No. 36

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2018

House Chamber, Lansing, Tuesday, April 17, 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—e/d/s

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

Rep. Jon Hoadley, from the 60th District, offered the following invocation:

“Dear Lord, in a chamber that often hears grand words of praise, I offer a simple prayer of forgiveness.

For when my actions did not live up to my intentions

When my words were not kind

When my failure to act caused pain or the actions I took caused others to suffer

When my intentions and my impact did not align

When I did not listen to understand, but rather just listened to respond

When I was not the best partner, friend, son, uncle, or brother that I could be

I ask forgiveness.

As we begin another day of work for the people of Michigan and our communities, I ask for Your guidance to be better, to treat others as we would want to be treated, and look for the best in all of our brothers and sisters.

In Your name,

Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

Third Reading of Bills

Senate Bill No. 841, entitled

A bill to amend 1917 PA 72, entitled “Uniform partnership act,” by amending section 46 (MCL 449.46), as added by 1994 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. 228 Yeas—107

Afendoulis Farrington Kahle Reilly

Albert Frederick Kelly Rendon

Alexander Garcia Kesto Roberts

Allor Garrett Kosowski Runestad

Barrett Gay-Dagnogo LaFave Sabo

Bellino Geiss LaGrand Santana

Bizon Glenn LaSata Scott

Brann Graves Lasinski Sheppard

Brinks Green Lauwers Singh

Byrd Greig Leonard Sneller

Calley Greimel Leutheuser Sowerby

Cambensy Griffin Liberati Tedder

Camilleri Guerra Lilly Theis

Canfield Hammoud Love VanderWall

Chang Hauck Lower VanSingel

Chatfield Hernandez Lucido Vaupel

Chirkun Hertel Marino VerHeulen

Clemente Hoadley Maturen Victory

Cochran Hoitenga McCready Webber

Cole Hornberger Miller Wentworth

Cox Howell Moss Whiteford

Crawford Howrylak Neeley Wittenberg

Dianda Hughes Noble Yancey

Durhal Iden Pagan Yanez

Elder Inman Pagel Yaroch

Ellison Johnson Peterson Zemke

Faris Jones Phelps

Nays—1

Rabhi

In The Chair: Chatfield

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

“An act to define partnerships; the relation of partners to persons dealing with the partnership; the relation of partners to one another; to provide for the dissolution and winding up of partnerships; to prescribe powers and duties of certain state agencies and officials; and to make uniform the law relating to partnerships,”

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.

______

Rep. Robinson entered the House Chambers.

House Bill No. 5321, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2016 PA 356.

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

Roll Call No. 229 Yeas—69

Albert Dianda Johnson Reilly

Alexander Elder Kahle Rendon

Allor Farrington Kelly Roberts

Barrett Frederick Kesto Runestad

Bellino Garcia LaSata Sheppard

Bizon Glenn Lasinski Sneller

Calley Graves Lauwers Sowerby

Cambensy Griffin Leonard Tedder

Camilleri Guerra Leutheuser Theis

Canfield Hauck Lilly VanderWall

Chang Hernandez Lucido VanSingel

Chatfield Hoitenga Marino Vaupel

Chirkun Hornberger Maturen VerHeulen

Clemente Howell Miller Victory

Cochran Hughes Noble Wentworth

Cole Iden Pagel Whiteford

Cox Inman Phelps Yaroch

Crawford

Nays—40

Afendoulis Green LaGrand Robinson

Brann Greig Liberati Sabo

Brinks Greimel Love Santana

Byrd Hammoud Lower Scott

Durhal Hertel McCready Singh

Ellison Hoadley Moss Webber

Faris Howrylak Neeley Wittenberg

Garrett Jones Pagan Yancey

Gay-Dagnogo Kosowski Peterson Yanez

Geiss LaFave Rabhi Zemke

In The Chair: Chatfield

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. 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 the enrollment printing and presentation to the Governor on Thursday, April 12, for his approval of the following bill:

Enrolled House Bill No. 5190 at 2:35 p.m.

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, April 12:

House Bill Nos. 5783 5784 5785 5786 5787 5788 5789 5790 5791 5792 5793 5794 5795 5796

5797 5798 5799 5800 5801 5802 5803 5804 5805 5806 5807 5808 5809

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, April 17:

Senate Bill Nos. 943 944 945 946 947 948 949

The Clerk announced that the following Senate bill had been received on Tuesday, April 17:

Senate Bill No. 892

Reports of Standing Committees

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

House Bill No. 5672, entitled

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

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

Nays: None

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

House Bill No. 5782, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 15a.

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

Nays: None

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

Senate Bill No. 618, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 12a.

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

Nays: None

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

Senate Bill No. 640, entitled

A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending section 4 (MCL 474.104), as amended by 2016 PA 349.

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

Nays: None

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

Senate Bill No. 672, entitled

A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 5 (MCL 480.15), as amended by 2017 PA 116.

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

Nays: None

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

Senate Bill No. 815, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2017 PA 238.

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 17, 2018

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 17, 2018

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

Absent: Reps. Dianda and Garrett

Excused: Reps. Dianda and Garrett

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 17, 2018

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

Absent: Rep. Howrylak

Excused: Rep. Howrylak

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 17, 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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 17, 2018

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

Messages from the Senate

House Bill No. 4905, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2017 PA 121.

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. 5261, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9o (MCL 211.9o), as amended by 2017 PA 261.

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.

Senate Bill No. 892, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625k (MCL 257.625k), as amended by 2016 PA 32, and by adding section 62b.

The Senate has passed the bill.

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

Notices

Pursuant to Rule 41, the Speaker has made the following referrals:

Senate Bill No. 757 referred to the Committee on Communications and Technology.

Senate Bill No. 758 referred to the Committee on Communications and Technology.

Messages from the Governor

The following message from the Governor was received and read:

April 12, 2018

Mr. Gary Randall

Clerk of the House

House of Representatives

Capitol Building

Lansing, Michigan 48909

Dear Mr. Randall:

In accordance with Section 14 of Article V of the Michigan Constitution of 1963, I write to advise the Michigan House of Representatives that no commutations or pardons were granted during 2017.

Sincerely,

Richard D. Snyder

Governor

The message was referred to the Clerk.

The following message from the Governor was received April 16, 2018 and read:

EXECUTIVE ORDER

No. 2018 – 5

CREATION OF THE SCHOOL SAFETY TASK FORCE

DEPARTMENT OF STATE POLICE

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the constitution; and

WHEREAS, a safe school environment is paramount to the health and well-being of Michigan’s students and school personnel; and

WHEREAS, residents expect state and local government to provide safe and effective tools for increased safety, crisis training, collaborative support, and timely response in schools; and

WHEREAS, outdated school building infrastructure represents potential vulnerabilities to the safety of students and school personnel; and

WHEREAS, policy-makers, school administrators, law enforcement, students and parents continue to search for solutions to the problem of violence in schools; and

WHEREAS, it is important that the state of Michigan develop comprehensive, coordinated and effective recommendations for school safety to guide our understanding and prevention of violence in school settings; and

WHEREAS, these recommendations must be effective and collaborative at the local and state level to provide the preventative and responsive measures our schools need today and into the future for a safe and secure environment; and

WHEREAS, an ongoing and full assessment of the safety of Michigan’s school infrastructure and policies is needed; and

WHEREAS, Michigan should look to experts and leaders from across the state who are committed to the safety of Michigan’s children and school personnel to identify current practices and future needs; and

WHEREAS, input from discussions and meetings with students, parents, teachers, counselors, administrators, school safety personnel, law enforcement officials, mental health professionals, security specialists, and other related stakeholders will be critical to this process; and

WHEREAS, the School Safety Task Force will research, assess and advise in matters relating to the assessment and development recommendations to keep our schools safe and will be responsible for providing recommendations no later than November 30, 2018; and

WHEREAS, we must act now to ensure our system of schools, their structures, emergency, behavioral health, and safety policies are focused on student and personnel protection and well-being for the good of all residents and the vitality of the state;

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. CREATION OF THE SCHOOL SAFETY TASK FORCE

A. The School Safety Task Force (the “Task Force”) is created as an advisory body within the Department of State Police.

B. The Governor shall appoint six (6) members to the Task Force, serving at the pleasure of the Governor as follows:

• One (1) member representing law enforcement;

• One (1) member representing behavioral and mental health;

• One (1) member representing teachers;

• One (1) member representing school administrators;

• One (1) member who is a parent; and

• One (1) member who is a high school student or recent high school graduate.

C. The Governor shall additionally appoint four (4) members to the Task Force as follows:

• One (1) member submitted by the Speaker of the House of Representatives;

• One (1) member submitted by the Minority Leader of the House of Representatives;

• One (1) member submitted by the Senate Majority Leader; and

• One (1) member submitted by the Senate Minority Leader.

D. In addition, the following three (3) department heads or their designees from within their respective departments or agencies shall be members:

• The Director of the Department of State Police who shall serve as chairperson of the Task Force;

• The Superintendent of Public Instruction; and

• The Director of the Department of Health and Human Services.

E. A vacancy on the Task Force shall be filled in the same manner as the original appointment.

F. The Task Force shall include individuals with a particular interest or expertise in education, public health, law enforcement, or emergency response.

II. CHARGE TO THE TASK FORCE

A. The Task Force shall act in an advisory capacity to the Governor, the Department of State Police, and the state of Michigan and shall do all of the following:

1. Analyze top performing states to determine how their law enforcement, school officials, and public health experts collaborate on providing preventative policies and services to create safe and secure learning environments for schools.

2. Based on this analysis of top performing states, identify the structural and policy recommendations for collaboration, planning, and regular assessment of school infrastructure and safety policies, including distinct geographic and demographic variances where appropriate.

3. Review and update Michigan’s All-Hazards Emergency Operations Planning Guidance for Schools to account for lessons learned from recent violent incidents and best practices and create a comprehensive School Safety Plan to include behavioral health components.

4. Identify components for the creation of a positive recognition program for best practices in school safety to include assessment and auditing functions for school buildings. This program should include, at a minimum, recommendations for comprehensive school safety policies, the identification of a behavioral health assessment person or team of people, a mechanism for students to anonymously report suspicious behavior, and other policy components a safe school should have in place that include both the response to an emergency and the prevention of such emergencies, as well as recommendations for basic physical safety structures in school buildings, taking into account local funding mechanisms, and a structure for regular assessments of school buildings, plans, policies, and procedures for recognition.

5. Advise on the role of behavioral and mental health assessments in school safety plans and procedures, review and advise on the implementation of the Pathways to Potential program and other similar programs and provide recommendations on increasing the role and collaboration between school violence prevention and behavioral health in schools. Also advise on recommended methods and alternatives to current student disciplinary actions such as school expulsion or judicial intervention.

6. Develop a tiered school safety curriculum standard for those individuals acting in a School Resource Officer or similar role at any Michigan school. The curriculum should include a tiered approach for different levels of School Resource Officers serving in varying capacities, such as those that serve on a part-time basis, full-time basis, or those that carry weapons. Identify potential sources of training, including MCOLES, vocational schools or community colleges, as well as mechanisms for ongoing training, consistency and quality control, and length of certification.

7. Develop methods to incentivize and encourage joint evaluation and planning of school safety needs between law enforcement, school administrators, local public health, and other impacted stakeholders. In addition, identify mechanisms for state and local cooperation and collaboration to share best practices on planning, evaluations, and improvements for longer term planning with higher education institutions and state departments.

8. Provide other information or advice as directed by the Governor.

9. No later than November 30, 2018, complete its work and issue a final report to the Governor and legislature.

10. Recommendations that are finalized prior to November 30, 2018, are encouraged to be issued as they are completed.

11. Forty-five (45) days after issuance and submission of its final report, the Task Force shall be deemed to have completed its charges and is abolished.

III. OPERATIONS OF THE TASK FORCE

A. The Task Force shall be staffed by personnel from and assisted by state departments and agencies as directed by the Governor’s Office.

B. The Task Force shall meet at the call of the Chairperson at a minimum of twice per month and as may be provided in procedures adopted by the Task Force. Meetings of the Task Force may be held anywhere within the state of Michigan.

C. The Task Force may establish workgroups or committees assigning Task Force members to and inviting public participation on these workgroups or committees as the Task Force deems necessary.

D. The Task Force shall adopt procedures consistent with Michigan law and this Order governing its organization and operations.

E. The Task Force shall conduct its business at public meetings in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. However, members of the Task Force may attend and participate in a meeting of the Task Force by the use of telecommunication or other electronic equipment if their attendance and participation by the use of telecommunication or other electronic equipment is authorized by the procedures of the Task Force and that meeting is otherwise conducted in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

F. A writing prepared, owned, used, in the possession of, or retained by the Task Force in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

G. The Task Force may, as appropriate, make inquiries, studies, hold hearings, and receive comments from the public. The Task Force may consult with outside experts to perform its duties, including, but not limited to, experts in the private sector, government agencies, and the nonprofit sector.

H. Members of the Task Force shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget, subject to available funding.

I. In accordance with applicable state contracting and procurement procedures, the Task Force may make or enter into contracts necessary or incidental to the exercise of the powers of the Task Force and the performance of its duties, including the hiring or retention of contractors, consultants, or agents, as the Chairperson deems advisable and necessary.

J. The Task Force may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures.

IV. MISCELLANEOUS

A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state may give to the Task Force, or to any member or representative of the Task Force, any necessary assistance required by the Task Force or any member or representative of the Task Force, in the performance of the duties of the Task Force so far as is compatible with its, his, or her duties.

B. Nothing in this Executive Order shall be construed to diminish the constitutional authority of the State Board of Education pursuant to Section 3 of Article VIII of the Michigan Constitution of 1963, to provide leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees; to serve as the general planning and coordinating body for all public education, including higher education; and to advise the Legislature as to the financial requirements in connection therewith.

C. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order.

D. Nothing in this Order shall be construed to change the organization of the executive branch of state government or the assignment of functions among its units in a manner requiring the force of law.

E. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.

This Executive Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 16th day of April, in the Year of our Lord Two Thousand Eighteen.

RICHARD D. SNYDER

GOVERNOR

BY THE GOVERNOR:

RUTH A. JOHNSON

SECRETARY OF STATE

The message was referred to the Clerk.

The following message from the Governor was received April 12, 2018 and read:

EXECUTIVE ORDER

No. 2018 - 4

STATE EMERGENCY MEDICAL SERVICES COORDINATING COMMITTEE

DEPARTMENT OF HEALTH AND HUMAN SERVICES

EXECUTIVE REORGANIZATION

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; and

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch of in the assignment of functions among its units that he considers necessary for efficient administration; and

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the constitution; and

WHEREAS, emergency medical services are a critical component of public health and safety in Michigan; and

WHEREAS, the provision of emergency medical services has become increasingly integrated with other comprehensive systems of care; and

WHEREAS, rural areas in Michigan present unique challenges for the provision of emergency medical services because of the wide dispersal of patients and the heavy reliance on volunteer emergency medical technicians; and

WHEREAS, the State Emergency Medical Services Coordinating Committee (the “Coordinating Committee”) within the Department of Health and Human Services (the “Department”), see MCL 333.20915 & MCL 333.20916, plays a vital role in coordinating the exchange of information on emergency medical services and advising the Department on all matters involving the provision of emergency medical services in Michigan; and

WHEREAS, changes to the composition of the Coordinating Committee are necessary for efficient administration and to ensure that the Department continues to have access to subject-matter expertise from a well-rounded Coordinating Committee that will continue to fully support the evolution of emergency medical services in Michigan;

I. STATE EMERGENCY MEDICAL SERVICES COORDINATING COMMITTEE

A. In addition the voting members of the Coordinating Committee appointed by the director of the Department pursuant to MCL 333.20915(1), the Coordinating Committee shall also include the following six voting members appointed by the director of the Department to three-years terms:

1. The State 9-1-1 Administrator;

2. One individual representing the law enforcement community;

3. One representative nominated by the Michigan Center for Rural Health;

4. One representative nominated by the Michigan Emergency Nurses Association Executive Board;

5. One representative nominated by the Michigan Office of Highway Safety Planning; and

6. One representative nominated by the Michigan Pharmacy Association.

B. In addition to the ex officio members serving on the Coordinating Committee pursuant to MCL 333.20915(2), the Coordinating Committee shall also include one representative of the Department, appointed by the director of the Department, serving as an ex officio member without the right to vote.

C. After the director of the Department makes new appointments under subsections (1)(a), (1)(b), (1)(c), (1)(d), (1)(e), (1)(f), and (1)(i) of MCL 333.20915, at least one representative from each of the organizations identified must be associated with a county having a population of not more than 50,000.

D. At least one voting member of the Coordinating Committee shall be from a city with a population of not less than 500,000.

II. MISCELLANEOUS

A. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order.

B. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.

In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 12th day of April, in the Year of our Lord Two Thousand Eighteen

RICHARD D. SNYDER

GOVERNOR

BY THE GOVERNOR:

RUTH A. JOHNSON

SECRETARY OF STATE

The message was referred to the Clerk.

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

April 11, 2018

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-065-LR (Secretary of State Filing #18-04-04) on this date at 4:21 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 58. Aerial Work Platforms”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

April 11, 2018

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-061-LR (Secretary of State Filing #18-04-05) on this date at 4:21 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 94. Textiles”.

April 11, 2018

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-059-LR (Secretary of State Filing #18-04-06) on this date at 4:20 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 63. Pulp, Paper, and Paperboard Mills”.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Reps. Vaupel, Lilly, Kesto, Whiteford, Brann and Hammoud introduced

House Bill No. 5810, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a, 400, 401, 409, 434, 435, 436, 452, 455, 461, 464a, 468, 469a, 472a, 473, 474, 474a, 475, 475a, 477, 478, 482, and 489 (MCL 330.1100a, 330.1400, 330.1401, 330.1409, 330.1434, 330.1435, 330.1436, 330.1452, 330.1455, 330.1461, 330.1464a, 330.1468, 330.1469a, 330.1472a, 330.1473, 330.1474, 330.1474a, 330.1475, 330.1475a, 330.1477, 330.1478, 330.1482, and 330.1489), sections 100a, 401, 434, 435, 452, 455, 461, 468, 469a, 472a, 474, 474a, and 475 as amended by 2016 PA 320, section 400 as amended by 2004 PA 553, section 409 as amended by 2006 PA 306, section 436 as amended by 1995 PA 290, section 464a as amended by 2014 PA 200, section 473 as amended by 2004 PA 498, section 475a as added and section 482 as amended by 1996 PA 588, and section 477 as amended by 1986 PA 117.

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

Reps. Farrington, Green, McCready, Marino, Graves, Gay-Dagnogo, LaFave, Lilly and VanderWall introduced

House Bill No. 5811, entitled

A bill to amend 2003 PA 238, entitled “Michigan notary public act,” by amending sections 15, 25, and 27 (MCL 55.275, 55.285, and 55.287), section 15 as amended by 2006 PA 510, section 25 as amended by 2006 PA 426, and section 27 as amended by 2006 PA 155, and by adding sections 26b and 54.

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

Rep. Runestad introduced

House Bill No. 5812, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2017 PA 108.

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

Reps. Runestad, Lucido, Crawford and Graves introduced

House Bill No. 5813, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 15h to chapter IV.

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

Rep. Hoitenga introduced

House Bill No. 5814, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5b and 5l (MCL 28.425b and 28.425l), as amended by 2017 PA 95.

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

Reps. Love, Chirkun, Clemente, Geiss, Elder, Garrett and Ellison introduced

House Bill No. 5815, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 11i.

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

Reps. Green, Gay-Dagnogo, Chang, Greimel, Zemke, Camilleri, Hammoud, Yaroch, Sowerby, Ellison, Geiss, Hertel, Chirkun, LaGrand, Jones and Scott introduced

House Bill No. 5816, entitled

A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 3 (MCL 691.1403).

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

Reps. Camilleri, Green, Gay-Dagnogo, Chang, Greimel, Wittenberg, Zemke, Hammoud, Sowerby, Ellison, Geiss, Hertel, Chirkun, LaGrand, Jones and Scott introduced

House Bill No. 5817, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6419 (MCL 600.6419), as amended by 2013 PA 164.

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

Reps. Guerra, Vaupel and Kesto introduced

House Bill No. 5818, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5314 (MCL 700.5314), as amended by 2017 PA 155.

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

Reps. Kesto, Vaupel and Guerra introduced

House Bill No. 5819, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a, 400, 415, 416, 419, and 420 (MCL 330.1100a, 330.1400, 330.1415, 330.1416, 330.1419, and 330.1420), sections 100a and 420 as amended by 2016 PA 320, section 400 as amended by 2004 PA 553, section 415 as amended by 2004 PA 557, section 416 as amended by 1995 PA 290, and section 419 as amended by 1984 PA 186.

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

Reps. Kesto and Vaupel introduced

House Bill No. 5820, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending a subheading of chapter 5 and sections 500, 501, 502, 503, 504, 505, 508, 509, 510, 511, 512, 515, 516, 517, 518, 519, 520, 521, 525, 526, 527, 528, 531, 532, 536, 537, 540, and 541 (MCL 330.1500, 330.1501, 330.1502, 330.1503, 330.1504, 330.1505, 330.1508, 330.1509, 330.1510, 330.1511, 330.1512, 330.1515, 330.1516, 330.1517, 330.1518, 330.1519, 330.1520, 330.1521, 330.1525, 330.1526, 330.1527, 330.1528, 330.1531, 330.1532, 330.1536, 330.1537, 330.1540, and 330.1541), sections 500, 502, 503, 505, 508, 509, 510, 511, 512, 516, 517, 518, 519, 520, 521, 527, 528, 531, 532, 536, 537, 540, and 541 as amended by 1995 PA 290, sections 504 and 515 as amended by 2014 PA 72, and section 525 as amended by 1998 PA 382.

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

Reps. Kesto and Chang introduced

House Bill No. 5821, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2016 PA 336.

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

Reps. Hammoud, Gay-Dagnogo, Marino, Hertel, Lasinski, Ellison, LaGrand, Neeley, Garrett, Noble, Clemente, Rabhi, Calley, Brinks, Wittenberg and Camilleri introduced

House Bill No. 5822, entitled

A bill to amend 2014 PA 462, entitled “An act to allow peace officers to carry and administer opioid antagonists in certain circumstances; to provide access to opioid antagonists by law enforcement agencies and peace officers; and to limit the civil and criminal liability of law enforcement agencies and peace officers for the possession, distribution, and use of opioid antagonists under certain circumstances,” by amending the title and sections 1, 2, 3, and 4 (MCL 28.541, 28.542, 28.543, and 28.544).

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

Reps. Wittenberg, Faris, Cambensy, Pagan, Liberati, Hammoud, Lasinski, Durhal, Santana, Camilleri, Elder, Geiss, Gay-Dagnogo, Chang, Rabhi, Zemke, Greimel, Clemente, Sneller, Yaroch and Jones introduced

House Bill No. 5823, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 5 (MCL 408.1005), as amended by 2016 PA 17.

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

Reps. Hughes, Victory and Lilly introduced

House Bill No. 5824, entitled

A bill to amend 1965 PA 203, entitled “Michigan commission on law enforcement standards act,” (MCL 28.601 to 28.615) by adding section 9e.

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

______

Rep. Runestad moved that the House adjourn.

The motion prevailed, the time being 2:20 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, April 18, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

650 JOURNAL OF THE HOUSE [April 17, 2018] [No. 36

No. 36] [April 17, 2018] JOURNAL OF THE HOUSE 651

652 JOURNAL OF THE HOUSE [April 17, 2018] [No. 36

No. 36] [April 17, 2018] JOURNAL OF THE HOUSE 653

654 JOURNAL OF THE HOUSE [April 17, 2018] [No. 36

No. 36] [April 17, 2018] JOURNAL OF THE HOUSE 655

656 JOURNAL OF THE HOUSE [April 17, 2018] [No. 36

No. 36] [April 17, 2018] JOURNAL OF THE HOUSE 657

658 JOURNAL OF THE HOUSE [April 17, 2018] [No. 36

No. 36] [April 17, 2018] JOURNAL OF THE HOUSE 659

660 JOURNAL OF THE HOUSE [April 17, 2018] [No. 36

No. 36] [April 17, 2018] JOURNAL OF THE HOUSE 661

662 JOURNAL OF THE HOUSE [April 17, 2018] [No. 36

No. 36] [April 17, 2018] JOURNAL OF THE HOUSE 663

664