No. 67

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Tuesday, September 19, 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 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—excused 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

Rev. Mark W. Jennings, Pastor of First Presbyterian Church in Richland, offered the following invocation:

“Almighty God, Ruler of all the peoples of the earth, Your glory shines throughout the world. We thank You and ask Your blessing on our nation, our President, and our leaders. Make us always remember Your generosity and constantly seek Your will. May the longings of Your Spirit be the longings of our hearts. Save us from violence, discord, and confusion; from pride and arrogance, and from every evil way. Make us who come from many nations with many languages a united people. Defend our liberties and give those whom we have entrusted with the authority of government the spirit of wisdom, that there might be justice and peace in our land. When times are prosperous, let our hearts be thankful; and in troubled times, do not let our trust in You fail.

We commend our state of Michigan to Your merciful care. Bless all those who hold office here, that they may do their work in a spirit of wisdom, kindness, and justice. Help them to use their authority to serve faithfully. Help them to remember that they are called to serve the people as lovers of truth and justice. Assist us all to show Your love to one another that together we may serve You in faith and friendship. Amen.”

______

Rep. Greig moved that Rep. Greimel be excused from today’s session.

The motion prevailed.

Reports of Standing Committees

The Committee on Law and Justice, by Rep. Lucido, Vice-Chair, reported

House Bill No. 4939, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2017 PA 89.

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. Lucido, Graves, Roberts, Theis, Albert, Chang, Guerra, Liberati and Wittenberg

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lucido, Vice-Chair, of the Committee on Law and Justice, was received and read:

Meeting held on: Tuesday, September 19, 2017

Present: Reps. Lucido, Graves, Roberts, Theis, Albert, Chang, Guerra, Liberati and Wittenberg

Absent: Reps. Kesto, Howrylak and Robinson

Excused: Reps. Kesto, Howrylak and Robinson

The Committee on Elections and Ethics, by Rep. Miller, Chair, reported

Senate Bill No. 335, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 4, 6, 9, 11, 17, 24, 26, 33, 35, 44, 51, 54, and 55 (MCL 169.203, 169.204, 169.206, 169.209, 169.211, 169.217, 169.224, 169.226, 169.233, 169.235, 169.244, 169.251, 169.254, and 169.255), sections 3 and 11 as amended by 2012 PA 273, sections 4, 6, 9, 24, 33, 35, 54, and 55 as amended by 2015 PA 269, sections 17 and 51 as amended by 1989 PA 95, section 26 as amended by 2013 PA 252, and section 44 as amended by 1994 PA 411, and by adding sections 24b and 24c.

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. Miller, Calley, Garcia, Webber and Lilly

Nays: Reps. Guerra, Zemke and Moss

The Committee on Elections and Ethics, by Rep. Miller, Chair, reported

Senate Bill No. 336, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11e of chapter XVII (MCL 777.11e), as amended by 2012 PA 274.

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. Miller, Calley, Garcia, Webber and Lilly

Nays: Reps. Guerra, Zemke and Moss

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: Tuesday, September 19, 2017

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

Absent: Rep. Kesto

Excused: Rep. Kesto

The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported

House Bill No. 4888, entitled

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

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. Cole, Webber, Lucido, Maturen, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Cole, Chair, of the Committee on Transportation and Infrastructure, was received and read:

Meeting held on: Tuesday, September 19, 2017

Present: Reps. Cole, Webber, Lucido, Maturen, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller

The Committee on Judiciary, by Rep. Runestad, Chair, reported

House Bill No. 4458, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 227 (MCL 750.227), as amended by 1986 PA 8.

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. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave and Robinson

Nays: Reps. Guerra and Sowerby

The Committee on Judiciary, by Rep. Runestad, Chair, reported

House Bill No. 4500, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 39 of chapter XVII (MCL 777.39), as amended by 2006 PA 548.

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. Runestad, Theis, Howrylak, Cole, Hornberger and LaFave

Nays: Reps. Robinson, Guerra and Sowerby

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 19, 2017

Present: Reps. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Robinson, Guerra and Sowerby

Absent: Rep. Greimel

Excused: Rep. Greimel

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Glenn, Chair, of the Committee on Energy Policy, was received and read:

Meeting held on: Tuesday, September 19, 2017

Present: Reps. Glenn, Hauck, Barrett, Cole, Tedder, Bellino, Farrington, Griffin, Johnson, LaFave, Lower, Reilly, Lasinski, Dianda, Camilleri, Elder, Green and Sneller

Absent: Rep. Garrett

Excused: Rep. Garrett

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Wentworth, Chair, of the Committee on Military and Veterans Affairs, was received and read:

Meeting held on: Tuesday, September 19, 2017

Present: Reps. Wentworth, Graves, Hughes, Barrett, Glenn, Albert, Hoitenga, Johnson, Sabo, Brinks, Byrd, Elder and Jones

______

The Speaker called the Speaker Pro Tempore to the Chair.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. LaSata, VerHeulen, Inman, Leutheuser, Hoadley, Moss, Kelly, Marino, Calley, Iden, Miller, Rendon, Elder, Geiss, Greig, Howrylak, Jones, Liberati, Maturen and Sneller offered the following resolution:

House Resolution No. 150.

A resolution to declare September 17-23, 2017, as Independent Colleges and Universities Week in the state of Michigan.

Whereas, Michigan is home to 25 independent colleges and universities serving over 120,000 students; and

Whereas, While Michigan’s student population has declined overall, enrollment at Michigan’s independent colleges and universities has increased by 30 percent in the last 16 years; and

Whereas, Michigan’s independent colleges and universities experienced a 21 percent growth in United States military veteran undergraduate enrollment from 2014-15 and a 33 percent enrollment increase for United States military veterans in graduate programs. Thirty-nine percent of United States military veterans pursuing an undergraduate degree in Michigan do so at a Michigan independent college or university; and

Whereas, One of the most important factors in collegiate student success is affordability. Eighty-one percent of students attending a Michigan independent college or university receive some form of financial aid via an institutional scholarship or grant, with the amount of scholarships and grants provided directly by institutions increasing by over $246 million between 2005 and 2015–a 99 percent increase in 10 years; and

Whereas, Improved access to quality higher education is important for low-income students, women, minorities, and veterans; and

Whereas, Half of undergraduate students at Michigan’s independent colleges and universities receive need-based Pell grants; and

Whereas, 20,293 diplomas were earned in 2015 by students at independent colleges and universities in Michigan. Over 80 percent of graduates from Michigan independent colleges and universities choose to live and work in the state after graduation; and

Whereas, Smaller colleges and universities – like many Michigan independent colleges and universities – are able to provide individualized support, both in the classroom and within the administration; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 17-23, 2017, as Independent Colleges and Universities Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Lilly, Vaupel, Rabhi, Inman, LaGrand, Pagel, McCready, Marino, Roberts, Webber, Maturen, Brann, VanSingel, VerHeulen, Lucido, Kesto, Iden, VanderWall, Bizon, Sheppard, LaSata, Calley, Sabo, Camilleri, Brinks, Miller, Hammoud, Bellino, Singh, Crawford, Tedder, Howrylak, Garcia, Moss, Yaroch, Schor, Chang, Wittenberg, Ellison, Sneller, Hoadley, Green, Greig, Jones, Kosowski, Leutheuser, Lasinski, Afendoulis, Frederick, Allor and Elder offered the following concurrent resolution:

House Concurrent Resolution No. 15.

A concurrent resolution to memorialize the Congress of the United States to take action on immigration reform.

Whereas, Shortly after our Founding Fathers crafted the Declaration of Independence in 1776 and we became an independent, self-governing nation, immigration and naturalization policies were enacted to govern the stream of foreign nationals who sought out this great nation. Over the course of our country’s history, the Congress and President of the United States have updated these policies in response to domestic and world events and economic evolution; and

Whereas, Michigan has continued to welcome more and more immigrant families to our state. In 1990, foreign-born residents in Michigan accounted for 3.8 percent of the population. By 2015, that figure had increased to 6.6 percent. According to 2014 data from the U.S. Census Bureau, the state of Michigan ranks 15th nationally in the number of foreign-born residents; and

Whereas, Immigrants are indispensable to a healthy state economy, and their contributions are substantial. Immigrants account for approximately 7.2 percent of Michigan’s workforce. One-third of Michigan’s Fortune 500 companies were formed by immigrants or their children. These firms generate $186.4 billion annually and employ 400,000 individuals around the world. Immigrants are also indispensable to Michigan’s farming community, accounting for 58 percent of the economic impact of the state’s farming sector; and

Whereas, Everyday Americans have become increasingly frustrated with the current immigration and naturalization system. Organizations and leaders from across the ideological spectrum—spanning from business groups to faith leaders and from educators to human service organizations—agree that a comprehensive approach is necessary to resolve the country’s long-standing immigration and naturalization problems; and

Whereas, A 21^st-century nation requires 21^st-century immigration and naturalization policies. For too long, comprehensive immigration reform has been an unaddressed priority of both political parties and in many states, including the state of Michigan. The absence of such reform leaves in place a patchwork of policies that creates confusion, uncertainty, and fear within immigrant communities and for employers, universities, and congregations of various faiths. Moreover, our nation’s imperfect immigration system dampens tourism and burdens our state and local governments with high enforcement and legal costs. Only a bipartisan solution to our nation’s immigration woes will ensure that our nation’s physical and economic well-being are secure; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to take action on immigration reform; and be it further

Resolved, That copies of this resolution be transmitted to 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 concurrent resolution was referred to the Committee on Michigan Competitiveness.

Second Reading of Bills

Senate Bill No. 335, entitled

The bill was read a second time.

Rep. Hoadley moved to amend the bill as follows:

1. Amend page 26, following line 6, by inserting:

“SEC. 30A. A PERSON SHALL NOT MAKE A CONTRIBUTION TO A COMMITTEE WITHIN 20 YEARS AFTER THAT PERSON RECEIVES MONEY FROM THE GOOD JOBS FOR MICHIGAN FUND CREATED IN SECTION 90J OF THE MICHIGAN STRATEGIC FUND ACT, 1984 PA 270, MCL 125.2090J.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Guerra moved to amend the bill as follows:

1. Amend page 20, following line 17, by inserting:

“(3) THE SECRETARY OF STATE SHALL INVESTIGATE WHETHER A VIOLATION OF THIS ACT HAS OCCURRED WHEN A PERSON MAKING AN INDEPENDENT EXPENDITURE RELATED TO A BALLOT QUESTION COMMITTEE, CANDIDATE, CANDIDATE COMMITTEE, OR POLITICAL PARTY COMMITTEE ENGAGES AN ATTORNEY, VENDOR, OR OTHER AGENT THAT IS ALSO OR HAS BEEN ENGAGED BY THAT CANDIDATE OR COMMITTEE. THE SECRETARY OF STATE SHALL PROMULGATE RULES TO IMPLEMENT THIS SUBSECTION IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Moss moved to amend the bill as follows:

1. Amend page 46, following line 4, by inserting:

“Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 99th Legislature are enacted into law:

(a) House Bill No. 4148.

(b) House Bill No. 4149.

(d) House Bill No. 4151.

(e) House Bill No. 4152.

(f) House Bill No. 4153.

(g) House Bill No. 4154.

(h) House Bill No. 4155.

(i) House Bill No. 4156.

(j) House Bill No. 4157.”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Zemke moved to amend the bill as follows:

1. Amend page 46, following line 4, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4345 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. Rabhi moved to amend the bill as follows:

1. Amend page 46, following line 4, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 4365 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. Camilleri moved to substitute (H-1) the bill.

The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Zemke moved to substitute (H-2) the bill.

The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.