No. 7

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2015

House Chamber, Lansing, Wednesday, January 28, 2015.

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 Franz—present Kosowski—present Potvin—present

Banks—present Gamrat—present LaFontaine—present Price—present

Barrett—present Garcia—present Lane—present Pscholka—present

Bizon—present Garrett—present Lauwers—present Rendon—present

Brinks—present Gay-Dagnogo—present LaVoy—present Roberts, B.—present

Brunner—present Geiss—present Leonard—present Roberts, S.—present

Bumstead—present Glardon—present Leutheuser—present Robinson—present

Byrd—present Glenn—present Liberati—present Runestad—present

Callton—present Goike—present Love—present Rutledge—present

Canfield—present Graves—present Lucido—present Santana—present

Chang—present Greig—present Lyons—present Schor—present

Chatfield—present Greimel—present Maturen—present Sheppard—present

Chirkun—present Guerra—present McBroom—present Singh—present

Clemente—present Heise—present McCready—present Smiley—present

Cochran—present Hoadley—present Miller, A.—present Somerville—present

Cole—present Hooker—present Miller, D.—present Talabi—present

Cotter—present Hovey-Wright—present Moss—present Tedder—present

Courser—present Howrylak—present Muxlow—present Theis—present

Cox—present Hughes—present Neeley—present Townsend—present

Crawford—present Iden—present Nesbitt—excused Vaupel—present

Darany—present Inman—present Outman—present VerHeulen—present

Dianda—present Irwin—present Pagan—present Victory—present

Dillon—present Jacobsen—present Pagel—present Webber—present

Driskell—present Jenkins—present Pettalia—present Wittenberg—present

Durhal—present Johnson—present Phelps—present Yanez—present

Faris—present Kelly—present Plawecki—present Yonker—present

Farrington—present Kesto—present Poleski—present Zemke—present

Forlini—present Kivela—excused

e/d/s = entered during session

Rep. Brian Banks, from the 1st District, offered the following invocation:

“Father God, in the name of Jesus, we thank You, God, for this day. We thank You for life, health and strength. We thank You for the opportunity to serve Your people here in the state of Michigan. We ask, God, that You would look upon this Legislature and this body. We ask that You would give us the wisdom, the knowledge and understanding to make the tough decisions as Your people have elected us to do. We ask You to cover us; cover us in Your blood and watch over us. We ask that You cause us to do the right thing, as it relates to the state of Michigan, so that our state will prosper and move forward. We ask You to look over the leadership of this state and every elected official and their families, God. We thank you in Jesus’ name, Amen.”

______

Rep. Singh moved that Rep. Kivela be excused from today’s session.

The motion prevailed.

Rep. Yonker moved that Rep. Nesbitt be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Hoadley, Howrylak, Iden, Maturen and Plawecki offered the following resolution:

House Resolution No. 8.

A resolution to declare February 14, 2015, as Go Curling Day in the state of Michigan.

Whereas, The 2015 USA Curling Nationals, the premier event for the selection of the elite athletes to represent the United States in the 2015 men’s and women’s World Curling Championships, are being held February 14-21 at Wings Stadium in Kalamazoo; and

Whereas, The first curling club in the United States was formed in Michigan and curled on Orchard Lake in 1831. The Orchard Lake Curling Club used hickory blocks instead of the typical granite stones used today. Now there are eight clubs in Michigan including: Calumet, Escanaba, Midland, Lewiston, Gladstone, Ferndale, Port Huron, and Kalamazoo; and

Whereas, The growing popularity of the Kalamazoo Curling Club after the 2010 National Curling Championships helped the city of Kalamazoo and Wings Stadium to impress the United States Curling Association once again to bring the Championships to Kalamazoo, Michigan; and

Whereas, The 2015 USA Curling Nationals hopes to bring in over 20,000 spectators to Wings Stadium to witness the event. It is estimated that over one million dollars will be contributed to the southwest Michigan economy as a result; and

Whereas, Creation of “Go Curling Day in Michigan” demonstrates Michigan’s commitment to tourism promotion and economic growth; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 14, 2015, as Go Curling Day in the state of Michigan.

The question being on the adoption of the resolution,

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

Substitute for House Resolution No. 8.

A resolution to declare February 14, 2015, as Go Curling Day in the state of Michigan.

Whereas, The first curling club in the United States was formed in Michigan and curled on Orchard Lake in 1831. The Orchard Lake Curling Club used hickory blocks instead of the typical granite stones used today. Now there are eight clubs in Michigan including: Calumet, Escanaba, Ferndale, Kalamazoo, Lansing, Lewiston, Midland, and Traverse City; and

Whereas, Creation of “Go Curling Day in Michigan” demonstrates Michigan’s commitment to tourism promotion and economic growth; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 14, 2015, as Go Curling Day in the state of Michigan.

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. Kesto, Heise and Howrylak offered the following resolution:

House Resolution No. 9.

A resolution to urge the President of the United States to allow an additional 25,000 refugee visas for displaced Iraqis, with preference for placement in Michigan.

Whereas, The United States has long been a safe harbor for persecuted foreign nationals. Through the U.S. refugee visa program, individuals and their families who are harassed, oppressed, or have faced harassment or oppression at home because of their race, religion, nationality, public opinion, or social association can find relief in the U.S. When a humanitarian crisis occurs, the U.S. may also grant eligible individuals refugee visas. Once in the country, federal resettlement agencies help match refugees with local communities that can help support their needs; and

Whereas, The number of refugee visas available is determined and set by the President of the United States. In consultation with the cabinet and the House and Senate committees on the judiciary, the President assesses all concerns of humanitarian and national interest to determine the number of visas that will be available for the upcoming fiscal year; and

Whereas, The recent crisis in Syria and Iraq has forced hundreds of thousands of Iraqis, largely from religious minorities in the region—many of which are Assyrians, Chaldeans, Syriacs, and Yazidis—from their hometowns that have been ransacked by the Islamic State of Iraq and the Levant (ISIL). Those displaced persons are unable to return to their homes, and most do not have access to resources needed to fulfill basic needs, including food, water, and shelter. Moreover, these refugees face constant fear of persecution due to nothing more than the faith they claim, and their pronouncement of faith has led to violence as explicit as crucifixions, beheadings, and slavery. Minimal support has been offered to many of the more than three million Iraqis refugees, two million of which were displaced last year alone, and those fortunate to remain in temporary shelters are overburdening and overcrowding neighboring nations and communities who stand on constant guard for fear that they will be the next target of ISIL. As this regional conflict endures, the displacement and imminent migration and persecution of refugees will continue; and

Whereas, Displaced Iraqi refugees must be offered relief from this regional instability and granted entry into the United States. Iraqi refugees have complemented our American society with a proven history of contributing to the economic and social well-being of this nation. In the Chaldean or Catholic Iraqi community of Metro Detroit, which is the largest concentration of Chaldeans outside of Iraq, 61 percent of households founded their own business, and this network of businesses is indispensable to the local economy. Moreover, organizations like the Chaldean Community Foundation offer resources to bind and strengthen the community as well as welcome and support refugees, in part by using community businesses to invest in new members and encourage the advancement of the community; and

Whereas, The current allotment of refugee visas may not be adequate to accommodate these individuals. When an unforeseen emergency arises, the President has the flexibility to issue emergency refugee visas for an affected group if the remaining annual allotment is insufficient to assist these displaced individuals; and

Whereas, The Chaldean Church and its bishop have garnered support for this request and driven a body of people able and willing to sustain and support the incoming refugees. The community stands ready to assist persecuted Iraqis and victims of war rebuild their lives in the U.S.; now, therefore, be it

Resolved by the House of Representatives, That we urge the President of the United States to allow an additional 25,000 refugee visas for displaced Iraqis, being the Assyrians, Chaldeans, Syriacs, and Yazidis displaced because of their faith; and be it further

Resolved, That we urge that these refugees be given preference for placement in the state of Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Families, Children, and Seniors.

Introduction of Bills

Reps. Durhal, Phelps, Smiley, Darany, Greimel, Schor, Santana, Dillon, Zemke, Talabi, Townsend, Byrd, Love, Kosowski and Chirkun introduced

House Bill No. 4080, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124.

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

Reps. Durhal, Phelps, Smiley, Darany, Greimel, Schor, Santana, Talabi, Dillon, Zemke, Chirkun, Townsend, Byrd, Love and Kosowski introduced

House Bill No. 4081, entitled

A bill to require persons convicted of certain stalking offenses to register; to prescribe the powers and duties of certain departments and agencies in connection with that registration; and to prescribe fees, penalties, and sanctions.

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

Rep. Heise introduced

House Bill No. 4082, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending section 5 (MCL 280.5).

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

Reps. Kesto and Heise introduced

House Bill No. 4083, 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 Criminal Justice.

Reps. Kesto and Heise introduced

House Bill No. 4084, 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 Criminal Justice.

Rep. Kesto introduced

House Bill No. 4085, 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.

Rep. Graves introduced

House Bill No. 4086, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597.

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

Rep. Graves introduced

House Bill No. 4087, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 12755.

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

Rep. Graves introduced

House Bill No. 4088, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ff.

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

Rep. Pscholka introduced

House Bill No. 4089, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2014 PA 196 and section 17b as amended by 2007 PA 137.