No. 53

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2018

House Chamber, Lansing, Thursday, May 24, 2018.

9:00 a.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 Andrew Kim, Teaching Pastor of Kensington Church in Troy, offered the following invocation:

“Heavenly Father,

We thank You for a new day. We thank You that every day, with all of its joys and challenges, is a gift from You.

I thank You for each of the state representatives here, whom You have appointed to their specific offices. Thank You for their passion to serve their people and the vision You have given each of them to create a more beautiful future for their communities.

I pray You would give them a humility and a strength, that is not simply ordinary, but truly extraordinary because it flows from You. I pray that each of these leaders would be like King David, the second king of Israel, they would be men and women after Your own heart. As their positions are complex and difficult, that You would also give them a wisdom similar to that of David’s son, King Solomon, who was one of the wisest human beings in human history.

I pray Your protection over them as well as their families. Protection over marriages, over children, that their times with their families would be sweet and life-giving.

When they travel, that You would give them safety and mercy.

God, I pray that You would give them everything they need to lead and to love Your people well. You would use each of them to create the future You desire. A future that is filled with hope, joy, peace and love.

As they move through their day, I pray they would know they are more loved and cherished than they could ever understand or imagine by the God Who created them.

Thank You for these representatives and all gathered here in this chamber. I pray Your blessing upon them today.

We pray these things in Jesus name, Amen.”

Motions and Resolutions

Reps. Barrett, Brinks, Cochran, Crawford, Faris, Greig, Howrylak, Phelps and Sneller offered the following resolution:

House Resolution No. 352.

A resolution to commemorate the 100th anniversary of the Army Warrant Officer Corps.

Whereas, An Army warrant officer is an adaptive technical expert, combat leader, trainer, and advisor. Warrant officers are highly skilled, single-track specialty officers who make up the technical foundation of the U.S. Army. Through progressive levels of expertise in assignments, training, and education, Army warrant officers administer, manage, maintain, operate, and integrate Army systems and equipment across the full spectrum of Army operations; and

Whereas, Army warrant officers are commissioned by the President of the United States and take the same oath as regular commissioned officers. Although they make up less than 3% of total Army strength, warrant officers shoulder great responsibilities including training soldiers and organizing and advising on missions; and

Whereas, Throughout their careers, Army warrant officers specialize in a technical area like intelligence, aviation, or military police. Army warrant officers are innovative integrators of emerging technologies, dynamic teachers, confident warfighters, and developers of specialized teams of soldiers. Army warrant officers can and do command attachments, units, activities, vessels, aircraft, and armored vehicles, as well as lead, coach, train, and counsel subordinates; and

Whereas, An Army warrant officer’s primary task as a leader is to serve as a technical expert to provide valuable skills, guidance, and expertise in his or her field to commanders and organizations. For example, due to demand for helicopter pilots in Vietnam, the number of Army warrant officer pilots grew from about 2,960 in 1966 to more than 12,000 by 1970; and

Whereas, Army warrant officers serve not only in the military but serve important roles throughout the community; and

Whereas, Army warrant officers have sacrificed for the cause of freedom, including some who have paid the ultimate sacrifice for those freedoms; and

Whereas, The Army Warrant Officer Corps celebrates its 100th Anniversary on July 9, 2018; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 100th anniversary of the Army Warrant Officer Corps. We recognize the men and women of the Army Warrant Officer Corps who have served this nation, this state, and its communities so honorably and admirably over the past 100 years; and be it further

Resolved, That copies of this resolution be sent to the United States Secretary of the Army, the Michigan Department of Veterans and Military Affairs, and the Army Warrant Officer Corps.

The resolution was referred to the Committee on Military and Veterans Affairs.

Reps. Barrett, Brinks, Cochran, Crawford, Faris, Greig, Howrylak, Phelps and Sneller offered the following resolution:

House Resolution No. 353.

A resolution to declare June 27, 2018, as Post Traumatic Stress Injury Awareness Day in the state of Michigan.

Whereas, The brave men and women of the United States Armed Forces, who proudly serve the United States, risk their lives to protect the freedom of the United States and deserve the investment of every possible resource to ensure their lasting physical, mental, and emotional well-being; and

Whereas, More than 2,000,000 United States service members have deployed as part of overseas contingency operations since the events of September 11, 2001; and

Whereas, The military has sustained an operational tempo for a period of time unprecedented in the history of the United States, with many service members deploying multiple times to combat zones, placing them at high risk of post-traumatic stress injury (PTSI); and

Whereas, It is expected that ten thousand veterans will return to the state of Michigan every year for the next three to five years after spending a significant amount of time in combat environments, exposing thousands of soldiers to traumatic life threatening events; and

Whereas, The Department of Veterans Affairs reports that in fiscal year 2012, more than 500,000 veterans from all wars who sought care at a Department of Veterans Affairs medical center received treatment for PTSI; and

Whereas, PTSI significantly increases the risk of depression, suicide, and drug and alcohol related disorders and deaths; and

Whereas, Thousands of Michigan corrections professionals who perform a critical and dangerous job protecting the public suffer health detriments due to high stress and potentially traumatic occupational experiences. Recent studies have shown nearly 33.7% of surveyed corrections officers are estimated to be PTSI positive in this state; and

Whereas, The Department of Defense and the United States Department of Veterans Affairs have made significant advances in the prevention, diagnosis, and treatment of PTSI and the symptoms of PTSI. However, many challenges remain; and

Whereas, The establishment of a Post Traumatic Stress Injury Awareness Day in Michigan will raise public awareness about issues related to PTSI; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare June 27, 2018, as Post Traumatic Stress Injury Awareness Day in the state of Michigan. We urge the Michigan Veterans Affairs Agency and the Adjutant General to continue working to educate service members, veterans, the families of service members and veterans, and the public about the causes, symptoms, and treatment of post-traumatic stress injury; and be it further

Resolved, That a copy of this resolution be transmitted to the Governor of the state of Michigan.

The resolution was referred to the Committee on Military and Veterans Affairs.

Reps. Greig, Geiss, Pagan, Hoadley, Garrett, Chang, Wittenberg, Brinks, Clemente, Cochran, Elder, Faris, Phelps, Sneller and Sowerby offered the following resolution:

House Resolution No. 354.

A resolution to declare May 28, 2018, as Menstrual Hygiene Day in the state of Michigan.

Whereas, Menstrual Hygiene Day serves to increase public awareness of the need to ensure women and girls are able to maintain healthy menstruation practices; and

Whereas, Menstrual Hygiene Day is also a new effort to destigmatize women’s menstrual cycles, and advocate for better access to feminine hygiene products for females who may otherwise be forced to resort to less sanitary options; and

Whereas, Menstrual hygiene is a worldwide issue; women and girls around the world face different challenges in managing their menstruation depending on social norms, customs, geography, and education; and

Whereas, Taboos and negative social norms surrounding menstruation are perpetuated by society as a whole. Therefore, creating an inclusive conversation with women and girls, as well as boys and men, is critical to create understanding and foster a supportive and healthy environment in menstrual health; and

Whereas, Toxic Shock Syndrome is a rare but serious clinical syndrome typically caused by bacterial infection due to Staphylococcus aureus or Streptococcus pyogenes that progresses quickly. The case fatality rate is reported as four percent nationally. It is important to raise awareness of the risks of improper menstrual hygiene so that these types of cases can be prevented; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 28, 2018, as Menstrual Hygiene Day in the state of Michigan; and be it further

Resolved, That the members of this legislative body encourage all Michiganders to recognize the importance of menstrual health and access to feminine hygiene products and to start a conversation to recognize that menstruation is not a taboo and menstrual health is key for women and girls’ health and wellbeing everywhere.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Sowerby, Geiss, Pagan, Hoadley, Garrett, Chang, Wittenberg, Brinks, Clemente, Cochran, Elder, Faris, Greig, Phelps and Sabo offered the following resolution:

House Resolution No. 355.

A resolution to memorialize the Congress of the United States to amend the Internal Revenue Code to allow feminine hygiene products to be an eligible purchase under health savings accounts.

Whereas, Health savings accounts (HSA) are an effective tool for people to set aside pre-tax dollars for medical expenses. Allowable health care expenses under these plans range from copays and deductibles to prescription drugs and a variety of medical supplies; and

Whereas, Feminine hygiene products are not an eligible expense under the HSA. Women spend thousands of dollars annually on feminine hygiene products. These products are integral to the overall health of women; and

Whereas, Feminine hygiene products are an essential health expense. Including feminine hygiene products under this existing mechanism would enable women to maximize savings on these necessary and recurring expense; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to amend the Internal Revenue Code to allow feminine hygiene products to be an eligible purchase under the health savings accounts; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Health Policy.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 164.

A resolution to urge Michigan institutions of higher learning to improve policies, training, and victims’ services regarding cases of sexual assault and stalking.

(For text of resolution, see House Journal No. 71 of 2017, p. 1658.)

(The resolution was reported by the Committee on Families, Children, and Seniors on May 3.)

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

Senate Bill No. 871, 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.

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. Zemke moved to substitute (H-3) the bill.

The motion did not prevail and the substitute (H-3) was not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

Senate Bill No. 872, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5805 (MCL 600.5805), as amended by 2012 PA 582, and by adding section 5851b.

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. Greimel moved to amend the bill as follows:

1. Amend page 5, line 22, after “750.520B” by striking out the balance of the subsection 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. Lauwers moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 5793, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16279 and 16279a.

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

The motion prevailed.

House Bill No. 5783, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16213, 16299, 20175, 20175a, and 20199 (MCL 333.16213, 333.16299, 333.20175, 333.20175a, and 333.20199), sections 16213 and 20175a as added and section 20175 as amended by 2006 PA 481 and section 16299 as amended by 2012 PA 499, and by adding sections 16213a, 17023, 17523, and 20175b.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Law and Justice,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5784, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2016 PA 547.

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

The motion prevailed.

House Bill No. 5787, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 90 (MCL 750.90).

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. 5788, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.

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

The motion prevailed.

House Bill No. 5789, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16221 (MCL 333.16221), as amended by 2017 PA 249.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5790, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16226 (MCL 333.16226), as amended by 2017 PA 249.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5794, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145g.

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

The motion prevailed.

House Bill No. 5660, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145c (MCL 750.145c), as amended by 2012 PA 583.

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

The motion prevailed.

House Bill No. 5661, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2017 PA 74.

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

The motion prevailed.

House Bill No. 5537, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 483a (MCL 750.483a), as added by 2000 PA 451.

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. 5982, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 478b.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5658, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 27b of chapter VIII (MCL 768.27b), as added by 2006 PA 78.

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

The motion prevailed.

House Bill No. 5798, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 2, 31, and 61 (MCL 780.752, 780.781, and 780.811), section 2 as amended by 2014 PA 133, section 31 as amended by 2014 PA 134, and section 61 as amended by 2014 PA 130.

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

The motion prevailed.

House Bill No. 5791, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1508 and 1526b.

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

The motion prevailed.

House Bill No. 5539, entitled

A bill to amend 2013 PA 183, entitled “Student safety act,” by amending section 3 (MCL 752.913).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5799, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 293 (MCL 168.293).

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5659, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 3 (MCL 722.623), as amended by 2016 PA 35.

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. Zemke moved to amend the bill as follows:

1. Amend page 3, following line 16, by inserting:

“(D) AN INDIVIDUAL WHO IS PAID TO OR WHO VOLUNTEERS TO CONDUCT OR ASSIST IN CONDUCTING K-12 OR POSTSECONDARY INTERSCHOLASTIC ATHLETIC ACTIVITIES OR YOUTH RECREATIONAL ATHLETIC ACTIVITIES. THIS SUBDIVISION INCLUDES A COACH, AN ASSISTANT COACH, OR AN ATHLETIC TRAINER. AN INDIVIDUAL REQUIRED TO REPORT UNDER THIS SUBDIVISION SHALL REPORT IN THE SAME MANNER AS REQUIRED UNDER SUBDIVISION (A). AS USED IN THIS SUBDIVISION:

(i) “K-12 OR POSTSECONDARY INTERSCHOLASTIC ATHLETIC ACTIVITY” MEANS A K-12 OR POSTSECONDARY SCHOOL PROGRAM OR EVENT, INCLUDING PRACTICE AND COMPETITION, DURING WHICH YOUTH ATHLETES PARTICIPATE OR PRACTICE TO PARTICIPATE IN AN ORGANIZED ATHLETIC GAME OR COMPETITION AGAINST ANOTHER K-12 OR POSTSECONDARY SCHOOL, TEAM, CLUB, ENTITY, OR INDIVIDUAL.

(ii) “YOUTH RECREATIONAL ATHLETIC ACTIVITY” MEANS A PROGRAM OR EVENT, INCLUDING PRACTICE AND COMPETITION, NOT ASSOCIATED WITH A SCHOOL, DURING WHICH YOUTH ATHLETES PARTICIPATE OR PRACTICE TO PARTICIPATE IN AN ORGANIZED ATHLETIC GAME OR COMPETITION AGAINST ANOTHER TEAM, CLUB, ENTITY, OR INDIVIDUAL. YOUTH RECREATIONAL ATHLETIC ACTIVITY INCLUDES, BUT IS NOT LIMITED TO, ATHLETIC ACTIVITY SPONSORED BY A RECREATION CENTER, COMMUNITY CENTER, OR PRIVATE SPORTS CLUB.”.

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

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

The motion prevailed.

House Bill No. 5796, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 3b.

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

The motion prevailed.

Senate Bill No. 874, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 13 (MCL 722.633), as amended by 2002 PA 14.

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

The motion prevailed.

Senate Bill No. 880, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15g of chapter XVII (MCL 777.15g), as amended by 2017 PA 259.

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

The motion prevailed.

House Bill No. 5797, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 13 (MCL 15.243), as amended by 2018 PA 68.

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. Greimel moved to amend the bill as follows:

1. Amend page 10, following line 5, by inserting:

“(3) A PUBLIC BODY SHALL EXEMPT FROM DISCLOSURE INFORMATION THAT, IF RELEASED, WOULD REVEAL THE IDENTITY OF AN OPPOSING PARTY WHO PROCEEDS ANONYMOUSLY IN A CIVIL ACTION AGAINST THE PUBLIC BODY IN WHICH THE OPPOSING PARTY ALLEGES THAT HE OR SHE WAS THE VICTIM OF SEXUAL MISCONDUCT. AS USED IN THIS SUBSECTION, “SEXUAL MISCONDUCT” MEANS THAT TERM AS DEFINED IN SUBSECTION (1)(BB).” and renumbering the remaining subsections.

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

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

The motion prevailed.

House Bill No. 5800, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310d.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Law and Justice,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5795, entitled

A bill to create the office of the higher education sexual assault ombudsman within the department of civil rights; to prescribe the powers and duties of the office, the ombudsman, and certain state governmental officers and entities; and to provide for an appropriation.

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

The motion prevailed.

House Bill No. 5792, entitled

A bill to create the campus sexual assault response improvement plan and grant act; to require certain reporting; to create the campus sexual assault response improvement grant fund; to provide for the use of the fund; and to provide for the powers and duties of certain state officers and entities.

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

The motion prevailed.

House Bill No. 6043, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1230b (MCL 380.1230b), as added by 1996 PA 189, and by adding section 1230i.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5606, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537 (MCL 436.1537), as amended by 2016 PA 514.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Regulatory Reform,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5719, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 533 (MCL 436.1533), as amended by 2016 PA 434.

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

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

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

The motion prevailed.

House Bill No. 5725, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 20a.

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

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

Rep. Barrett 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 Senate Bill No. 871 be placed on its immediate passage.

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

Senate Bill No. 871, 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.

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

Roll Call No. 391 Yeas—108

Afendoulis Farrington Kahle Rabhi

Albert Frederick Kelly Reilly

Alexander Garcia Kesto Rendon

Allor Garrett Kosowski Roberts

Barrett Gay-Dagnogo LaFave Runestad

Bellino Geiss LaGrand Sabo

Bizon Glenn LaSata Santana

Brann Graves Lasinski Scott

Brinks Green Lauwers Sheppard

Byrd Greig Leonard Singh

Calley Greimel Leutheuser Sneller

Cambensy Griffin Liberati Sowerby

Camilleri Guerra Lilly Tedder

Canfield Hammoud Love Theis

Chang Hauck Lower VanderWall

Chatfield Hernandez Lucido VanSingel

Chirkun Hertel Marino Vaupel

Clemente Hoadley Maturen VerHeulen

Cochran Hoitenga McCready Victory

Cole Hornberger Miller Webber

Cox Howell Moss Wentworth

Crawford Howrylak Neeley Whiteford

Dianda Hughes Noble Wittenberg

Durhal Iden Pagan Yancey

Elder Inman Pagel Yanez

Ellison Johnson Peterson Yaroch

Faris Jones Phelps Zemke

Nays—1

Robinson

In The Chair: Chatfield

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 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,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2018 PA 148.

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. Lauwers moved that Senate Bill No. 872 be placed on its immediate passage.

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

Senate Bill No. 872, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5805 (MCL 600.5805), as amended by 2012 PA 582, and by adding section 5851b.

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

Roll Call No. 392 Yeas—99

Afendoulis Frederick Kelly Rendon

Albert Garcia Kesto Roberts

Alexander Garrett Kosowski Runestad

Allor Geiss LaFave Sabo

Barrett Glenn LaGrand Santana

Bellino Graves LaSata Scott

Brann Green Lasinski Sheppard

Brinks Greig Lauwers Singh

Byrd Greimel Leonard Sneller

Calley Griffin Leutheuser Sowerby

Cambensy Guerra Lilly Tedder

Camilleri Hammoud Love Theis

Canfield Hauck Lower VanderWall

Chang Hernandez Lucido VanSingel

Chatfield Hertel Marino Vaupel

Clemente Hoadley Maturen VerHeulen

Cochran Hoitenga McCready Victory

Cole Hornberger Moss Webber

Cox Howell Neeley Wentworth

Crawford Hughes Noble Whiteford

Dianda Iden Pagan Wittenberg

Durhal Inman Pagel Yancey

Ellison Johnson Peterson Yanez

Faris Jones Phelps Yaroch

Farrington Kahle Rabhi

Nays—10

Bizon Gay-Dagnogo Miller Robinson

Chirkun Howrylak Reilly Zemke

Elder Liberati

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 revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; 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.

______

Rep. Miller, 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 would like to notify the clerk for the purpose of logging in the journal my reason for voting against SB 872. I believe there are great dangers in advancing retroactivity standards in our law such as these. As such, I cannot register an affirmative vote on SB 872 as I believe it is the wrong thing to do.”

Rep. Robinson, 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:

assess to justice is limited to a select group, This is fundamentally unfair, possibly, constitutionally infirm.”

Rep. Chirkun, 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 a sad day in the legislature when they don’t treat all people the same way in the state of Michigan, I could not vote in favor of this bill because we are not treating all the residents of Michigan (Juvenile ,and Adults) that have been sexually assaulted IE:( By priests coaches ,teachers, social workers etc.) ,equally as the same rights as the ones involved in the MSU Dr. Nassar scandal.”

Rep. Lauwers moved that House Bill No. 5793 be placed on its immediate passage.

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

House Bill No. 5793, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16279 and 16279a.

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

Roll Call No. 393 Yeas—108

Afendoulis Farrington Kahle Rabhi

Albert Frederick Kelly Reilly

Alexander Garcia Kesto Rendon

Allor Garrett Kosowski Roberts

Barrett Gay-Dagnogo LaFave Runestad

Bellino Geiss LaGrand Sabo

Bizon Glenn LaSata Santana

Brann Graves Lasinski Scott

Brinks Green Lauwers Sheppard

Byrd Greig Leonard Singh

Calley Greimel Leutheuser Sneller

Cambensy Griffin Liberati Sowerby

Camilleri Guerra Lilly Tedder

Canfield Hammoud Love Theis

Chang Hauck Lower VanderWall

Chatfield Hernandez Lucido VanSingel

Chirkun Hertel Marino Vaupel

Clemente Hoadley Maturen VerHeulen

Cochran Hoitenga McCready Victory

Cole Hornberger Miller Webber

Cox Howell Moss Wentworth

Crawford Howrylak Neeley Whiteford

Dianda Hughes Noble Wittenberg

Durhal Iden Pagan Yancey

Elder Inman Pagel Yanez

Ellison Johnson Peterson Yaroch

Faris Jones Phelps Zemke

Nays—1

Robinson

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 Bill No. 5783 be placed on its immediate passage.

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

House Bill No. 5783, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16213, 16299, 20175, 20175a, and 20199 (MCL 333.16213, 333.16299, 333.20175, 333.20175a, and 333.20199), sections 16213 and 20175a as added and section 20175 as amended by 2006 PA 481 and section 16299 as amended by 2012 PA 499, and by adding sections 16213a, 17023, 17523, and 20175b.

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

Roll Call No. 394 Yeas—108

Afendoulis Farrington Kahle Rabhi

Albert Frederick Kelly Reilly

Alexander Garcia Kesto Rendon

Allor Garrett Kosowski Roberts

Barrett Gay-Dagnogo LaFave Runestad

Bellino Geiss LaGrand Sabo

Bizon Glenn LaSata Santana

Brann Graves Lasinski Scott

Brinks Green Lauwers Sheppard

Byrd Greig Leonard Singh

Calley Greimel Leutheuser Sneller

Cambensy Griffin Liberati Sowerby

Camilleri Guerra Lilly Tedder

Canfield Hammoud Love Theis

Chang Hauck Lower VanderWall

Chatfield Hernandez Lucido VanSingel

Chirkun Hertel Marino Vaupel

Clemente Hoadley Maturen VerHeulen

Cochran Hoitenga McCready Victory

Cole Hornberger Miller Webber

Cox Howell Moss Wentworth

Crawford Howrylak Neeley Whiteford

Dianda Hughes Noble Wittenberg

Durhal Iden Pagan Yancey

Elder Inman Pagel Yanez

Ellison Johnson Peterson Yaroch

Faris Jones Phelps Zemke

Nays—1

Robinson

In The Chair: Chatfield

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 1978 PA 368, entitled “Public health code,” by amending sections 16213, 16299, 20175, 20175a, and 20199 (MCL 333.16213, 333.16299, 333.20175, 333.20175a, and 333.20199), sections 16213 and 20175a as added and section 20175 as amended by 2006 PA 481 and section 16299 as amended by 2012 PA 499, and by adding sections 16213a, 16429, 17029, 17529, 17829, 17909, and 20175b.

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.

______

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

Rep. Lauwers moved that House Bill No. 5784 be placed on its immediate passage.

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

House Bill No. 5784, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2016 PA 547.

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

Roll Call No. 395 Yeas—108

Afendoulis Farrington Kahle Rabhi

Albert Frederick Kelly Reilly

Alexander Garcia Kesto Rendon

Allor Garrett Kosowski Roberts

Barrett Gay-Dagnogo LaFave Runestad

Bellino Geiss LaGrand Sabo

Bizon Glenn LaSata Santana

Brann Graves Lasinski Scott

Brinks Green Lauwers Sheppard

Byrd Greig Leonard Singh

Calley Greimel Leutheuser Sneller

Cambensy Griffin Liberati Sowerby

Camilleri Guerra Lilly Tedder

Canfield Hammoud Love Theis

Chang Hauck Lower VanderWall

Chatfield Hernandez Lucido VanSingel

Chirkun Hertel Marino Vaupel

Clemente Hoadley Maturen VerHeulen

Cochran Hoitenga McCready Victory

Cole Hornberger Miller Webber

Cox Howell Moss Wentworth

Crawford Howrylak Neeley Whiteford

Dianda Hughes Noble Wittenberg

Durhal Iden Pagan Yancey

Elder Inman Pagel Yanez

Ellison Johnson Peterson Yaroch

Faris Jones Phelps Zemke

Nays—1

Robinson

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.

Rep. Lauwers moved that House Bill No. 5787 be placed on its immediate passage.

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

House Bill No. 5787, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 90 (MCL 750.90).

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

Roll Call No. 396 Yeas—108

Afendoulis Farrington Kahle Rabhi

Albert Frederick Kelly Reilly

Alexander Garcia Kesto Rendon

Allor Garrett Kosowski Roberts

Barrett Gay-Dagnogo LaFave Runestad

Bellino Geiss LaGrand Sabo

Bizon Glenn LaSata Santana

Brann Graves Lasinski Scott

Brinks Green Lauwers Sheppard

Byrd Greig Leonard Singh

Calley Greimel Leutheuser Sneller

Cambensy Griffin Liberati Sowerby

Camilleri Guerra Lilly Tedder

Canfield Hammoud Love Theis

Chang Hauck Lower VanderWall

Chatfield Hernandez Lucido VanSingel

Chirkun Hertel Marino Vaupel

Clemente Hoadley Maturen VerHeulen

Cochran Hoitenga McCready Victory

Cole Hornberger Miller Webber

Cox Howell Moss Wentworth

Crawford Howrylak Neeley Whiteford

Dianda Hughes Noble Wittenberg

Durhal Iden Pagan Yancey

Elder Inman Pagel Yanez

Ellison Johnson Peterson Yaroch

Faris Jones Phelps Zemke

Nays—1

Robinson

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.

Rep. Lauwers moved that House Bill No. 5788 be placed on its immediate passage.

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

House Bill No. 5788, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.

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

Roll Call No. 397 Yeas—108

Afendoulis Farrington Kahle Rabhi

Albert Frederick Kelly Reilly

Alexander Garcia Kesto Rendon

Allor Garrett Kosowski Roberts

Barrett Gay-Dagnogo LaFave Runestad

Bellino Geiss LaGrand Sabo

Bizon Glenn LaSata Santana

Brann Graves Lasinski Scott

Brinks Green Lauwers Sheppard

Byrd Greig Leonard Singh

Calley Greimel Leutheuser Sneller

Cambensy Griffin Liberati Sowerby

Camilleri Guerra Lilly Tedder

Canfield Hammoud Love Theis

Chang Hauck Lower VanderWall

Chatfield Hernandez Lucido VanSingel

Chirkun Hertel Marino Vaupel

Clemente Hoadley Maturen VerHeulen

Cochran Hoitenga McCready Victory

Cole Hornberger Miller Webber

Cox Howell Moss Wentworth

Crawford Howrylak Neeley Whiteford

Dianda Hughes Noble Wittenberg

Durhal Iden Pagan Yancey

Elder Inman Pagel Yanez

Ellison Johnson Peterson Yaroch

Faris Jones Phelps Zemke

Nays—1

Robinson

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.

Rep. Lauwers moved that House Bill No. 5789 be placed on its immediate passage.

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

House Bill No. 5789, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16221 (MCL 333.16221), as amended by 2017 PA 249.

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

Roll Call No. 398 Yeas—108

Afendoulis Farrington Kahle Rabhi

Albert Frederick Kelly Reilly

Alexander Garcia Kesto Rendon

Allor Garrett Kosowski Roberts

Barrett Gay-Dagnogo LaFave Runestad

Bellino Geiss LaGrand Sabo

Bizon Glenn LaSata Santana

Brann Graves Lasinski Scott

Brinks Green Lauwers Sheppard

Byrd Greig Leonard Singh

Calley Greimel Leutheuser Sneller

Cambensy Griffin Liberati Sowerby

Camilleri Guerra Lilly Tedder

Canfield Hammoud Love Theis

Chang Hauck Lower VanderWall

Chatfield Hernandez Lucido VanSingel

Chirkun Hertel Marino Vaupel

Clemente Hoadley Maturen VerHeulen

Cochran Hoitenga McCready Victory

Cole Hornberger Miller Webber

Cox Howell Moss Wentworth

Crawford Howrylak Neeley Whiteford

Dianda Hughes Noble Wittenberg

Durhal Iden Pagan Yancey

Elder Inman Pagel Yanez

Ellison Johnson Peterson Yaroch

Faris Jones Phelps Zemke

Nays—1

Robinson

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.

Rep. Lauwers moved that House Bill No. 5790 be placed on its immediate passage.

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

House Bill No. 5790, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16226 (MCL 333.16226), as amended by 2017 PA 249.

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

Roll Call No. 399 Yeas—108

Afendoulis Farrington Kahle Rabhi

Albert Frederick Kelly Reilly

Alexander Garcia Kesto Rendon

Allor Garrett Kosowski Roberts

Barrett Gay-Dagnogo LaFave Runestad

Bellino Geiss LaGrand Sabo

Bizon Glenn LaSata Santana

Brann Graves Lasinski Scott

Brinks Green Lauwers Sheppard

Byrd Greig Leonard Singh

Calley Greimel Leutheuser Sneller

Cambensy Griffin Liberati Sowerby

Camilleri Guerra Lilly Tedder

Canfield Hammoud Love Theis

Chang Hauck Lower VanderWall

Chatfield Hernandez Lucido VanSingel

Chirkun Hertel Marino Vaupel

Clemente Hoadley Maturen VerHeulen

Cochran Hoitenga McCready Victory

Cole Hornberger Miller Webber

Cox Howell Moss Wentworth

Crawford Howrylak Neeley Whiteford

Dianda Hughes Noble Wittenberg

Durhal Iden Pagan Yancey

Elder Inman Pagel Yanez

Ellison Johnson Peterson Yaroch

Faris Jones Phelps Zemke

Nays—1

Robinson

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.

Rep. Lauwers moved that House Bill No. 5794 be placed on its immediate passage.

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

House Bill No. 5794, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145g.

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

Roll Call No. 400 Yeas—106

Afendoulis Farrington Kesto Reilly

Albert Frederick Kosowski Rendon

Alexander Garcia LaFave Roberts

Allor Garrett LaGrand Runestad

Barrett Geiss LaSata Sabo

Bellino Glenn Lasinski Santana

Bizon Graves Lauwers Scott

Brann Green Leonard Sheppard

Brinks Greig Leutheuser Singh

Byrd Greimel Liberati Sneller

Calley Griffin Lilly Sowerby

Cambensy Guerra Love Tedder

Camilleri Hammoud Lower Theis

Canfield Hauck Lucido VanderWall

Chang Hernandez Marino VanSingel

Chatfield Hertel Maturen Vaupel

Chirkun Hoadley McCready VerHeulen

Clemente Hoitenga Miller Victory

Cochran Hornberger Moss Webber

Cole Howell Neeley Wentworth

Cox Hughes Noble Whiteford

Crawford Iden Pagan Wittenberg

Dianda Inman Pagel Yancey

Durhal Johnson Peterson Yanez

Elder Jones Phelps Yaroch

Ellison Kahle Rabhi Zemke

Faris Kelly

Nays—3

Gay-Dagnogo Howrylak Robinson

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.

______

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:

The sentencing guidelines in this bill should have been reviewed by the Michigan Criminal Justice Policy Commission. It is critical, for the administration of justice in this state, that criminal penalties be based on measurable and verified data, with input from individuals directly involved with criminal justice issues. Such a body is already in existence with the Criminal Justice Policy Commission. It is a shame that this body’s knowledge and expertise is not used to the full extent of its abilities in this regards. The advice of that body, when it comes to sentencing guidelines, would be extremely helpful and very beneficial to the people of our state.

Furthermore, when it comes to mandatory minimum sentences, the need for such analysis is critically more important. In general, though, it is best to allow the courts to determine the ultimate sentence, within the guidelines of statute, based on the facts of the case determined at trial.”

Rep. Lauwers moved that House Bill No. 5660 be placed on its immediate passage.

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

House Bill No. 5660, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145c (MCL 750.145c), as amended by 2012 PA 583.

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

Roll Call No. 401 Yeas—107

Afendoulis Farrington Kelly Reilly

Albert Frederick Kesto Rendon

Alexander Garcia Kosowski Roberts

Allor Garrett LaFave Runestad

Barrett Gay-Dagnogo LaGrand Sabo

Bellino Geiss LaSata Santana

Bizon Glenn Lasinski Scott

Brann Graves Lauwers Sheppard

Brinks Green Leonard Singh

Byrd Greig Leutheuser Sneller

Calley Greimel Liberati Sowerby

Cambensy Griffin Lilly Tedder

Camilleri Guerra Love Theis

Canfield Hammoud Lower VanderWall

Chang Hauck Lucido VanSingel

Chatfield Hernandez Marino Vaupel

Chirkun Hertel Maturen VerHeulen

Clemente Hoadley McCready Victory

Cochran Hoitenga Miller Webber

Cole Hornberger Moss Wentworth

Cox Howell Neeley Whiteford

Crawford Hughes Noble Wittenberg

Dianda Iden Pagan Yancey

Durhal Inman Pagel Yanez

Elder Johnson Peterson Yaroch

Ellison Jones Phelps Zemke

Faris Kahle Rabhi

Nays—2

Howrylak Robinson

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.

______

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:

The sentencing guidelines in this bill should have been reviewed by the Michigan Criminal Justice Policy Commission. It is critical, for the administration of justice in this state, that criminal penalties be based on measurable and verified data, with input from individuals directly involved with criminal justice issues. Such a body is already in existence with the Criminal Justice Policy Commission. It is a shame that this body’s knowledge and expertise is not used to the full extent of its abilities in this regards. The advice of that body, when it comes to sentencing guidelines, would be extremely helpful and very beneficial to the people of our state.”

Rep. Lauwers moved that House Bill No. 5661 be placed on its immediate passage.

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

House Bill No. 5661, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2017 PA 74.

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

Roll Call No. 402 Yeas—107

Afendoulis Farrington Kelly Reilly

Albert Frederick Kesto Rendon

Alexander Garcia Kosowski Roberts

Allor Garrett LaFave Runestad

Barrett Gay-Dagnogo LaGrand Sabo

Bellino Geiss LaSata Santana

Bizon Glenn Lasinski Scott

Brann Graves Lauwers Sheppard

Brinks Green Leonard Singh

Byrd Greig Leutheuser Sneller

Calley Greimel Liberati Sowerby

Cambensy Griffin Lilly Tedder

Camilleri Guerra Love Theis

Canfield Hammoud Lower VanderWall

Chang Hauck Lucido VanSingel

Chatfield Hernandez Marino Vaupel

Chirkun Hertel Maturen VerHeulen

Clemente Hoadley McCready Victory

Cochran Hoitenga Miller Webber

Cole Hornberger Moss Wentworth

Cox Howell Neeley Whiteford

Crawford Hughes Noble Wittenberg

Dianda Iden Pagan Yancey

Durhal Inman Pagel Yanez

Elder Johnson Peterson Yaroch

Ellison Jones Phelps Zemke

Faris Kahle Rabhi

Nays—2

Howrylak Robinson

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.

______

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:

The sentencing guidelines in this bill should have been reviewed by the Michigan Criminal Justice Policy Commission. It is critical, for the administration of justice in this state, that criminal penalties be based on measurable and verified data, with input from individuals directly involved with criminal justice issues. Such a body is already in existence with the Criminal Justice Policy Commission. It is a shame that this body’s knowledge and expertise is not used to the full extent of its abilities in this regards. The advice of that body, when it comes to sentencing guidelines, would be extremely helpful and very beneficial to the people of our state.”

Rep. Lauwers moved that House Bill No. 5537 be placed on its immediate passage.

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

House Bill No. 5537, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 483a (MCL 750.483a), as added by 2000 PA 451.

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

Roll Call No. 403 Yeas—107

Afendoulis Farrington Kahle Rabhi

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—2

Reilly Robinson

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.

Rep. Lauwers moved that House Bill No. 5982 be placed on its immediate passage.

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

House Bill No. 5982, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 478b.

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

Roll Call No. 404 Yeas—107

Afendoulis Farrington Kahle Rabhi

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—2

Reilly Robinson

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.

Rep. Lauwers moved that House Bill No. 5658 be placed on its immediate passage.

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

House Bill No. 5658, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 27b of chapter VIII (MCL 768.27b), as added by 2006 PA 78.

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

Roll Call No. 405 Yeas—104

Afendoulis Faris Jones Rabhi

Albert Farrington Kahle Reilly

Alexander Frederick Kelly Rendon

Allor Garcia Kesto Roberts

Barrett Garrett Kosowski Sabo

Bellino Gay-Dagnogo LaFave Santana

Bizon Geiss LaGrand Scott

Brann Glenn LaSata Sheppard

Brinks Graves Lasinski Singh

Byrd Green Lauwers Sneller

Calley Greig Leonard Sowerby

Cambensy Greimel Leutheuser Tedder

Camilleri Griffin Lilly Theis

Canfield Guerra Love VanderWall

Chang Hammoud Lucido VanSingel

Chatfield Hauck Marino Vaupel

Chirkun Hernandez Maturen VerHeulen

Clemente Hertel McCready Victory

Cochran Hoadley Miller Webber

Cole Hoitenga Moss Wentworth

Cox Hornberger Neeley Whiteford

Crawford Howell Noble Wittenberg

Dianda Hughes Pagan Yancey

Durhal Iden Pagel Yanez

Elder Inman Peterson Yaroch

Ellison Johnson Phelps Zemke

Nays—5

Howrylak Lower Robinson Runestad

Liberati

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.

______

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:

In the cause of justice, Michigan Rule of Evidence 403 is currently in practice. This court rule allows the Court to determine that the probative vale of the evidence outweighs the danger of unfair prejudice, confusion of the issues or misleading the jury. The legislature should leave the courts to craft and administer their own rules and not seek to interfere with the independence of the courts.”

Rep. Lauwers moved that House Bill No. 5798 be placed on its immediate passage.

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

House Bill No. 5798, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 2, 31, and 61 (MCL 780.752, 780.781, and 780.811), section 2 as amended by 2014 PA 133, section 31 as amended by 2014 PA 134, and section 61 as amended by 2014 PA 130.

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

Roll Call No. 406 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.

Rep. Lauwers moved that House Bill No. 5791 be placed on its immediate passage.

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

House Bill No. 5791, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1508 and 1526b.

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

Roll Call No. 407 Yeas—103

Afendoulis Faris Kahle Rabhi

Albert Farrington Kelly Rendon

Alexander Frederick Kesto Roberts

Allor Garcia Kosowski Sabo

Barrett Garrett LaFave Santana