No. 19
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
99th Legislature
REGULAR SESSION OF 2018
House Chamber, Lansing, Wednesday, February 21, 2018.
1:30 p.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present Frederick—present Kelly—present Reilly—present
Albert—present Garcia—present Kesto—present Rendon—present
Alexander—present Garrett—present Kosowski—present Roberts—present
Allor—present Gay-Dagnogo—present LaFave—present Robinson—present
Barrett—present Geiss—present LaGrand—present Runestad—present
Bellino—present Glenn—present LaSata—present Sabo—present
Bizon—present Graves—present Lasinski—present Santana—present
Brann—present Green—present Lauwers—present 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 Steve Smail, Senior Pastor of Lighthouse Baptist Church in Plainwell, offered the following invocation:
“Heavenly Father as we bow before You this morning we thank You once again for this beautiful day, for life, health, and opportunity. I thank You for the hope that You give us in the word of God to live our lives each day.
God I thank You for the privilege to stand in this place where many have stood before me, to thank You for Your blessings and to ask for wisdom for the day ahead.
We thank You for this great and beautiful state where You have given us the privilege to live, to work and to raise our families. We thank You for our nation, for freedom, for protection, and for Your provision and blessings that we have in abundance.
We thank You for the great history of our country and the founding fathers that sought to establish one nation under the almighty hand of God.
I thank You for Governor Snyder and Lieutenant Governor Calley. I pray that You will give them wisdom for the decisions they make today and I pray that You would bless them and their families.
Thank You for those that stand before me here today. For these Representatives that have given of themselves to serve and to care for the business of our state. I thank You for their service to the people of Michigan. I pray that You would give them wisdom to make the important decisions they will face today and the courage to stand for what is right. Lord please protect and bless them and their families this day.
I pray today for our nation. In these days we have seen so many that do evil and bring harm to their fellow man. I pray for those in Florida that are grieving lost loved ones. Today I pray that You will give them grace to endure this difficult time.
We pray today for President Trump and those that serve in Washington D.C. I ask for wisdom for them and for unity as they work to lead our country into the future.
Before we close we ask for protection for those that protect us, both in the military and in law enforcement. Thank You for those that daily put their life on the line for us. Please keep them safe this day.
We thank You again for all You have done, for Your wonderful kindness, mercy and grace. We pray these things in the name of Jesus Christ our Savior. Amen.”
______
The Speaker called Associate Speaker Pro Tempore Tedder to the Chair.
Motions and Resolutions
Reps. Crawford, Calley, McCready, Graves, Webber, Allor, Greimel, Garcia, Kesto, Iden, Canfield, Greig and Howrylak offered the following resolution:
House Resolution No. 252.
A resolution to declare March 2018 as Brain Injury Awareness Month in the state of Michigan.
Whereas, Brain injury, specifically traumatic brain injury (TBI) has become recognized in recent years as one of the most significant chronic disease conditions that can potentially impact nearly every Michigan resident; and
Whereas, Nearly 2.5 million Americans sustain a TBI each year that results in over 50,000 deaths; and
Whereas, TBI’s contribute to nearly a third of all injury-related deaths in the United States. This public health concern ranks as the leading cause of death and disability in children and young adults; and
Whereas, The state of Michigan has attained national recognition as a leading center of excellence in the field of brain injury treatment and rehabilitation as a result of the extensive number of rehabilitation centers, medical treatment facilities, care providers, programs, and professionals specializing in brain injury across the state; and
Whereas, Most cases of traumatic brain injury are preventable and enhanced public awareness of traumatic brain injury is essential in injury prevention, the development of effective treatment, and securing necessary resources; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare March 2018 as Brain Injury Awareness Month in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Third Reading of Bills
Senate Bill No. 551, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1902, 1903, and 1907 (MCL 324.1902, 324.1903, and 324.1907), sections 1902 and 1907 as amended by 2012 PA 619 and section 1903 as amended by 2011 PA 117.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 87 Yeas—56
Afendoulis Farrington Kahle Pagel
Albert Frederick Kelly Rendon
Alexander Garcia Kesto Roberts
Allor Glenn LaFave Runestad
Barrett Graves LaSata Sheppard
Bellino Griffin Lauwers Tedder
Bizon Hauck Leonard Theis
Brann Hernandez Leutheuser VanderWall
Calley Hoitenga Lilly Vaupel
Canfield Hornberger Lucido VerHeulen
Chatfield Howell Marino Webber
Cole Hughes Maturen Wentworth
Cox Iden Miller Whiteford
Crawford Inman Noble Yaroch
Nays—53
Brinks Gay-Dagnogo LaGrand Robinson
Byrd Geiss Lasinski Sabo
Cambensy Green Liberati Santana
Camilleri Greig Love Scott
Chang Greimel Lower Singh
Chirkun Guerra McCready Sneller
Clemente Hammoud Moss Sowerby
Cochran Hertel Neeley VanSingel
Dianda Hoadley Pagan Victory
Durhal Howrylak Peterson Wittenberg
Elder Johnson Phelps Yancey
Ellison Jones Rabhi Yanez
Faris Kosowski Reilly Zemke
Garrett
In The Chair: Tedder
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”
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.
House Bill No. 4298, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 8f.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 88 Yeas—91
Afendoulis Frederick Kosowski Roberts
Albert Garcia LaFave Runestad
Alexander Glenn LaGrand Sabo
Allor Graves LaSata Santana
Barrett Greig Lauwers Scott
Bellino Greimel Leonard Sheppard
Bizon Griffin Leutheuser Singh
Brann Guerra Liberati Sneller
Brinks Hauck Lilly Sowerby
Byrd Hernandez Love Tedder
Calley Hoadley Lower Theis
Camilleri Hoitenga Lucido VanderWall
Canfield Hornberger Marino VanSingel
Chang Howell Maturen Vaupel
Chatfield Howrylak McCready VerHeulen
Clemente Hughes Moss Victory
Cole Iden Neeley Webber
Cox Inman Noble Wentworth
Crawford Johnson Pagan Whiteford
Durhal Jones Pagel Yancey
Ellison Kahle Phelps Yaroch
Faris Kelly Reilly Zemke
Farrington Kesto Rendon
Nays—18
Cambensy Garrett Hertel Rabhi
Chirkun Gay-Dagnogo Lasinski Robinson
Cochran Geiss Miller Wittenberg
Dianda Green Peterson Yanez
Elder Hammoud
In The Chair: Tedder
The House agreed to the title of the bill.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4299, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2163a (MCL 600.2163a), as amended by 2012 PA 170.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 89 Yeas—92
Afendoulis Frederick Kesto Rendon
Albert Garcia Kosowski Roberts
Alexander Gay-Dagnogo LaFave Runestad
Allor Glenn LaGrand Sabo
Barrett Graves LaSata Santana
Bellino Greig Lauwers Scott
Bizon Greimel Leonard Sheppard
Brann Griffin Leutheuser Singh
Brinks Guerra Liberati Sneller
Byrd Hauck Lilly Sowerby
Calley Hernandez Love Tedder
Camilleri Hoadley Lower Theis
Canfield Hoitenga Lucido VanderWall
Chang Hornberger Marino VanSingel
Chatfield Howell Maturen Vaupel
Clemente Howrylak McCready VerHeulen
Cole Hughes Moss Victory
Cox Iden Neeley Webber
Crawford Inman Noble Wentworth
Durhal Johnson Pagan Whiteford
Ellison Jones Pagel Yancey
Faris Kahle Phelps Yaroch
Farrington Kelly Reilly Zemke
Nays—17
Cambensy Garrett Hertel Rabhi
Chirkun Geiss Lasinski Robinson
Cochran Green Miller Wittenberg
Dianda Hammoud Peterson Yanez
Elder
In The Chair: Tedder
The House agreed to the title of the bill.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4300, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 17b of chapter XIIA (MCL 712A.17b), as amended by 2002 PA 625.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 90 Yeas—93
Afendoulis Garcia Kesto Rendon
Albert Gay-Dagnogo Kosowski Roberts
Alexander Glenn LaFave Runestad
Allor Graves LaGrand Sabo
Barrett Green LaSata Santana
Bellino Greig Lauwers Scott
Bizon Greimel Leonard Sheppard
Brann Griffin Leutheuser Singh
Brinks Guerra Liberati Sneller
Byrd Hauck Lilly Sowerby
Calley Hernandez Love Tedder
Camilleri Hoadley Lower Theis
Canfield Hoitenga Lucido VanderWall
Chang Hornberger Marino VanSingel
Chatfield Howell Maturen Vaupel
Clemente Howrylak McCready VerHeulen
Cole Hughes Moss Victory
Cox Iden Neeley Webber
Crawford Inman Noble Wentworth
Durhal Johnson Pagan Whiteford
Ellison Jones Pagel Yancey
Faris Kahle Phelps Yaroch
Farrington Kelly Reilly Zemke
Frederick
Nays—16
Cambensy Elder Hertel Rabhi
Chirkun Garrett Lasinski Robinson
Cochran Geiss Miller Wittenberg
Dianda Hammoud Peterson Yanez
In The Chair: Tedder
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.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Cox, Chair, reported
House Bill No. 4321, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
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. Cox, VerHeulen, Kelly, Pagel, Victory, Afendoulis, Bizon, Canfield, Inman, Miller, Allor, Brann, Hernandez, LaSata, Marino, VanSingel, Whiteford, Yaroch, Durhal, Cochran, Faris, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cox, Chair, of the Committee on Appropriations, was received and read:
Meeting held on: Wednesday, February 21, 2018
Present: Reps. Cox, VerHeulen, Kelly, Pagel, Victory, Afendoulis, Bizon, Canfield, Inman, Miller, Allor, Brann, Hernandez, LaSata, Marino, VanSingel, Whiteford, Yaroch, Durhal, Cochran, Faris, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana
Second Reading of Bills
House Bill No. 4321, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.
Rep. Lauwers moved to reconsider the vote by which the House did not adopt the substitute (H-1) previously recommended by the Committee on Appropriations.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the substitute (H- 1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Faris moved to amend the bill as follows:
1. Amend page 2 line 13, by striking out “$175,000,000” and inserting “$250,000,000”.
2. Amend page 2, line 26, by striking out “$38,150,000” and inserting “$54,500,000”.
3. Amend page 2, line 27, by striking out “$68,425,000” and inserting “$95,750,000”.
4. Amend page 3, line 2, by striking out “$68,425,000” and inserting “$97,750,000” and adjusting the subtotals, totals, and section 201 accordingly.
5. Amend page 4, following line 25, by inserting:
“Sec. 210. (1) Pursuant to section 352 of the management and budget act, 1984 PA 431, MCL 18.1352, which provides for a transfer of state general fund revenue into or out of the countercyclical budget and economic stabilization fund, the calculations required by section 352 of the management and budget act, 1984 PA 431, MCL 18.1352, are determined as follows:
2016 2017 2018
Michigan personal income (millions).......................................................... $440,292 $455,702 $476,665
less: transfer payments....................................................................... 94,033 97,823 103,281
Subtotal.............................................................................................. $346,259 $357,879 $373,384
Divided by: Detroit consumer price index for 12 months ending June 30... 2.202 2.250 2.290
Equals: real adjusted Michigan personal income........................................... $157,247 $159,057 $163,046
Percentage change........................................................................................... N/A 1.2% 2.5%
Growth rate in excess of 2%?......................................................................... N/A NO 0.5%
Equals: countercyclical budget and economic stabilization fund pay-in
calculation for the fiscal year ending September 30, 2018 (millions)... N/A $0.0 N/A
Growth rate less than 0%?.............................................................................. N/A NO NO
Equals: countercyclical budget and economic stabilization fund pay-out
calculation for the fiscal year ending September 30, 2018 (millions)... N/A N/A $0.0
(2) Notwithstanding subsection (1), there is appropriated for the fiscal year ending September 30, 2018, from GF/GP revenue for deposit into the countercyclical budget and economic stabilization fund the sum of $75,000,000.00.
REPEALER
Enacting section 1. Section 210 of Article VIII of 2017 PA 107 is repealed.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Cox moved to amend the bill as follows:
1. Amend page 4, following line 25, by inserting:
“Funds appropriated in part 1 shall not be used by a governmental entity to purchase, construct, operate, or maintain a communications network to provide service to any residential or commercial premises. This prohibition does not apply to state expenditures for a transportation purpose, connected vehicle communication technologies, or other transportation related activities.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Cox moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Lauwers moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4321, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 91 Yeas—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: Tedder
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.
Second Reading of Bills
House Bill No. 5355, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 41 (MCL 38.1341), as amended by 2017 PA 92.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Financial Liability Reform,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Albert moved to amend the bill as follows:
1. Amend page 5, line 10, after “unit’s” by striking out “current operating expenditures” and inserting “PAYROLL PLUS PURCHASED SERVICES”.
2. Amend page 11, line 18, after “BY” by striking out “0.5” and inserting “50 BASIS POINTS”.
3. Amend page 11, line 22, after “THE” by striking out “0.5” and inserting “50 BASIS POINTS”.
4. Amend page 11, line 27, after “BY” by striking out “0.25” and inserting “25 BASIS POINTS”.
5. Amend page 12, line 3, after “(a)” by striking out ““Current operating expenditures”” and inserting ““PAYROLL PLUS PURCHASED SERVICES””.
6. Amend page 12, line 4, after “2xx,” by inserting “AND”.
7. Amend page 12, line 4, after “and” by striking out “all”.
8. Amend page 12, line 4, after “codes” by striking out “except 6xxx,” and inserting “1XXX, 31XX, 33XX, AND 41XX,”.
9. Amend page 12, line 8, by striking out “instructional and support services” and inserting “SALARIES, PROFESSIONAL AND TECHNICAL SERVICES, CLIENT/PUPIL TRANSPORTATION AND REPAIRS, AND MAINTENANCE SERVICES”.
10. Amend page 12, line 9, by striking out “total general fund”.
11. Amend page 12, line 11, after “unpaid” by striking out the balance of the subdivision and inserting a period.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Albert moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5010, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2017 PA 79.
The bill was read a second time.
Rep. Farrington moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4666, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1910 (MCL 600.1910), as amended by 1994 PA 403.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Judiciary,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Runestad moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4670, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15d of chapter XVII (MCL 777.15d), as added by 2002 PA 206.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Bellino moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5282, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 323 (MCL 257.323), as amended by 2016 PA 117.
The bill was read a second time.
Rep. Lucido moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4614, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by repealing section 1531e (MCL 380.1531e).
The bill was read a second time.
Rep. Miller moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5190, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 517a (MCL 436.1517a), as amended by 2016 PA 180.
The bill was read a second time.
Rep. Sneller moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Lauwers 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, February 20:
House Bill Nos. 5592 5593 5594 5595 5596 5597 5598 5599 5600 5601 5602 5603 5604 5605
5606 5607 5608 5609 5610 5611 5612 5613 5614 5615 5616 5617
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, February 21, for his approval of the following bills:
Enrolled House Bill No. 5040 at 3:13 p.m.
Enrolled House Bill No. 5041 at 3:15 p.m.
Enrolled House Bill No. 5043 at 3:17 p.m.
Enrolled House Bill No. 5044 at 3:19 p.m.
Enrolled House Bill No. 5046 at 3:23 p.m.
Enrolled House Bill No. 5079 at 3:27 p.m.
The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, February 21:
Senate Bill Nos. 836 837 838
The Clerk announced that the following Senate bills had been received on Wednesday, February 21:
Senate Bill Nos. 647 671
Reports of Standing Committees
The Committee on Health Policy, by Rep. Vaupel, Chair, reported
House Bill No. 5524, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1526b.
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. Vaupel, Tedder, Graves, Garcia, Sheppard, Calley, Farrington, Hauck, Hornberger, Kahle, Noble, Brinks, 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, February 21, 2018
Present: Reps. Vaupel, Tedder, Graves, Garcia, Sheppard, Calley, Farrington, Hauck, Hornberger, Kahle, Noble, Brinks, Neeley, Ellison, Hammoud and Hertel
Absent: Rep. Garrett
Excused: Rep. Garrett
The Committee on Natural Resources, by Rep. Howell, Chair, reported
House Bill No. 5180, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40102, 40103, and 40114 (MCL 324.40102, 324.40103, and 324.40114), section 40102 as amended by 2015 PA 24, section 40103 as amended by 2016 PA 382, and section 40114 as amended by 2016 PA 356, and by adding section 40111d.
With the recommendation that the substitute (H-4) 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. Howell, LaFave, Maturen, Bellino, Rendon and VanderWall
Nays: Reps. Sowerby, Chang and Cambensy
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, February 21, 2018
Present: Reps. Howell, LaFave, Maturen, Bellino, Rendon, VanderWall, Sowerby, Chang and Cambensy
The Committee on Tax Policy, by Rep. Tedder, Chair, reported
House Bill No. 5283, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 2 (MCL 125.2652), as amended by 2017 PA 46.
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, Leutheuser, Lucido, Vaupel, Kahle, Lower, Byrd, Neeley, Ellison and Yancey
Nays: Rep. Johnson
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, February 21, 2018
Present: Reps. Tedder, Maturen, Howrylak, Leutheuser, Lucido, Vaupel, Johnson, Kahle, Lower, Byrd, Neeley, Ellison and Yancey
The Committee on Local Government, by Rep. Lower, Chair, reported
House Bill No. 4360, entitled
A bill to prohibit a local government, law enforcement agency, or university from operating a motor vehicle storage facility; to prohibit a local government, law enforcement agency, or university from accepting consideration from an authorized vendor that operates a motor vehicle storage facility; to prohibit a local government, law enforcement agency, or university from requiring an authorized vendor to deliver a motor vehicle to a motor vehicle storage facility operated by a different authorized vendor; to provide for exceptions; to prescribe the powers and duties of certain state and local departments, entities, and officials; to prescribe the powers and duties of certain law enforcement agencies; and to provide for remedies and penalties.
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 and Hauck
Nays: Reps. Moss and Ellison
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, February 21, 2018
Present: Reps. Lower, Crawford, Runestad, Howell, Alexander, Frederick, Hauck, Green, Moss, Ellison and Cambensy
The Committee on Tourism and Outdoor Recreation, by Rep. Hughes, Chair, reported
House Resolution No. 222.
A resolution to express support for the Thunder Bay National Marine Sanctuary and oppose any reduction in its boundaries.
(For text of resolution, see House Journal No. 2, p. 14.)
With the recommendation that the resolution be adopted.
Favorable Roll Call
To Report Out:
Yeas: Reps. Hughes, VanderWall, Sheppard, Dianda and Clemente
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hughes, Chair, of the Committee on Tourism and Outdoor Recreation, was received and read:
Meeting held on: Wednesday, February 21, 2018
Present: Reps. Hughes, VanderWall, Sheppard, Dianda and Clemente
The Committee on Regulatory Reform, by Rep. Iden, Chair, reported
House Bill No. 5259, entitled
A bill to amend 2016 PA 345, entitled “Limousine, taxicab, and transportation network company act,” by amending section 11 (MCL 257.2111).
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Iden, Bellino, Kesto, Crawford, Theis, Webber, Griffin, Hauck, Hoitenga, Reilly, Moss, Dianda, Chirkun, Liberati, Love and Jones
Nays: None
The Committee on Regulatory Reform, by Rep. Iden, Chair, reported
House Bill No. 5260, 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.
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. Iden, Bellino, Kesto, Crawford, Theis, Webber, Griffin, Hauck, Hoitenga, Reilly, Moss, Dianda, Chirkun, Liberati, Love and Jones
Nays: None
The Committee on Regulatory Reform, by Rep. Iden, Chair, reported
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.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Iden, Bellino, Kesto, Crawford, Theis, Webber, Griffin, Hauck, Hoitenga, Reilly, Moss, Dianda, Chirkun, Liberati, Love and Jones
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Iden, Chair, of the Committee on Regulatory Reform, was received and read:
Meeting held on: Wednesday, February 21, 2018
Present: Reps. Iden, Bellino, Kesto, Crawford, Theis, Webber, Griffin, Hauck, Hoitenga, Reilly, Moss, Dianda, Chirkun, Liberati, Love and Jones
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Albert, Chair, of the Committee on Financial Liability Reform, was received and read:
Meeting held on: Wednesday, February 21, 2018
Present: Reps. Albert, Reilly, McCready, Leutheuser, Lucido, Maturen, Wittenberg, Scott and Sneller
Messages from the Senate
House Bill No. 4191, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 12a.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5039, entitled
A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending section 30 (MCL 207.1030), as amended by 2008 PA 26.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4536, entitled
A bill to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 760.1 to 777.69) by adding section 26a to chapter IV.
The Senate has amended the bill as follows:
1. Amend page 2, line 25, by striking out all of subdivision (c).
The Senate has passed the bill as amended.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 4537, entitled
A bill to amend 1974 PA 163, entitled “An act to provide for the creation of a criminal justice information systems policy council; to provide for the establishment of policy and promulgation of rules governing access, use, and disclosure of information in criminal justice information systems; to provide for the reimbursement of expenses of council members; and to provide for penalties,” by amending section 4 (MCL 28.214), as amended by 2011 PA 199.
The Senate has amended the bill as follows:
1. Amend page 4, line 15, by striking out all of subdivision (c).
The Senate has passed the bill as amended.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 4538, entitled
A bill to amend 1925 PA 289, entitled “An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,” by amending section 3 (MCL 28.243), as amended by 2012 PA 374.
The Senate has amended the bill as follows:
1. Amend page 9, line 14, by striking out all of subdivision (c).
The Senate has passed the bill as amended.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 647, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 527a (MCL 206.527a), as amended by 2014 PA 523.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 671, entitled
A bill to amend 1945 PA 200, entitled “An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof,” by amending sections 1, 2, 3, and 5 (MCL 565.101, 565.102, 565.103, and 565.105), sections 1, 2, and 3 as amended by 1997 PA 154; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Communications from State Officers
The following communication from the Department of Health and Human Services was received and read:
February 5, 2018
As per the Child Advocacy Center Act, Public Act 544 of 2008, the Michigan Domestic and Sexual Violence Prevention and Treatment Board is required to “provide an annual report of incomes and expenditures to the secretary of the senate and the clerk of the house of representatives.”
Please note that Public Act 544 of 2008 did not allow for expenditures from the fund prior to April 1, 2011. Attached please find a Statement of Revenues, Expenditures and Changes in Fund Balances through year end September 30, 2017.
Please feel free to contact me of any additional information or questions. My direct line is (517) 241-5114. Thank you.
Sincerely,
Debi Cain
Executive Director
The communication was referred to the Clerk.
Introduction of Bills
Rep. Hornberger introduced
House Bill No. 5618, entitled
A bill to amend 1977 PA 89, entitled “State aid to public libraries act,” by amending sections 13 and 16 (MCL 397.563 and 397.566), section 16 as amended by 2001 PA 65.
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Rep. Kosowski introduced
House Bill No. 5619, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 116 and 208 (MCL 330.1116 and 330.1208), section 116 as amended by 1998 PA 67 and section 208 as amended by 2012 PA 500.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Hornberger introduced
House Bill No. 5620, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 12 (MCL 205.62), as amended by 2015 PA 251.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Allor introduced
House Bill No. 5621, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14b (MCL 205.104b), as amended by 2015 PA 252.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Reilly introduced
House Bill No. 5622, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 20a.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Rep. Glenn introduced
House Bill No. 5623, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 2468, 2468a, 20195, and 20195a.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Johnson introduced
House Bill No. 5624, entitled
A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending sections 1111 and 1123 (MCL 339.6111 and 339.6123).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Durhal introduced
House Bill No. 5625, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 788 (MCL 330.1788), as added by 1995 PA 290.
The bill was read a first time by its title and referred to the Committee on Law and Justice.
Reps. Howrylak, Miller, Yaroch, Robinson, Phelps and Jones introduced
House Joint Resolution GG, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article II, section 8 of article III, sections 1, 7, 8, 11, 12, 14, 16, 17, 18, 19, 20, 22, 24, 26, 27, 29, 30, 31, 33, 37, 43, 53, and 54 of article IV, sections 2, 3, 6, 7, 13, 18, 20, 25, 26, 28, and 29 of article V, sections 1 and 25 of article VI, section 6 of article VIII, sections 3, 15, and 27 of article IX, section 5 of article X, sections 5 and 7 of article XI, and sections 1 and 3 of article XII; adding section 1a to article IV and a schedule and temporary provisions; and repealing sections 2, 3, 4, 6, and 21 of article IV, to provide for the establishment of a unicameral nonpartisan legislature.
The joint resolution was read a first time by its title and referred to the Committee on Government Operations.
______
Rep. Whiteford moved that the House adjourn.
The motion prevailed, the time being 3:05 p.m.
Associate Speaker Pro Tempore Tedder declared the House adjourned until Thursday, February 22, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives
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