No. 10

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2018

House Chamber, Lansing, Wednesday, January 31, 2018.

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 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 Scott—present

Brinks—present Greig—present Leonard—present Sheppard—present

Byrd—present Greimel—present Leutheuser—present Singh—present

Calley—present Griffin—present Liberati—present Sneller—present

Cambensy—present Guerra—present Lilly—present Sowerby—present

Camilleri—present Hammoud—present Love—present Tedder—present

Canfield—present Hauck—present Lower—present Theis—present

Chang—present Hernandez—present Lucido—present VanderWall—present

Chatfield—present Hertel—present Marino—present VanSingel—present

Chirkun—present Hoadley—present Maturen—present Vaupel—present

Clemente—present Hoitenga—present McCready—present VerHeulen—present

Cochran—present Hornberger—present Miller—present Victory—present

Cole—present Howell—present Moss—present Webber—present

Cox—present Howrylak—present Neeley—present Wentworth—present

Crawford—present Hughes—present Noble—present Whiteford—present

Dianda—present Iden—present Pagan—present Wittenberg—present

Durhal—present Inman—present Pagel—present Yancey—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

e/d/s = entered during session

Pastor Karen Wolfe, Pastor of Colling Church of the Nazarene in Unionville, offered the following invocation:

“Dear Heavenly Father,

We come before You today to give You honor and praise You are so worthy of. You are the source of all that is good. You are the source of all of our blessings.

Thank You for the history of our Founding Father’s example of seeking You in prayer for the decisions that laid before them. We praise You now that over 200 years later we can continue in their footsteps to seek Your guidance.

Thank You for these women and men who have heard the call to serve this great State. They carry a heavy load. So today I pray for clarity where there is confusion. Patience where there is misunderstanding. Today may they be open to others’ ideas and beliefs, and respectful of differences. Enable them to move forward with a shared purpose, their responsibility to the rights and needs of both individuals and communities.

I pray for their families. Thank You for the love and support they bring. But Lord we know it can take a toll on these healing, and may love and support be reciprocated.

We pray for the support staff. They too carry a heavy load. The men and women sitting here today can tackle many things because of those who help with the research, the communication and the day to day operation. We are thankful for the gifts and talents they bring.

Lord, I know there are others who work for this State in other capacities. For these, who work behind the scenes, may they know their work is appreciated, and as we walk these halls, may we take the time to thank them.

We ask You to guide and direct this meeting so it is full of wisdom and productivity. We know with confidence as we pray for Your guidance, You hear, as You hear, You answer, and when You answer, may we listen and obey.

We ask these things in Your name, Amen.”

______

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

Motions and Resolutions

Reps. Barrett, Allor, Brinks, Chirkun, Clemente, Cochran, Crawford, Faris, Gay-Dagnogo, Geiss, Greig, Howrylak, Hughes, Jones, Kelly, Maturen, Sneller, Sowerby, Wittenberg and Zemke offered the following resolution:

House Resolution No. 238.

A resolution to declare January 31, 2018, as Aerospace Appreciation Day in the state of Michigan.

Whereas, Since the dawn of powered flight, Michigan has developed a proud heritage of aerospace design, development and manufacturing. The Willow Run Bomber Plant helped to win World War II by building almost half of all the B-24 bombers produced by the United States. Also, the Selfridge Air National Guard Base has served a vital role in our nation’s defense for over 100 years; and

Whereas, The Yankee Air Museum, Selfridge Military Air Museum, and the Air Zoo Aerospace & Science Museum showcase Michigan’s rich aerospace history. Our state is the birthplace of twelve NASA astronauts including Roger B. Chaffee of Apollo 1 and Gregory Jarvis of Challenger, and of notable aviation pioneers William Boeing, Edward Heinemann, Clarence “Kelly” Johnson, Iven Kincheloe, Charles Lindbergh, and many others; and

Whereas, For over a century, Michigan academic institutions have educated generations of aerospace and aeronautical scientists and engineers; and

Whereas, Michigan’s economy is strengthened by more than 650 aerospace manufacturing companies. Our state is ranked second in the country in aerospace manufacturing attractiveness; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 31, 2018, as Aerospace Appreciation Day in the state of Michigan.

The question being on the adoption of the resolution,

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

Substitute for House Resolution No. 238.

A resolution to declare January 31, 2018, as Aerospace Appreciation Day in the state of Michigan.

Whereas, Since the dawn of powered flight, Michigan has developed a proud heritage of aerospace design, development and manufacturing. The Willow Run Bomber Plant helped to win World War II by building almost half of all the B-24 bombers produced by the United States. Also, the Selfridge Air National Guard Base has served a vital role in our nation’s defense for over 100 years; and

Whereas, The Yankee Air Museum, Selfridge Military Air Museum, and the Air Zoo Aerospace & Science Museum showcase Michigan’s rich aerospace history. Our state is the birthplace of twelve NASA astronauts including Roger B. Chaffee of Apollo 1 and Gregory Jarvis of Challenger, and of notable aviation pioneers William Boeing, Edward Heinemann, Clarence “Kelly” Johnson, Iven Kincheloe, Charles Lindbergh, and many others; and

Whereas, For over a century, Michigan academic institutions have educated generations of aerospace and aeronautical scientists and engineers; and

Whereas, Michigan’s economy is strengthened by more than 600 aerospace manufacturing companies. Our state is ranked second in the country in aerospace manufacturing attractiveness; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 31, 2018, as Aerospace Appreciation Day in the state of Michigan.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Faris, Allor, Brinks, Calley, Chang, Chirkun, Clemente, Cochran, Crawford, Elder, Gay-Dagnogo, Geiss, Greig, Howrylak, Hughes, Jones, Kelly, Lasinski, Liberati, Love, Maturen, Moss, Pagan, Rendon, Sneller, Sowerby, Wittenberg, Yaroch and Zemke offered the following resolution:

House Resolution No. 239.

A resolution to commemorate the 100th anniversary of the passage of women’s suffrage in the state of Michigan.

Whereas, The 63 year effort for women’s suffrage in Michigan began in 1855 with a petition campaign; and

Whereas, In 1866, Michigan’s first bill to extend the right to vote to women was defeated by one vote in the legislature; and

Whereas, In 1870, the Michigan State Woman Suffrage Association was formed in Battle Creek. That same year, a women’s suffrage bill was passed by the Michigan Legislature, but vetoed by the Governor Henry Baldwin; and

Whereas, In 1884, the Michigan Equal Suffrage Association was formed in Flint, and Mary Doe of Bay City served as the first president; and

Whereas, In 1918 Michigan’s voters approved a state constitutional amendment by 54.92% of the vote, extending suffrage to Michigan women; and

Whereas, Michigan women played an instrumental role in achieving women’s suffrage both in Michigan and across the country; and

Whereas, The National Suffrage Amendment, the 19th Amendment to the U.S. Constitution, was passed by Congress on June 5, 1918. Michigan was the second state to ratify the amendment on June 10, 1918; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 100th anniversary of the passage of women’s suffrage in the state of Michigan.

The question being on the adoption of the resolution,

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

Substitute for House Resolution No. 239.

A resolution to commemorate the 100th anniversary of the passage of women’s suffrage in the state of Michigan.

Whereas, The 63 year effort for women’s suffrage in Michigan began in 1855 with a petition campaign; and

Whereas, In 1866, Michigan’s first bill to extend the right to vote to women was defeated by one vote in the legislature; and

Whereas, In 1870, the Michigan State Woman Suffrage Association was formed in Battle Creek. That same year, a women’s suffrage bill was passed by the Michigan Legislature, but vetoed by the Governor Henry Baldwin; and

Whereas, In 1884, the Michigan Equal Suffrage Association was formed in Flint, and Mary Doe of Bay City served as the first president; and

Whereas, In 1918 Michigan’s voters approved a state constitutional amendment by 54.1 % of the vote, extending suffrage to Michigan women; and

Whereas, Michigan women played an instrumental role in achieving women’s suffrage both in Michigan and across the country; and

Whereas, The National Suffrage Amendment, the 19th Amendment to the U.S. Constitution, was passed by Congress on June 4, 1919. Michigan was the second state to ratify the amendment on June 10, 1919; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 100th anniversary of the passage of women’s suffrage in the state of Michigan.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Hornberger, Allor, Clemente, Cochran, Crawford, Faris, Gay-Dagnogo, Geiss, Howrylak, Hughes, Jones, Kelly, Liberati, Love, Maturen, Rendon, Sneller, Wittenberg, Yaroch and Zemke offered the following resolution:

House Resolution No. 240.

A resolution to declare January 31, 2018, as Omphalocele Awareness Day in the state of Michigan.

Whereas, An omphalocele is a birth defect that occurs early in pregnancy in which the abdominal wall does not close properly and some or most of the abdominal organs protrude on the outside of the fetus’s body through the umbilical cord; and

Whereas, It is estimated that a small omphalocele occurs in about 1 out of every 5,000 pregnancies and a large or giant omphalocele occurs in about 1 out of every 10,000 pregnancies; and

Whereas, An omphalocele may be isolated or may be associated with other defects or chromosomal abnormalities; and

Whereas, Despite the challenges a baby born with an omphalocele may face, many babies who are born with an omphalocele survive and go on to live happy, healthy lives; and

Whereas, Mothers of Omphaloceles, “MOO”, is a group of parents from around the world that was created to provide hope, support, and information to families with babies diagnosed with an omphalocele; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 31, 2018, as Omphalocele Awareness Day in the state of Michigan. We recognize and commend the Mothers of Omphaloceles for their courageous efforts to advocate for their children.

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 4119, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 411x.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Law and Justice,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Howrylak moved to amend the bill as follows:

1. Amend page 1, line 3, after “A” by striking out “FELONY” and inserting “MISDEMEANOR”.

2. Amend page 1, line 4, after the first “THAN” by striking out “4 YEARS” and inserting “1 YEAR”.

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

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

The motion prevailed.

House Bill No. 4585, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 479d.

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

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

Reps. LaGrand moved to amend the bill as follows:

1. Amend page 1, line 5, after “YEARS” by striking out the balance of the sentence 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. Hammoud moved to amend the bill as follows:

1. Amend page 1, line 2, after “TARGETED” by inserting “MALICIOUSLY AND WITH SPECIFIC INTENT”.

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

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

The motion prevailed.

House Bill No. 4590, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 479d.

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

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

Rep. Chang moved to amend the bill as follows:

1. Amend page 1, line 5, after “YEARS” by striking out the balance of the sentence 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. Hammoud moved to amend the bill as follows:

1. Amend page 1, line 2, after “TARGETED” by inserting “MALICIOUSLY AND WITH SPECIFIC INTENT”.

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

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

The motion prevailed.

House Bill No. 4118, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2013 PA 216.

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

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

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

The motion prevailed.

House Bill No. 4591, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 323.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Law and Justice,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Iden 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

Rep. Lauwers moved that House Bill No. 4118 be placed on its immediate passage.

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

House Bill No. 4118, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2013 PA 216.

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

Roll Call No. 36 Yeas—86

Afendoulis Elder Kahle Phelps

Albert Faris Kelly Rendon

Alexander Farrington Kesto Roberts

Allor Frederick Kosowski Runestad

Barrett Garcia LaFave Sabo

Bellino Geiss LaSata Sheppard

Bizon Glenn Lasinski Singh

Brann Graves Lauwers Sneller

Brinks Green Leonard Sowerby

Byrd Greig Leutheuser Tedder

Cambensy Greimel Lilly Theis

Camilleri Griffin Lower VanderWall

Canfield Guerra Lucido VanSingel

Chang Hauck Marino Vaupel

Chatfield Hernandez Maturen VerHeulen

Chirkun Hertel McCready Victory

Clemente Hoitenga Miller Webber

Cole Hornberger Neeley Wentworth

Cox Howell Noble Yanez

Crawford Hughes Pagan Yaroch

Dianda Iden Pagel Zemke

Durhal Inman

Nays—23

Calley Hoadley Love Santana

Cochran Howrylak Moss Scott

Ellison Johnson Peterson Whiteford

Garrett Jones Rabhi Wittenberg

Gay-Dagnogo LaGrand Reilly Yancey

Hammoud Liberati Robinson

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.

______

Rep. Yancey, 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:

this bill is redundant and those who violate the acts in this bill can currently be prosecuted to the fullest extent of the law. Adding additional laws for the same purpose is not necessary. It is more necessary to address the community mental health needs than to create laws that are already enforced.”

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

“Mr. Speaker and members of the House:

Today I voted ‘no’ HB 4118, 4119 and HB 4585, 4590, and HB 4591

I support our first responders and officers. I’ve been proud to support increased funding to hire more officers and first responders and increase training. I fought tirelessly to ensure the efforts some legislative Republicans tried to ram through at the end of last year to cut retirement health benefits were defeated. I applaud that the number of felonious law enforcement fatalities has been decreasing nationally while grieving the fact that even one death is too many.

These are bills that claim to make use safer while doing nothing that addresses the underlying causes of violence in our community and correctional facilities.

First, there are already laws on the books in Michigan that cover both scenarios these bills were attempting to discourage. MCL 750.81d provides that the assault of a law enforcement officer or emergency worker is punishable by a 2-20 year felony and/or $2,000-$15,000 fine. If they were assaulted for their profession while not in the line of duty, they would still be fully covered under Michigan’s assault laws. For inmates in a correctional facility, the crimes being criminalized under the house bills today are, literally, already being addressed by the Michigan Department of Corrections. They sent out a press release a year ago about this:

http://www.michigan.gov/corrections/0,4551,7-119-1441_26969-404964—m_2017_2,00.html

Second, we don’t make our emergency responders safer by having harsher penalties after the fact. This legislature has had ample opportunities to make our communities safer by encouraging more community policing, funding additional training opportunities for officers, supporting violence reduction programs, passing proven gun violence prevention measures, enhancing training and work opportunities to life people out of poverty, or even working to reduce bias and discrimination. Everything I listed would help prevent violence. Instead, these bills hope that punishing someone harsher after they commit a violent act could put a bullet back in the chamber of the gun that’s already been fired. Those that are sworn to protect us deserve real solutions.”

Rep. Love, 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:

Today, I voted against a package of bills we are told protect law enforcement officers, firefighters, and other first responders. I fully support our brave men and women in uniform and would proudly vote for any bill that truly helps to protect them. However, these bills don’t do that. This package of bills did not add more officers to the streets, we did not increase access to better equipment, and we are not bringing the much needed mental health treatment to those in our prisons and communities who sorely need it. Those actions would truly help protect our first responders.

And while these bills may seem well intended, the proposed offenses in the bills are already punishable under current Michigan statutes. These issues have already been addressed. This package of bills only double down on punishment and offer very little in terms of deterring behavior and rehabilitation.

The loss of a life of a first responder is tragic and we should work to prevent that. But the answer is on the preventative side, not the punishment end. These bills will not do anything to better protect our first responders or prevent anyone seeking to do them harm. If we truly believe that ‘Blue Lives Matter’ then let us support them with positive preventative action, not cheap political ploys.”

Rep. Lauwers moved that House Bill No. 4119 be placed on its immediate passage.

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

House Bill No. 4119, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 411x.

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

Roll Call No. 37 Yeas—86

Afendoulis Elder Kahle Phelps

Albert Faris Kelly Rendon

Alexander Farrington Kesto Roberts

Allor Frederick Kosowski Runestad

Barrett Garcia LaFave Sabo

Bellino Geiss LaSata Sheppard

Bizon Glenn Lasinski Singh

Brann Graves Lauwers Sneller

Brinks Green Leonard Sowerby

Byrd Greig Leutheuser Tedder

Cambensy Greimel Lilly Theis

Camilleri Griffin Lower VanderWall

Canfield Guerra Lucido VanSingel

Chang Hauck Marino Vaupel

Chatfield Hernandez Maturen VerHeulen

Chirkun Hertel McCready Victory

Clemente Hoitenga Miller Webber

Cole Hornberger Neeley Wentworth

Cox Howell Noble Yanez

Crawford Hughes Pagan Yaroch

Dianda Iden Pagel Zemke

Durhal Inman

Nays—23

Calley Hoadley Love Santana

Cochran Howrylak Moss Scott

Ellison Johnson Peterson Whiteford

Garrett Jones Rabhi Wittenberg

Gay-Dagnogo LaGrand Reilly Yancey

Hammoud Liberati Robinson

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.

______

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

“Mr. Speaker and members of the House:

Today I voted ‘no’ HB 4118, 4119 and HB 4585, 4590, and HB 4591

I support our first responders and officers. I’ve been proud to support increased funding to hire more officers and first responders and increase training. I fought tirelessly to ensure the efforts some legislative Republicans tried to ram through at the end of last year to cut retirement health benefits were defeated. I applaud that the number of felonious law enforcement fatalities has been decreasing nationally while grieving the fact that even one death is too many.

These are bills that claim to make use safer while doing nothing that addresses the underlying causes of violence in our community and correctional facilities.

First, there are already laws on the books in Michigan that cover both scenarios these bills were attempting to discourage. MCL 750.81d provides that the assault of a law enforcement officer or emergency worker is punishable by a 2-20 year felony and/or $2,000-$15,000 fine. If they were assaulted for their profession while not in the line of duty, they would still be fully covered under Michigan’s assault laws. For inmates in a correctional facility, the crimes being criminalized under the house bills today are, literally, already being addressed by the Michigan Department of Corrections. They sent out a press release a year ago about this:

http://www.michigan.gov/corrections/0,4551,7-119-1441_26969-404964—m_2017_2,00.html

Second, we don’t make our emergency responders safer by having harsher penalties after the fact. This legislature has had ample opportunities to make our communities safer by encouraging more community policing, funding additional training opportunities for officers, supporting violence reduction programs, passing proven gun violence prevention measures, enhancing training and work opportunities to life people out of poverty, or even working to reduce bias and discrimination. Everything I listed would help prevent violence. Instead, these bills hope that punishing someone harsher after they commit a violent act could put a bullet back in the chamber of the gun that’s already been fired. Those that are sworn to protect us deserve real solutions.”

Rep. Love, 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:

Today, I voted against a package of bills we are told protect law enforcement officers, firefighters, and other first responders. I fully support our brave men and women in uniform and would proudly vote for any bill that truly helps to protect them. However, these bills don’t do that. This package of bills did not add more officers to the streets, we did not increase access to better equipment, and we are not bringing the much needed mental health treatment to those in our prisons and communities who sorely need it. Those actions would truly help protect our first responders.

And while these bills may seem well intended, the proposed offenses in the bills are already punishable under current Michigan statutes. These issues have already been addressed. This package of bills only double down on punishment and offer very little in terms of deterring behavior and rehabilitation.

The loss of a life of a first responder is tragic and we should work to prevent that. But the answer is on the preventative side, not the punishment end. These bills will not do anything to better protect our first responders or prevent anyone seeking to do them harm. If we truly believe that ‘Blue Lives Matter’ then let us support them with positive preventative action, not cheap political ploys.”

Rep. Lauwers moved that House Bill No. 4585 be placed on its immediate passage.

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

House Bill No. 4585, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 479d.

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

Roll Call No. 38 Yeas—93

Afendoulis Ellison Kesto Roberts

Albert Faris Kosowski Runestad

Alexander Farrington LaFave Sabo

Allor Frederick LaSata Santana

Barrett Garcia Lasinski Scott

Bellino Glenn Lauwers Sheppard

Bizon Graves Leonard Singh

Brann Green Leutheuser Sneller

Brinks Greig Liberati Sowerby

Byrd Greimel Lilly Tedder

Calley Griffin Lower Theis

Cambensy Guerra Lucido VanderWall

Camilleri Hauck Marino VanSingel

Canfield Hernandez Maturen Vaupel

Chatfield Hertel McCready VerHeulen

Chirkun Hoitenga Miller Victory

Clemente Hornberger Neeley Webber

Cochran Howell Noble Wentworth

Cole Hughes Pagan Whiteford

Cox Iden Pagel Wittenberg

Crawford Inman Peterson Yanez

Dianda Kahle Phelps Yaroch

Durhal Kelly Rendon Zemke

Elder

Nays—16

Chang Hammoud Jones Rabhi

Garrett Hoadley LaGrand Reilly

Gay-Dagnogo Howrylak Love Robinson

Geiss Johnson Moss Yancey

In The Chair: Glenn

The question being on agreeing to the title of the bill,

Rep. Lauwers moved to amend the title to read as follows:

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 479e.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Chang, 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:

I respect and appreciate the firefighters who put their lives on the line and in dangerous situations daily. Michigan laws already include an offense regarding assault, battery, wounding, resisting obstructing, opposing or endangering a person when that person is performing his or her duties. HB 4585 adds a new offense that is redundant and unnecessary. I am concerned that a new two year sentence would be added on top of a two year sentence that already can be applied to these situations.”

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

“Mr. Speaker and members of the House:

It is always a tragedy when someone is attacked, assaulted or otherwise targeted for malicious intent. However, these bills are limited to certain groups. For example, why are child protective services workers, treasury auditors and teachers not included? Indeed, the legislature should avoid creating special victim legislation. Equal protection under the law.

Furthermore, we already have specific crimes for attacks against law enforcement officers, corrections officers, etc. This legislation is unnecessary.”

Rep. Geiss, 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:

Today I voted no on HB4585, HB4590 and HB4591 because these bills play into a narrative that is dangerous. These bills come from the belief that first responders are systematically targeted because of their uniforms and the jobs that they do. Our first responders, communities and state would be better served by funding our police departments better rather than creating a set of laws for a crime that’s already illegal. I have great respect for our law enforcement officers and corrections officers. This legislation however does not take into account the rare and extraordinary instances where an officer is lost in the line of duty simply because of their uniform or perception that they are a member of the law enforcement community. This set of bills is a broad overreach, do little to protect our law enforcement community, and will not act as a significant deterrent.”

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

“Mr. Speaker and members of the House:

Today I voted ‘no’ HB 4118, 4119 and HB 4585, 4590, and HB 4591

I support our first responders and officers. I’ve been proud to support increased funding to hire more officers and first responders and increase training. I fought tirelessly to ensure the efforts some legislative Republicans tried to ram through at the end of last year to cut retirement health benefits were defeated. I applaud that the number of felonious law enforcement fatalities has been decreasing nationally while grieving the fact that even one death is too many.

These are bills that claim to make use safer while doing nothing that addresses the underlying causes of violence in our community and correctional facilities.

First, there are already laws on the books in Michigan that cover both scenarios these bills were attempting to discourage. MCL 750.81d provides that the assault of a law enforcement officer or emergency worker is punishable by a 2-20 year felony and/or $2,000-$15,000 fine. If they were assaulted for their profession while not in the line of duty, they would still be fully covered under Michigan’s assault laws. For inmates in a correctional facility, the crimes being criminalized under the house bills today are, literally, already being addressed by the Michigan Department of Corrections. They sent out a press release a year ago about this:

http://www.michigan.gov/corrections/0,4551,7-119-1441_26969-404964—m_2017_2,00.html

Second, we don’t make our emergency responders safer by having harsher penalties after the fact. This legislature has had ample opportunities to make our communities safer by encouraging more community policing, funding additional training opportunities for officers, supporting violence reduction programs, passing proven gun violence prevention measures, enhancing training and work opportunities to life people out of poverty, or even working to reduce bias and discrimination. Everything I listed would help prevent violence. Instead, these bills hope that punishing someone harsher after they commit a violent act could put a bullet back in the chamber of the gun that’s already been fired. Those that are sworn to protect us deserve real solutions.”

Rep. Garrett, 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:

It saddens my heart to have to oppose these bills. As a former EMT I know the danger first hand that first responders encounter daily. We are always skeptical of any scene we are called to and must always use caution when arriving on a scene and dealing with patients. First Responders risk their lives to save others. In the event first responders are attacked, there are current laws that are already in place on the books. These 3 bills seem to weaken the current statutes. Therefore, I opposed these bills.”

Rep. Yancey, 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:

I have a great respect for police and firefighters, and I understand the job they do and the situations they face every day as I have relatives who have served the public as both police and firefighters. But I believe that it is unnecessary to criminalize behavior that is already a crime. We have existing laws on the books that makes it a crime to assault a police officer or a firefighter — those people who are willing, and sometimes do, give their lives to protect and serve our communities. House Bills 4585, 4590 and 4591, however, will add an additional requirement that it be proved that the person assaulted the victim because of the victim’s occupation. I believe this would require a higher burden of proof and make it more difficult to win a conviction, instead of only having to prove the assault. For this reason, I voted no on these bills.”

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

“Mr. Speaker and members of the House:

I voted no on House Bills 4585, 4590 and 4591. I support Michigan’s first responders and am hopeful that any act of violence against public safety personnel will be met with the harsh criminal penalties that already exist in state statute.

These bills, however, create additional criminal penalties, resulting in legislation that is more political than practical in nature. I listened to only the argument made on the House floor today in support of these bills that police officers and firefighters are less likely to make the runs to protect our communities unless these increased penalties exist. This argument only appeals to political fears and insults the sworn first responders who are dedicated to their work.

The best way to support our public safety personnel is to increase revenue sharing to ensure they have the resources to support the technology and training needed to effectively carry out their duties. I have continuously offered and supported amendments to the budget to do so.”

Rep. Love, 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:

Today, I voted against a package of bills we are told protect law enforcement officers, firefighters, and other first responders. I fully support our brave men and women in uniform and would proudly vote for any bill that truly helps to protect them. However, these bills don’t do that. This package of bills did not add more officers to the streets, we did not increase access to better equipment, and we are not bringing the much needed mental health treatment to those in our prisons and communities who sorely need it. Those actions would truly help protect our first responders.

And while these bills may seem well intended, the proposed offenses in the bills are already punishable under current Michigan statutes. These issues have already been addressed. This package of bills only double down on punishment and offer very little in terms of deterring behavior and rehabilitation.

The loss of a life of a first responder is tragic and we should work to prevent that. But the answer is on the preventative side, not the punishment end. These bills will not do anything to better protect our first responders or prevent anyone seeking to do them harm. If we truly believe that ‘Blue Lives Matter’ then let us support them with positive preventative action, not cheap political ploys.”

Rep. Lauwers moved that House Bill No. 4590 be placed on its immediate passage.

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

House Bill No. 4590, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 479d.

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

Roll Call No. 39 Yeas—94

Afendoulis Ellison Kesto Roberts

Albert Faris Kosowski Runestad

Alexander Farrington LaFave Sabo

Allor Frederick LaSata Santana

Barrett Garcia Lasinski Scott

Bellino Gay-Dagnogo Lauwers Sheppard

Bizon Glenn Leonard Singh

Brann Graves Leutheuser Sneller

Brinks Green Liberati Sowerby

Byrd Greig Lilly Tedder

Calley Greimel Lower Theis

Cambensy Griffin Lucido VanderWall

Camilleri Guerra Marino VanSingel

Canfield Hauck Maturen Vaupel

Chatfield Hernandez McCready VerHeulen

Chirkun Hertel Miller Victory

Clemente Hoitenga Neeley Webber

Cochran Hornberger Noble Wentworth

Cole Howell Pagan Whiteford

Cox Hughes Pagel Wittenberg

Crawford Iden Peterson Yanez

Dianda Inman Phelps Yaroch

Durhal Kahle Rendon Zemke

Elder Kelly

Nays—15

Chang Hoadley LaGrand Reilly

Garrett Howrylak Love Robinson

Geiss Johnson Moss Yancey

Hammoud Jones Rabhi

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.

______

Rep. Chang, 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:

I deeply respect and appreciate the law enforcement officers who put their lives on the line and in dangerous situations daily. Michigan laws already include an offense regarding assault, battery, wounding, resisting obstructing, opposing or endangering a person when that person is performing his or her duties. HB 4590 adds a new offense that is redundant and unnecessary. I am concerned that a new two year sentence would be added on top of a two year sentence that already can be applied to these situations. Additionally, the definition of law enforcement officer is very broad and this new offense will unnecessarily include individuals who really should be outside the scope of this legislation. Lastly, I am disappointed that we as a chamber have yet to take any action to address the shootings of unarmed individuals by law enforcement officers. Valuing the lives of law enforcement officers more than any other individual is not the direction we should be moving in.”

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

“Mr. Speaker and members of the House:

It is always a tragedy when someone is attacked, assaulted or otherwise targeted for malicious intent. However, these bills are limited to certain groups. For example, why are child protective services workers, treasury auditors and teachers not included? Indeed, the legislature should avoid creating special victim legislation. Equal protection under the law.

Furthermore, we already have specific crimes for attacks against law enforcement officers, corrections officers, etc. This legislation is unnecessary.”

Rep. Geiss, 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:

Today I voted no on HB4585, HB4590 and HB4591 because these bills play into a narrative that is dangerous. These bills come from the belief that first responders are systematically targeted because of their uniforms and the jobs that they do. Our first responders, communities and state would be better served by funding our police departments better rather than creating a set of laws for a crime that’s already illegal. I have great respect for our law enforcement officers and corrections officers. This legislation however does not take into account the rare and extraordinary instances where an officer is lost in the line of duty simply because of their uniform or perception that they are a member of the law enforcement community. This set of bills is a broad overreach, do little to protect our law enforcement community, and will not act as a significant deterrent.”

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

“Mr. Speaker and members of the House:

Today I voted ‘no’ HB 4118, 4119 and HB 4585, 4590, and HB 4591

I support our first responders and officers. I’ve been proud to support increased funding to hire more officers and first responders and increase training. I fought tirelessly to ensure the efforts some legislative Republicans tried to ram through at the end of last year to cut retirement health benefits were defeated. I applaud that the number of felonious law enforcement fatalities has been decreasing nationally while grieving the fact that even one death is too many.

These are bills that claim to make use safer while doing nothing that addresses the underlying causes of violence in our community and correctional facilities.

First, there are already laws on the books in Michigan that cover both scenarios these bills were attempting to discourage. MCL 750.81d provides that the assault of a law enforcement officer or emergency worker is punishable by a 2-20 year felony and/or $2,000-$15,000 fine. If they were assaulted for their profession while not in the line of duty, they would still be fully covered under Michigan’s assault laws. For inmates in a correctional facility, the crimes being criminalized under the house bills today are, literally, already being addressed by the Michigan Department of Corrections. They sent out a press release a year ago about this:

http://www.michigan.gov/corrections/0,4551,7-119-1441_26969-404964—m_2017_2,00.html

Second, we don’t make our emergency responders safer by having harsher penalties after the fact. This legislature has had ample opportunities to make our communities safer by encouraging more community policing, funding additional training opportunities for officers, supporting violence reduction programs, passing proven gun violence prevention measures, enhancing training and work opportunities to life people out of poverty, or even working to reduce bias and discrimination. Everything I listed would help prevent violence. Instead, these bills hope that punishing someone harsher after they commit a violent act could put a bullet back in the chamber of the gun that’s already been fired. Those that are sworn to protect us deserve real solutions.”

Rep. Garrett, 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:

It saddens my heart to have to oppose these bills. As a former EMT I know the danger first hand that first responders encounter daily. We are always skeptical of any scene we are called to and must always use caution when arriving on a scene and dealing with patients. First Responders risk their lives to save others. In the event first responders are attacked, there are current laws that are already in place on the books. These 3 bills seem to weaken the current statutes. Therefore, I opposed these bills.”

Rep. Yancey, 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:

I have a great respect for police and firefighters, and I understand the job they do and the situations they face every day as I have relatives who have served the public as both police and firefighters. But I believe that it is unnecessary to criminalize behavior that is already a crime. We have existing laws on the books that makes it a crime to assault a police officer or a firefighter — those people who are willing, and sometimes do, give their lives to protect and serve our communities. House Bills 4585, 4590 and 4591, however, will add an additional requirement that it be proved that the person assaulted the victim because of the victim’s occupation. I believe this would require a higher burden of proof and make it more difficult to win a conviction, instead of only having to prove the assault. For this reason, I voted no on these bills.”

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

“Mr. Speaker and members of the House:

I voted no on House Bills 4585, 4590 and 4591. I support Michigan’s first responders and am hopeful that any act of violence against public safety personnel will be met with the harsh criminal penalties that already exist in state statute.

These bills, however, create additional criminal penalties, resulting in legislation that is more political than practical in nature. I listened to only the argument made on the House floor today in support of these bills that police officers and firefighters are less likely to make the runs to protect our communities unless these increased penalties exist. This argument only appeals to political fears and insults the sworn first responders who are dedicated to their work.

The best way to support our public safety personnel is to increase revenue sharing to ensure they have the resources to support the technology and training needed to effectively carry out their duties. I have continuously offered and supported amendments to the budget to do so.”

Rep. Love, 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:

Today, I voted against a package of bills we are told protect law enforcement officers, firefighters, and other first responders. I fully support our brave men and women in uniform and would proudly vote for any bill that truly helps to protect them. However, these bills don’t do that. This package of bills did not add more officers to the streets, we did not increase access to better equipment, and we are not bringing the much needed mental health treatment to those in our prisons and communities who sorely need it. Those actions would truly help protect our first responders.

And while these bills may seem well intended, the proposed offenses in the bills are already punishable under current Michigan statutes. These issues have already been addressed. This package of bills only double down on punishment and offer very little in terms of deterring behavior and rehabilitation.

The loss of a life of a first responder is tragic and we should work to prevent that. But the answer is on the preventative side, not the punishment end. These bills will not do anything to better protect our first responders or prevent anyone seeking to do them harm. If we truly believe that ‘Blue Lives Matter’ then let us support them with positive preventative action, not cheap political ploys.”

Rep. Lauwers moved that House Bill No. 4591 be placed on its immediate passage.

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

House Bill No. 4591, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 323.

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

Roll Call No. 40 Yeas—93

Afendoulis Ellison Kelly Rendon

Albert Faris Kesto Roberts

Alexander Farrington Kosowski Runestad

Allor Frederick LaFave Sabo

Barrett Garcia LaSata Santana

Bellino Gay-Dagnogo Lasinski Scott

Bizon Glenn Lauwers Sheppard

Brann Graves Leonard Singh

Brinks Green Leutheuser Sneller

Byrd Greig Liberati Sowerby

Calley Greimel Lilly Tedder

Cambensy Griffin Lower Theis

Camilleri Guerra Lucido VanderWall

Canfield Hauck Marino VanSingel

Chatfield Hernandez Maturen Vaupel

Chirkun Hertel McCready VerHeulen

Clemente Hoitenga Miller Victory

Cochran Hornberger Neeley Webber

Cole Howell Noble Wentworth

Cox Hughes Pagan Whiteford

Crawford Iden Pagel Yanez

Dianda Inman Peterson Yaroch

Durhal Kahle Phelps Zemke

Elder

Nays—16

Chang Hoadley LaGrand Reilly

Garrett Howrylak Love Robinson

Geiss Johnson Moss Wittenberg

Hammoud Jones Rabhi Yancey

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.

______

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

“Mr. Speaker and members of the House:

It is always a tragedy when someone is attacked, assaulted or otherwise targeted for malicious intent. However, these bills are limited to certain groups. For example, why are child protective services workers, treasury auditors and teachers not included? Indeed, the legislature should avoid creating special victim legislation. Equal protection under the law.

Furthermore, we already have specific crimes for attacks against law enforcement officers, corrections officers, etc. This legislation is unnecessary.”

Rep. Geiss, 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:

Today I voted no on HB4585, HB4590 and HB4591 because these bills play into a narrative that is dangerous. These bills come from the belief that first responders are systematically targeted because of their uniforms and the jobs that they do. Our first responders, communities and state would be better served by funding our police departments better rather than creating a set of laws for a crime that’s already illegal. I have great respect for our law enforcement officers and corrections officers. This legislation however does not take into account the rare and extraordinary instances where an officer is lost in the line of duty simply because of their uniform or perception that they are a member of the law enforcement community. This set of bills is a broad overreach, do little to protect our law enforcement community, and will not act as a significant deterrent.”

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

“Mr. Speaker and members of the House:

Today I voted ‘no’ HB 4118, 4119 and HB 4585, 4590, and HB 4591

I support our first responders and officers. I’ve been proud to support increased funding to hire more officers and first responders and increase training. I fought tirelessly to ensure the efforts some legislative Republicans tried to ram through at the end of last year to cut retirement health benefits were defeated. I applaud that the number of felonious law enforcement fatalities has been decreasing nationally while grieving the fact that even one death is too many.

These are bills that claim to make use safer while doing nothing that addresses the underlying causes of violence in our community and correctional facilities.

First, there are already laws on the books in Michigan that cover both scenarios these bills were attempting to discourage. MCL 750.81d provides that the assault of a law enforcement officer or emergency worker is punishable by a 2-20 year felony and/or $2,000-$15,000 fine. If they were assaulted for their profession while not in the line of duty, they would still be fully covered under Michigan’s assault laws. For inmates in a correctional facility, the crimes being criminalized under the house bills today are, literally, already being addressed by the Michigan Department of Corrections. They sent out a press release a year ago about this:

http://www.michigan.gov/corrections/0,4551,7-119-1441_26969-404964—m_2017_2,00.html

Second, we don’t make our emergency responders safer by having harsher penalties after the fact. This legislature has had ample opportunities to make our communities safer by encouraging more community policing, funding additional training opportunities for officers, supporting violence reduction programs, passing proven gun violence prevention measures, enhancing training and work opportunities to life people out of poverty, or even working to reduce bias and discrimination. Everything I listed would help prevent violence. Instead, these bills hope that punishing someone harsher after they commit a violent act could put a bullet back in the chamber of the gun that’s already been fired. Those that are sworn to protect us deserve real solutions.”

Rep. Garrett, 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:

It saddens my heart to have to oppose these bills. As a former EMT I know the danger first hand that first responders encounter daily. We are always skeptical of any scene we are called to and must always use caution when arriving on a scene and dealing with patients. First Responders risk their lives to save others. In the event first responders are attacked, there are current laws that are already in place on the books. These 3 bills seem to weaken the current statutes. Therefore, I opposed these bills.”

Rep. Yancey, 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:

I have a great respect for police and firefighters, and I understand the job they do and the situations they face every day as I have relatives who have served the public as both police and firefighters. But I believe that it is unnecessary to criminalize behavior that is already a crime. We have existing laws on the books that makes it a crime to assault a police officer or a firefighter — those people who are willing, and sometimes do, give their lives to protect and serve our communities. House Bills 4585, 4590 and 4591, however, will add an additional requirement that it be proved that the person assaulted the victim because of the victim’s occupation. I believe this would require a higher burden of proof and make it more difficult to win a conviction, instead of only having to prove the assault. For this reason, I voted no on these bills.”

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

“Mr. Speaker and members of the House:

I voted no on House Bills 4585, 4590 and 4591. I support Michigan’s first responders and am hopeful that any act of violence against public safety personnel will be met with the harsh criminal penalties that already exist in state statute.

These bills, however, create additional criminal penalties, resulting in legislation that is more political than practical in nature. I listened to only the argument made on the House floor today in support of these bills that police officers and firefighters are less likely to make the runs to protect our communities unless these increased penalties exist. This argument only appeals to political fears and insults the sworn first responders who are dedicated to their work.

The best way to support our public safety personnel is to increase revenue sharing to ensure they have the resources to support the technology and training needed to effectively carry out their duties. I have continuously offered and supported amendments to the budget to do so.”

Rep. Love, 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:

Today, I voted against a package of bills we are told protect law enforcement officers, firefighters, and other first responders. I fully support our brave men and women in uniform and would proudly vote for any bill that truly helps to protect them. However, these bills don’t do that. This package of bills did not add more officers to the streets, we did not increase access to better equipment, and we are not bringing the much needed mental health treatment to those in our prisons and communities who sorely need it. Those actions would truly help protect our first responders.

And while these bills may seem well intended, the proposed offenses in the bills are already punishable under current Michigan statutes. These issues have already been addressed. This package of bills only double down on punishment and offer very little in terms of deterring behavior and rehabilitation.

The loss of a life of a first responder is tragic and we should work to prevent that. But the answer is on the preventative side, not the punishment end. These bills will not do anything to better protect our first responders or prevent anyone seeking to do them harm. If we truly believe that ‘Blue Lives Matter’ then let us support them with positive preventative action, not cheap political ploys.”

Rep. Lauwers moved to reconsider the vote by which the House passed House Bill No. 4585.

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

House Bill No. 4585, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 479e.

(The bill was passed earlier today, see today’s Journal, p. 144.)

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 41 Yeas—94

Afendoulis Ellison Kesto Roberts

Albert Faris Kosowski Runestad

Alexander Farrington LaFave Sabo

Allor Frederick LaSata Santana

Barrett Garcia Lasinski Scott

Bellino Gay-Dagnogo Lauwers Sheppard

Bizon Glenn Leonard Singh

Brann Graves Leutheuser Sneller

Brinks Green Liberati Sowerby

Byrd Greig Lilly Tedder

Calley Greimel Lower Theis

Cambensy Griffin Lucido VanderWall

Camilleri Guerra Marino VanSingel

Canfield Hauck Maturen Vaupel

Chatfield Hernandez McCready VerHeulen

Chirkun Hertel Miller Victory

Clemente Hoitenga Neeley Webber

Cochran Hornberger Noble Wentworth

Cole Howell Pagan Whiteford

Cox Hughes Pagel Wittenberg

Crawford Iden Peterson Yanez

Dianda Inman Phelps Yaroch

Durhal Kahle Rendon Zemke

Elder Kelly

Nays—15

Chang Hoadley LaGrand Reilly

Garrett Howrylak Love Robinson

Geiss Johnson Moss Yancey

Hammoud Jones Rabhi

In The Chair: Glenn

The House agreed to the title of the bill.

______

Rep. Chang, 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:

I respect and appreciate the firefighters who put their lives on the line and in dangerous situations daily. Michigan laws already include an offense regarding assault, battery, wounding, resisting obstructing, opposing or endangering a person when that person is performing his or her duties. HB 4585 adds a new offense that is redundant and unnecessary. I am concerned that a new two year sentence would be added on top of a two year sentence that already can be applied to these situations.”

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

“Mr. Speaker and members of the House:

It is always a tragedy when someone is attacked, assaulted or otherwise targeted for malicious intent. However, these bills are limited to certain groups. For example, why are child protective services workers, treasury auditors and teachers not included? Indeed, the legislature should avoid creating special victim legislation. Equal protection under the law.

Furthermore, we already have specific crimes for attacks against law enforcement officers, corrections officers, etc. This legislation is unnecessary.”

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

“Mr. Speaker and members of the House:

Today I voted ‘no’ HB 4118, 4119 and HB 4585, 4590, and HB 4591

I support our first responders and officers. I’ve been proud to support increased funding to hire more officers and first responders and increase training. I fought tirelessly to ensure the efforts some legislative Republicans tried to ram through at the end of last year to cut retirement health benefits were defeated. I applaud that the number of felonious law enforcement fatalities has been decreasing nationally while grieving the fact that even one death is too many.

These are bills that claim to make use safer while doing nothing that addresses the underlying causes of violence in our community and correctional facilities.

First, there are already laws on the books in Michigan that cover both scenarios these bills were attempting to discourage. MCL 750.81d provides that the assault of a law enforcement officer or emergency worker is punishable by a 2-20 year felony and/or $2,000-$15,000 fine. If they were assaulted for their profession while not in the line of duty, they would still be fully covered under Michigan’s assault laws. For inmates in a correctional facility, the crimes being criminalized under the house bills today are, literally, already being addressed by the Michigan Department of Corrections. They sent out a press release a year ago about this:

http://www.michigan.gov/corrections/0,4551,7-119-1441_26969-404964—m_2017_2,00.html

Second, we don’t make our emergency responders safer by having harsher penalties after the fact. This legislature has had ample opportunities to make our communities safer by encouraging more community policing, funding additional training opportunities for officers, supporting violence reduction programs, passing proven gun violence prevention measures, enhancing training and work opportunities to life people out of poverty, or even working to reduce bias and discrimination. Everything I listed would help prevent violence. Instead, these bills hope that punishing someone harsher after they commit a violent act could put a bullet back in the chamber of the gun that’s already been fired. Those that are sworn to protect us deserve real solutions.”

Rep. Garrett, 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:

It saddens my heart to have to oppose these bills. As a former EMT I know the danger first hand that first responders encounter daily. We are always skeptical of any scene we are called to and must always use caution when arriving on a scene and dealing with patients. First Responders risk their lives to save others. In the event first responders are attacked, there are current laws that are already in place on the books. These 3 bills seem to weaken the current statutes. Therefore, I opposed these bills.”

Rep. Yancey, 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:

I have a great respect for police and firefighters, and I understand the job they do and the situations they face every day as I have relatives who have served the public as both police and firefighters. But I believe that it is unnecessary to criminalize behavior that is already a crime. We have existing laws on the books that makes it a crime to assault a police officer or a firefighter — those people who are willing, and sometimes do, give their lives to protect and serve our communities. House Bills 4585, 4590 and 4591, however, will add an additional requirement that it be proved that the person assaulted the victim because of the victim’s occupation. I believe this would require a higher burden of proof and make it more difficult to win a conviction, instead of only having to prove the assault. For this reason, I voted no on these bills.”

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

“Mr. Speaker and members of the House:

I voted no on House Bills 4585, 4590 and 4591. I support Michigan’s first responders and am hopeful that any act of violence against public safety personnel will be met with the harsh criminal penalties that already exist in state statute.

These bills, however, create additional criminal penalties, resulting in legislation that is more political than practical in nature. I listened to only the argument made on the House floor today in support of these bills that police officers and firefighters are less likely to make the runs to protect our communities unless these increased penalties exist. This argument only appeals to political fears and insults the sworn first responders who are dedicated to their work.

The best way to support our public safety personnel is to increase revenue sharing to ensure they have the resources to support the technology and training needed to effectively carry out their duties. I have continuously offered and supported amendments to the budget to do so.”

Rep. Love, 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:

Today, I voted against a package of bills we are told protect law enforcement officers, firefighters, and other first responders. I fully support our brave men and women in uniform and would proudly vote for any bill that truly helps to protect them. However, these bills don’t do that. This package of bills did not add more officers to the streets, we did not increase access to better equipment, and we are not bringing the much needed mental health treatment to those in our prisons and communities who sorely need it. Those actions would truly help protect our first responders.

And while these bills may seem well intended, the proposed offenses in the bills are already punishable under current Michigan statutes. These issues have already been addressed. This package of bills only double down on punishment and offer very little in terms of deterring behavior and rehabilitation.

The loss of a life of a first responder is tragic and we should work to prevent that. But the answer is on the preventative side, not the punishment end. These bills will not do anything to better protect our first responders or prevent anyone seeking to do them harm. If we truly believe that ‘Blue Lives Matter’ then let us support them with positive preventative action, not cheap political ploys.”

Senate Bill No. 543, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 19a.

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

Roll Call No. 42 Yeas—109

Afendoulis Frederick Kelly Reilly

Albert Garcia Kesto Rendon

Alexander Garrett Kosowski Roberts

Allor Gay-Dagnogo LaFave Robinson

Barrett Geiss LaGrand Runestad

Bellino Glenn LaSata Sabo

Bizon Graves Lasinski Santana

Brann Green Lauwers Scott

Brinks Greig Leonard Sheppard

Byrd Greimel Leutheuser Singh

Calley Griffin Liberati Sneller

Cambensy Guerra Lilly Sowerby

Camilleri Hammoud Love Tedder

Canfield Hauck Lower Theis

Chang Hernandez Lucido VanderWall

Chatfield Hertel Marino VanSingel

Chirkun Hoadley Maturen Vaupel

Clemente Hoitenga McCready VerHeulen

Cochran Hornberger Miller Victory

Cole Howell Moss Webber

Cox Howrylak Neeley Wentworth

Crawford Hughes Noble Whiteford

Dianda Iden Pagan Wittenberg

Durhal Inman Pagel Yancey

Elder Johnson Peterson Yanez

Ellison Jones Phelps Yaroch

Faris Kahle Rabhi Zemke

Farrington

Nays—0

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 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. Lauwers moved that the bill be given immediate effect.

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

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5284, entitled

A bill to authorize the department of technology, management, and budget to convey state-owned property in Saginaw County; to prescribe conditions for the conveyance; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyance.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) by a 2/3 vote and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Rep. Lauwers moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 43 Yeas—109

Afendoulis Frederick Kelly Reilly

Albert Garcia Kesto Rendon

Alexander Garrett Kosowski Roberts

Allor Gay-Dagnogo LaFave Robinson

Barrett Geiss LaGrand Runestad

Bellino Glenn LaSata Sabo

Bizon Graves Lasinski Santana

Brann Green Lauwers Scott

Brinks Greig Leonard Sheppard

Byrd Greimel Leutheuser Singh

Calley Griffin Liberati Sneller

Cambensy Guerra Lilly Sowerby

Camilleri Hammoud Love Tedder

Canfield Hauck Lower Theis

Chang Hernandez Lucido VanderWall

Chatfield Hertel Marino VanSingel

Chirkun Hoadley Maturen Vaupel

Clemente Hoitenga McCready VerHeulen

Cochran Hornberger Miller Victory

Cole Howell Moss Webber

Cox Howrylak Neeley Wentworth

Crawford Hughes Noble Whiteford

Dianda Iden Pagan Wittenberg

Durhal Inman Pagel Yancey

Elder Johnson Peterson Yanez

Ellison Jones Phelps Yaroch

Faris Kahle Rabhi Zemke

Farrington

Nays—0

In The Chair: Glenn

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

______

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 had been reproduced and made available electronically on Tuesday, January 30:

House Bill Nos. 5454 5455 5456 5457 5458 5459 5460 5461 5462 5463 5464 5465 5466 5467

5468 5469 5470 5471 5472 5473 5474 5475 5476 5477 5478 5479 5480 5481

5482 5483 5484 5485 5486 5487 5488 5489 5490 5491 5492 5493 5494 5495

5496 5497 5498

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, January 31:

Senate Bill Nos. 800 801 802

The Clerk announced that the following Senate bills had been received on Wednesday, January 31:

Senate Bill Nos. 660 662 727

Reports of Standing Committees

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

House Bill No. 4528, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16105a, 16167, 16169, 16170, 16170a, and 20910 (MCL 333.16105a, 333.16167, 333.16169, 333.16170, 333.16170a, and 333.20910), sections 16105a, 16167, and 16170 as added by 1993 PA 80, sections 16169 and 16170a as amended by 2013 PA 268, and section 20910 as amended by 2006 PA 582.

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. Vaupel, Tedder, Garcia, Sheppard, Calley, Farrington, Hauck, Hornberger, Kahle, Noble, Brinks, Garrett, Neeley, Ellison, Hammoud and Hertel

Nays: None

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

House Bill No. 5085, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 221 (MCL 436.1221).

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. Vaupel, Tedder, Garcia, Sheppard, Calley, Farrington, Hauck, Hornberger, Kahle, Noble, Brinks, Garrett, Neeley, Ellison, Hammoud and Hertel

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, January 31, 2018

Present: Reps. Vaupel, Tedder, Garcia, Sheppard, Calley, Farrington, Hauck, Hornberger, Kahle, Noble, Brinks, Garrett, Neeley, Ellison, Hammoud and Hertel

Absent: Rep. Graves

Excused: Rep. Graves

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

House Resolution No. 228.

A resolution to propose a framework to guide agencies and ensure the most impactful and relevant decisions in the use of the funds contained in the supplemental budget for PFAS-related activities.

(For text of resolution, see House Journal No. 5, p. 56.)

With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 228.

A resolution to propose a framework to guide agencies and ensure the most impactful and relevant decisions in the use of the funds contained in the supplemental budget for PFAS-related activities.

Whereas, Perfluoroalkyl and polyfluoroalkyl substances (PFAS), also referred to as perfluorinated chemicals (PFCs), are a large group of chemicals used in a variety of industrial applications and consumer products. For decades, these chemicals were used for their heat, oil, and water resistant properties in firefighting foam, nonstick pots and pans, stain resistant carpets, and other products. Some of these chemicals accumulate and spread easily in the environment; and

Whereas, Some PFAS molecules have been shown to produce a variety of adverse responses in laboratory animals, and epidemiological evidence suggests PFAS exposure may be associated with a variety of health outcomes, provided the level of exposure is sufficient; and

Whereas, Some PFAS have been detected at 14 locations, including 28 individual sites, in Michigan to date. Perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) are the two most commonly detected of these chemicals. In many cases, the Michigan Department of Environmental Quality (DEQ) is in the process of coordinating with various stakeholders to determine the extent of the issue and implementing actions accordingly; and

Whereas, Governor Snyder issued Executive Directive No. 2017-4 on November 13, 2017, to establish a Michigan PFAS Action Response Team (MPART). The team is charged with researching, identifying, and establishing response actions relative to the discovery, communication, and mitigation of PFAS; now, therefore, be it

Resolved by the House of Representatives, That, in order to ensure the most impactful and relevant decisions in the use of the funds contained in the supplemental budget that was approved by the legislature for PFAS-related activities (Public Act 201 of 2017), we propose that the Michigan PFAS Action Response Team create a PFAS Scientific Advisory Committee that is equally comprised of scientific experts from government, academia, and industry whose backgrounds include experience with PFAS in the scientific disciplines of analytical chemistry, environmental fate, toxicology, epidemiology, and risk assessment; and be it further

Resolved, That the PFAS Scientific Advisory Committee should review the state of knowledge on PFAS and conduct a non-biased, scientific risk assessment. The review and assessment should include, but not be limited to, a scientific review of animal data to evaluate the United States Environmental Protection Agency’s current drinking water health advisory level of 70 parts per trillion (ppt) for PFOS and PFOA and to provide a rationale for any new level for the state of Michigan; and be it further

Resolved, That the PFAS Scientific Advisory Committee should review any other PFAS chemicals of concern to determine the state of knowledge concerning these chemicals and advise the MPART on its findings and any need for further study; and be it further

Resolved, That state departments should determine the nature and extent of PFAS contamination, who is responsible for its presence, the extent of public exposure, and the identification of sites where complete exposure pathways exist; and be it further

Resolved, That, based on its review and risk assessment, the PFAS Scientific Advisory Committee should provide science-based, logical advice to the MPART. The MPART should take into account the PFAS Scientific Advisory Committee’s research and advice when developing the state’s PFAS action plan. In addition, the state development of the action plan should include:

1) Stakeholder review and input by industry, academia, and non-profit organizations; and

2) A full review of the capabilities of existing partnerships, third parties, and federal, state, and local agencies  to support actions, including but not limited to:

a. Use of existing labs or analytical methods to accelerate technical capability development and testing; and

b. Quality Assurance/Quality Control third-party validation of any analytical data generated.

Consistent with scientific principles and the development of sound public policy, the recommended action plan should:

1) Implement risk management in a pragmatic and prioritized manner;

2) Allow for site-specific risk assessment;

3) Prioritize risk management actions, based on concentrations and complete exposure pathways, in a pre-defined  process; and

4) Provide for risk communication activities by local communities; and be it further

Resolved, That we propose that the United States Environmental Protection Agency’s drinking water health advisory level for PFAS of 70 ppt should be used for any interim cleanup or response actions until the PFAS Scientific Advisory Committee completes its review, risk assessment, and recommendations; and be it further

Resolved, That copies of this resolution be transmitted to the Governor; the members of the Michigan PFAS Action Response Team; and the directors of the Department of Environmental Quality, the Department of Health and Human Services, the Department of Military and Veterans Affairs, the Department of Natural Resources, and the Department of Agriculture and Rural Development.

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaFave, Maturen, Bellino, Rendon, VanderWall, Sowerby, Chang and Cambensy

Nays: None

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

House Concurrent Resolution No. 18.

A concurrent resolution to propose a framework to guide agencies and ensure the most impactful and relevant decisions in the use of the funds contained in the supplemental budget for PFAS-related activities.

(For text of concurrent resolution, see House Journal No. 5, p. 59.)

With the recommendation that the following substitute (H-1) be adopted and that the concurrent resolution then be adopted.

Substitute for House Concurrent Resolution No. 18.

A concurrent resolution to propose a framework to guide agencies and ensure the most impactful and relevant decisions in the use of the funds contained in the supplemental budget for PFAS-related activities.

Whereas, Perfluoroalkyl and polyfluoroalkyl substances (PFAS), also referred to as perfluorinated chemicals (PFCs), are a large group of chemicals used in a variety of industrial applications and consumer products. For decades, these chemicals were used for their heat, oil, and water resistant properties in firefighting foam, nonstick pots and pans, stain resistant carpets, and other products. Some of these chemicals accumulate and spread easily in the environment; and

Whereas, Some PFAS molecules have been shown to produce a variety of adverse responses in laboratory animals, and epidemiological evidence suggests PFAS exposure may be associated with a variety of health outcomes, provided the level of exposure is sufficient; and

Whereas, Some PFAS have been detected at 14 locations, including 28 individual sites, in Michigan to date. Perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) are the two most commonly detected of these chemicals. In many cases, the Michigan Department of Environmental Quality (DEQ) is in the process of coordinating with various stakeholders to determine the extent of the issue and implementing actions accordingly; and

Whereas, Governor Snyder issued Executive Directive No. 2017-4 on November 13, 2017, to establish a Michigan PFAS Action Response Team (MPART). The team is charged with researching, identifying, and establishing response actions relative to the discovery, communication, and mitigation of PFAS; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That, in order to ensure the most impactful and relevant decisions in the use of the funds contained in the supplemental budget that was approved by the legislature for PFAS-related activities (Public Act 201 of 2017), we propose that the Michigan PFAS Action Response Team create a PFAS Scientific Advisory Committee that is equally comprised of scientific experts from government, academia, and industry whose backgrounds include experience with PFAS in the scientific disciplines of analytical chemistry, environmental fate, toxicology, epidemiology, and risk assessment; and be it further

Resolved, That the PFAS Scientific Advisory Committee should review the state of knowledge on PFAS and conduct a non-biased, scientific risk assessment. The review and assessment should include, but not be limited to, a scientific review of animal data to evaluate the United States Environmental Protection Agency’s current drinking water health advisory level of 70 parts per trillion (ppt) for PFOS and PFOA and to provide a rationale for any new level for the state of Michigan; and be it further

Resolved, That the PFAS Scientific Advisory Committee should review any other PFAS chemicals of concern to determine the state of knowledge concerning these chemicals and advise the MPART on its findings and any need for further study; and be it further

Resolved, That state departments should determine the nature and extent of PFAS contamination, who is responsible for its presence, the extent of public exposure, and the identification of sites where complete exposure pathways exist; and be it further

Resolved, That, based on its review and risk assessment, the PFAS Scientific Advisory Committee should provide science-based, logical advice to the MPART. The MPART should take into account the PFAS Scientific Advisory Committee’s research and advice when developing the state’s PFAS action plan. In addition, the state development of the action plan should include:

1) Stakeholder review and input by industry, academia, and non-profit organizations; and

2) A full review of the capabilities of existing partnerships, third parties, and federal, state, and local agencies  to support actions, including but not limited to:

a. Use of existing labs or analytical methods to accelerate technical capability development and testing; and

b. Quality Assurance/Quality Control third-party validation of any analytical data generated.

Consistent with scientific principles and the development of sound public policy, the recommended action plan should:

1) Implement risk management in a pragmatic and prioritized manner;

2) Allow for site-specific risk assessment;

3) Prioritize risk management actions, based on concentrations and complete exposure pathways, in a pre-defined  process; and

4) Provide for risk communication activities by local communities; and be it further

Resolved, That we propose that the United States Environmental Protection Agency’s drinking water health advisory level for PFAS of 70 ppt should be used for any interim cleanup or response actions until the PFAS Scientific Advisory Committee completes its review, risk assessment, and recommendations; and be it further

Resolved, That copies of this resolution be transmitted to the Governor; the members of the Michigan PFAS Action Response Team; and the directors of the Department of Environmental Quality, the Department of Health and Human Services, the Department of Military and Veterans Affairs, the Department of Natural Resources, and the Department of Agriculture and Rural Development.

Favorable Roll Call

To Report Out:

Yeas: Reps. Howell, LaFave, Maturen, Bellino, Rendon, VanderWall, Sowerby, Chang and Cambensy

Nays: None

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, January 31, 2018

Present: Reps. Howell, LaFave, Maturen, Bellino, Rendon, VanderWall, Sowerby, Chang and Cambensy

The Committee on Tax Policy, by Rep. Tedder, Chair, reported

Senate Bill No. 748, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 8, 12, 30, 30a, 52, 512, and 607 (MCL 206.8, 206.12, 206.30, 206.30a, 206.52, 206.512, and 206.607), section 12 as amended by 2003 PA 45, section 30 as amended by 2017 PA 149, section 30a as added by 2012 PA 224, sections 52 and 512 as amended by 2011 PA 38, and section 607 as amended by 2011 PA 306; and to repeal acts and parts of acts.

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. Tedder, Maturen, Howrylak, Leutheuser, Lucido, Vaupel, Johnson, Kahle, Lower, Byrd, Neeley and Ellison

Nays: None

The Committee on Tax Policy, by Rep. Tedder, Chair, reported

Senate Bill No. 749, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 272a.

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. Tedder, Maturen, Howrylak, Leutheuser, Lucido, Vaupel, Kahle, Byrd, Neeley and Ellison

Nays: Rep. Johnson

The Committee on Tax Policy, by Rep. Tedder, Chair, reported

Senate Bill No. 750, entitled

A bill to amend 1964 PA 284, entitled “City income tax act,” by amending section 31 of chapter 2 (MCL 141.631), as amended by 1988 PA 120.

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. Tedder, Maturen, Howrylak, Leutheuser, Lucido, Vaupel, Johnson, Kahle, Lower, Byrd, Neeley and Ellison

Nays: None

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, January 31, 2018

Present: Reps. Tedder, Maturen, Howrylak, Leutheuser, Lucido, Vaupel, Johnson, Kahle, Lower, Byrd, Neeley and Ellison

Absent: Rep. Yancey

Excused: Rep. Yancey

The Committee on Local Government, by Rep. Lower, Chair, reported

House Bill No. 5238, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1274a (MCL 380.1274a), as amended by 2017 PA 23.

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 Cambensy

Nays: None

The Committee on Local Government, by Rep. Lower, Chair, reported

Senate Bill No. 393, entitled

A bill to provide for the establishment of certain tax increment finance authorities; to prescribe the powers and duties of the authorities; to correct and prevent deterioration in residential, commercial, and industrial areas and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create certain boards; to prescribe the powers and duties of certain boards; to authorize the issuance of bonds and other evidences of indebtedness; to levy certain taxes; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; to provide for enforcement of this act; and to repeal acts and parts of acts.

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 Cambensy

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, January 31, 2018

Present: Reps. Lower, Crawford, Runestad, Howell, Alexander, Frederick, Hauck, Green, Moss, Ellison and Cambensy

The Committee on Michigan Competitiveness, by Rep. Chatfield, Chair, reported

Senate Bill No. 609, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2016 PA 32.

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. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Hammoud and Yancey

Nays: None

The Committee on Michigan Competitiveness, by Rep. Chatfield, Chair, reported

Senate Bill No. 610, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 732d.

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. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Hammoud and Yancey

Nays: None

The Committee on Michigan Competitiveness, by Rep. Chatfield, Chair, reported

Senate Bill No. 611, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732b (MCL 257.732b), as added by 2014 PA 283.

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. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Hammoud and Yancey

Nays: None

The Committee on Michigan Competitiveness, by Rep. Chatfield, Chair, reported

Senate Bill No. 612, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2016 PA 32.

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. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Hammoud and Yancey

Nays: None

The Committee on Michigan Competitiveness, by Rep. Chatfield, Chair, reported

Senate Bill No. 613, entitled

A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 4 (MCL 28.304).

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. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Hammoud and Yancey

Nays: None

The Committee on Michigan Competitiveness, by Rep. Chatfield, Chair, reported

Senate Bill No. 614, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 304 (MCL 257.304), as amended by 2016 PA 32.

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. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Hammoud and Yancey

Nays: None

The Committee on Michigan Competitiveness, by Rep. Chatfield, Chair, reported

Senate Bill No. 615, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2016 PA 32.

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. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Hammoud and Yancey

Nays: None

The Committee on Michigan Competitiveness, by Rep. Chatfield, Chair, reported

Senate Bill No. 624, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 732a and 732b (MCL 257.732a and 257.732b), section 732a as amended by 2016 PA 32 and section 732b as added by 2014 PA 283.

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. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Hammoud and Yancey

Nays: None

The Committee on Michigan Competitiveness, by Rep. Chatfield, Chair, reported

Senate Bill No. 625, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 732c.

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. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Hammoud and Yancey

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Chatfield, Chair, of the Committee on Michigan Competitiveness, was received and read:

Meeting held on: Wednesday, January 31, 2018

Present: Reps. Chatfield, Lilly, Cole, Vaupel, Rendon, Wentworth, Geiss, Hammoud and Yancey

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, January 31, 2018

Present: Reps. Barrett, Alexander, Lauwers, Howell, Albert, Calley, Frederick, Elder, Sabo, Sneller and Cambensy

Absent: Rep. Phelps

Excused: Rep. Phelps

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Farrington, Chair, of the Committee on Financial Services, was received and read:

Meeting held on: Wednesday, January 31, 2018

Present: Reps. Farrington, McCready, Lilly, VanderWall, Gay-Dagnogo, Clemente and Green

Absent: Reps. Graves and Zemke

Excused: Reps. Graves and Zemke

Messages from the Senate

House Bill No. 4644, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 725 (MCL 257.725), as amended by 2016 PA 454.

The Senate has concurred in the House amendments to the Senate substitute (S-3).

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

House Bill No. 4821, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 3203, 3204, and 3414 (MCL 700.3203, 700.3204, and 700.3414), sections 3204 and 3414 as amended by 2000 PA 54.

The Senate has concurred in the House amendments to the Senate substitute (S-2).

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

House Bill No. 4752, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 871 and 877 (MCL 600.871 and 600.877), as amended by 2012 PA 596.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

House Bill No. 4956, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2017 PA 35.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled “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,” by amending section 719 (MCL 257.719), as amended by 2017 PA 170.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

Senate Bill No. 660, entitled

A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending section 46 (MCL 287.746), as added by 2009 PA 117, and by adding section 47.

The Senate has passed the bill.

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

Senate Bill No. 662, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 532 (MCL 436.1532), as added by 2001 PA 223.

The Senate has passed the bill.

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

Senate Bill No. 727, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531i (MCL 380.1531i), as added by 2009 PA 202.

The Senate has passed the bill.

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

Introduction of Bills

Rep. Lucido introduced

House Bill No. 5499, entitled

A bill to amend 1965 PA 203, entitled “Michigan commission on law enforcement standards act,” by amending sections 9, 9b, 9c, and 9d (MCL 28.609, 28.609b, 28.609c, and 28.609d), as amended by 2017 PA 198.

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

Rep. Kosowski introduced

House Bill No. 5500, entitled

A bill to amend 1965 PA 380, entitled “Executive organization act of 1965,” (MCL 16.101 to 16.608) by adding section 130.

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

Rep. Kosowski introduced

House Bill No. 5501, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 549.

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

Rep. Kosowski introduced

House Bill No. 5502, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 89.

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

Rep. Kosowski introduced

House Bill No. 5503, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2016 PA 219.

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

Reps. Wittenberg, Liberati, Hammoud, Gay-Dagnogo, Zemke, Lasinski, Elder, Cambensy, Sabo, Lucido, VanSingel, Sheppard, Maturen, Geiss, Ellison and Howrylak introduced

House Bill No. 5504, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 636 (MCL 257.636).

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

Reps. Liberati and Rendon introduced

House Bill No. 5505, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending sections 3, 4, 5, 7, 13, 13a, 14, 15, and 22 (MCL 400.703, 400.704, 400.705, 400.707, 400.713, 400.713a, 400.714, 400.715, and 400.722), sections 3 and 4 as amended by 2016 PA 525, section 5 as amended by 2010 PA 380, section 7 as amended by 1986 PA 257, section 13 as amended by 2012 PA 52, section 13a as amended by 2004 PA 285, section 15 as amended by 1984 PA 40, and section 22 as amended by 2004 PA 59, and by adding sections 19a, 22a, and 22c.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. Rendon and Liberati introduced

House Bill No. 5506, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending sections 24, 25, 34b, and 34c (MCL 400.724, 400.725, 400.734b, and 400.734c), section 24 as amended by 2016 PA 492, section 34b as amended by 2014 PA 73, and section 34c as added by 2006 PA 29; and to repeal acts and parts of acts.

The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.

Reps. Geiss, Ellison, Love, Cambensy, Dianda, Peterson, Cochran, Durhal, Chang, Santana and Gay-Dagnogo introduced

House Bill No. 5507, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 866 and 879 (MCL 168.866 and 168.879), section 866 as amended by 2013 PA 51 and section 879 as amended by 1999 PA 216.

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

Rep. Inman introduced

House Bill No. 5508, entitled

A bill to amend 1897 PA 230, entitled “An act to provide for the formation of corporations for the purpose of owning, maintaining and improving lands and other property kept for the purposes of summer resorts or for ornament, recreation or amusement, and to repeal all laws or parts of laws in conflict herewith; and to impose certain duties on the department of commerce,” (MCL 455.1 to 455.24) by adding section 19.

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

Rep. Inman introduced

House Bill No. 5509, entitled

A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 123 (MCL 450.2123), as amended by 2014 PA 557.

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

Announcements by the Clerk

January 30, 2018

Received from the Auditor General a copy of the:

• Report on Internal Control, Compliance, and Other Matters on the Michigan Legislative Retirement System, Fiscal Year Ended September 30, 2017 (900-0140-18).

Gary L. Randall

Clerk of the House

______

Rep. Allor moved that the House adjourn.

The motion prevailed, the time being 3:55 p.m.

Associate Speaker Pro Tempore Glenn declared the House adjourned until Thursday, February 1, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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