No. 74

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Thursday, October 5, 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 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—present Yaroch—present

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

e/d/s = entered during session

Rep. Bettie Cook Scott, from the 2nd District, offered the following invocation:

“Almighty God the creator of all humankind and the great superintendent of the affairs of the world. We give You hearty thanks for leading our forefathers and mothers to seek freedom and dignity for all.

Forgive those who sow seeds of discord and suspicion for selfish and political reasons under the disguise of social justice. May no member of any group, whether in the minority or majority, ask for privileges they do not deserve. Lift up the lowly that all will be on common ground.

Deliver us, O Lord, from any foolishness that prevents us from maintaining sound government with just laws, good education and environmental protection, in which our society can breathe the fresh air of freedom.

Incline all hearts to cultivate a spirit of goodness, a high sense of honor and good virtues of conduct which makes this State a contributor to the great union.

Help all of us who call Michigan our home, be part of the solution and not part of the problems of this challenging time. We pray for the persons in the vanguard of preserving the principles of democracy. Help us to be just and fair-minded in all our relationships.

We pray for our President and for all those in positions of authority, lead them in the paths of useful leadership, that their decisions will result in elevation of the common good.

We humbly pray that we may continue to be blessed by Your daily supervision and afford Your daily mercies.

Amen.”

Motions and Resolutions

Reps. Sneller, Ellison, Faris, Brinks, Neeley, Rabhi, Sabo, Peterson, Cochran, Dianda, Chirkun, Gay-Dagnogo, Clemente, Phelps, Greimel, Chang, Sowerby, Byrd, Hammoud, Elder, LaGrand, Durhal, Greig, Frederick, Graves, Santana, Love, Lucido, Hoadley, Hertel, Green, Lasinski, Camilleri, Singh, Liberati, Rendon, Miller, Kosowski, Calley, Canfield, Crawford, Howrylak, Kahle, Maturen, Pagan, Schor, Webber, Wittenberg and Zemke offered the following resolution:

House Resolution No. 170.

A resolution to declare October 2017 as Disability Employment Awareness Month in the state of Michigan.

Whereas, In Michigan, only about 19% of people with intellectual and developmental disabilities are employed; and

Whereas, People with developmental disabilities in Michigan share with the rest of the state’s nearly 10 million residents the right to work in competitive, integrated work environments with needed supports, while making minimum wage; and

Whereas, It has been more than 70 years since Congress designated a week in October, which has culminated into National Disability Employment Awareness Month with the 2017 theme being “Employment First for Michigan”; and

Whereas, Every person should be seen for their ability and not disability with valuable strengths and the potential to make important contributions to their local communities; and

Whereas, By promoting opportunities for all citizens with disabilities in Michigan, gaining individual integrated employment, and engaging businesses to value the contributions that employees with disabilities bring to their organization, we will enhance the employment landscape and enable Michigan to compete with other states to bring in high-demand businesses and jobs; and

Whereas, Disability Employment Awareness Month is an appropriate time to recognize Michigan’s employment accomplishments concerning persons with disabilities in integrated environments and to make sure all of Michigan’s citizens with intellectual and developmental disabilities are included; and

Whereas, Celebrating the abilities and contributions of people with developmental disabilities can only serve to enrich the communities of Michigan and enhance our diversity; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 2017 as Disability Employment Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Vaupel, Canfield, Clemente, Cochran, Crawford, Ellison, Faris, Green, Greig, Howrylak, Kahle, Lasinski, Leutheuser, Liberati, Maturen, Noble, Pagan, Rendon, Sabo, Schor, Sneller, Sowerby, Webber, Wittenberg and Zemke offered the following resolution:

House Resolution No. 171.

A resolution to declare September 2017 as Fetal Alcohol Spectrum Disorders Awareness Month in the state of Michigan.

Whereas, Healthy children are the most important resource in the great state of Michigan and Fetal Alcohol Spectrum Disorders (FASD) pose a serious threat to the potential health of our future generations; and

Whereas, More than 30 years have passed since Fetal Alcohol Syndrome (FAS) was identified and named as a birth disorder by United States researchers; and

Whereas, Prenatal exposure to alcohol can cause birth defects, mental disorders, learning disabilities, and attention deficits; and

Whereas, The estimated number of FASD per year is over 30,000; and

Whereas, The incidence rate of full FAS is estimated at 1 out of every 1,000 live births and the incidence rate of FASD is estimated at 1 out of every 100 live births; and

Whereas, The U.S. Surgeon General recommends there is no safe amount of alcohol to consume during pregnancy and Fetal Alcohol Spectrum Disorders can only be prevented by avoiding alcohol entirely during pregnancy; and

Whereas, Individuals with FASD often have secondary hardships such as trouble with the law, substance abuse issues, disrupted school experiences, employment problems, and homelessness; and

Whereas, FASD is entirely preventable; and

Whereas, People around the world began observing International FAS Awareness Day on September 9 of each year beginning in 1999 in order that on the ninth day of the ninth month of the year the world will remember that a woman should abstain from alcohol during the nine months of pregnancy. Starting in 2015, the month of September was recognized at Fetal Alcohol Spectrum Disorder Month, now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 2017 as Fetal Alcohol Spectrum Disorders Awareness Month in the state of Michigan. We strongly urge all citizens to increase their knowledge of the effects of prenatal exposure to alcohol, to increase their level of compassion for individuals affected by FASD, and to do all which may lie in their power to reduce the incidence of FASD in the state of Michigan in the future.

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

House Bill No. 4821, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3203, 3204, and 3414 (MCL 700.3203, 700.3204, and 700.3414), sections 3204 and 3414 as amended by 2000 PA 54.

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

Roll Call No. 288 Yeas—108

Afendoulis Frederick Kelly Reilly

Albert Garcia Kesto Rendon

Alexander Garrett Kosowski Roberts

Allor Gay-Dagnogo LaFave Robinson

Barrett Geiss LaGrand Runestad

Bellino Glenn LaSata Sabo

Bizon Graves Lasinski Santana

Brann Green Lauwers Schor

Brinks Greig Leonard Scott

Byrd Greimel Leutheuser Sheppard

Calley Griffin Liberati Singh

Camilleri Guerra Lilly Sneller

Canfield Hammoud Love Sowerby

Chang Hauck Lower Tedder

Chatfield Hernandez Lucido Theis

Chirkun Hertel Marino VanderWall

Clemente Hoadley Maturen VanSingel

Cochran Hoitenga McCready Vaupel

Cole Hornberger Miller VerHeulen

Cox Howell Moss Victory

Crawford Howrylak Neeley Webber

Dianda Hughes Noble Wentworth

Durhal Iden Pagan Whiteford

Elder Inman Pagel Wittenberg

Ellison Johnson Peterson Yanez

Faris Jones Phelps Yaroch

Farrington Kahle 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.

______

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

House Bill No. 4822, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3705, 3715, and 3721 (MCL 700.3705, 700.3715, and 700.3721), sections 3705 and 3715 as amended by 2009 PA 46.

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

Roll Call No. 289 Yeas—108

Afendoulis Frederick Kelly Reilly

Albert Garcia Kesto Rendon

Alexander Garrett Kosowski Roberts

Allor Gay-Dagnogo LaFave Robinson

Barrett Geiss LaGrand Runestad

Bellino Glenn LaSata Sabo

Bizon Graves Lasinski Santana

Brann Green Lauwers Schor

Brinks Greig Leonard Scott

Byrd Greimel Leutheuser Sheppard

Calley Griffin Liberati Singh

Camilleri Guerra Lilly Sneller

Canfield Hammoud Love Sowerby

Chang Hauck Lower Tedder

Chatfield Hernandez Lucido Theis

Chirkun Hertel Marino VanderWall

Clemente Hoadley Maturen VanSingel

Cochran Hoitenga McCready Vaupel

Cole Hornberger Miller VerHeulen

Cox Howell Moss Victory

Crawford Howrylak Neeley Webber

Dianda Hughes Noble Wentworth

Durhal Iden Pagan Whiteford

Elder Inman Pagel Wittenberg

Ellison Johnson Peterson Yanez

Faris Jones Phelps Yaroch

Farrington Kahle Rabhi Zemke

Nays—0

In The Chair: Glenn

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.

Senate Bill No. 49, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5106 (MCL 700.5106), as amended by 2000 PA 463.

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

Roll Call No. 290 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 Phelps Zemke

Farrington Kahle Reilly

Nays—1

Rabhi

In The Chair: Glenn

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

Senate Bill No. 352, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 9155 and 9156 (MCL 333.9155 and 333.9156), section 9155 as added by 2012 PA 342 and section 9156 as added by 2012 PA 343.

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

Roll Call No. 291 Yeas—104

Afendoulis Frederick Kesto Rendon

Albert Garcia Kosowski Roberts

Alexander Garrett LaFave Robinson

Allor Gay-Dagnogo LaGrand Runestad

Bellino Geiss LaSata Sabo

Bizon Glenn Lasinski Santana

Brann Graves Lauwers Schor

Brinks Green Leonard Scott

Byrd Greig Leutheuser Sheppard

Calley Greimel Liberati Singh

Camilleri Griffin Lilly Sneller

Canfield Guerra Love Sowerby

Chang Hammoud Lower Tedder

Chatfield Hauck Lucido Theis

Chirkun Hernandez Marino VanderWall

Clemente Hertel Maturen VanSingel

Cochran Hoadley McCready Vaupel

Cole Hoitenga Miller VerHeulen

Cox Hornberger Moss Victory

Crawford Howell Neeley Webber

Dianda Howrylak Noble Wentworth

Durhal Hughes Pagan Whiteford

Elder Iden Pagel Wittenberg

Ellison Inman Peterson Yanez

Faris Jones Phelps Yaroch

Farrington Kahle Rabhi Zemke

Nays—4

Barrett Johnson Kelly Reilly

In The Chair: Glenn

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“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,”

The House agreed to the full title.

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

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

House Bill No. 4811, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 3119 and 7112 (MCL 289.3119 and 289.7112), section 3119 as amended by 2016 PA 188 and section 7112 as added by 2012 PA 178.

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

Roll Call No. 292 Yeas—108

Afendoulis Frederick Kelly Reilly

Albert Garcia Kesto Rendon

Alexander Garrett Kosowski Roberts

Allor Gay-Dagnogo LaFave Robinson

Barrett Geiss LaGrand Runestad

Bellino Glenn LaSata Sabo

Bizon Graves Lasinski Santana

Brann Green Lauwers Schor

Brinks Greig Leonard Scott

Byrd Greimel Leutheuser Sheppard

Calley Griffin Liberati Singh

Camilleri Guerra Lilly Sneller

Canfield Hammoud Love Sowerby

Chang Hauck Lower Tedder

Chatfield Hernandez Lucido Theis

Chirkun Hertel Marino VanderWall

Clemente Hoadley Maturen VanSingel

Cochran Hoitenga McCready Vaupel

Cole Hornberger Miller VerHeulen

Cox Howell Moss Victory

Crawford Howrylak Neeley Webber

Dianda Hughes Noble Wentworth

Durhal Iden Pagan Whiteford

Elder Inman Pagel Wittenberg

Ellison Johnson Peterson Yanez

Faris Jones Phelps Yaroch

Farrington Kahle Rabhi Zemke

Nays—0

In The Chair: Glenn

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 2000 PA 92, entitled “Food law,” by amending sections 3119, 4103, and 7112 (MCL 289.3119, 289.4103, and 289.7112), section 3119 as amended by 2016 PA 188 and section 4103 as amended and section 7112 as added by 2012 PA 178.

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.

House Bill No. 4812, entitled

A bill to amend 1975 PA 120, entitled “Feed law,” by amending sections 3, 4, 5, 6, 13, and 14 (MCL 287.523, 287.524, 287.525, 287.526, 287.533, and 287.534), as amended by 2015 PA 83.

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

Roll Call No. 293 Yeas—108

Afendoulis Frederick Kelly Reilly

Albert Garcia Kesto Rendon

Alexander Garrett Kosowski Roberts

Allor Gay-Dagnogo LaFave Robinson

Barrett Geiss LaGrand Runestad

Bellino Glenn LaSata Sabo

Bizon Graves Lasinski Santana

Brann Green Lauwers Schor

Brinks Greig Leonard Scott

Byrd Greimel Leutheuser Sheppard

Calley Griffin Liberati Singh

Camilleri Guerra Lilly Sneller

Canfield Hammoud Love Sowerby

Chang Hauck Lower Tedder

Chatfield Hernandez Lucido Theis

Chirkun Hertel Marino VanderWall

Clemente Hoadley Maturen VanSingel

Cochran Hoitenga McCready Vaupel

Cole Hornberger Miller VerHeulen

Cox Howell Moss Victory

Crawford Howrylak Neeley Webber

Dianda Hughes Noble Wentworth

Durhal Iden Pagan Whiteford

Elder Inman Pagel Wittenberg

Ellison Johnson Peterson Yanez

Faris Jones Phelps Yaroch

Farrington Kahle Rabhi Zemke

Nays—0

In The Chair: Glenn

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.

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 bill was read a third time.

The question being on the passage of the bill,

Rep. Geiss moved to amend the bill as follows:

1. Amend page 2, line 1, by striking out all of section 3 and inserting:

“Sec. 3. Except as otherwise provided by federal law or a law of this state, a local unit of government shall not do either of the following:

(a) Impose an excise tax on the manufacture, distribution, wholesale sale, or retail sale of food for immediate consumption or nonimmediate consumption.

(b) Enact, enforce, or administer any ordinance, regulation, resolution, policy, rule, or directive imposing a tax or fee on the manufacture, distribution, wholesale sale, or retail sale of food for immediate consumption or nonimmediate consumption.”.

The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 294 Yeas—101

Afendoulis Frederick Jones Reilly

Albert Garcia Kahle Rendon

Alexander Garrett Kelly Roberts

Allor Gay-Dagnogo Kesto Runestad

Barrett Geiss Kosowski Sabo

Bellino Glenn LaFave Santana

Bizon Graves LaSata Schor

Brann Green Lasinski Scott

Brinks Greig Lauwers Sheppard

Byrd Greimel Leonard Singh

Calley Griffin Leutheuser Sneller

Camilleri Guerra Liberati Sowerby

Canfield Hammoud Lilly Tedder

Chatfield Hauck Love Theis

Chirkun Hernandez Lower VanderWall

Clemente Hertel Lucido VanSingel

Cochran Hoadley Marino Vaupel

Cole Hoitenga Maturen VerHeulen

Cox Hornberger McCready Victory

Crawford Howell Miller Webber

Dianda Howrylak Neeley Wentworth

Durhal Hughes Noble Whiteford

Elder Iden Pagel Yanez

Ellison Inman Peterson Yaroch

Faris Johnson Phelps Zemke

Farrington

Nays—7

Chang Moss Rabhi Wittenberg

LaGrand Pagan Robinson

In The Chair: Glenn

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. Alexander, Barrett, Byrd, Canfield, Chatfield, Cox, Crawford, Dianda, Durhal, Elder, Garrett, Gay-Dagnogo, Greimel, Hauck, Hoitenga, Hornberger, Howell, Jones, LaFave, LaSata, Lasinski, Lauwers, Love, Peterson, Reilly, Rendon, Sabo, Sheppard and Zemke were named co‑sponsors of the bill.

______

Rep. Pagan, 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:

I could not support House Bill 4999 - a bill that would over power local control of our local units of government. I believe in the strength of local elected officials to make the right decisions for their local communities. After all, it is part of our democratic process to elect local officials and operate in good faith they will do right by their community. By passing preemptions laws at the state level, we take away their decision-making authority to do what is best for the residents they seek to serve.”

Second Reading of Bills

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 second time.

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

The motion prevailed.

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.

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

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

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

The motion prevailed.

______

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 that the following bills had been reproduced and made available electronically on Wednesday, October 4:

House Bill Nos. 5056 5057 5058 5059 5060 5061 5062

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, October 5:

Senate Bill Nos. 616 617

The Clerk announced that the following Senate bills had been received on Thursday, October 5:

Senate Bill Nos. 353 552 553 554 555 556 557 558 559 560 561 562 563 564

565

Reports of Standing Committees

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

Senate Bill No. 133, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 18c, 21f, 25e, 31j, 32d, 35a, 61c, 64d, 67a, 95b, 99h, 99r, 99t, 102d, 104c, 107, 147a, and 166b (MCL 388.1611, 388.1618c, 388.1621f, 388.1625e, 388.1631j, 388.1632d, 388.1635a, 388.1661c, 388.1664d, 388.1667a, 388.1695b, 388.1699h, 388.1699r, 388.1699t, 388.1702d, 388.1704c, 388.1707, 388.1747a, and 388.1766b), sections 11, 18c, 31j, 32d, 35a, 61c, 99h, 99t, 102d, 104c, 107, 147a, and 166b as amended and sections 64d, 67a, 95b, and 99r as added by 2017 PA 108, section 21f as amended by 2016 PA 249, and section 25e as amended by 2016 PA 313, and by adding sections 19b, 99u, and 104e.

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

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

Senate Bill No. 253, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies and school aid purposes for the fiscal years ending September 30, 2017 and September 30, 2018; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

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, October 4, 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

The Committee on Education Reform, by Rep. Kelly, Chair, reported

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.

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

Nays: Rep. Reilly

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 5, 2017

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

The Committee on Families, Children, and Seniors, by Rep. Rendon, Chair, reported

House Bill No. 4802, entitled

A bill to amend 1897 PA 180, entitled “An act to provide for the issuance of marriage licenses and certificates without publicity in certain cases; and to provide criminal and civil penalties for violation of this act,” by amending sections 3 and 4 (MCL 551.203 and 551.204).

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

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 5, 2017

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 5, 2017

Present: Reps. Theis, VanderWall, Barrett, Glenn, Runestad, Vaupel, Webber, Bellino, Hoitenga, LaFave, Wentworth, Greimel, Phelps, Gay-Dagnogo, Wittenberg, Hammoud and Lasinski

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Miller, Chair, of the Committee on Elections and Ethics, was received and read:

Meeting held on: Thursday, October 5, 2017

Present: Reps. Miller, Calley, Kesto, Garcia, Webber, Lilly, Guerra, Zemke and Moss

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 5, 2017

Present: Reps. Graves, Howrylak, Iden, Johnson, Hertel and Chirkun

Messages from the Senate

Senate Bill No. 353, entitled

A bill to amend 2015 PA 105, entitled “Local government labor regulatory limitation act,” by amending section 4 (MCL 123.1384).

The Senate has passed the bill.

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

Senate Bill No. 552, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81114 and 81116 (MCL 324.81114 and 324.81116), section 81114 as amended by 2015 PA 77 and section 81116 as amended by 2013 PA 75.

The Senate has passed the bill.

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

Senate Bill No. 553, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24 (MCL 211.24), as amended by 2016 PA 25.

The Senate has passed the bill.

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

Senate Bill No. 554, entitled

A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 913 (MCL 450.1913), as amended by 1989 PA 121.

The Senate has passed the bill.

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

Senate Bill No. 555, entitled

A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 913 (MCL 450.2913), as amended by 2014 PA 557.

The Senate has passed the bill.

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

Senate Bill No. 556, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1428 (MCL 600.1428), as added by 2013 PA 199.

The Senate has passed the bill.

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

Senate Bill No. 557, entitled

A bill to amend 1964 PA 105, entitled “An act to provide for reproduction of records of this state, political subdivisions of this state, and municipal courts of record; and to provide for the use of those reproductions as evidence,” by amending section 1 (MCL 691.1101), as amended by 1992 PA 187.

The Senate has passed the bill.

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

Senate Bill No. 558, entitled

A bill to amend 1957 PA 29, entitled “An act to provide for the disposition of certain files and records in the probate courts of this state,” by amending section 1 (MCL 720.551), as amended by 2015 PA 92.

The Senate has passed the bill.

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

Senate Bill No. 559, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 491 (MCL 750.491).

The Senate has passed the bill.

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

Senate Bill No. 560, entitled

A bill to amend 2008 PA 288, entitled “Legal defense fund act,” by amending section 11 (MCL 15.531).

The Senate has passed the bill.

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

Senate Bill No. 561, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 16 (MCL 169.216), as amended by 2000 PA 50.

The Senate has passed the bill.

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

Senate Bill No. 562, entitled

A bill to amend 1955 PA 10, entitled “Michigan historical markers act,” by amending sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 (MCL 399.151, 399.152, 399.153, 399.154, 399.155, 399.156, 399.157, 399.158, 399.159, and 399.160), sections 1 and 2 as amended and sections 3, 4, 5, 6, 7, 8, 9, and 10 as added by 2002 PA 488.

The Senate has passed the bill.

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

Senate Bill No. 563, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 63502 (MCL 324.63502), as amended by 2001 PA 78.

The Senate has passed the bill.

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

Senate Bill No. 564, entitled

A bill to amend 2016 PA 470, entitled “Michigan historical center act,” by amending the title and sections 1, 2, 3, 7, and 8 (MCL 399.801, 399.802, 399.803, 399.807, and 399.808).

The Senate has passed the bill.

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

Senate Bill No. 565, entitled

A bill to amend 2016 PA 469, entitled “Michigan historical commission act,” by amending sections 2 and 3 (MCL 399.832 and 399.833).

The Senate has passed the bill.

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

Messages from the Governor

The following message from the Governor was received October 5, 2017 and read:

EXECUTIVE ORDER

No. 2017 - 7

DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

DEPARTMENT OF ENVIRONMENTAL QUALITY

DEPARTMENT OF HEALTH AND HUMAN SERVICES

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

EXECUTIVE REORGANIZATION

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and

WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and

WHEREAS, programs, agencies, and services should be placed among the principal departments on a consistent, logical basis in order to ensure the most efficient use of public dollars and more streamlined services.

NOW, THEREFORE, I, Richard D. Snyder, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

As used in this Order:

A. “Department of Agriculture and Rural Development” means the principal department of state government created as the Department of Agriculture under Section 1 of 1921 PA 13, MCL 285.1, and Section 175 of the Executive Reorganization Act of 1965, 1965 PA 380, MCL 16.275, and renamed the Department of Agriculture and Rural Development under Executive Order No. 2011-2, MCL 285.11.

B. “Department of Environmental Quality” means the principal department of state government created as the Department of Environmental Quality under Executive Order No. 2011-1, MCL 324.99921.

C. “Department of Health and Human Services” means the principal department of state government created as the Department of Health and Human Services under Executive Order No. 2015-4, MCL 400.227.

D. “Department of Licensing and Regulatory Affairs” means the principal department of state government created as the Department of Commerce under Section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, renamed the Department of Consumer and Industry Services under Executive Order 1996-2, MCL 445.2001, renamed the Department of Labor and Economic Growth under Executive Order 2003-18, MCL 445.2011, renamed the Department of Energy, Labor and Economic Growth under Executive Order 2008-20, MCL 445.2025, and renamed the Department of Licensing and Regulatory Affairs under Executive Order 2011-4, MCL 445.2030.

E. “State Budget Director” means the individual appointed by the Governor pursuant to Section 321 of the Management and Budget Act, 1984 PA 431, MCL 18.321.

II. TRANSFER OF RESPONSIBILITIES UNDER PART 124 OF THE MICHIGAN PUBLIC HEALTH CODE TO THE DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT

A. Any and all authority, powers, duties, functions and responsibilities of the Migrant Labor Housing program, including, but not limited to, the statutory authority, powers, duties, functions and responsibilities set forth in Part 124 of the Public Health Code, 1978 PA 368, as amended, MCL 333.12401 et seq., that were moved to the Department of Health and Human Services by 2015 PA 155, MCL 333.1104(5), are transferred from the Department of Health and Human Services to the Department of Agriculture and Rural Development.

B. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Health and Human Services for the activities, powers, duties, functions, and responsibilities transferred to the Department of Agriculture and Rural Development by Section II of this Order are transferred to the Department of Agriculture and Rural Development.

C. The Director of the Department of Agriculture and Rural Development, after consultation with the Director of the Department of Health and Human Services, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Director of the Agriculture and Rural Development.

D. The directors of the departments shall immediately initiate coordination to facilitate the transfers and shall, if necessary, develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Agriculture and Rural Development.

III. TRANSFER OF RESPONSIBILITIES UNDER PARTS 133, 135, AND 137 OF THE MICHIGAN PUBLIC HEALTH CODE TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY

A. Any and all authority, powers, duties, functions, and responsibilities of the Michigan Dry Cleaning Program, the Michigan Indoor Radon Program, and the Radioactive Materials Program, under Parts 133, 135 and 137 of the Public Health Code, 1978 PA 368, as amended, being MCL 333.13301 et seq., MCL 333.13501 et seq. and MCL 333.13701 et seq., that were moved to the Department of Health and Human Services by 2015 PA 155, MCL 333.1104(5), are transferred from the Department of Health and Human Services to the Department of Environmental Quality.

B. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Health and Human Services for the activities, powers, duties, functions, and responsibilities transferred to the Department of Environmental Quality by Section III of this Order are transferred to the Department of Environmental Quality.

C. The Director of the Department of Environmental Quality, after consultation with the Director of the Department of Health and Human Services, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Director of the Environmental Quality.

D. The directors of the departments shall immediately initiate coordination to facilitate the transfers and shall, if necessary, develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Environmental Quality.

IV. TRANSFER OF RESPONSIBILITIES UNDER PART 209 OF THE MICHIGAN PUBLIC HEALTH CODE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

A. Any authority, powers, responsibilities duties, functions, records, contracts, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, of the Department of Licensing and Regulatory Affairs relative to the registration, licensing, or regulation of professional occupations arising from Part 209 of the Michigan Public Health Code, 1978 PA 368, MCL 333.20901 to 333.20979, including any board, commission, council, or similar entity providing regulation of health professionals licensed, registered, or certified under Part 209 of Article 17 of the Public Health Code, that were moved to the Department of Licensing and Regulatory Affairs by 2015 PA 155, MCL 333.20104(4), are transferred from the Department of Licensing and Regulatory Affairs to the Department of Health and Human Services.

B. Any authority, powers, duties, functions, and responsibilities of management support within the Department of Licensing and Regulatory Affairs for programs or functions relative to the registration, licensing, or enforcement of professional occupations under Part 209 of the Public Health Code are transferred from the Department of Licensing and Regulatory Affairs to the Department of Health and Human Services.

C. Any authority, powers, duties, functions, and responsibilities of the Department of Licensing and Regulatory Affairs related to the promulgation of rules related to the registration, licensing, or regulation of professional occupations under Part 209 of the Public Health Code are transferred from the Department of Licensing and Regulatory Affairs to the Department of Health and Human Services.

D. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Licensing and Regulatory Affairs for the activities, powers, duties, functions, and responsibilities transferred to the Department of Health and Human Services by Section IV of this Order are transferred to the Department of Health and Human Services.

E. The Director of the Department of Health and Human Services, after consultation with the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Director of the Health and Human Services.

F. The directors of the departments shall immediately initiate coordination to facilitate the transfers and shall, if necessary, develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Health and Human Services.

V. IMPLEMENTATION

A. The directors of the departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.

B. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfers made under this Order.

C. All rules, orders, contracts, plans, and agreements relating to the functions transferred by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded.

D. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.

E. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 5th day of October, in the Year of our Lord Two Thousand Seventeen.

RICHARD D. SNYDER

GOVERNOR

BY THE GOVERNOR:

RUTH A. JOHNSON

SECRETARY OF STATE

The message was referred to the Clerk.

Introduction of Bills

Reps. Green, Hertel, Elder, Yaroch, Yanez, Robinson, Rabhi, Jones, McCready, Chirkun, Sabo, Brann, Gay-Dagnogo, Geiss, Lucido, Moss, Hoadley and Pagan introduced

House Bill No. 5063, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 50 (MCL 750.50), as amended by 2007 PA 152.

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

Reps. Yaroch, McCready, Green, LaSata, Brann, Moss, Lucido, Pagan and Jones introduced

House Bill No. 5064, 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 2017 PA 30.

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

Reps. Yaroch, Durhal, Howrylak, McCready, Dianda, Peterson, Cochran, Santana, Singh, Robinson, Rabhi, Hertel, Neeley, Phelps, Gay-Dagnogo, Allor, Wittenberg, Brinks, Greig, Lasinski, Love, Crawford, Faris, Inman, Hoadley, Camilleri, Clemente, Elder, LaGrand, LaFave, Barrett and LaSata introduced

House Bill No. 5065, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending section 1107 (MCL 289.1107), as amended by 2016 PA 188.

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

Reps. Durhal, Yaroch, Howrylak, McCready, Peterson, Cochran, Dianda, Santana, Singh, Robinson, Rabhi, Hertel, VerHeulen, Phelps, Gay-Dagnogo, Allor, Wittenberg, Brinks, Greig, Lasinski, Love, Crawford, Faris, Hoadley, Inman, Camilleri, Clemente, Elder, LaGrand, LaFave, Barrett and LaSata introduced

House Bill No. 5066, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 80.

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

Reps. Durhal, Robinson, Zemke, Gay-Dagnogo, Schor, Hoadley, Faris, Lasinski, Love, Moss, Singh, Guerra, Greig, Phelps, Byrd, Green, Yanez, Pagan, Chang, Garrett, Santana, Dianda, LaGrand, Cochran, Peterson, Elder, Clemente, Hertel, Sabo, Ellison, Hammoud, Sneller, Rabhi, Wittenberg, Brinks, Camilleri, Geiss, Chirkun and Jones introduced

House Bill No. 5067, entitled

A bill to prohibit certain inquiries in employment applications; and to provide remedies.

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

Reps. Griffin, Iden, Reilly, LaFave, Crawford and Kelly introduced

House Bill No. 5068, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 4 (MCL 125.1504), as amended by 2012 PA 504.

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

Reps. Howrylak and Brann introduced

House Bill No. 5069, entitled

A bill to designate the official pet of this state.

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

______

Rep. Greig moved that the House adjourn.

The motion prevailed, the time being 1:50 p.m.

Associate Speaker Pro Tempore Glenn declared the House adjourned until Tuesday, October 10, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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