No. 20

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2018

House Chamber, Lansing, Thursday, February 22, 2018.

12:00 Noon.

The House was called to order by the Speaker.

The roll was called by the Assistant 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—excused

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

Rev. Dr. Edward L. Branch, Senior Pastor of Third New Hope Baptist Church in Detroit, offered the following invocation:

“God of love and peace, we honor You today for Your goodness and Your mercy toward us. Thank You for the beauty and glory of this day and for the many open doors and fresh opportunities before us. Thank You for entrusting us with the responsibility to love, protect and care for others. Especially those who are sometimes thought of as the least and the last among us.

Thank You for the great state of Michigan and it’s system of government. Thank You for the House of Representatives and for those who have been elected to serve this community for this challenging season.

God, we pray Your blessing upon this session and upon all who are present for these proceedings. We pray that Your love and grace will be shown through the lives and actions of these individuals elected to serve the citizens of this community. I pray strength and courage and integrity and boldness upon them so that they can best do the jobs they are assigned to do. May this and each meeting be a charge to them to do justice and to love mercy and to walk humbly with their God.

We pray that You will cover them and keep them in every way. Use them to Your own glory and for the betterment of Your people. I pray a prayer of covering upon our national and local governments and for all the causes that bind us together as one. Where we are weak, give us strength. Where we are cold and insensitive, warm our hearts. Where we are fearful, give us courage. Give us beauty for our ashes.

Dear God, may Your name be blessed and glorified in all things. Both now and forever. Amen.”

______

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

______

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

The motion prevailed.

Messages from the Senate

House Bill No. 4536, entitled

A bill to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 760.1 to 777.69) by adding section 26a to chapter IV.

(The bill was received from the Senate on February 21, with an amendment, consideration of which, under the rules, was postponed until today, see House Journal No. 19, p. 309.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 92 Yeas—108

Afendoulis Farrington Kahle Rabhi

Albert Frederick Kelly Reilly

Alexander Garcia Kesto Rendon

Allor Garrett Kosowski Roberts

Barrett Gay-Dagnogo LaFave Robinson

Bellino Geiss LaGrand Runestad

Bizon Glenn LaSata Sabo

Brann Graves Lasinski Santana

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

House Bill No. 4537, entitled

A bill to amend 1974 PA 163, entitled “An act to provide for the creation of a criminal justice information systems policy council; to provide for the establishment of policy and promulgation of rules governing access, use, and disclosure of information in criminal justice information systems; to provide for the reimbursement of expenses of council members; and to provide for penalties,” by amending section 4 (MCL 28.214), as amended by 2011 PA 199.

(The bill was received from the Senate on February 21, with an amendment, consideration of which, under the rules, was postponed until today, see House Journal No. 19, p. 310.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 93 Yeas—108

Afendoulis Farrington Kahle Rabhi

Albert Frederick Kelly Reilly

Alexander Garcia Kesto Rendon

Allor Garrett Kosowski Roberts

Barrett Gay-Dagnogo LaFave Robinson

Bellino Geiss LaGrand Runestad

Bizon Glenn LaSata Sabo

Brann Graves Lasinski Santana

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

House Bill No. 4538, entitled

A bill to amend 1925 PA 289, entitled “An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,” by amending section 3 (MCL 28.243), as amended by 2012 PA 374.

(The bill was received from the Senate on February 21, with an amendment, consideration of which, under the rules, was postponed until today, see House Journal No. 19, p. 310.)

The question being on concurring in the amendment made to the bill by the Senate,

The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 94 Yeas—108

Afendoulis Farrington Kahle Rabhi

Albert Frederick Kelly Reilly

Alexander Garcia Kesto Rendon

Allor Garrett Kosowski Roberts

Barrett Gay-Dagnogo LaFave Robinson

Bellino Geiss LaGrand Runestad

Bizon Glenn LaSata Sabo

Brann Graves Lasinski Santana

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

Second Reading of Bills

House Bill No. 4053, entitled

A bill to designate English as the official state language; to require the use of English in certain documents and at certain public meetings; and to provide the powers and duties of certain state and local agencies and officials.

The bill was read a second time.

Rep. Kesto moved to substitute (H-1) the bill.

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

Rep. Geiss moved to amend the bill as follows:

1. Amend page 3, following line 2, by inserting:

“Sec. 6. The metric system is designated as the official measurement system of this state.

Sec. 7. The Oxford comma is designated as the official comma of this state.

Sec. 8. The state’s official spelling and pronunciation conventions shall be those of British English.”.

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

Rep. Moss moved to amend the bill as follows:

1. Amend page 1, line 1, after “Sec. 1” by striking out “English” and inserting “Ojibew”.

2. Amend page 1, line 3, after “act,” by striking out “English” and inserting “Ojibew”.

3. Amend page 2, line 3, after “of” by striking out “English” and inserting “Ojibew”.

4. Amend page 2, line 4, after “than” by striking out “English” and inserting “Ojibew”.

5. Amend page 2, line 16, after “than” by striking out “English” and inserting “Ojibew”.

6. Amend page 2, line 20, after “limited” by striking out “English” and inserting “Ojibew”.

7. Amend page 2, line 26, after “than” by striking out “English” and inserting “Ojibew”.

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

Rep. Lauwers moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Geiss.

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

The question being on the adoption of the amendment offered previously by Rep. Geiss,

The amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Wittenberg moved to amend the bill as follows:

1. Amend page 3, following line 2, by inserting:

“Enacting section 1. This act does not take effect unless all of the following bills of the 99th Legislature are enacted into law:

(a) House Bill No. 4436.

(b) House Bill No. 4437.

Enacting section 2. This act does not take effect unless House Joint Resolution K of the 99th Legislature becomes a part of the state constitution of 1963 as provided in section 1 of article XII of the state constitution of 1963.”.

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

Rep. Chang moved to amend the bill as follows:

1. Amend page 3, following line 2, by inserting:

“Sec. 6. For fiscal year 2017-2018, $1,000,000.00 is appropriated from the general fund to the department of education for English learner and immigrant education programs.”.

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

Rep. Wittenberg moved to amend the bill as follows:

1. Amend page 2, following line 26, by inserting:

“(e) The motto of the great seal.”.

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

Rep. Chang moved to substitute (H-2) the bill.

The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

Rep. Lauwers moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4053, entitled

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

Roll Call No. 95 Yeas—62

Alexander Garrett Kosowski Rendon

Allor Glenn LaFave Roberts

Barrett Graves LaSata Runestad

Bellino Griffin Lauwers Sheppard

Bizon Hauck Leonard Tedder

Calley Hernandez Leutheuser Theis

Canfield Hoitenga Lilly VanderWall

Chatfield Hornberger Lower VanSingel

Chirkun Howell Lucido Vaupel

Cole Hughes Marino VerHeulen

Cox Iden McCready Victory

Crawford Inman Miller Webber

Dianda Johnson Noble Wentworth

Farrington Kahle Pagel Whiteford

Frederick Kelly Reilly Yaroch

Garcia Kesto

Nays—46

Afendoulis Ellison Jones Rabhi

Albert Faris LaGrand Robinson

Brann Gay-Dagnogo Lasinski Sabo

Brinks Geiss Liberati Santana

Byrd Green Love Singh

Cambensy Greig Maturen Sneller

Camilleri Greimel Moss Sowerby

Chang Guerra Neeley Wittenberg

Clemente Hammoud Pagan Yancey

Cochran Hertel Peterson Yanez

Durhal Hoadley Phelps Zemke

Elder Howrylak

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 designate the official language of this state; to require the use of the official language in certain documents and at certain public meetings; and to provide the powers and duties of certain state and local agencies and officials.

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. Yanez, 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:

This bill is a political trick in an election year. It does nothing to make this state and it’s people either better and/or more prosperous. It will not fix one pothole, educate one child or support one senior or veteran. This bill was unnecessary and a total waste of the peoples time.”

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:

House Bill 4053 is an excellent example of why we need a non-partisan legislature. It is a solution in search of a problem, a result of partisan posturing in an election year. It is unnecessary and it is a waste of time. Our country does not have an official language. Our state has never had an official language either. There is no problem and therefore no solution needed. Finally, the bill ignores the rights of deaf individuals, as American Sign Language is a language separate and unique from English. Not allowing American Sign Language to have equal standing with English for the official purposes of government is terrible policy and demeaning to members of the deaf community.”

Rep. Afendoulis, 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 am opposed to House Bill 4053 for a number of reasons. First and foremost, I believe this legislation is a solution in search of a problem. I am a second generation Greek American. My grandparents all immigrated to this country from Greece, and not one of them spoke English. They learned our language out of necessity, but also out of respect for our common values and a willingness to be part of our culture. Today, not one of my grandparents’ great grandchildren speak Greek. In my experience in dealing with state government agencies, in private industry, in local government, and most recently as a state legislator, I have not encountered government agencies conducting or are refusing to conduct business in English. If this were to occur in the future this type of legislation may merit consideration. Unless and until we reach that point in time, I do not believe this legislation has merit.”

House Bill No. 5190, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 517a (MCL 436.1517a), as amended by 2016 PA 180.

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

Roll Call No. 96 Yeas—108

Afendoulis Farrington Kahle Rabhi

Albert Frederick Kelly Reilly

Alexander Garcia Kesto Rendon

Allor Garrett Kosowski Roberts

Barrett Gay-Dagnogo LaFave Robinson

Bellino Geiss LaGrand Runestad

Bizon Glenn LaSata Sabo

Brann Graves Lasinski Santana

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.

Second Reading of Bills

House Bill No. 4667, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 303 (MCL 436.1303).

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Regulatory Reform,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

Rep. Iden 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. Iden moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) 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. 4668, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 221 and 543 (MCL 436.1221 and 436.1543), section 543 as amended by 2016 PA 434.

The bill was read a second time.

Rep. Iden moved to substitute (H-1) the bill.

The motion prevailed and 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. 5379, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1179 (MCL 380.1179), as amended by 2013 PA 187.

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

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

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

The motion prevailed.

Senate Bill No. 522, entitled

A bill to amend 1929 PA 199, entitled “An act to authorize and empower villages and townships of this state having a population not exceeding 10,000 inhabitants, to levy a tax for the maintenance or the purchase of lands and maintenance of property for a community center for the benefit of the public, provided the question of such purchase or maintenance, or both purchase and maintenance, as the case may be, is submitted to the duly qualified voters of such villages or townships and is adopted by a majority vote of those participating in said election; and to prescribe penalties and provide remedies,” by amending section 3 (MCL 123.43), as amended by 2000 PA 435.

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.

______

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 and joint resolution had been reproduced and made available electronically on Wednesday, February 21:

House Bill Nos. 5618 5619 5620 5621 5622 5623 5624 5625

House Joint Resolution GG

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, February 22, for his approval of the following bill:

Enrolled House Bill No. 4472 at 4:00 p.m.

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, February 22:

Senate Bill Nos. 839 840 841

The Clerk announced that the following Senate bills had been received on Thursday, February 22:

Senate Bill Nos. 489 490 797 798

Reports of Standing Committees

The Committee on Oversight, by Rep. Graves, Chair, reported

House Bill No. 5215, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 185 (MCL 750.185).

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. Graves, Howrylak, Iden, Johnson, Hertel and Chirkun

Nays: None

The Committee on Oversight, by Rep. Graves, Chair, reported

House Bill No. 5412, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 4 (MCL 15.234), as amended by 2014 PA 563.

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. Graves, Howrylak, Iden, Johnson, Hertel and Chirkun

Nays: None

The Committee on Oversight, by Rep. Graves, Chair, reported

House Bill No. 5413, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 11 (MCL 15.241), as amended by 2014 PA 563.

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. Graves, Howrylak, Iden, Johnson, Hertel and Chirkun

Nays: None

The Committee on Oversight, by Rep. Graves, Chair, reported

Senate Bill No. 712, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 5 (MCL 15.235), as amended by 2014 PA 563.

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. Graves, Howrylak, Iden, Johnson, Hertel and Chirkun

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 22, 2018

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

The Committee on Insurance, by Rep. Theis, Chair, reported

House Bill No. 5275, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 438 (MCL 500.438), as amended by 2016 PA 558.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 22, 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

The Committee on Education Reform, by Rep. Kelly, Chair, reported

House Bill No. 4084, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531 (MCL 380.1531), as amended by 2015 PA 159.

With the recommendation that the substitute (H-5) 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. Kelly, Hornberger, Crawford, Garcia, Roberts, Alexander, Griffin, Lilly, Noble, Reilly, Zemke, Brinks, Chang, Camilleri and Sowerby

Nays: None

The Committee on Education Reform, by Rep. Kelly, Chair, reported

Senate Bill No. 727, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531i (MCL 380.1531i), as added by 2009 PA 202.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

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

Nays: None

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, February 22, 2018

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

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

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.

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. Rendon, Noble, McCready, Hughes, Roberts, Kahle, Liberati and Ellison

Nays: Rep. Robinson

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, February 22, 2018

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

Messages from the Senate

Senate Bill No. 489, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 1 (MCL 722.111.amended), as amended by 2017 PA 257.

The Senate has passed the bill.

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

Senate Bill No. 490, entitled

A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 2 (MCL 722.952), as amended by 2016 PA 190.

The Senate has passed the bill.

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

Senate Bill No. 797, entitled

The Senate has passed the bill.

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

Senate Bill No. 798, entitled

A bill to establish the safe families for children program; to prescribe the powers and duties of certain state departments and public and private agencies; to allow for temporary delegation of a parent’s or guardian’s powers regarding care, custody, or property of a minor child; and to prescribe procedures for providing host families for the temporary care of children.

The Senate has passed the bill.

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

Messages from the Governor

Date: February 20, 2018

Time: 12:15 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4523 (Public Act No. 27, I.E.), being

An act to repeal 1970 PA 202, entitled “An act to regulate the possession, handling, storage, control, use, sale, purchase, transfer, transportation or other disposition of explosives; to provide for permits in connection therewith; and to provide penalties,” (MCL 29.41 to 29.55).

(Filed with the Secretary of State February 21, 2018, at 1:54 p.m.)

Date: February 20, 2018

Time: 12:17 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4524 (Public Act No. 28, I.E.), being

An act 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 6312 (MCL 600.6312), as added by 1995 PA 249.

(Filed with the Secretary of State February 21, 2018, at 2:48 p.m.)

Date: February 20, 2018

Time: 12:19 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5137 (Public Act No. 29, I.E.), being

An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding sections 204b and 204c.

(Filed with the Secretary of State February 21, 2018, at 2:50 p.m.)

Date: February 20, 2018

Time: 12:21 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5138 (Public Act No. 30, I.E.), being

An act 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 16k of chapter XVII (MCL 777.16k), as amended by 2004 PA 524.

(Filed with the Secretary of State February 21, 2018, at 2:52 p.m.)

Date: February 20, 2018

Time: 12:23 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4950 (Public Act No. 31, I.E.), being

An act to amend 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending section 635 (MCL 206.635), as added by 2011 PA 38.

(Filed with the Secretary of State February 21, 2018, at 2:54 p.m.)

Date: February 20, 2018

Time: 12:25 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5047 (Public Act No. 32, I.E.), being

(Filed with the Secretary of State February 21, 2018, at 2:56 p.m.)

Date: February 20, 2018

Time: 12:27 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4752 (Public Act No. 33, I.E.), being

(Filed with the Secretary of State February 21, 2018, at 2:58 p.m.)

Date: February 20, 2018

Time: 12:29 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4813 (Public Act No. 34, I.E.), being

An act to amend 1978 PA 368, entitled “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,” by amending section 7333 (MCL 333.7333), as amended by 2017 PA 251.

(Filed with the Secretary of State February 21, 2018, at 3:00 p.m.)

Date: February 20, 2018

Time: 12:31 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4956 (Public Act No. 35, I.E.), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 719 (MCL 257.719), as amended by 2017 PA 170.

(Filed with the Secretary of State February 21, 2018, at 3:02 p.m.)

Date: February 20, 2018

Time: 12:33 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5200 (Public Act No. 36, I.E.), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 1301, 48705, and 48710 (MCL 324.1301, 324.48705, and 324.48710), section 1301 as amended by 2014 PA 215 and sections 48705 and 48710 as added by 1995 PA 57.

(Filed with the Secretary of State February 21, 2018, at 3:04 p.m.)

Date: February 20, 2018

Time: 12:35 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4411 (Public Act No. 37, I.E.), being

An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 509 (MCL 436.1509).

(Filed with the Secretary of State February 21, 2018, at 3:06 p.m.)

Introduction of Bills

Rep. Noble introduced

House Bill No. 5626, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24f (MCL 211.24f), as amended by 2000 PA 244.

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

Reps. Lucido, Chirkun, Dianda, Marino, Green and LaFave introduced

House Bill No. 5627, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1833, 1910, 2102, 2103, 2118, 2120, 3009, 3017, 3020, 3037, 3101, 3103, 3104, 3107, 3109a, 3111, 3113, 3114, 3115, 3116, 3121, 3125, 3131, 3135, 3141, 3171, 3172, 3175, 3176, 3178, 3303, 3320, 3321, 3350, and 6107 (MCL 500.1833, 500.1910, 500.2102, 500.2103, 500.2118, 500.2120, 500.3009, 500.3017, 500.3020, 500.3037, 500.3101, 500.3103, 500.3104, 500.3107, 500.3109a, 500.3111, 500.3113, 500.3114, 500.3115, 500.3116, 500.3121, 500.3125, 500.3131, 500.3135, 500.3141, 500.3171, 500.3172, 500.3175, 500.3176, 500.3178, 500.3303, 500.3320, 500.3321, 500.3350, and 500.6107), section 1833 as added by 1989 PA 214, sections 1910, 3171, 3172, 3175, and 3320 as amended and section 3178 as added by 2012 PA 204, section 2103 as amended by 2016 PA 449, sections 2118 and 2120 as amended by 2007 PA 35, sections 3009, 3037, and 3113 as amended and section 3017 as added by 2016 PA 346, section 3020 as amended by 2006 PA 106, section 3101 as amended by 2017 PA 140, section 3103 as amended by 1986 PA 173, section 3104 as amended by 2002 PA 662, section 3107 as amended by 2012 PA 542, section 3109a as amended by 2012 PA 454, section 3114 as amended by 2016 PA 347, section 3121 as amended by 1993 PA 290, section 3135 as amended by 2012 PA 158, section 3303 as amended by 1980 PA 461, section 3350 as amended by 1982 PA 502, and section 6107 as amended by 2017 PA 58; and to repeal acts and parts of acts.

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

Reps. Marino, Chirkun, Dianda, Green, LaFave and Lucido introduced

House Bill No. 5628, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 226, 227, 304, 323, 518b, 657a, 665, 665b, 732, 732a, 732b, 801e, and 907 (MCL 257.226, 257.227, 257.304, 257.323, 257.518b, 257.657a, 257.665, 257.665b, 257.732, 257.732a, 257.732b, 257.801e, and 257.907), section 226 as amended by 2016 PA 425, section 227 as amended by 2011 PA 92, section 304 as amended by 2017 PA 162, section 323 as amended by 2016 PA 117, section 518b as added by 2016 PA 348, section 657a as added by 2014 PA 491, section 665 as amended by 2016 PA 332, section 665b as added by 2016 PA 333, section 732 as amended by 2017 PA 160, section 732a as amended by 2016 PA 32, section 732b as added by 2014 PA 283, section 801e as amended by 1983 PA 91, and section 907 as amended by 2015 PA 126; and to repeal acts and parts of acts.

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

Reps. LaFave, Chirkun, Dianda, Marino, Green and Lucido introduced

House Bill No. 5629, entitled

A bill to amend 2016 PA 345, entitled “Limousine, taxicab, and transportation network company act,” by amending sections 19, 21, and 23 (MCL 257.2119, 257.2121, and 257.2123).

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

Reps. Lucido, Chirkun, Dianda, Marino, Green and LaFave introduced

House Bill No. 5630, entitled

A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending section 10 (MCL 474.110), as added by 2016 PA 349.

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

Reps. Green, Chirkun, Dianda, Marino, LaFave and Lucido introduced

House Bill No. 5631, entitled

A bill to amend 1951 PA 35, entitled “An act to authorize intergovernmental contracts between municipal corporations; to authorize any municipal corporation to contract with any person or any municipal corporation to furnish any lawful municipal service to property outside the corporate limits of the first municipal corporation for a consideration; to prescribe certain penalties; to authorize contracts between municipal corporations and with certain nonprofit public transportation corporations to form group self-insurance pools; and to prescribe conditions for the performance of those contracts,” by amending section 9 (MCL 124.9), as amended by 2012 PA 571.

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

Reps. Dianda, Chirkun, Marino, Green, Farrington, LaFave and Lucido introduced

House Bill No. 5632, entitled

A bill to amend 1857 PA 72, entitled “An act amendatory to the several acts in relation to the Wesleyan Seminary at Albion, and the Albion Female Collegiate Institute,” by amending section 7b (MCL 390.707b), as added by 2011 PA 220.

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

Reps. Chirkun, Dianda, Marino, Green, LaFave and Lucido introduced

House Bill No. 5633, entitled

A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 209 (MCL 450.2209), as amended by 2014 PA 557.

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

Reps. Alexander, Sheppard, Barrett, Lower, Lucido, Glenn, LaFave, Johnson, Hornberger, Dianda, Zemke, Peterson and Chirkun introduced

House Bill No. 5634, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 709 (MCL 257.709), as amended by 2010 PA 258.

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

Rep. Cole introduced

House Bill No. 5635, entitled

A bill to amend 1911 PA 44, entitled “An act to create a state board of equalization; to prescribe its powers and duties; to provide that said board shall be furnished with certain information by the several boards of supervisors and by the state tax commission; to provide for meeting the expense authorized by this act, and to repeal all acts or parts of acts contravening the provisions of this act,” by amending section 5 (MCL 209.5), as amended by 2001 PA 36.

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

Reps. Cole, Victory, Lucido and Howrylak introduced

House Bill No. 5636, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 12701, 12705, 12711, 12712, and 12713 (MCL 333.12701, 333.12705, 333.12711, 333.12712, and 333.12713), section 12713 as amended by 1980 PA 143.

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

Reps. Durhal, Gay-Dagnogo, Singh and Yancey introduced

House Bill No. 5637, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 139 (MCL 750.139), as amended by 1998 PA 510.

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

Reps. Miller, Leutheuser, Barrett, Cole, Victory, Pagel, Bizon, Whiteford, Kelly, Hernandez, LaFave, Frederick, Roberts, Rendon, Alexander, Griffin, VanderWall, Glenn, Bellino, Howell, Iden, LaSata, Kahle, Calley and Brann introduced

House Bill No. 5638, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32706c (MCL 324.32706c), as added by 2008 PA 181.

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

______

Rep. Wentworth moved that the House adjourn.

The motion prevailed, the time being 2:00 p.m.

Associate Speaker Pro Tempore Tedder declared the House adjourned until Tuesday, February 27, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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