No. 8

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2018

House Chamber, Lansing, Thursday, January 25, 2018.

12:00 Noon.

The House was called to order by the Speaker.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Afendoulis—present Frederick—present Kelly—present Reilly—present

Albert—present Garcia—present Kesto—present Rendon—present

Alexander—present Garrett—excused 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—excused 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—excused 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

Fr. John Winfrey, Pastor of Saint George Antiochian Orthodox Church in Grand Rapids, offered the following invocation:

“O Lord our God, look down upon this Assembly and guide them by Thy benevolence and wisdom. Grant that they may execute the work set before them with a spirit of cooperation for the sake of their constituents, a spirit of wisdom and understanding that their work may be profitable for all, and a spirit of humility that they may truly listen to those with whom they disagree so that they may be ready to consider possibilities of which they could not have conceived. And for Thy providence and goodness, we send up glory, thanksgiving and worship; now and ever and unto ages of ages. Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

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

The motion prevailed.

Rep. Lauwers moved that Reps. Graves and Inman be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Kelly, Canfield, Crawford, Howrylak, Maturen, Rendon and Runestad offered the following resolution:

House Resolution No. 235.

A resolution to declare January 28-February 3, 2018, as Catholic Schools Week in the state of Michigan.

Whereas, There are 52,475 students attending 222 Catholic elementary and high schools throughout our great state; and

Whereas, The Constitution of Michigan states that “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged”; and

Whereas, Catholic school parents pay tuition in addition to supporting public schools through their taxes; and

Whereas, Catholic schools comply with the same health, safety, and general welfare regulations required of public schools; and

Whereas, The viability of Catholic schools should be encouraged so that declines in Catholic school enrollment, which necessitate increases in public expenditures in the School Aid Fund, can be avoided; and

Whereas, Catholic schools instill a broad, values-based education, emphasizing the lifelong development of moral, intellectual, and social values in young people, making them responsible citizens of our state and nation; and

Whereas, Catholic schools educate many students who are non-Catholic and who are economically disadvantaged, as a good education remains the single best way out of poverty; and

Whereas, With their traditionally high academic standards, high graduation rates, and commitment to community service, Catholic schools and their graduates make a positive contribution to society; and

Whereas, January 28-February 3, 2018, has been designated as Catholic Schools Week, with the theme “Catholic Schools: Learn. Serve. Lead. Succeed.” as denoted by the National Catholic Educational Association and the United States Conference of Catholic Bishops; and

Whereas, The common good of the state of Michigan is strengthened through the continued existence of Catholic schools; and

Whereas, Catholic schools seek to form a supporting partnership with each student’s family, encouraging the involvement of parents in the education of their children, so that Catholic schools are part of a solution to form productive lives for future generations; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 28-February 3, 2018, as Catholic Schools Week in the state of Michigan. We support the continued dedication of Catholic schools across Michigan toward academic excellence and the key role Catholic schools play in promoting and ensuring a brighter, stronger future for students; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Catholic Conference with our highest esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Wittenberg, Moss, Canfield, Faris, Howrylak, Kelly, Maturen, Sneller and Sowerby offered the following resolution:

House Resolution No. 236.

A resolution to declare January 27-February 3, 2018, as Curling Week in the state of Michigan.

Whereas, The Detroit Curling Club will be hosting the United States Curling Association Junior National Championship, which encourages the top junior-aged teams (21 and younger) in the nation to go forth and represent the United States on the international level; and

Whereas, Curling has a long history in the state of Michigan, being home to the first curling club in the United States, the Orchard Lake Curling Club, founded in 1831, six years before Michigan became a part of the Union. Today, Michigan has eight curling clubs: Calumet, Escanaba, Midland, Lewiston, Traverse City, Ferndale, Lansing, and Kalamazoo; and

Whereas, The Junior National Championships test the athleticism, skill, and perseverance of the best curlers in the country, to determine whom the honor will be bestowed upon to represent the United States at the World Junior Championships; and

Whereas, Acknowledging the Junior National Championship demonstrates Michigan’s commitment to promoting physical health and fitness, tourism, and economic growth; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare January 27-February 3, 2018, as Curling Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

House Bill No. 5155, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 35901 and 35903 (MCL 324.35901 and 324.35903), as added by 1996 PA 88; 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. 18 Yeas—106

Afendoulis Farrington Kosowski Rendon

Albert Frederick LaFave Roberts

Alexander Garcia LaGrand Robinson

Allor Gay-Dagnogo LaSata Runestad

Barrett Geiss Lasinski Sabo

Bellino Glenn Lauwers Santana

Bizon Green Leonard Scott

Brann Greig Leutheuser Sheppard

Brinks Greimel Liberati Singh

Byrd Griffin Lilly Sneller

Calley Guerra Love Sowerby

Cambensy Hammoud Lower Tedder

Camilleri Hauck Lucido Theis

Canfield Hernandez Marino VanderWall

Chang Hertel Maturen VanSingel

Chatfield Hoadley McCready Vaupel

Chirkun Hoitenga Miller VerHeulen

Clemente Hornberger Moss Victory

Cochran Howell Neeley Webber

Cole Howrylak Noble Wentworth

Cox Hughes Pagan Whiteford

Crawford Iden Pagel Wittenberg

Dianda Johnson Peterson Yancey

Durhal Jones Phelps Yanez

Elder Kahle Rabhi Yaroch

Ellison Kelly Reilly Zemke

Faris Kesto

Nays—0

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.

House Bill No. 5156, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 35801 and 35803 (MCL 324.35801 and 324.35803), as added by 1996 PA 89; 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. 19 Yeas—106

Afendoulis Farrington Kosowski Rendon

Albert Frederick LaFave Roberts

Alexander Garcia LaGrand Robinson

Allor Gay-Dagnogo LaSata Runestad

Barrett Geiss Lasinski Sabo

Bellino Glenn Lauwers Santana

Bizon Green Leonard Scott

Brann Greig Leutheuser Sheppard

Brinks Greimel Liberati Singh

Byrd Griffin Lilly Sneller

Calley Guerra Love Sowerby

Cambensy Hammoud Lower Tedder

Camilleri Hauck Lucido Theis

Canfield Hernandez Marino VanderWall

Chang Hertel Maturen VanSingel

Chatfield Hoadley McCready Vaupel

Chirkun Hoitenga Miller VerHeulen

Clemente Hornberger Moss Victory

Cochran Howell Neeley Webber

Cole Howrylak Noble Wentworth

Cox Hughes Pagan Whiteford

Crawford Iden Pagel Wittenberg

Dianda Johnson Peterson Yancey

Durhal Jones Phelps Yanez

Elder Kahle Rabhi Yaroch

Ellison Kelly Reilly Zemke

Faris Kesto

Nays—0

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.

Second Reading of Bills

House Bill No. 5420, entitled

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

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Tax Policy,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Tedder moved to amend the bill as follows:

1. Amend page 25, line 1, after “LOST” by inserting “TO THE STATE SCHOOL AID FUND”.

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

Rep. Greimel moved to amend the bill as follows:

1. Amend page 16, line 24, after “increment.” by inserting “FOR THE 2018 TAX YEAR AND EACH TAX YEAR AFTER 2018, THE ADJUSTED AMOUNT DETERMINED UNDER THIS SUBSECTION SHALL BE INCREASED BY AN ADDITIONAL $1,700.00.”.

2. Amend page 22, line 5, by striking out all of section 30a.

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

Rep. Greimel moved to amend the bill as follows:

1. Amend page 16, line 24, after “increment.” by inserting “FOR THE 2021 TAX YEAR AND EACH TAX YEAR AFTER 2021, THE ADJUSTED AMOUNT DETERMINED UNDER THIS SUBSECTION SHALL BE INCREASED BY AN ADDITIONAL $700.00.”.

2. Amend page 22, line 6, after the second “2012” by inserting “THROUGH THE 2020 TAX YEAR”.

3. Amend page 22, line 9, after “2012” by inserting “THROUGH THE 2020 TAX YEAR”.

4. Amend page 22, line 22, after “YEAR,” by striking out the balance of the section and inserting “$4,500.00.

(D) FOR THE 2019 TAX YEAR, $4,600.00.

(E) FOR THE 2020 TAX YEAR, $4,700.00.”.

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

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

The motion prevailed.

House Bill No. 5421, entitled

A bill to amend 1964 PA 284, entitled “City income tax act,” by amending sections 31 and 44 of chapter 2 (MCL 141.631 and 141.644), section 31 as amended by 1988 PA 120.

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. 5422, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 254.

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

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

Reps. Hernandez moved to amend the bill as follows:

1. Amend page 1, line 9, after “SHALL” by inserting “NOT”.

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

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

The motion prevailed.

Senate Bill No. 529, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117c (MCL 400.117c), as amended by 1998 PA 516, and by adding section 117h; and to repeal acts and parts of acts.

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.

Senate Bill No. 530, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2017 PA 104.

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

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Lauwers moved that House Bill No. 5420 be placed on its immediate passage.

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

House Bill No. 5420, entitled

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

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

Roll Call No. 20 Yeas—105

Afendoulis Farrington Kesto Reilly

Albert Frederick Kosowski Rendon

Alexander Garcia LaFave Roberts

Allor Gay-Dagnogo LaGrand Runestad

Barrett Geiss LaSata Sabo

Bellino Glenn Lasinski Santana

Bizon Green Lauwers Scott

Brann Greig Leonard Sheppard

Brinks Greimel Leutheuser Singh

Byrd Griffin Liberati Sneller

Calley Guerra Lilly Sowerby

Cambensy Hammoud Love Tedder

Camilleri Hauck Lower Theis

Canfield Hernandez Lucido VanderWall

Chang Hertel Marino VanSingel

Chatfield Hoadley Maturen Vaupel

Chirkun Hoitenga McCready VerHeulen

Clemente Hornberger Miller Victory

Cochran Howell Moss Webber

Cole Howrylak Neeley Wentworth

Cox Hughes Noble Whiteford

Crawford Iden Pagan Wittenberg

Dianda Johnson Pagel Yancey

Durhal Jones Peterson Yanez

Elder Kahle Phelps Yaroch

Ellison Kelly Rabhi Zemke

Faris

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 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 8, 12, 30, 30a, 51, 52, 512, and 607 (MCL 206.8, 206.12, 206.30, 206.30a, 206.51, 206.52, 206.512, and 206.607), section 12 as amended by 2003 PA 45, section 30 as amended by 2017 PA 149, section 30a as added by 2012 PA 224, section 51 as amended by 2016 PA 266, sections 52 and 512 as amended by 2011 PA 38, and section 607 as amended by 2011 PA 306; and to repeal acts and parts of acts.

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 House Bill No. 5421 be placed on its immediate passage.

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

House Bill No. 5421, entitled

A bill to amend 1964 PA 284, entitled “City income tax act,” by amending sections 31 and 44 of chapter 2 (MCL 141.631 and 141.644), section 31 as amended by 1988 PA 120.

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

Roll Call No. 21 Yeas—105

Afendoulis Farrington Kesto Reilly

Albert Frederick Kosowski Rendon

Alexander Garcia LaFave Roberts

Allor Gay-Dagnogo LaGrand Runestad

Barrett Geiss LaSata Sabo

Bellino Glenn Lasinski Santana

Bizon Green Lauwers Scott

Brann Greig Leonard Sheppard

Brinks Greimel Leutheuser Singh

Byrd Griffin Liberati Sneller

Calley Guerra Lilly Sowerby

Cambensy Hammoud Love Tedder

Camilleri Hauck Lower Theis

Canfield Hernandez Lucido VanderWall

Chang Hertel Marino VanSingel

Chatfield Hoadley Maturen Vaupel

Chirkun Hoitenga McCready VerHeulen

Clemente Hornberger Miller Victory

Cochran Howell Moss Webber

Cole Howrylak Neeley Wentworth

Cox Hughes Noble Whiteford

Crawford Iden Pagan Wittenberg

Dianda Johnson Pagel Yancey

Durhal Jones Peterson Yanez

Elder Kahle Phelps Yaroch

Ellison Kelly Rabhi Zemke

Faris

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. 5422 be placed on its immediate passage.

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

House Bill No. 5422, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 254.

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

Roll Call No. 22 Yeas—100

Afendoulis Faris Kesto Rendon

Alexander Farrington Kosowski Roberts

Allor Frederick LaFave Runestad

Barrett Garcia LaGrand Sabo

Bellino Gay-Dagnogo LaSata Santana

Bizon Geiss Lasinski Scott

Brann Glenn Lauwers Sheppard

Brinks Green Leonard Singh

Byrd Greig Leutheuser Sneller

Calley Greimel Lilly Sowerby

Cambensy Griffin Love Tedder

Camilleri Guerra Lucido Theis

Canfield Hammoud Marino VanderWall

Chang Hauck Maturen VanSingel

Chatfield Hernandez McCready Vaupel

Chirkun Hertel Miller VerHeulen

Clemente Hoadley Moss Victory

Cochran Hoitenga Neeley Webber

Cole Hornberger Noble Wentworth

Cox Howell Pagan Whiteford

Crawford Hughes Pagel Wittenberg

Dianda Iden Peterson Yancey

Durhal Jones Phelps Yanez

Elder Kahle Rabhi Yaroch

Ellison Kelly Reilly Zemke

Nays—6

Albert Johnson Lower Robinson

Howrylak Liberati

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. Lower, 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 people of the state of Michigan deserve to keep more of what they earn. That is why I voted to reduce the income tax rate last year and why I voted to re-institute and increase the personal exemption for all Michiganders earlier today. That said, House Bill 5422 is not tax reform or tax relief and it does not apply to all taxpayers. Under the provisions of House Bill 5422 if you are over the age of 62 the state of Michigan is going to give you $100. You get this $100 regardless of your tax liability, income level, or any other factors. In fact, you still get the $100 even if you owe $0 in taxes to the state. These facts make House Bill 5422 nothing more than a redistribution of wealth from one class of taxpayers to another. For these reasons, I could not support this legislation.”

House Bill No. 5100, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 225 (MCL 257.225), as amended by 2014 PA 26.

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

Roll Call No. 23 Yeas—104

Afendoulis Faris Kelly Reilly

Albert Farrington Kesto Rendon

Alexander Frederick Kosowski Roberts

Allor Garcia LaFave Robinson

Barrett Gay-Dagnogo LaGrand Runestad

Bellino Geiss LaSata Santana

Bizon Glenn Lasinski Scott

Brann Green Lauwers Sheppard

Brinks Greig Leonard Singh

Byrd Greimel Leutheuser 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 Howrylak Noble Whiteford

Crawford Hughes Pagan Wittenberg

Dianda Iden Pagel Yancey

Durhal Johnson Peterson Yanez

Elder Jones Phelps Yaroch

Ellison Kahle Rabhi Zemke

Nays—2

Liberati Sabo

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.

House Bill No. 4779, entitled

A bill to amend 1986 PA 268, entitled “Legislative council act,” (MCL 4.1101 to 4.1901) by amending the title, as amended by 1988 PA 100, and by adding chapter 1A.

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

Roll Call No. 24 Yeas—106

Afendoulis Farrington Kosowski Rendon

Albert Frederick LaFave Roberts

Alexander Garcia LaGrand Robinson

Allor Gay-Dagnogo LaSata Runestad

Barrett Geiss Lasinski Sabo

Bellino Glenn Lauwers Santana

Bizon Green Leonard Scott

Brann Greig Leutheuser Sheppard

Brinks Greimel Liberati Singh

Byrd Griffin Lilly Sneller

Calley Guerra Love Sowerby

Cambensy Hammoud Lower Tedder

Camilleri Hauck Lucido Theis

Canfield Hernandez Marino VanderWall

Chang Hertel Maturen VanSingel

Chatfield Hoadley McCready Vaupel

Chirkun Hoitenga Miller VerHeulen

Clemente Hornberger Moss Victory

Cochran Howell Neeley Webber

Cole Howrylak Noble Wentworth

Cox Hughes Pagan Whiteford

Crawford Iden Pagel Wittenberg

Dianda Johnson Peterson Yancey

Durhal Jones Phelps Yanez

Elder Kahle Rabhi Yaroch

Ellison Kelly Reilly Zemke

Faris Kesto

Nays—0

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.

House Bill No. 4780, entitled

A bill to amend 1970 PA 193, entitled “An act to provide for the compilation of the general laws of this state and the compilation and revision of state administrative rules; and to prescribe certain functions of the legislative council and certain state agencies relative thereto,” by amending sections 1 and 7 (MCL 8.41 and 8.47), as amended by 1999 PA 263.

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

Roll Call No. 25 Yeas—105

Afendoulis Farrington Kesto Rendon

Albert Frederick Kosowski Roberts

Alexander Garcia LaFave Robinson

Allor Gay-Dagnogo LaGrand Runestad

Barrett Geiss LaSata Sabo

Bellino Glenn Lasinski Santana

Bizon Green Lauwers Scott

Brann Greig Leonard Sheppard

Brinks Greimel Leutheuser Singh

Byrd Griffin Liberati Sneller

Calley Guerra Lilly Sowerby

Cambensy Hammoud Love Tedder

Camilleri Hauck Lower Theis

Canfield Hernandez Lucido VanderWall

Chang Hertel Marino VanSingel

Chatfield Hoadley Maturen Vaupel

Chirkun Hoitenga McCready VerHeulen

Clemente Hornberger Miller Victory

Cochran Howell Moss Webber

Cole Howrylak Neeley Wentworth

Cox Hughes Noble Whiteford

Crawford Iden Pagan Wittenberg

Dianda Johnson Pagel Yancey

Durhal Jones Peterson Yanez

Elder Kahle Phelps Yaroch

Ellison Kelly Reilly Zemke

Faris

Nays—1

Rabhi

In The Chair: Chatfield

The House agreed to the title of the bill.

House Bill No. 5257, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 409b.

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

Roll Call No. 26 Yeas—103

Afendoulis Faris Kesto Rendon

Albert Farrington Kosowski Roberts

Alexander Frederick LaFave Runestad

Allor Garcia LaGrand Sabo

Barrett Gay-Dagnogo LaSata Santana

Bellino Geiss Lasinski Scott

Bizon Glenn Lauwers Sheppard

Brann Green Leonard Singh

Brinks Greig Leutheuser Sneller

Byrd Greimel Liberati Sowerby

Calley Griffin Lilly Tedder

Cambensy Guerra Love Theis

Camilleri Hammoud Lower VanderWall

Canfield Hauck Lucido VanSingel

Chang Hernandez Marino Vaupel

Chatfield Hertel Maturen VerHeulen

Chirkun Hoadley McCready Victory

Clemente Hoitenga Miller Webber

Cochran Hornberger Moss Wentworth

Cole Howell Neeley Whiteford

Cox Howrylak Noble Wittenberg

Crawford Hughes Pagan Yancey

Dianda Iden Pagel Yanez

Durhal Jones Peterson Yaroch

Elder Kahle Phelps Zemke

Ellison Kelly Rabhi

Nays—3

Johnson Reilly 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.

House Bill No. 5258, entitled

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

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

Roll Call No. 27 Yeas—103

Afendoulis Faris Kesto Rendon

Albert Farrington Kosowski Roberts

Alexander Frederick LaFave Runestad

Allor Garcia LaGrand Sabo

Barrett Gay-Dagnogo LaSata Santana

Bellino Geiss Lasinski Scott

Bizon Glenn Lauwers Sheppard

Brann Green Leonard Singh

Brinks Greig Leutheuser Sneller

Byrd Greimel Liberati Sowerby

Calley Griffin Lilly Tedder

Cambensy Guerra Love Theis

Camilleri Hammoud Lower VanderWall

Canfield Hauck Lucido VanSingel

Chang Hernandez Marino Vaupel

Chatfield Hertel Maturen VerHeulen

Chirkun Hoadley McCready Victory

Clemente Hoitenga Miller Webber

Cochran Hornberger Moss Wentworth

Cole Howell Neeley Whiteford

Cox Howrylak Noble Wittenberg

Crawford Hughes Pagan Yancey

Dianda Iden Pagel Yanez

Durhal Jones Peterson Yaroch

Elder Kahle Phelps Zemke

Ellison Kelly Rabhi

Nays—3

Johnson Reilly 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.

House Bill No. 4472, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17702, 17704, and 17755 (MCL 333.17702, 333.17704, and 333.17755), sections 17702 and 17704 as amended by 2014 PA 280.

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

Roll Call No. 28 Yeas—105

Afendoulis Farrington Kesto Reilly

Albert Frederick Kosowski Rendon

Alexander Garcia LaFave Roberts

Allor Gay-Dagnogo LaGrand Runestad

Barrett Geiss LaSata Sabo

Bellino Glenn Lasinski Santana

Bizon Green Lauwers Scott

Brann Greig Leonard Sheppard

Brinks Greimel Leutheuser Singh

Byrd Griffin Liberati Sneller

Calley Guerra Lilly Sowerby

Cambensy Hammoud Love Tedder

Camilleri Hauck Lower Theis

Canfield Hernandez Lucido VanderWall

Chang Hertel Marino VanSingel

Chatfield Hoadley Maturen Vaupel

Chirkun Hoitenga McCready VerHeulen

Clemente Hornberger Miller Victory

Cochran Howell Moss Webber

Cole Howrylak Neeley Wentworth

Cox Hughes Noble Whiteford

Crawford Iden Pagan Wittenberg

Dianda Johnson Pagel Yancey

Durhal Jones Peterson Yanez

Elder Kahle Phelps Yaroch

Ellison Kelly Rabhi Zemke

Faris

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 17702, 17704, and 17755 (MCL 333.17702, 333.17704, and 333.17755), section 17702 as amended by 2016 PA 528 and section 17704 as amended by 2014 PA 280.

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. 634, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 18223 (MCL 333.18223), as amended by 2014 PA 385.

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

Roll Call No. 29 Yeas—93

Afendoulis Frederick LaFave Roberts

Albert Geiss LaSata Robinson

Alexander Glenn Lasinski Runestad

Allor Green Lauwers Sabo

Barrett Greig Leonard Santana

Bellino Greimel Leutheuser Scott

Bizon Griffin Liberati Sheppard

Brann Hauck Lilly Sneller

Brinks Hernandez Love Sowerby

Byrd Hertel Lower Tedder

Calley Hoadley Lucido Theis

Canfield Hoitenga Marino VanderWall

Chang Hornberger Maturen VanSingel

Chatfield Howell McCready Vaupel

Chirkun Howrylak Miller VerHeulen

Clemente Hughes Neeley Victory

Cochran Iden Noble Webber

Cole Johnson Pagel Wentworth

Cox Jones Peterson Whiteford

Crawford Kahle Phelps Yancey

Dianda Kelly Rabhi Yanez

Durhal Kesto Reilly Yaroch

Elder Kosowski Rendon Zemke

Farrington

Nays—13

Cambensy Garcia Hammoud Pagan

Camilleri Gay-Dagnogo LaGrand Singh

Ellison Guerra Moss Wittenberg

Faris

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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”

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.

______

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

______

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, January 24:

House Bill Nos. 5437 5438 5439 5440 5441 5442 5443 5444

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, January 25:

Senate Bill Nos. 764 765 766 767 768 769 770 771 772 773 774 775 776 777

778 779 780 781 782 783 784 785 786 787

The Clerk announced that the following Senate bills had been received on Thursday, January 25:

Senate Bill Nos. 652 653 654

Reports of Standing Committees

The Committee on Families, Children, and Seniors, by Rep. Rendon, Chair, reported

Senate Bill No. 616, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7 (MCL 722.627), as amended by 2016 PA 494.

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. Rendon, Noble, McCready, Hughes, Roberts, Farrington, Kahle, Liberati, Robinson, Gay-Dagnogo and Ellison

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rendon, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Thursday, January 25, 2018

Present: Reps. Rendon, Noble, McCready, Hughes, Roberts, Farrington, Kahle, Liberati, Robinson, Gay-Dagnogo and Ellison

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Kelly, Chair, of the Committee on Education Reform, was received and read:

Meeting held on: Thursday, January 25, 2018

Present: Reps. Kelly, Hornberger, Crawford, Garcia, Roberts, Alexander, Griffin, Lilly, Noble, Reilly, Zemke, Brinks, Chang, Camilleri and Sowerby

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, January 25, 2018

Present: Reps. Theis, VanderWall, Barrett, Glenn, Runestad, Vaupel, Webber, Bellino, Hoitenga, LaFave, Wentworth, Phelps, Gay-Dagnogo, Wittenberg, Hammoud and Lasinski

Absent: Rep. Greimel

Excused: Rep. Greimel

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, January 25, 2018

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

Messages from the Senate

House Bill No. 4470, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204 and 5807 (MCL 600.3204 and 600.5807), section 3204 as amended by 2014 PA 125.

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. 4471, entitled

A bill to enact the uniform commercial real estate receivership act; to provide for the appointment of receivers to take possession of commercial real property of another and to receive, collect, care for, and dispose of the property or proceeds of the property; and to provide remedies related to the receiverships.

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

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

Senate Bill No. 652, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 33, 39a, 40, 41, 42, 43, 44, 45, and 47 (MCL 24.233, 24.239a, 24.240, 24.241, 24.242, 24.243, 24.244, 24.245, and 24.247), sections 33 and 47 as amended and section 39a as added by 1999 PA 262, section 40 as amended by 2011 PA 243, sections 41 and 42 as amended by 2004 PA 491, section 43 as amended by 1989 PA 288, and sections 44 and 45 as amended by 2016 PA 513, and by adding sections 65 and 66.

The Senate has passed the bill.

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

Senate Bill No. 653, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 1301 (MCL 324.1301), as amended by 2014 PA 215, and by adding sections 1313 and 1315.

The Senate has passed the bill.

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

Senate Bill No. 654, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 26.

The Senate has passed the bill.

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

Communications from State Officers

The following communication from the Civil Service Commission was received and read:

January 24, 2018

Enclosed is the Fiscal Analysis Report for the Civil Service Commission for fiscal year 2017.

This report is provided in accordance with Article XI, Section 5 of the Constitution of the State of Michigan.

Sincerely,

Janine M. Winters

State Personnel Director

The communication was referred to the Clerk.

Introduction of Bills

Reps. Singh, Kelly, Sabo, Zemke, Lasinski, Rabhi, Gay-Dagnogo, Moss, Liberati and Chang introduced

House Bill No. 5445, entitled

A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending section 4 (MCL 333.26424), as amended by 2016 PA 283.

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

Rep. Lucido introduced

House Bill No. 5446, entitled

A bill to repeal 1947 PA 261, entitled “An act to authorize the board of supervisors in each of the counties of this state, now or hereafter having a population of 1,000,000 or more, to provide for and fix the compensation and prescribe the powers and duties of certain officers and employees of such county; and to provide for the deposit of funds by all county officers and officials with the county treasurer,” (MCL 45.451 to 45.457); and to repeal acts and parts of acts.

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

Rep. Lucido introduced

House Bill No. 5447, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5741, 5744, 5750, 5757, and 5781 (MCL 600.5741, 600.5744, 600.5750, 600.5757, and 600.5781), section 5744 as amended by 2004 PA 105, section 5757 as amended by 1993 PA 189, and section 5781 as added by 1988 PA 336.

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

Rep. Kosowski introduced

House Bill No. 5448, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1531m.

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

Rep. Kosowski introduced

House Bill No. 5449, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2012 PA 523.

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

Reps. Kesto, Noble and VanderWall introduced

House Bill No. 5450, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20173a (MCL 333.20173a), as amended by 2017 PA 167.

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

Reps. Noble, Kesto and VanderWall introduced

House Bill No. 5451, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 134a (MCL 330.1134a), as amended by 2014 PA 72.

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

Reps. VanderWall, Noble and Kesto introduced

House Bill No. 5452, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 34b (MCL 400.734b), as amended by 2014 PA 73.

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

Reps. Greig, Kesto and Crawford introduced

House Bill No. 5453, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” (MCL 117.1 to 117.38) by adding section 4v.

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

______

Rep. Bellino moved that the House adjourn.

The motion prevailed, the time being 2:15 p.m.

Associate Speaker Pro Tempore Glenn declared the House adjourned until Tuesday, January 30, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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