No. 41
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
99th Legislature
REGULAR SESSION OF 2017
House Chamber, Lansing, Wednesday, May 3, 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 Garcia—present Kesto—present Reilly—present
Albert—present Garrett—excused Kivela—excused Rendon—present
Alexander—present Gay-Dagnogo—present Kosowski—present Roberts—present
Allor—present Geiss—present LaFave—present Robinson—present
Barrett—present Glenn—present LaGrand—present Runestad—present
Bellino—present Graves—present LaSata—present Sabo—present
Bizon—present Green—present Lasinski—present Santana—present
Brann—present Greig—present Lauwers—present Schor—present
Brinks—present Greimel—present Leonard—present Scott—present
Byrd—present Griffin—present Leutheuser—present Sheppard—present
Calley—present Guerra—present Liberati—present Singh—present
Camilleri—present Hammoud—present Lilly—present Sneller—present
Canfield—present Hauck—present Love—present Sowerby—present
Chang—present Hernandez—present Lower—present Tedder—present
Chatfield—present Hertel—present Lucido—present Theis—present
Chirkun—present Hoadley—present Marino—present VanderWall—present
Clemente—present Hoitenga—present Maturen—present VanSingel—present
Cochran—present Hornberger—present McCready—present Vaupel—present
Cole—present Howell—present Miller—present VerHeulen—present
Cox—present Howrylak—present Moss—present Victory—present
Crawford—present Hughes—present Neeley—present Webber—present
Dianda—present Iden—present Noble—present Wentworth—present
Durhal—present Inman—present Pagan—present Whiteford—present
Elder—present Johnson—present Pagel—present Wittenberg—present
Ellison—present Jones—excused Peterson—present Yanez—present
Faris—present Kahle—present Phelps—present Yaroch—present
Farrington—present Kelly—present Rabhi—present Zemke—present
Frederick—present
e/d/s = entered during session
Rev. Tim Maxwell, Deacon of St. Mary Catholic Community in Port Huron, offered the following invocation:
“In the name of the Father, Son, and Holy Spirit:
Heavenly Father,
We ask You to impart Your Holy Spirit upon these Your servants and leaders of this sovereign state.
Grant them wisdom and guidance as they discharge their rightful duty as representatives of the people of the state of Michigan.
Grant them strength and endurance in their deliberations, so that through the struggle of the legislative forge, emerge tempered and true laws.
Grant them the humility and collegiality to work together as a true body, representative of the populace, united as one voice for the good of the people.
And, we ask You to bless and protect these servants, their loved ones, and all who call this, Your creation, home.
We ask this through Jesus Christ, Our Lord, Who reigns with You, in the unity of the Holy Spirit.
Amen.”
______
The Speaker called Associate Speaker Pro Tempore Glenn to the Chair.
______
Rep. Greig moved that Reps. Garrett, Jones and Kivela be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Rendon, VanderWall, Alexander, Kelly, Farrington, Vaupel, Canfield, VanSingel, Victory, Lower, Calley, Kahle, Afendoulis, Whiteford, Tedder, Roberts, Webber, Gay-Dagnogo, Bizon, Chang, Clemente, Elder, Faris, Greig, Hoadley, Lasinski, Marino, Moss, Phelps, Schor, Sneller and Wittenberg offered the following resolution:
House Resolution No. 78.
A resolution to declare May 3, 2017, as Suits and Sneakers Day in the state of Michigan.
Whereas, Suits and Sneakers is a nationwide awareness effort encouraging coaches across the country to wear sneakers with their game attire while coaching games and encourages lawmakers and others to similarly wear sneakers with their suits in order to raise awareness about the fight against cancer, to share the importance of nutrition and physical activity in reducing one’s cancer risk, and to promote the American Cancer Society as a place for help and support; and
Whereas, The American Cancer Society saves lives and creates a world with less cancer and more birthdays by helping people stay well, helping people get well, finding cures, and fighting back, in partnership with its nonpartisan advocacy affiliate, the American Cancer Society Cancer Action Network; and
Whereas, The American Cancer Society has estimated that over 57,000 new cancer cases will be diagnosed in the state of Michigan in 2017; and
Whereas, The American Cancer Society estimates that this year we will lose over 21,000 of our friends and loved ones to cancer in the state of Michigan; and
Whereas, Cancer patients face countless challenges associated with their diagnoses, including physical, emotional, financial, and day-to-day challenges; and
Whereas, Michigan lawmakers and citizens shall join together with coaches nationwide, as well as with thousands of volunteers for the American Cancer Society and the American Cancer Society Cancer Action Network, to advocate on behalf of cancer patients, survivors, and caregivers so that one day cancer will be eliminated as a major public health issue; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 3. 2017, as Suits and Sneakers Day in the state of Michigan; and be it further
Resolved, That cancer patients, cancer survivors, and their families be honored and that those people who have been lost to cancer be remembered.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Hoadley, Chang, Elder, Ellison, Green, Greig, Moss, Pagan, Phelps, Singh, Sneller, Sowerby, Wittenberg and LaGrand offered the following resolution:
House Resolution No. 79.
A resolution to condemn the horrific treatment of gay men in Chechnya and to call upon the President and Congress of the United States to take action without further delay.
Whereas, Gay men in Chechnya are being targeted, detained, tortured and killed by pro-Kremlin authorities based on nothing more than their sexual orientation. At least one camp, with credible media reports of up to four such facilities, has been opened for the express purpose of detaining, beating, and torturing gay men. These men are in danger not only of persecution by the governmental authorities but also to so-called “honor killings” by members of their own families; and
Whereas, We cannot stand idly by and turn a blind eye to such sweeping and outrageous violations of basic human rights, no matter where they occur. People should not fear for their lives because of who they are or who they love; and
Whereas, By all accounts, the Russian Federation is ignoring anti-gay persecution and violence and failing to ensure safety and justice for the victims, despite a clear obligation to protect basic human rights under international law; and
Whereas, A spokesman for Chechen leader Ramzan Kadyov was quoted widely as saying, “You cannot detain and persecute people who simple do not exist in the republic,” promoting the erasure of gay men; now, therefore, be it
Resolved by the House of Representatives, That we unequivocally condemn the horrific treatment of gay men in Chechnya and call upon the President and Congress of the United States to use every available diplomatic tool at their disposal to bring the violence, torture, and killing of gay Chechens to an end without further delay; 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 Military and Veterans Affairs.
Third Reading of Bills
House Bill No. 4209, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1344 (MCL 600.1344), as amended by 2002 PA 739.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 89 Yeas—106
Afendoulis Frederick Kosowski Rendon
Albert Garcia LaFave Roberts
Alexander Gay-Dagnogo LaGrand Robinson
Allor Geiss LaSata Runestad
Barrett Glenn Lasinski Sabo
Bellino Graves Lauwers Santana
Bizon Green Leonard Schor
Brann Greig Leutheuser Scott
Brinks Greimel Liberati Sheppard
Byrd Griffin Lilly Singh
Calley Guerra Love Sneller
Camilleri Hammoud Lower Sowerby
Canfield Hauck Lucido Tedder
Chang Hernandez Marino Theis
Chatfield Hertel Maturen VanderWall
Chirkun Hoadley McCready VanSingel
Clemente Hoitenga Miller Vaupel
Cochran Hornberger Moss VerHeulen
Cole Howell Neeley Victory
Cox Howrylak Noble Webber
Crawford Hughes Pagan Wentworth
Dianda Iden Pagel Whiteford
Durhal Inman Peterson Wittenberg
Elder Johnson Phelps Yanez
Ellison Kahle Rabhi Yaroch
Faris Kelly Reilly Zemke
Farrington Kesto
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. 4210, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151e (MCL 600.151e), as amended by 2004 PA 465.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 90 Yeas—106
Afendoulis Frederick Kosowski Rendon
Albert Garcia LaFave Roberts
Alexander Gay-Dagnogo LaGrand Robinson
Allor Geiss LaSata Runestad
Barrett Glenn Lasinski Sabo
Bellino Graves Lauwers Santana
Bizon Green Leonard Schor
Brann Greig Leutheuser Scott
Brinks Greimel Liberati Sheppard
Byrd Griffin Lilly Singh
Calley Guerra Love Sneller
Camilleri Hammoud Lower Sowerby
Canfield Hauck Lucido Tedder
Chang Hernandez Marino Theis
Chatfield Hertel Maturen VanderWall
Chirkun Hoadley McCready VanSingel
Clemente Hoitenga Miller Vaupel
Cochran Hornberger Moss VerHeulen
Cole Howell Neeley Victory
Cox Howrylak Noble Webber
Crawford Hughes Pagan Wentworth
Dianda Iden Pagel Whiteford
Durhal Inman Peterson Wittenberg
Elder Johnson Phelps Yanez
Ellison Kahle Rabhi Yaroch
Faris Kelly Reilly Zemke
Farrington Kesto
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. 46, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 2016 PA 161.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 91 Yeas—94
Afendoulis Faris Johnson Reilly
Albert Farrington Kahle Rendon
Alexander Frederick Kelly Roberts
Allor Garcia Kesto Runestad
Barrett Geiss Kosowski Sabo
Bellino Glenn LaFave Schor
Bizon Graves LaSata Sheppard
Brann Green Lasinski Singh
Brinks Greig Lauwers Sneller
Byrd Greimel Leonard Sowerby
Calley Griffin Leutheuser Tedder
Camilleri Guerra Liberati Theis
Canfield Hammoud Lilly VanderWall
Chang Hauck Lower VanSingel
Chatfield Hernandez Lucido Vaupel
Chirkun Hertel Marino VerHeulen
Clemente Hoadley Maturen Victory
Cole Hoitenga McCready Webber
Cox Hornberger Miller Wentworth
Crawford Howell Noble Whiteford
Dianda Howrylak Pagan Yanez
Durhal Hughes Pagel Yaroch
Elder Iden Phelps Zemke
Ellison Inman
Nays—12
Cochran Love Peterson Santana
Gay-Dagnogo Moss Rabhi Scott
LaGrand Neeley Robinson Wittenberg
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 provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”
The House agreed to the full title.
Rep. Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4421, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2016 PA 192.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 92 Yeas—64
Afendoulis Frederick Kelly Reilly
Albert Garcia Kesto Rendon
Alexander Glenn LaFave Roberts
Allor Graves LaSata Runestad
Barrett Griffin Lauwers Sheppard
Bellino Hauck Leonard Tedder
Bizon Hernandez Leutheuser Theis
Brann Hoitenga Lilly VanderWall
Brinks Hornberger Lower VanSingel
Calley Howell Lucido Vaupel
Canfield Howrylak Marino VerHeulen
Chatfield Hughes Maturen Victory
Cole Iden McCready Webber
Cox Inman Miller Wentworth
Crawford Johnson Noble Whiteford
Farrington Kahle Pagel Yaroch
Nays—42
Byrd Gay-Dagnogo Lasinski Sabo
Camilleri Geiss Liberati Santana
Chang Green Love Schor
Chirkun Greig Moss Scott
Clemente Greimel Neeley Singh
Cochran Guerra Pagan Sneller
Dianda Hammoud Peterson Sowerby
Durhal Hertel Phelps Wittenberg
Elder Hoadley Rabhi Yanez
Ellison Kosowski Robinson Zemke
Faris LaGrand
In The Chair: Glenn
The House agreed to the title of the bill.
Rep. Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4422, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2015 PA 219.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 93 Yeas—102
Afendoulis Farrington Kosowski Rendon
Albert Frederick LaFave Roberts
Alexander Garcia LaGrand Runestad
Allor Gay-Dagnogo LaSata Sabo
Barrett Geiss Lasinski Santana
Bellino Glenn Lauwers Schor
Bizon Graves Leonard Scott
Brann Greig Leutheuser Sheppard
Brinks Greimel Liberati Singh
Byrd Griffin Lilly Sneller
Calley Guerra Love Sowerby
Camilleri Hammoud Lower Tedder
Canfield Hauck Lucido Theis
Chang Hernandez Marino VanderWall
Chatfield Hertel Maturen VanSingel
Chirkun Hoadley McCready Vaupel
Clemente Hoitenga Miller VerHeulen
Cochran Hornberger Moss Victory
Cole Howell Neeley Webber
Cox Hughes Noble Wentworth
Crawford Iden Pagan Whiteford
Dianda Inman Pagel Wittenberg
Durhal Johnson Peterson Yanez
Elder Kahle Phelps Yaroch
Ellison Kelly Reilly Zemke
Faris Kesto
Nays—4
Green Howrylak Rabhi Robinson
In The Chair: Glenn
The House agreed to the title of the bill.
Rep. Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 111, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 8a, 11, 13, 13b, 15, and 16 (MCL 125.2652, 125.2658a, 125.2661, 125.2663, 125.2663b, 125.2665, and 125.2666), as amended by 2016 PA 471, and by adding sections 13c and 14a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Tedder moved to amend the bill as follows:
1. Amend page 77, following line 1, by inserting:
“Enacting section 1. This amendatory act takes effect 45 days after the date it is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Howrylak moved to amend the bill as follows:
1. Amend page 77, following line 1, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4550 of the 99th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Chang moved to amend the bill as follows:
1. Amend page 60, following line 27, by inserting:
“(27) THE GOVERNING BODY MAY, AS A CONDITION OF APPROVING A TRANSFORMATIONAL BROWNFIELD PLAN, REQUIRE THE OWNER OR DEVELOPER OF THE PROJECT TO ENTER INTO A LEGALLY BINDING COMMUNITY BENEFITS AGREEMENT ADDRESSING ENVIRONMENTAL, ECONOMIC, HOUSING, QUALITY OF LIFE, OR OTHER ISSUES PRESENTED BY THE PROPOSED PROJECT WITH A NONPROFIT ORGANIZATION WITH MEMBERS PROXIMATE TO THE ELIGIBLE PROPERTY WHOSE ORGANIZATIONAL PURPOSE IS TO IMPROVE THE QUALITY OF LIFE OF RESIDENTS PROXIMATE TO THE ELIGIBLE PROPERTY.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Rabhi moved to amend the bill as follows:
1. Amend page 50, following line 20, by inserting:
“(H) FOR A PROJECT LOCATED IN A CITY WITH A POPULATION OF MORE THAN 500,000, WHETHER THE TRANSFORMATIONAL BROWNFIELD PLAN INCLUDES A LOCAL HIRING AND CONTRACTING COMMITMENT TO HIRE AT LEAST 51% OF WORKERS WHO RESIDE WITHIN THE JURISDICTION OF THE GOVERNING BODY AND TO USE BUSINESSES HEADQUARTERED OR BASED IN THE JURISDICTION OF THE GOVERNING BODY FOR AT LEAST 51% OF THE TOTAL VALUE OF CONTRACTS FOR CONSTRUCTION AND OTHER SERVICES ASSOCIATED WITH THE PROJECT.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Camilleri moved to amend the bill as follows:
1. Amend page 60, following line 27, by inserting:
“(27) THE MICHIGAN STRATEGIC FUND SHALL HIRE AN INDEPENDENT, THIRD-PARTY CONTRACTOR TO PERFORM AN ECONOMIC AND FISCAL UNDERWRITING ANALYSIS EVERY 5 YEARS DURING THE DURATION OF EACH TRANSFORMATIONAL BROWNFIELD PLAN TO DETERMINE IF THE DEVELOPMENTS INCLUDED IN THE TRANSFORMATIONAL BROWNFIELD PLAN ARE PRODUCING A NET POSITIVE FISCAL IMPACT TO THIS STATE. IF IT IS DETERMINED THAT A TRANSFORMATIONAL BROWNFIELD PLAN IS NOT RESULTING IN A NET POSITIVE FISCAL IMPACT TO THIS STATE, THE MICHIGAN STRATEGIC FUND SHALL NOT APPROVE THE USE OF ADDITIONAL CONSTRUCTION PERIOD TAX CAPTURE REVENUES, WITHHOLDING TAX CAPTURE REVENUES, AND INCOME TAX CAPTURE REVENUES. THE APPLICANT SHALL MAKE AVAILABLE ALL DOCUMENTS NECESSARY FOR THE PERFORMANCE OF THE INDEPENDENT, THIRD-PARTY ECONOMIC AND FISCAL UNDERWRITING ANALYSIS UNDER THIS SUBSECTION. THE MICHIGAN STRATEGIC FUND SHALL PUBLISH AND MAKE AVAILABLE TO THE PUBLIC ALL ECONOMIC AND FISCAL UNDERWRITING ANALYSIS PERFORMED IN ACCORDANCE WITH THIS SUBSECTION. THE MICHIGAN STRATEGIC FUND SHALL TRANSMIT COPIES OF ALL ECONOMIC AND FISCAL UNDERWRITING ANALYSIS PERFORMED IN ACCORDANCE WITH THIS SUBSECTION TO THE GOVERNING BODY, THE GOVERNOR, EACH MEMBER OF THE LEGISLATURE, THE DEPARTMENT OF TREASURY, THE AUDITOR GENERAL, THE HOUSE FISCAL AGENCY, AND THE SENATE FISCAL AGENCY.
(28) THE GOVERNING BODY, UPON RECEIPT OF THE ECONOMIC AND FISCAL UNDERWRITING ANALYSIS PRESCRIBED IN SUBSECTION (27), SHALL DESIGNATE 3 REPRESENTATIVES FOR THE CREATION AND OPERATION OF A LOCAL REVIEW BOARD TO EVALUATE THE SUCCESS OF THE TRANSFORMATIONAL BROWNFIELD PLAN, INCLUDING, BUT NOT LIMITED TO, REVIEWING THE UNDERWRITING ANALYSIS CONDUCTED FOR THE MICHIGAN STRATEGIC FUND AND COMPLIANCE WITH CRITERIA UNDER THIS SECTION. THE REVIEW BOARD MAY SUGGEST TO THE MICHIGAN STRATEGIC FUND AMENDMENTS TO THE TRANSFORMATIONAL BROWNFIELD PLAN FOR THE REMAINING PERIOD OF THE TRANSFORMATIONAL BROWNFIELD PLAN.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Gay-Dagnogo moved to amend the bill as follows:
1. Amend page 60, following line 27, by inserting:
“(27) THE MICHIGAN STRATEGIC FUND SHALL NOT APPROVE A TRANSFORMATIONAL BROWNFIELD PLAN THAT INCLUDES RESIDENTIAL HOUSING UNITS UNLESS THAT PLAN SETS ASIDE 20% OR MORE OF THE RESIDENTIAL HOUSING UNITS ON THE ELIGIBLE PROPERTY FOR AFFORDABLE HOUSING. THESE AFFORDABLE HOUSING UNITS MUST BE RANDOMLY DISTRIBUTED THROUGHOUT THE RESIDENTIAL HOUSING UNITS ON THE ELIGIBLE PROPERTY. TO QUALIFY FOR AFFORDABLE HOUSING UNITS, APPLICANTS MUST EARN 80% OR LESS OF THE MEDIAN HOUSEHOLD INCOME FOR THE COUNTY IN WHICH THE ELIGIBLE PROPERTY IS LOCATED. RENT FOR THE AFFORDABLE HOUSING UNITS SHALL BE CALCULATED BASED ON 30% OF THE ELIGIBLE APPLICANT’S MONTHLY ADJUSTED GROSS INCOME.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Gay-Dagnogo moved to amend the bill as follows:
1. Amend page 50, following line 20, by inserting:
“(H) FOR A PROJECT LOCATED IN A CITY WITH A POPULATION OF MORE THAN 500,000, WHETHER THE TRANSFORMATIONAL BROWNFIELD PLAN INCLUDES A COMMITMENT TO USE CONTRACTORS THAT ARE WOMEN-OWNED BUSINESSES AND MINORITY-OWNED BUSINESSES. AS USED IN THIS SUBDIVISION:
(i) “MINORITY-OWNED BUSINESS” MEANS A BUSINESS THAT IS AT LEAST 51% OWNED BY 1 OR MORE MINORITY GROUP MEMBERS, OR, IN THE CASE OF ANY PUBLICLY OWNED BUSINESS, AT LEAST 51% OF THE STOCK OF WHICH IS OWNED BY 1 OR MORE MINORITY GROUP MEMBERS, AND THE MANAGEMENT AND DAILY BUSINESS OPERATIONS OF THAT BUSINESS ARE CONTROLLED BY 1 OR MORE MINORITY GROUP MEMBERS. FOR PURPOSES OF THIS SUBDIVISION, MINORITY GROUP MEMBERS ARE UNITED STATES CITIZENS WHO ARE ASIAN, SOUTH ASIAN, AFRICAN-AMERICAN, HISPANIC AMERICAN, ARAB-AMERICAN, PACIFIC ISLANDER, OR NATIVE AMERICAN.
(ii) “WOMEN-OWNED BUSINESS” MEANS A BUSINESS THAT IS AT LEAST 51% OWNED BY 1 OR MORE WOMEN, OR, IN THE CASE OF ANY PUBLICLY-OWNED BUSINESS, AT LEAST 51% OF THE STOCK OF WHICH IS OWNED BY 1 OR MORE WOMEN, AND THE MANAGEMENT AND DAILY BUSINESS OPERATIONS OF THAT BUSINESS ARE CONTROLLED BY 1 OR MORE WOMEN.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Gay-Dagnogo moved to amend the bill as follows:
1. Amend page 50, following line 20, by inserting:
“(H) FOR A PROJECT THAT INCLUDES RETAIL OR OFFICE DEVELOPMENT AND IS LOCATED IN A CITY WITH A POPULATION OF MORE THAN 500,000, WHETHER THE TRANSFORMATIONAL BROWNFIELD PLAN INCLUDES A COMMITMENT TO RECRUIT BUSINESSES FOR OCCUPANCY THAT ARE WOMEN-OWNED BUSINESSES AND MINORITY-OWNED BUSINESSES. AS USED IN THIS SUBDIVISION:
(i) “MINORITY-OWNED BUSINESS” MEANS A BUSINESS THAT IS AT LEAST 51% OWNED BY 1 OR MORE MINORITY GROUP MEMBERS, OR, IN THE CASE OF ANY PUBLICLY OWNED BUSINESS, AT LEAST 51% OF THE STOCK OF WHICH IS OWNED BY 1 OR MORE MINORITY GROUP MEMBERS, AND THE MANAGEMENT AND DAILY BUSINESS OPERATIONS OF THAT BUSINESS ARE CONTROLLED BY 1 OR MORE MINORITY GROUP MEMBERS. FOR PURPOSES OF THIS SUBDIVISION, MINORITY GROUP MEMBERS ARE UNITED STATES CITIZENS WHO ARE ASIAN, SOUTH ASIAN, AFRICAN-AMERICAN, HISPANIC AMERICAN, ARAB-AMERICAN, PACIFIC ISLANDER, OR NATIVE AMERICAN.
(ii) “WOMEN-OWNED BUSINESS” MEANS A BUSINESS THAT IS AT LEAST 51% OWNED BY 1 OR MORE WOMEN, OR, IN THE CASE OF ANY PUBLICLY OWNED BUSINESS, AT LEAST 51% OF THE STOCK OF WHICH IS OWNED BY 1 OR MORE WOMEN, AND THE MANAGEMENT AND DAILY BUSINESS OPERATIONS OF THAT BUSINESS ARE CONTROLLED BY 1 OR MORE WOMEN.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Theis moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 112, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 51e.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Tedder moved to amend the bill as follows:
1. Amend page 2, following line 5, by inserting:
“Enacting section 1. This amendatory act takes effect 45 days after the date it is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Howrylak moved to amend the bill as follows:
1. Amend page 2, following line 5, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4550 of the 99th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Theis moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 113, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4d (MCL 205.54d), as amended by 2014 PA 53.
The bill was read a second time.
Rep. Tedder moved to amend the bill as follows:
1. Amend page 4, following line 5, by inserting:
“Enacting section 1. This amendatory act takes effect 45 days after the date it is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Howrylak moved to amend the bill as follows:
1. Amend page 4, following line 5, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4550 of the 99th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Theis moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 114, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4dd.
The bill was read a second time.
Rep. Tedder moved to amend the bill as follows:
1. Amend page 2, following line 4, by inserting:
“Enacting section 1. This amendatory act takes effect 45 days after the date it is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Howrylak moved to amend the bill as follows:
1. Amend page 2, following line 4, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4550 of the 99th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Theis moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 115, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 9 (MCL 125.2689), as amended by 2011 PA 315.
The bill was read a second time.
Rep. Tedder moved to amend the bill as follows:
1. Amend page 3, following line 16, by inserting:
“Enacting section 1. This amendatory act takes effect 45 days after the date it is enacted into law.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Howrylak moved to amend the bill as follows:
1. Amend page 3, following line 16, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4550 of the 99th Legislature is enacted into law.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Theis moved that the bill be placed on the order of Third Reading of Bills.
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 Tuesday, May 2:
House Bill Nos. 4554 4555 4556 4557 4558 4559 4560 4561 4562 4563 4564 4565 4566 4567 4568 4569 4570 4571 4572 4573 4574 4575 4576 4577 4578
The Clerk announced that the following Senate bills had been received on Wednesday, May 3:
Senate Bill Nos. 139 140 141
Messages from the Senate
Senate Bill No. 139, entitled
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The Senate has passed the bill.
The bill was read a first time by its title.
Pending the reference of the bill to a committee,
Rep. Theis moved that Rules 41 and 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Theis moved that the bill be placed on the order of Second Reading of Bills.
The motion prevailed.
Senate Bill No. 140, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The Senate has passed the bill.
The bill was read a first time by its title.
Pending the reference of the bill to a committee,
Rep. Theis moved that Rules 41 and 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Theis moved that the bill be placed on the order of Second Reading of Bills.
The motion prevailed.
Senate Bill No. 141, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The Senate has passed the bill.
The bill was read a first time by its title.
Pending the reference of the bill to a committee,
Rep. Theis moved that Rules 41 and 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Theis moved that the bill be placed on the order of Second Reading of Bills.
The motion prevailed.
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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.
Introduction of Bills
Rep. Kosowski introduced
House Bill No. 4579, entitled
A bill to establish a stipend program for certain student teachers; to establish a student teacher stipend 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 Appropriations.
Rep. Farrington introduced
House Bill No. 4580, entitled
A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44 (MCL 125.1444), as amended by 2012 PA 326.
The bill was read a first time by its title and referred to the Committee on Financial Services.
Reps. Reilly, Tedder, Webber, Lucido, Runestad and Hernandez introduced
House Bill No. 4581, entitled
A bill to protect the right of free speech and assembly on the campuses of public universities and community and junior colleges; to provide for enforcement of that right; and to provide remedies.
The bill was read a first time by its title and referred to the Committee on Oversight.
Reps. Hoadley, Pagan, Garrett, Chang, Rabhi, Geiss, Dianda, Clemente, Chirkun, Lasinski, Cochran, Neeley, Yanez, Hammoud, Sabo, Byrd, Brinks, Faris, Moss, Sowerby, Ellison, LaGrand, Liberati, Elder, Robinson, Durhal, Wittenberg, Santana, Peterson, Love, Green, Sneller, Phelps, Camilleri, Singh, Greig, Kivela, Schor, Zemke, Hertel, Inman, Gay‑Dagnogo, Greimel and Kosowski introduced
House Joint Resolution O, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 4 of article II and by adding section 1a to article II, to provide for the rights of electors.
The joint resolution was read a first time by its title and referred to the Committee on Elections and Ethics.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Regulatory Reform, by Rep. Iden, Chair, reported
House Bill No. 4169, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 503 (MCL 436.1503).
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. Iden, Bellino, Crawford, Leutheuser, Theis, Webber, Griffin, Hauck, Hoitenga, Reilly, Moss, Dianda, Chirkun, Liberati and Love
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Iden, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Wednesday, May 3, 2017
Present: Reps. Iden, Bellino, Crawford, Leutheuser, Theis, Webber, Griffin, Hauck, Hoitenga, Reilly, Moss, Dianda, Chirkun, Liberati and Love
Absent: Rep. Jones
Excused: Rep. Jones
The Committee on Appropriations, by Rep. Cox, Chair, reported
House Bill No. 4229, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2016 PA 249.
With the recommendation that the substitute (H-3) 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 and Yaroch
Nays: Reps. Cochran, Faris, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana
The Committee on Appropriations, by Rep. Cox, Chair, reported
House Bill No. 4231, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
With the recommendation that the substitute (H-2) 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 and Yaroch
Nays: Reps. Cochran, Faris, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana
The Committee on Appropriations, by Rep. Cox, Chair, reported
House Bill No. 4233, entitled
A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
With the recommendation that the substitute (H-2) 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 and Yaroch
Nays: Reps. Cochran, Faris, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana
The Committee on Appropriations, by Rep. Cox, Chair, reported
House Bill No. 4234, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
With the recommendation that the substitute (H-2) 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 and Yaroch
Nays: Reps. Cochran, Faris, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana
The Committee on Appropriations, by Rep. Cox, Chair, reported
House Bill No. 4235, 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 2016 PA 249 and section 17b as amended by 2007 PA 137.
With the recommendation that the substitute (H-3) 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 and Yaroch
Nays: Reps. Cochran, Faris, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana
The Committee on Appropriations, by Rep. Cox, Chair, reported
House Bill No. 4236, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2016 PA 249.
With the recommendation that the substitute (H-3) 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 and Yaroch
Nays: Reps. Cochran, Faris, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana
The Committee on Appropriations, by Rep. Cox, Chair, reported
House Bill No. 4237, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
With the recommendation that the substitute (H-2) 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 and Yaroch
Nays: Reps. Cochran, Faris, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana
The Committee on Appropriations, by Rep. Cox, Chair, reported
House Bill No. 4238, entitled
A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
With the recommendation that the substitute (H-2) 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 and Yaroch
Nays: Reps. Cochran, Faris, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cox, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, May 3, 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 Local Government, by Rep. Lower, Chair, reported
House Bill No. 4423, entitled
A bill to create the sheriff patrol assistance for financially distressed communities program act; to describe the sheriff patrol assistance for financially distressed communities program; and to provide for certain grants.
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. Lower, Crawford, Runestad, Howell, Alexander, Frederick, Hauck, Green, Moss, Ellison and Sabo
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Lower, Chair, of the Committee on Local Government, was received and read:
Meeting held on: Wednesday, May 3, 2017
Present: Reps. Lower, Crawford, Runestad, Howell, Alexander, Frederick, Hauck, Green, Moss, Ellison and Sabo
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair, of the Committee on Natural Resources, was received and read:
Meeting held on: Wednesday, May 3, 2017
Present: Reps. Howell, LaFave, Maturen, Bellino, Rendon, VanderWall, Chang and Sowerby
Absent: Rep. Kivela
Excused: Rep. Kivela
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Tedder, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, May 3, 2017
Present: Reps. Tedder, Maturen, Howrylak, Kesto, Lucido, Vaupel, Johnson, Kahle, Lower, Byrd, Neeley and Ellison
Absent: Rep. Hammoud
Excused: Rep. Hammoud
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Albert, Chair, of the Committee on Financial Liability Reform, was received and read:
Meeting held on: Wednesday, May 3, 2017
Present: Reps. Albert, Reilly, McCready, Leutheuser, Lucido, Maturen, Wittenberg, Scott and Sneller
Announcements by the Clerk
The Clerk received the following dissent from Rep. Ellison:
Today I submit my dissent to protest against the actions perpetrated by the Majority when it failed to allow constitutionally guaranteed recorded votes on parts of the budget. Members are fighting hard for a budget that supports our middle class, invests in our crumbling roads and bridges, ensures strong public safety and provides a top-rate education for our kids. To that end, we offered multiple amendments that would have resulted in a budget that more closely reflected these priorities. Despite explicit written evidence of the necessary 1/5 support within the chamber required for a record roll call vote, we were ignored and dismissed in violation of the Michigan Constitution. This is not what democracy looks like. I am disappointed in today’s actions.
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Rep. Lower moved that the House adjourn.
The motion prevailed, the time being 3:50 p.m.
Associate Speaker Pro Tempore Glenn declared the House adjourned until Thursday, May 4, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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