sowerby, Ellison, Miller, Sneller, Iden, Guerra, Theis, Sheppard, Gay-Dagnogo, Hughes, Inman, Rendon, Farrington, Frederick and LaFave introduced

House Bill No. 4151, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 54.

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

Reps. LaFave, Howell, Allor, Griffin, Alexander, Kahle, Bellino, VanderWall, Moss, Hoitenga, Yaroch, Hauck, Schor, Faris, Elder, Camilleri, Chatfield, Lasinski, Lucido, Hammoud, Banks, Bizon, Yanez, Sabo, Greig, Green, Sneller, Brinks, Marino, Jones, Barrett, Cox, Tedder, Geiss, Byrd, Wittenberg, Liberati, Cochran, LaGrand, Hertel, Zemke, Chang, Rabhi, Howrylak, Singh, Hoadley, Hornberger, Glenn, Lower, Wentworth, Ellison, Sowerby, Miller, Iden, Guerra, Theis, Sheppard, Gay-Dagnogo, Hughes, Inman, Rendon, Farrington, Greimel and Frederick introduced

House Bill No. 4152, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 55.

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

Reps. Hauck, Alexander, Bellino, Kahle, VanderWall, Moss, Hoitenga, Yaroch, Schor, Faris, Elder, Camilleri, Chatfield, Lasinski, Lucido, Hammoud, Banks, Bizon, Yanez, Sabo, Greig, Green, Marino, Jones, Barrett, Cox, Brinks, Tedder, Geiss, Liberati, Byrd, Wittenberg, Cochran, LaGrand, Zemke, Hertel, Chang, Rabhi, Howrylak, Singh, Hoadley, Hornberger, Glenn, Lower, Wentworth, Ellison, Sowerby, Miller, Sneller, Sheppard, Guerra, Theis, Frederick, Gay-Dagnogo, Hughes, Inman, Rendon, Farrington, Greimel and LaFave introduced

House Bill No. 4153, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 56, 57, 58, and 59.

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

Reps. Iden, Howell, Allor, Griffin, Alexander, Kahle, Bellino, VanderWall, Moss, Yaroch, Hauck, Schor, Faris, Elder, Camilleri, Chatfield, Lasinski, Lucido, Hammoud, Banks, Bizon, Greig, Yanez, Sabo, Green, Marino, Brinks, Jones, Barrett, Cox, Tedder, Wittenberg, Liberati, Geiss, Byrd, Cochran, LaGrand, Zemke, Hertel, Chang, Rabhi, Singh, Howrylak, Hoadley, Hornberger, Glenn, Lower, Wentworth, Ellison, Sowerby, Miller, Sneller, Sheppard, Guerra, Theis, Gay-Dagnogo, Hughes, Inman, Rendon, Farrington, Greimel and Frederick introduced

House Bill No. 4154, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 59a and 59b.

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

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

Reps. Bellino, Howell, Allor, Alexander, Griffin, Kahle, VanderWall, Moss, Hoitenga, Yaroch, Hauck, Schor, Faris, Elder, Camilleri, Chatfield, Lasinski, Lucido, Banks, Hammoud, Yanez, Sabo, Greig, Green, Bizon, Brinks, Marino, Jones, Barrett, Leutheuser, Cox, Wittenberg, Liberati, Tedder, Geiss, Byrd, LaGrand, Cochran, Hertel, Zemke, Chang, Rabhi, Singh, Howrylak, Hoadley, Hornberger, Glenn, Wentworth, Lower, Ellison, Sneller, Iden, Sowerby, Miller, Sheppard, Theis, Gay-Dagnogo, Hughes, Inman, Rendon, Farrington, Frederick, Greimel and LaFave introduced

House Bill No. 4155, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 59c and 59d.

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

Reps. Lasinski, Howell, Allor, Alexander, Kahle, Bellino, Griffin, Yaroch, VanderWall, Moss, Hoitenga, Hauck, Schor, Faris, Elder, Camilleri, Chatfield, Lucido, Banks, Hammoud, Yanez, Sabo, Greig, Green, Bizon, Marino, Brinks, Jones, Geiss, Barrett, Leutheuser, Cox, Liberati, Wittenberg, Tedder, LaGrand, Byrd, Cochran, Hertel, Zemke, Chang, Rabhi, Singh, Howrylak, Hoadley, Hornberger, Glenn, Wentworth, Lower, Ellison, Sneller, Iden, Frederick, Sowerby, Miller, Sheppard, Theis, Gay-Dagnogo, Hughes, Inman, Rendon, Farrington, Greimel and LaFave introduced

House Bill No. 4156, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 59e and 59f.

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

Reps. Guerra, Howell, Allor, Alexander, Kahle, Bellino, Griffin, Yaroch, VanderWall, Moss, Hoitenga, Hauck, Schor, Faris, Elder, Camilleri, Chatfield, Lucido, Lasinski, Banks, Hammoud, Yanez, Sabo, Greig, Green, Bizon, Brinks, Marino, Jones, Geiss, Barrett, Wittenberg, Liberati, Cox, Tedder, LaGrand, Byrd, Cochran, Zemke, Hertel, Chang, Rabhi, Singh, Howrylak, Hoadley, Hornberger, Glenn, Wentworth, Ellison, Lower, Sneller, Iden, Sowerby, Miller, Sheppard, Theis, Gay-Dagnogo, Hughes, Inman, Rendon, Farrington, Greimel, Frederick and LaFave introduced

House Bill No. 4157, entitled

A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending section 104a (MCL 4.1104a), as amended by 2013 PA 241.

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

Rep. Lucido introduced

House Bill No. 4158, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 7521a and 7521b.

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

Reps. Howrylak, Hughes, Kesto, LaGrand, Lucido, Marino, Robinson, Ellison and Wittenberg introduced

House Bill No. 4159, 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. Hernandez, Lucido, Canfield, Frederick, Noble, Brann and Sabo introduced

House Bill No. 4160, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 676b (MCL 257.676b).

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

Rep. Barrett introduced

House Joint Resolution D, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article IX, to require that all local school districts receive the same amount of total state and local per pupil revenue for school operating purposes.

The joint resolution was read a first time by its title and referred to the Committee on Appropriations.

Rep. Barrett introduced

House Joint Resolution E, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article IX, to revise the permissible uses for the state school aid fund.

The joint resolution was read a first time by its title and referred to the Committee on Appropriations.

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Rep. Theis 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 that the following bills had been reproduced and made available electronically on Wednesday, February 1:

House Bill Nos. 4136 4137 4138 4139 4140 4141 4142

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, February 2:

Senate Bill Nos. 96 97 98 99 100 101 102

The Clerk announced that the following Senate bills had been received on Thursday, February 2:

Senate Bill Nos. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 50

Messages from the Senate

House Concurrent Resolution No. 1.

A concurrent resolution to approve an extension of the state of emergency in the county of Macomb and the township of Clinton.

(For text of concurrent resolution, see House Journal No. 8, p. 79.)

The Senate has adopted the concurrent resolution and named Senators Bieda, Hansen, Hopgood, Kowall, Marleau, Nofs, Rocca, Schmidt and Schuitmaker as co‑sponsors.

The concurrent resolution was referred to the Clerk for record.

Senate Bill No. 5, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter I (MCL 761.1), as amended by 2007 PA 20, and by adding section 21a to chapter XVI.

The Senate has passed the bill.