No. 9

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Wednesday, February 1, 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—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—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—excused

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

Pastor Scott Distler, Lead Pastor of Gaylord E-Free Church in Gaylord, offered the following invocation:

“Heavenly Father, I thank You for this unique day that You have given to us. As Scripture states, ‘This is the day that the Lord has made and we will rejoice and be glad in it.’ I also thank You for the honor and privilege to pray for this legislative body. As a citizen of this state, I am personally thankful for their commitment and their sacrifice. I ask You to give them wisdom today as they discuss business and make decisions. I am thankful that You have promised in the Bible that if we lack wisdom we can ask of You and You will give it to us if we ask in faith. So in faith, I ask You on their behalf for that wisdom that You promised.

But most of all today I want to pray for them as spouses, parents and grandparents. I can’t even begin to imagine the stress that being part of this body can have on the most important relationships of their lives which is their families. So I pray for them as spouses that You will strengthen and protect their marriages. I pray for them as parents and grandparents that You will strengthen and protect their relationships with their children and their grandchildren. I’m sure that each of them have concerns that are outside of their work – concerns that can distract them and cause them anxiety and even sleepless nights. Father, I do not know what those individual concerns are. But this I do know with absolute confidence – You know what their concerns are and that is crucial because no one loves them more than You do.

We learn in the Bible that You are an omnipresent God which means that Your full presence is everywhere all at the same time. How comforting it is to know that Your full presence is with these men and women today in this chamber, and that at the same time, Your full presence is also with their spouses, their children and their grandchildren.

You are a good God and today I give You praise and I pray all of these things in the name of Your son, my personal Lord and Savior, Jesus Christ. Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

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

The motion prevailed.

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

The motion prevailed.

Motions and Resolutions

Reps. Schor, Pagan, Geiss, Yanez, Hoadley, Singh, Camilleri, Guerra, Brinks, Ellison, Durhal, Santana, Rendon, Hughes, Maturen, Lucido, Green, Moss, Canfield, Chang, Cochran, Faris, Greig and Sowerby offered the following resolution:

House Resolution No. 15.

A resolution to declare February 2-8, 2017, as Chicano History Week in the state of Michigan.

Whereas, The Treaty of Guadalupe Hidalgo, February 2, 1848, is commonly regarded as the birth date of Chicanos; and

Whereas, We extend accolades of tribute, high praise, appreciation, and appropriate recognition to these North Americans and their descendants whose citizenship, under the terms of the Treaty of Guadalupe Hidalgo, changed overnight from Mexico to the United States of America. They have contributed to the economy, development, and growth of the state of Michigan and the nation, serving the arts, business, media, industry, agriculture, education, and society in a myriad of ways; and

Whereas, Despite being granted the rights of citizenship, the early Mexican-Americans found their rights denied in the form of their language, their culture, their political representation, their opportunities for employment and upward mobility in society. They were subjected to losing their land, homes, and property. As with many national boundary changes resulting from war treaties, historical documentation was destroyed and constitutional rights were abrogated, leaving them stripped of their identity, unique culture, and recorded contributions to society. This resulted in a disparaging image of those of Mexican descent.

Whereas, In a complex and diversified cultural society, we must strive to understand, accept, and appreciate all traditions and life-styles in order to eliminate prejudice. It is truly appropriate to declare February 2-8, 2017, as Chicano History Week in Michigan and to accord recognition to the cultural and intellectual development of a people with a proud past, inclusive of not only American accomplishments but also those of Spanish origin which predated the first English settlement in the United States by over half a century; and

Whereas, Historian Rodolfo Alvarez has divided the development of this segment of our population into four categories: the creation generation which was pre-1900; the migrant generation which was allied with Mexico by culture, language, and loyalty; the Mexican-American generation which regarded themselves as American citizens of Mexican descent; and the Chicano generation of today, which is a combination of, but distinctly separate from the previous three. Chicanos recognize that they are the result of a unique confluence of histories, cultures, languages, and traditions; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 2-8, 2017, as Chicano History Week in the state of Michigan. We commemorate the signing of the Treaty of Guadalupe Hidalgo on February 2, 1848, and recognize the contributions of Chicanos across the nation and in the state of Michigan; and be it further

Resolved, That copies of this resolution be transmitted to appropriate officials of high standing in the state and to representatives of the coalition of Chicano and Latino organizations in support of this resolution as enduring testimony of the high esteem in which the ancestors and descendants of Chicanos and Chicanas are held by the Michigan Legislature.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Pagan, Sowerby, Guerra, Camilleri, Schor, Hoadley, Geiss, Hertel, Moss, Sneller, Ellison, Greimel, Durhal, Gay‑Dagnogo, Greig, Brinks, Love, Sabo, Chang, Hammoud, Chirkun, Wittenberg, Yanez, Cochran, Green, Phelps, Singh and Faris offered the following resolution:

House Resolution No. 16.

A resolution to recognize the 44th anniversary of the U.S. Supreme Court Roe v. Wade ruling.

Whereas, The United States Supreme Court decision, Roe v. Wade, published on January 22, 1973, affirmed that the United States Constitution safeguards a woman’s right to make her own medical decisions, and that government should not intrude in the most private and personal family matters; and

Whereas, Women’s reproductive freedom is vital to a woman’s health, economic security, and the ability to participate equally in society; and

Whereas, Comprehensive reproductive health care, including safe abortion, is a vital component of a woman’s overall health; and

Whereas, Like other medical procedures, the safety of abortion is furthered by evidence-based practices developed and supported by medical professionals; and

Whereas, Any regulation of medical care should have a legitimate purpose and if possible, be enforced in a way that increases, rather than decreases, access; and

Whereas, In the landmark decision Whole Woman’s Health v. Hellerstedt, the Supreme Court recently reaffirmed a woman’s constitutional right to access safe, legal abortion, confirming more than 40 years of precedent; and

Whereas, One in three women will need an abortion in her lifetime, and as such, safe, legal, and accessible abortion is an essential component of comprehensive reproductive health care; and

Whereas, Abortion is one of the safest medical procedures performed in the United States with more than a 99 percent safety record; and

Whereas, A woman’s right to access safe, legal abortion without burdensome restrictions imposed by a state is at stake; and

Whereas, Everyone should have access to comprehensive health care in the state of Michigan; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the 44th anniversary of the U.S. Supreme Court Roe v. Wade ruling; and be it further

Resolved, That the House of Representatives denounces violence towards abortion providers and their patients. We oppose efforts to undermine the Roe v. Wade Supreme Court decision by eliminating access to abortion in Michigan and throughout the country. We affirm that all people have the right to access reproductive healthcare services without fear of violence, intimidation, or harassment and support to access health care without interference in this state, including safe and legal abortion.

The resolution was referred to the Committee on Government Operations.

Messages from the Senate

The Speaker laid before the House

Senate Concurrent Resolution No. 5.

A concurrent resolution for the adoption of the Joint Rules of the Senate and House of Representatives.

(The concurrent resolution was received from the Senate and postponed for the day on January 31, see House Journal No. 8, p. 79.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

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

Introduction of Bills

Rep. Tedder introduced

House Bill No. 4136, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87f (MCL 211.87b and 211.87f), section 87b as amended and section 87f as added by 2016 PA 82.

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

Reps. Frederick, Ellison, Elder, Liberati, Tedder and Yaroch introduced

House Bill No. 4137, entitled

A bill to amend 1985 PA 176, entitled “Child identification and protection act,” by amending sections 2 and 4 (MCL 722.772 and 722.774).

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

Reps. Chirkun, Robinson, Elder, Cochran, Peterson, Ellison, Hoadley, Dianda, Faris, Pagan and Gay-Dagnogo introduced

House Bill No. 4138, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2010 PA 195.

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

Reps. Chirkun, Robinson, Elder, Cochran, Peterson, Ellison, Hoadley, Yanez, Wittenberg, LaFave, Dianda, Faris, Lasinski, Gay-Dagnogo, Chang, Santana, Hertel, Sabo, Durhal, Howell, Brinks and Pagan introduced

House Bill No. 4139, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161.

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

Reps. Alexander, Barrett, Canfield, Kelly, Lucido, Frederick, Lauwers, Sheppard, Howrylak, Hornberger, Victory, Wentworth, Lower, Hoitenga, Leutheuser, Theis, Glenn, Jones, Cole, Maturen, Hughes, Pagan, Faris, Graves, Griffin, Tedder, Neeley, Chatfield, Howell, Marino, Yaroch, Albert, LaFave, Runestad and Robinson introduced

House Bill No. 4140, entitled

A bill to designate February 1 of each year as “Blue Star Mothers Day”.

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

Reps. Griffin, Hughes, Iden, Lucido, Crawford and LaFave introduced

House Bill No. 4141, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9p.

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

Rep. Kosowski introduced

House Bill No. 4142, entitled

A bill to establish a teacher shortage prevention program for certain teachers in certain areas; to establish a teacher shortage prevention grant fund and to provide for its administration; and to prescribe certain powers and duties of certain state officers, agencies, and departments.

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

______

Rep. Cole 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 and joint resolutions had been reproduced and made available electronically on Tuesday, January 31:

House Bill Nos. 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127

4128 4129 4130 4131 4132 4133 4134 4135

House Joint Resolutions B C

The Clerk announced that the following bills and joint resolution had been reproduced and made available electronically on Wednesday, February 1:

Senate Bill Nos. 80 82 83 84 85 86 87 88 89 90 91 92 93 94

Senate Joint Resolution D

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 1, 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

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

January 20, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-045-LR (Secretary of State Filing #17-01-07) on this date at 3:56 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 30. Telecommunications for Construction”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

January 20, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-046-LR (Secretary of State Filing #17-01-08) on this date at 3:56 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 50. Telecommunications for General Industry”.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

The following communication from the State Budget Office was received and read:

January 27, 2017

The Office of Financial Management has issued preliminary, unaudited financial statements for the fiscal year ended September 30, 2016, as required by Section 18.1493 of the Michigan Compiled Laws. These unaudited statements are available on the Internet at www.michigan.gov/budget .

Final, audited financial statements will be included in the State of Michigan Comprehensive Annual Financial Report, which is scheduled to be available no later than March 2017.

If you have questions regarding the preliminary, unaudited financial statements, please contact Mike Moody, Director, Office of Financial Management, at 517-373-1010.

Sincerely,

John S. Roberts

State Budget Director

The communication was referred to the Clerk.

Announcements by the Clerk

January 31, 2017

Received from the Auditor General a copy of the:

• Performance audit report on the Flint Emergency Expenditures, State of Michigan, January 2017.

Gary L. Randall

Clerk of the House

______

Rep. Vaupel moved that the House adjourn.

The motion prevailed, the time being 2:20 p.m.

Associate Speaker Pro Tempore Glenn declared the House adjourned until Thursday, February 2, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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