No. 35

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2018

House Chamber, Lansing, Thursday, April 12, 2018.

12:00 Noon.

The House was called to order by Associate Speaker Pro Tempore Tedder.

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—excused

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

Rabbi Steven Rubenstein, Rabbi of Congregation Beth Ahm in West Bloomfield, offered the following invocation:

“On the holiday of Passover, which ended this past Saturday, the Jewish people celebrated our path from Egyptian slavery to freedom, from darkness to light.

One might think that the road out of Egypt led to a life free of care and free of responsibility. A life without Pharaoh could be a life dedicated to doing as we see fit, a life of serving our own needs.

But the Torah teaches us in the Book of Exodus that this was never God’s plan. God tells Moses that when the Israelites are free they shall serve God; they shall serve God at the mountain where Moses first hears God’s call; and then they shall serve God wherever they go.

The Children of Israel were brought out of servitude, a lowly and belittling servitude, to a human king. They were brought out for the purpose of another servitude—service to God and to humanity.

As it says in the Book of Deuteronomy, What does the Lord your God demand of you? Only this: to revere the Lord your God, to walk only in His paths, to love Him, and to serve the Lord your God with all your heart and soul.

God expects a great deal from us. The focus of our service however does not flow only from us to God. God asks us to serve our fellow woman and fellow man. God expects us to care for our families, to raise our children, to care for the poor and the needy.

To serve God is to see the world beyond ourselves and to reject the spiritual blindness of narcissism which tugs at us; which tells us that to be free is to be free of responsibility.

In fact, to be free is to be free to serve; to serve God and to serve the people in our communities.

And so it gives me joy to be able to offer these words on a day that the late Maxine Berman, her memory is a blessing to us all, is to be honored here in the State House. Throughout her life and especially when she served in this chamber, Maxine Berman knew what it meant to serve her community, her constituents, her state, and her nation.

Therefore, I ask that the Holy Blessed One to bless the members of the Michigan House of Representatives with the spirit of service and may their deliberations today be for the good of all the citizens of the state of Michigan.”

______

The Speaker assumed the Chair.

______

Rep. Greig moved that Rep. Robinson be excused from today’s session.

The motion prevailed.

Motions and Resolutions

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 302.

A resolution of tribute offered as a memorial for Maxine L. Berman, former member of the House of Representatives.

Whereas, The members of this legislative body were saddened to learn of the passing of former Representative Maxine L. Berman. A fierce advocate for women’s rights and other social justice issues, she represented the people of Southfield and Lathrup Village with intelligence and integrity for fourteen years in the Michigan House of Representatives; and

Whereas, A native of the Detroit area, Maxine Berman began her career as a high school English teacher following her graduation from the University of Michigan. She became active in local political groups, working on a number of campaigns, before she ran for state office herself. In 1982, she was elected for the first time to the Michigan House of Representatives; and

Whereas, Over the next fourteen years, Maxine Berman was a strong and respected leader for what she believed was best for the people of Michigan. Outspoken, compassionate, and witty, she proudly fought for women’s health rights, ensuring women with breast cancer were informed of their treatment options and received appropriate care. Early in her legislative career, she served as chair of the Elections Committee and on numerous other committees before moving to the Appropriations Committee. As a member of that committee and the Michigan House Bipartisan Team, she helped craft Michigan’s current educational funding system; and

Whereas, Maxine Berman remained an active force in Michigan politics and women’s issues after her retirement from the House of Representatives. She founded her own political consulting firm, Capitol Strategies, Inc., and the Women’s Health Network of Michigan. She served as Director of Special Projects under former Governor Jennifer Granholm and would become the first woman selected as the Griffin Endowed Chair in American Government at Central Michigan University. In 2015, she was inducted to the Michigan Women’s Hall of Fame; and

Whereas, Maxine Berman will be remembered as a woman who made a difference. Whether within the walls of this chamber, the sanctuary of her synagogue, or the classrooms in which she taught, Maxine Berman touched the lives of many for the better; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Maxine L. Berman, a member of this legislative body from 1983 to 1996; and be it further

Resolved, That copies of this resolution be transmitted to the Berman family as evidence of our lasting esteem for her memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

______

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

Reps. Cambensy, Dianda, Chirkun, Hertel, LaFave, Elder, Gay-Dagnogo, Clemente, Ellison, Hammoud, Kelly, Love and Sneller offered the following resolution:

House Resolution No. 303.

A resolution to endorse continued investment in Michigan’s Upper Peninsula by Cleveland-Cliffs Inc. and to encourage a partnership between the state of Michigan and Cleveland-Cliffs to support Cliffs’ reinvestment in the Empire Mine in Richmond Township.

Whereas, Cleveland-Cliffs Inc. has a long and storied history in the state of Michigan. The company’s first iron ore mine was founded in this state, and for more than 170 years, Cliffs has been contributing hundreds of millions of dollars annually to local and state economies. The low-grade iron ore mines operated by Cleveland-Cliffs in Marquette County are the lifeblood of many area residents, and manufacturers throughout the state and nation rely on the steel produced from Cliffs’ iron ore pellets; and

Whereas, Closing or idling a mining operation has a significant impact to rural communities. At the height of mining in the Upper Peninsula in 1917, mines employed more than 20,000 people in the three major iron and copper ranges. When Cleveland-Cliffs’ Republic Mine idled in 1983, it displaced 750 employees and did not reopen. In 1980, the company employed 4,000 people in Marquette County, a number that dropped to 2,000 in the 1990s and continued to dwindle to approximately 1,000 after the Empire Mine idled in 2016. For a short time in 1982, the unemployment rate in Marquette County hit a peak of 29.7 percent, due to the recession, steel industry consolidation, and mining job losses; and

Whereas, The continued idling of Cleveland-Cliffs’ Empire Mine would have a significant impact on the economy and local employment opportunities. A recent estimate projected that the impact of idling the mine is approximately $200 million annually in total lost economic activity, which will continue if the mine is permanently closed. The indefinite idle of the Empire Mine impacted approximately 300 jobs; and

Whereas, The continued operation of Cleveland-Cliffs’ Empire Mine is beneficial to the company and our state. As the company evaluates the next generation of mining investments, the Empire Mine is ideal for long-term success. The Empire Mine can be a productive mine for years to come, capitalizing on existing assets and infrastructure and supporting responsible stewardship of the environment. As the need for domestic steel and metal products grows, the company stands to benefit from the renewed statewide and national commitment to upgrade America’s infrastructure; now, therefore, be it

Resolved by the House of Representatives, That we endorse continued investment in Michigan’s Upper Peninsula by Cleveland-Cliffs Inc. and encourage a partnership between the state of Michigan and Cleveland-Cliffs to support Cliffs’ reinvestment in the Empire Mine in Richmond Township; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, the members of the Michigan congressional delegation, the members of the Marquette County Board of Commissioners, the members of the Tilden Township Board of Supervisors, the members of the Richmond Township Board of Supervisors, the Board of Directors of the Upper Peninsula Commission for Area Progress, and Mr. Lourenco Goncalves, Chairman, President, and CEO of Cleveland-Cliffs Inc. in Cleveland, Ohio.

The resolution was referred to the Committee on Commerce and Trade.

Reps. Hammoud, Wittenberg, Santana, Clemente, Moss, Cambensy, Cochran, LaGrand, Zemke, Liberati, Gay-Dagnogo, Yanez, Green, Robinson, Jones, Chang, Ellison, Kelly, Rabhi and Sneller offered the following resolution:

House Resolution No. 304.

A resolution to urge the United States government to publicly and formally call for a solution to Yemen’s current crisis, condemn the fighting and war crimes, and recognize the suffering of the Yemeni people and their need for humanitarian aid.

Whereas, Rooted in political issues dating years back, factions in the Republic of Yemen have been in conflict since early 2015. The United Nations has marked this crisis as comparable to those in Iraq, Syria, and South Sudan, highlighting the severity of the suffering; and

Whereas, The Yemeni conflict has devastated the lives of many people. There have been more than 10,000 civilian casualties, numerous human rights violations, and several war crimes. Over 20 million civilians are in need of humanitarian assistance, and around 8 million are experiencing severe food insecurity. Extreme health issues, including a significant cholera outbreak and famine, have also gripped Yemen. Moreover, masses of people have been forced to relocate within the country or leave altogether as refugees. There are more than 2 million internally displaced Yemenis; and

Whereas, Vital resources, including food, water, medical supplies, and other humanitarian aid, have been blocked by warring parties in Yemen. People are starving, suffering, and dying because of the blockades. For instance, many people with cholera, which is treatable with antibiotics and IV fluids, are not receiving treatment because of a lack of supplies. The ports, where desperately needed resources enter the country, are not fully open and operational, limiting the flow of imports coming from many commercial and aid organizations; and

Whereas, Some actions have been undertaken to stem the Yemeni conflict, but further efforts are necessary. In 2016, the United Nations Special Envoy of the Secretary General for Yemen, Ismail Ould Cheikh Ahmed, facilitated a temporary cessation of hostilities. His moves to help find a solution to the conflict show immense promise. The United Nations Security Council continues to urge all parties to reduce violence, minimize civilian casualties, and immediately stop blatant violations of human rights; and

Whereas, World leaders, like the United States, have a moral imperative to work toward an end to the Yemeni conflict and help the country’s people beleaguered by the crisis. The United States has the influence to broker a ceasefire and peace negotiations. It has the resources to ensure people in Yemen receive adequate aid as well; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States government to publicly and formally call for a solution to Yemen’s current crisis, condemn the fighting and war crimes, and recognize the suffering of the Yemeni people and their need for humanitarian aid; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the United States Secretary of State, 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 Military and Veterans Affairs.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 264.

A resolution to honor the memory of Elizabeth Denison Forth.

(For text of resolution, see House Journal No. 26, p. 440.)

(The resolution was reported by the Committee on Commerce and Trade on April 10, with substitute (H-1).)

(For substitute, see House Journal No. 33, p. 599.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

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

The question being on the adoption of the resolution,

The resolution was adopted.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4562, entitled

A bill to amend 2012 PA 193, entitled “Agricultural disaster loan origination program act of 2012,” by amending sections 2, 3, 4, and 5 (MCL 286.422, 286.423, 286.424, and 286.425); and to repeal acts and parts of acts.

(The bill was received from the Senate on March 22, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 10, see House Journal No. 32, p. 586.)

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

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

Roll Call No. 219 Yeas—97

Afendoulis Ellison Jones Peterson

Albert Faris Kahle Phelps

Alexander Farrington Kelly Rabhi

Allor Frederick Kesto Reilly

Barrett Garcia Kosowski Rendon

Bellino Gay-Dagnogo LaFave Roberts

Bizon Glenn LaGrand Runestad

Brann Graves LaSata Sabo

Brinks Greig Lasinski Scott

Byrd Greimel Lauwers Sheppard

Calley Griffin Leonard Singh

Cambensy Guerra Leutheuser Sneller

Camilleri Hauck Lilly Tedder

Canfield Hernandez Lower Theis

Chang Hertel Lucido VanderWall

Chatfield Hoadley Marino VanSingel

Chirkun Hoitenga Maturen Vaupel

Clemente Hornberger McCready VerHeulen

Cochran Howell Miller Victory

Cole Howrylak Moss Webber

Cox Hughes Neeley Wentworth

Crawford Iden Noble Whiteford

Dianda Inman Pagan Yaroch

Durhal Johnson Pagel Zemke

Elder

Nays—11

Garrett Hammoud Santana Yancey

Geiss Liberati Sowerby Yanez

Green Love Wittenberg

In The Chair: Tedder

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 4563, entitled

A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 2a (MCL 21.142a), as amended by 2007 PA 176.

(The bill was received from the Senate on March 22, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 10, see House Journal No. 32, p. 586.)

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

Rep. Hoadley moved to substitute (H-1) the Senate substitute (S-1).

The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

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

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

Roll Call No. 220 Yeas—91

Afendoulis Elder Johnson Phelps

Albert Ellison Kahle Reilly

Alexander Faris Kelly Rendon

Allor Farrington Kesto Roberts

Barrett Frederick LaFave Runestad

Bellino Garcia LaGrand Sabo

Bizon Gay-Dagnogo LaSata Scott

Brann Glenn Lasinski Sheppard

Brinks Graves Lauwers Singh

Byrd Greig Leonard Sneller

Calley Greimel Leutheuser Tedder

Cambensy Griffin Lilly Theis

Camilleri Guerra Lower VanderWall

Canfield Hauck Lucido VanSingel

Chatfield Hernandez Marino Vaupel

Chirkun Hertel Maturen VerHeulen

Clemente Hoitenga McCready Victory

Cochran Hornberger Miller Webber

Cole Howell Moss Wentworth

Cox Howrylak Neeley Whiteford

Crawford Hughes Noble Yaroch

Dianda Iden Pagel Zemke

Durhal Inman Peterson

Nays—17

Chang Hoadley Love Sowerby

Garrett Jones Pagan Wittenberg

Geiss Kosowski Rabhi Yancey

Green Liberati Santana Yanez

Hammoud

In The Chair: Tedder

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

Third Reading of Bills

Senate Bill No. 810, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 9940 and 9941 (MCL 600.9940 and 600.9941), section 9940 as amended by 1982 PA 40 and section 9941 as amended by 1981 PA 146.

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

Roll Call No. 221 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—0

In The Chair: Tedder

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 1961 PA 236, entitled “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,” by amending section 9940 (MCL 600.9940), as amended by 1982 PA 40.

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.

Senate Bill No. 811, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1811 (MCL 380.1811).

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

Roll Call No. 222 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—0

In The Chair: Tedder

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

“An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; 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.

Senate Bill No. 812, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 794b (MCL 168.794b), as amended by 1990 PA 109, and by adding sections 37a, 37b, and 765a; and to repeal acts and parts of acts.

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

Roll Call No. 223 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—0

In The Chair: Tedder

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

“An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”

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.

Senate Bill No. 813, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as amended by 2012 PA 278.

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

Roll Call No. 224 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—0

In The Chair: Tedder

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

“An act to 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,”

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.

Senate Bill No. 814, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 491, 492, 492a, 495, 497, 498, 500a, 500d, 500i, 501, 502, 503, 505, 506, 507a, 509o, 509p, 509r, 514, 516, 519, 520, and 521 (MCL 168.491, 168.492, 168.492a, 168.495, 168.497, 168.498, 168.500a, 168.500d, 168.500i, 168.501, 168.502, 168.503, 168.505, 168.506, 168.507a, 168.509o, 168.509p, 168.509r, 168.514, 168.516, 168.519, 168.520, and 168.521), sections 491, 497, and 507a as amended by 1989 PA 142, section 492 as amended by 2010 PA 253, sections 495 and 500a as amended by 1995 PA 87, section 498 as amended by 2005 PA 71, section 501 as amended by 2014 PA 79, section 505 as amended by 2003 PA 302, sections 509o and 509p as added by 1994 PA 441, section 509r as amended by 2012 PA 270, and section 514 as amended by 2012 PA 271; and to repeal acts and parts of acts.

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

Roll Call No. 225 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—0

In The Chair: Tedder

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

The House agreed to the full title.

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

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

House Bill No. 4971, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 19 of chapter XVI (MCL 776.19).

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

Roll Call No. 226 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—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.

House Bill No. 4891, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 539g (MCL 750.539g), as amended by 1993 PA 227.

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

Roll Call No. 227 Yeas—105

Afendoulis Garcia Kelly Reilly

Albert Garrett Kesto Rendon

Alexander Gay-Dagnogo Kosowski Roberts

Allor Geiss LaFave Runestad

Barrett Glenn LaGrand Sabo

Bellino Graves LaSata Santana

Bizon Green Lasinski Scott

Brann Greig Lauwers Sheppard

Brinks Greimel Leonard Singh

Byrd Griffin Leutheuser Sneller

Calley Guerra Liberati Sowerby

Cambensy Hammoud Lilly Tedder

Camilleri Hauck Love Theis

Canfield Hernandez Lower VanderWall

Chang Hertel Lucido VanSingel

Chatfield Hoadley Marino Vaupel

Chirkun Hoitenga Maturen VerHeulen

Clemente Hornberger McCready Victory

Cole Howell Miller Webber

Cox Howrylak Moss Wentworth

Crawford Hughes Neeley Whiteford

Dianda Iden Noble Wittenberg

Durhal Inman Pagan Yancey

Elder Johnson Pagel Yanez

Ellison Jones Peterson Yaroch

Faris Kahle Phelps Zemke

Frederick

Nays—3

Cochran Farrington Rabhi

In The Chair: Tedder

The House agreed to the title of the bill.

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

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

Second Reading of Bills

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.

The bill was read a second time.

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

The motion prevailed.

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 second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources,

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

Rep. Johnson moved to amend the bill as follows:

1. Amend page 4, line 20, by striking out “the”.

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

Rep. LaFave moved to amend the bill as follows:

1. Amend page 6, line 4, after “(9)” by striking out “UNTIL APRIL 1, 2022, THE” and inserting “THE”.

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

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

The motion prevailed.

House Bill No. 4115, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4o (MCL 205.54o), as amended by 2004 PA 173.

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

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

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

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, April 11:

House Bill Nos. 5779 5780 5781 5782

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

Senate Bill Nos. 933 934 935 936 937 938 939 940 941 942

The Clerk announced that the following Senate bills had been received on Thursday, April 12:

Senate Bill Nos. 741 757 758

Reports of Standing Committees

The Committee on Financial Services, by Rep. Farrington, Chair, reported

House Bill No. 5181, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 252a, 252f, and 252g (MCL 257.252a, 257.252f, and 257.252g), section 252a as amended by 2015 PA 48, section 252f as amended by 2008 PA 539, and section 252g as amended by 2012 PA 498.

With the recommendation that the substitute (H-3) 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. Farrington, Graves, McCready, Lilly, VanderWall, Gay-Dagnogo, Zemke, Clemente and Green

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 11, 2018

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

The Committee on Elections and Ethics, by Rep. Miller, Chair, reported

Senate Bill No. 425, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 509ii.

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. Miller, Calley, Kesto, Garcia, Webber, Lilly, Guerra, Zemke and Moss

Nays: None

The Committee on Elections and Ethics, by Rep. Miller, Chair, reported

Senate Bill No. 426, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509m (MCL 168.509m), as amended by 2005 PA 71.

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. Miller, Calley, Kesto, Garcia, Webber, Lilly, Guerra, Zemke and Moss

Nays: None

The Committee on Elections and Ethics, by Rep. Miller, Chair, reported

Senate Bill No. 427, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509v (MCL 168.509v), as added by 1994 PA 441.

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. Miller, Calley, Kesto, Garcia, Webber, Lilly, Guerra, Zemke and Moss

Nays: None

The Committee on Elections and Ethics, by Rep. Miller, Chair, reported

Senate Bill No. 428, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509t (MCL 168.509t), as amended by 2004 PA 92.

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. Miller, Calley, Kesto, Garcia, Webber, Lilly, Guerra, Zemke and Moss

Nays: None

The Committee on Elections and Ethics, by Rep. Miller, Chair, reported

Senate Bill No. 429, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509x (MCL 168.509x), as added by 1994 PA 441.

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. Miller, Calley, Kesto, Garcia, Webber, Lilly, Guerra, Zemke and Moss

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Miller, Chair, of the Committee on Elections and Ethics, was received and read:

Meeting held on: Thursday, April 12, 2018

Present: Reps. Miller, Calley, Kesto, Garcia, Webber, Lilly, Guerra, Zemke and Moss

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 12, 2018

Present: Reps. Graves, Howrylak, Iden, Johnson, Hertel and Chirkun

Messages from the Senate

House Bill No. 4561, entitled

A bill to amend 1933 PA 167, entitled “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,” by amending section 4a (MCL 205.54a), as amended by 2017 PA 219.

The Senate has concurred in the House substitute (H-6) to the Senate substitute (S-2).

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

House Bill No. 4564, entitled

A bill to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 4 (MCL 205.94), as amended by 2017 PA 218.

The Senate has concurred in the House substitute (H-6) to the Senate substitute (S-2).

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

House Bill No. 5001, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 50507, 50703, 50706, and 51101 (MCL 324.50507, 324.50703, 324.50706, and 324.51101), section 50507 as amended by 2016 PA 248, sections 50703 and 50706 as added by 1995 PA 57, and section 51101 as amended by 2006 PA 383, and by adding part 535; and to repeal acts and parts of acts.

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. 5002, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2016 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. 741, entitled

A bill to prohibit a local unit of government from enacting or enforcing an ordinance, policy, resolution, or rule that regulates a dog based upon the breed or perceived breed of the dog; and to provide for the powers and duties of certain local governmental entities.

The Senate has passed the bill.

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

Senate Bill No. 757, entitled

A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending section 733 (MCL 339.5733), as amended by 2017 PA 125.

The Senate has passed the bill.

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

Senate Bill No. 758, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 28a (MCL 125.1528a), as amended by 2017 PA 126.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Whiteford, Theis, Hornberger, Greimel and Kesto introduced

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.