No. 12

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2016

House Chamber, Lansing, Tuesday, February 9, 2016.

1:30 p.m.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Afendoulis—present Garcia—present LaFontaine—present Price—present

Banks—present Garrett—present Lane—present Pscholka—present

Barrett—present Gay-Dagnogo—present Lauwers—present Rendon—present

Bizon—present Geiss—present LaVoy—present Roberts, B.—present

Brinks—present Glardon—present Leonard—present Roberts, S.—present

Brunner—present Glenn—present Leutheuser—present Robinson—present

Bumstead—present Goike—present Liberati—present Runestad—present

Byrd—present Graves—present Love—present Rutledge—present

Callton—present Greig—present Lucido—present Santana—present

Canfield—present Greimel—present Lyons—present Schor—present

Chang—present Guerra—present Maturen—present Sheppard—present

Chatfield—present Heise—present McBroom—present Singh—present

Chirkun—present Hoadley—present McCready—present Smiley—present

Clemente—present Hooker—present Miller, A.—present Somerville—present

Cochran—present Hovey-Wright—present Moss—present Talabi—present

Cole—present Howrylak—present Muxlow—present Tedder—present

Cotter—present Hughes—present Neeley—present Theis—present

Cox—present Iden—present Nesbitt—present Townsend—present

Crawford—present Inman—present Outman—present Vaupel—present

Darany—present Irwin—present Pagan—present VerHeulen—present

Dianda—present Jacobsen—present Pagel—present Victory—present

Driskell—present Jenkins—present Pettalia—present Webber—present

Durhal—present Johnson—present Phelps—excused Wittenberg—present

Faris—present Kelly—present Plawecki—present Yanez—present

Farrington—present Kesto—present Poleski—present Yonker—present

Forlini—present Kivela—present Potvin—present Zemke—present

Franz—present Kosowski—present

e/d/s = entered during session

Rep. Ed McBroom, from the 108th District, offered the following invocation:

“Dear Father, we thank You for this new day and new opportunity to serve You. We pray that we would deliberate wisely and strive to produce righteous laws and opportunities for the people of this state. Help us to remember, our service to You every day is a gift from You. Help us to remember to think of those around us and to love our neighbors as ourselves. I pray this in Jesus’ name, Amen.”

______

The Speaker assumed the Chair.

______

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

The motion prevailed.

Motions and Resolutions

Reps. Garrett, Chang, Love, Glenn, Yanez, Talabi, Neeley, Brunner, Plawecki, Hoadley, Liberati, Cochran, Chirkun, Rutledge, Brinks, Hughes, Greig, Darany, Geiss, Gay-Dagnogo, Byrd, Irwin, Clemente, Hovey-Wright, Dianda, Driskell, Townsend, Sarah Roberts, Faris, Wittenberg, Durhal, Guerra, Singh, Maturen, Jenkins, Yonker, Chatfield, Kosowski, Callton, Graves, Canfield, Heise, Garcia, Cox, Howrylak, Glardon, Lucido and LaVoy offered the following resolution:

House Resolution No. 218.

A resolution to express the sense of this legislative body that the state of Michigan should continue its efforts to expose and stop human trafficking activities in the state.

Whereas, An estimated 1.5 million children and adults are subjected to prostitution in the North American commercial sex trade. Sex traffickers use violence, treats, lies, and other forms of coercion to snare children and adults in the commercial sex trade against their will; and

Whereas, Michigan is not immune to the devastation and destruction of human trafficking. The state ranks number two in the nation, only behind Nevada, in the number of individuals involved in the human trafficking sex trade; and

Whereas, Our proximity to Canada and our waterways make Michigan inviting for those illegally trafficking humans. Additionally, large events that allow our state to shine on the national stage are also prime opportunities for sex traffickers, placing even greater importance on our efforts to identify and end human trafficking in Michigan; and

Whereas, In 2014, the Legislature enacted Public Act 325 to establish the Human Trafficking Commission within the Department of the Attorney General, a standing commission tasked with providing information and training regarding human trafficking to law enforcement and other appropriate persons, collecting information concerning human trafficking in Michigan, examining existing laws, and making recommendations for improvements; and

Whereas, Despite all our efforts to date, human trafficking remains a serious problem in the state. The Human Trafficking Commission has recently identified additional action the Legislature can take to better protect victims and increase punishment for those charged in trafficking cases; now, therefore, be it

Resolved by the House of Representatives, That we express the sense of this legislative body that the state of Michigan should continue its efforts to expose and stop human trafficking activities in the state.

The resolution was referred to the Committee on Criminal Justice.

Third Reading of Bills

House Bill No. 4343, entitled

A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” (MCL 257.1301 to 257.1340) by adding sections 20a and 22a.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Nesbitt moved that consideration of the bill be postponed temporarily.

The motion prevailed.

The Speaker called the Speaker Pro Tempore to the Chair.

Senate Bill No. 513, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 3a.

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

Roll Call No. 29 Yeas—105

Afendoulis Garcia Kosowski Price

Banks Garrett LaFontaine Pscholka

Barrett Gay-Dagnogo Lane Rendon

Bizon Geiss Lauwers Roberts, B.

Brinks Glardon LaVoy Roberts, S.

Brunner Glenn Leonard Robinson

Bumstead Goike Leutheuser Runestad

Byrd Graves Liberati Rutledge

Callton Greig Love Santana

Canfield Greimel Lucido Schor

Chang Guerra Lyons Sheppard

Chatfield Heise Maturen Singh

Chirkun Hoadley McBroom Smiley

Clemente Hooker McCready Somerville

Cochran Hovey-Wright Miller, A. Talabi

Cole Howrylak Moss Tedder

Cotter Hughes Muxlow Theis

Cox Iden Neeley Townsend

Crawford Inman Nesbitt Vaupel

Darany Irwin Outman VerHeulen

Dianda Jacobsen Pagan Victory

Driskell Jenkins Pagel Webber

Durhal Johnson Pettalia Wittenberg

Faris Kelly Plawecki Yanez

Farrington Kesto Poleski Yonker

Forlini Kivela Potvin Zemke

Franz

Nays—0

In The Chair: Leonard

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

“An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”

The House agreed to the full title.

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

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

______

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

Second Reading of Bills

House Bill No. 5006, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 5a.

The bill was read a second time.

Rep. Cochran 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. Nesbitt moved to reconsider the vote by which the House did not adopt the substitute (H-1) offered by Rep. Cochran.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the adoption of the substitute (H-1) offered by Rep. Cochran,

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

Rep. Cochran moved to amend the bill as follows:

1. Amend page 1, line 3, after “MEMORIAL” by striking out “FREEWAY” and inserting “HIGHWAY”.

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

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

The motion prevailed.

House Bill No. 5147, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 315a and 376a (MCL 750.315a and 750.376a), as amended by 2014 PA 400.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5251, entitled

A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4111 (MCL 487.14111), as added by 2014 PA 399.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5163, entitled

A bill to amend 2003 PA 258, entitled “Land bank fast track act,” by amending section 18 (MCL 124.768); and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Heise moved to substitute (H-1) the bill.

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

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

The motion prevailed.

Senate Bill No. 503, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 3, 7, 13, 15, and 25 of chapter XIIB (MCL 712B.3, 712B.7, 712B.13, 712B.15, and 712B.25), as added by 2012 PA 565.

The bill was read a second time.

Rep. Nesbitt 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

Third Reading of Bills

House Bill No. 4353, entitled

A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending section 1 (MCL 287.331), as amended by 1997 PA 7, and by adding section 8c.

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

Roll Call No. 30 Yeas—88

Afendoulis Garcia Kivela Price

Banks Garrett Kosowski Pscholka

Barrett Gay-Dagnogo LaFontaine Roberts, B.

Bizon Geiss Lane Roberts, S.

Brinks Glardon LaVoy Robinson

Brunner Graves Leonard Runestad

Byrd Greig Leutheuser Rutledge

Callton Greimel Liberati Santana

Canfield Guerra Love Schor

Chang Heise Lucido Sheppard

Chirkun Hoadley Lyons Singh

Clemente Hovey-Wright Maturen Smiley

Cochran Howrylak McCready Talabi

Cotter Hughes Moss Tedder

Cox Iden Muxlow Townsend

Crawford Inman Neeley Vaupel

Darany Irwin Nesbitt VerHeulen

Driskell Jacobsen Outman Webber

Durhal Jenkins Pagan Wittenberg

Faris Johnson Pagel Yanez

Farrington Kelly Pettalia Yonker

Forlini Kesto Plawecki Zemke

Nays—17

Bumstead Glenn McBroom Rendon

Chatfield Goike Miller, A. Somerville

Cole Hooker Poleski Theis

Dianda Lauwers Potvin Victory

Franz

In The Chair: Franz

The House agreed to the title of the bill.

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

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

______

Rep. Theis, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

While I understand and support providing protections for our animals, I am concerned that the methodology used in placing information on the ICHAT system and its potential for unintended consequences.”

House Bill No. 4355, entitled

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

Roll Call No. 31 Yeas—88

Afendoulis Forlini Kesto Plawecki

Banks Garcia Kivela Price

Barrett Garrett Kosowski Pscholka

Bizon Gay-Dagnogo LaFontaine Roberts, B.

Brinks Geiss Lane Roberts, S.

Brunner Glardon Lauwers Robinson

Bumstead Graves LaVoy Rutledge

Byrd Greig Leonard Santana

Callton Greimel Liberati Schor

Canfield Guerra Love Sheppard

Chang Heise Lucido Singh

Chirkun Hoadley Lyons Smiley

Clemente Hovey-Wright Maturen Talabi

Cochran Howrylak McCready Tedder

Cotter Hughes Moss Townsend

Cox Iden Muxlow Vaupel

Crawford Inman Neeley VerHeulen

Darany Irwin Nesbitt Webber

Driskell Jacobsen Outman Wittenberg

Durhal Jenkins Pagan Yanez

Faris Johnson Pagel Yonker

Farrington Kelly Pettalia Zemke

Nays—17

Chatfield Goike Miller, A. Runestad

Cole Hooker Poleski Somerville

Dianda Leutheuser Potvin Theis

Franz McBroom Rendon Victory

Glenn

In The Chair: Franz

The House agreed to the title of the bill.

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

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

______

Rep. Theis, having reserved the right to explain her protest against the passage of the bill, made the following statement:

“Mr. Speaker and members of the House:

Second Reading of Bills

House Bill No. 5219, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 57 (MCL 169.257), as amended by 2015 PA 269.

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

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

Rep. Irwin moved to amend the bill as follows:

1. Amend page 2, line 7, after “(a)” by striking out “SUBJECT TO SUBSECTION (3), THE” and inserting “The”.

2. Amend page 2, line 10, after “(b)” by striking out “Subject to subsection (3), the” and inserting “THE”.

3. Amend page 4, line 9, by striking out all of subsection (3) and renumbering the remaining subsection.

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

Rep. Irwin moved to amend the bill as follows:

1. Amend page 4, line 23, after “FACTUAL” by striking out “AND STRICTLY NEUTRAL”.

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

Rep. Farrington moved to amend the bill as follows:

1. Amend page 4, line 25, after “ELECTORATE” by striking out the balance of the subdivision and inserting a period.

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

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

The motion prevailed.

______

Rep. Garcia moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, February 4:

House Bill Nos. 5313 5314

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, February 9:

Senate Bill Nos. 753 754 755 756 757 758 759 760 761 762 763 764 765 766

767 768 769 770 771 772 773 774 775

Reports of Standing Committees

The Committee on Health Policy, by Rep. Callton, Chair, reported

Senate Bill No. 444, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 209A.

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. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Geiss, Liberati, Neeley and Wittenberg

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 9, 2016

Present: Reps. Callton, Vaupel, Hooker, Yonker, Graves, Hughes, Kesto, VerHeulen, Bizon, Chatfield, Crawford, Garcia, Tedder, Darany, Brinks, Cochran, Geiss, Liberati, Neeley and Wittenberg

Absent: Rep. Phelps

Excused: Rep. Phelps

The Committee on Natural Resources, by Rep. LaFontaine, Chair, reported

House Bill No. 5128, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2015 PA 20.

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. LaFontaine, Rendon, Forlini, Goike, Lyons, McBroom, Smiley and Plawecki

Nays: Rep. Kivela

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaFontaine, Chair, of the Committee on Natural Resources, was received and read:

Meeting held on: Tuesday, February 9, 2016

Present: Reps. LaFontaine, Rendon, Forlini, Goike, Lyons, McBroom, Kivela, Smiley and Plawecki

The Committee on Commerce and Trade, by Rep. Graves, Chair, reported

Senate Bill No. 366, entitled

A bill to regulate the solicitation of certain deeds; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies.

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. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Leutheuser, Schor, Townsend, Byrd, Garrett, Geiss, Love and Moss

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 9, 2016

Present: Reps. Graves, Sheppard, Callton, Jenkins, Johnson, Rendon, Somerville, Hughes, Barrett, Garcia, Glenn, Leutheuser, Schor, Townsend, Byrd, Garrett, Geiss, Love and Moss

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 9, 2016

Present: Reps. Pettalia, Glardon, Farrington, Goike, Jacobsen, Yonker, Lauwers, Cole, Maturen, Lane, Rutledge, Smiley, Cochran, Dianda and Neeley

Absent: Rep. McCready

Excused: Rep. McCready

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 9, 2016

Present: Reps. Kesto, Lucido, Heise, Johnson, Howrylak, Cole, Runestad, Irwin, Robinson, Chang and Guerra

Messages from the Senate

House Bill No. 4455, entitled

A bill to amend 1925 PA 354, entitled “An act to provide for the construction, improvement, repair and maintenance of bridges; to provide for inter-municipal and interstate bridges; to provide for bridges over navigable streams and for their operation; to provide for the construction, improvement and maintenance of bridges over mill races; and to regulate the altering of the stage of water, and the widening and deepening of the channel of watercourses,” by amending section 19a (MCL 254.19a), as amended by 1982 PA 375.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4853, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811a (MCL 257.811a), as amended by 2003 PA 103.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4854, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 309 and 312b (MCL 257.309 and 257.312b), section 309 as amended by 2015 PA 11 and section 312b as amended by 2013 PA 177.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Communications from State Officers

The following communication from the Department of Health and Human Services was received and read:

January 22, 2016

As per the Child Advocacy Center Act, Public Act 544 of 2008, the Michigan Domestic and Sexual Violence Prevention and Treatment Board is required to “provide an annual report of incomes and expenditures to the secretary of the senate and the clerk of the house of representatives.”

Please note that Public Act 544 of 2008 did not allow for expenditures from the fund prior to April 1, 2011. Attached please find a Statement of Revenues, Expenditures and Changes in Fund Balances through year end September 30, 2015.

Please feel free to contact me of any additional information or questions. My direct line is (517) 241-5114. Thank you.

Sincerely,

Debi Cain

Executive Director

The communication was referred to the Clerk.

Announcements by the Clerk

February 5, 2016

Received from the Auditor General a copy of the:

• Performance audit report on the Michigan Integrated Data Automated System (MiDAS), Unemployment Insurance Agency, Department of Talent and Economic Development and Department of Technology, Management, and Budget, February 2016.

Gary L. Randall

Clerk of the House

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Friday, February 5, for his approval of the following bill:

Enrolled House Bill No. 5023 at 1:43 p.m.

Messages from the Senate

Senate Bill No. 136, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; 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 and referred to the Committee on Appropriations.

Senate Bill No. 501, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 302a (MCL 257.302a), as amended by 2006 PA 298.

The Senate has passed the bill.

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

Senate Bill No. 607, entitled

A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 2 (MCL 487.2122).

The Senate has passed the bill.

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

Senate Bill No. 644, entitled

A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as added by 2010 PA 331.

The Senate has passed the bill.

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

Senate Bill No. 719, entitled

A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 35 (MCL 487.2155).

The Senate has passed the bill.

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

Introduction of Bills

Reps. Barrett and Iden introduced

House Bill No. 5315, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2404 (MCL 339.2404), as amended by 2014 PA 176.

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

Reps. Darany, Yanez, Townsend, Moss, Sarah Roberts, Cochran, Lane, Faris, Plawecki, Liberati, Chirkun, Geiss, Pagan, Potvin, McBroom, Zemke, LaVoy, Hovey-Wright, Santana and Kosowski introduced

House Bill No. 5316, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 101 (MCL 388.1701), as amended by 2015 PA 85.

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

Reps. Irwin, Robinson, Plawecki, Pagan and Hovey-Wright introduced

House Bill No. 5317, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 2, 2d, 4, and 18h of chapter XIIA (MCL 712A.2, 712A.2d, 712A.4, and 712A.18h), section 2 as amended by 2014 PA 519, section 2d as amended by 1998 PA 478, section 4 as amended by 1996 PA 409, and section 18h as added by 1996 PA 244; and to repeal acts and parts of acts.