No. 33

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2018

House Chamber, Lansing, Tuesday, April 10, 2018.

1:30 p.m.

The House was called to order by the Speaker.

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

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

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

Alexander—present Garrett—present Kosowski—present Roberts—present

Allor—present Gay-Dagnogo—present LaFave—present Robinson—present

Barrett—present Geiss—present LaGrand—present Runestad—present

Bellino—excused Glenn—present LaSata—present Sabo—present

Bizon—present Graves—present Lasinski—present Santana—present

Brann—present Green—present Lauwers—present Scott—present

Brinks—present Greig—present Leonard—present Sheppard—present

Byrd—present Greimel—present Leutheuser—present Singh—present

Calley—present Griffin—present Liberati—present Sneller—present

Cambensy—present Guerra—present Lilly—present Sowerby—present

Camilleri—present Hammoud—present Love—present Tedder—present

Canfield—present Hauck—present Lower—present Theis—present

Chang—present Hernandez—present Lucido—present VanderWall—present

Chatfield—present Hertel—present Marino—present VanSingel—present

Chirkun—present Hoadley—present Maturen—present Vaupel—present

Clemente—present Hoitenga—present McCready—present VerHeulen—present

Cochran—present Hornberger—present Miller—present Victory—present

Cole—present Howell—present Moss—present Webber—present

Cox—present Howrylak—present Neeley—present Wentworth—present

Crawford—present Hughes—present Noble—present Whiteford—present

Dianda—present Iden—present Pagan—present Wittenberg—present

Durhal—present Inman—present Pagel—present Yancey—present

Elder—present Johnson—present Peterson—present Yanez—present

Ellison—present Jones—present Phelps—present Yaroch—present

Faris—present Kahle—present Rabhi—present Zemke—present

Farrington—present

e/d/s = entered during session

Rev. Adam Grosch, Pastor of Lake Shore Presbyterian Church in St. Clair Shores, offered the following invocation:

“Gracious God, we give You thanks

for the recess that has just occurred;

and the blessings contained in it for each of us.

As this group of people now gathers back together,

To continue the work of this great state,

To continue to work for this great state,

I give You thanks for each and every one of them,

For the communities they come from,

And the people those communities represent.

Only together are we Michigan.

I ask now that You grant each of our Representatives

As well as this entire body

purpose and direction in their work.

Give them divine wisdom and give them discernment in the decisions they face.

Most importantly, O God, grant them the eyes to see what is not easily seen,

Vision not only for today but Vision for tomorrow,

Vision not just for ourselves, but vision for all of us,

Vision not just for us but for our children and our children’s children.

Then give all of us the courage to boldly follow in this direction

That we may live into Your hoped-for future.

We know You hold such vision, O God, for You once said through Your prophet:

‘I know the plans I have for you, plans to prosper you and not for your harm.

Plans to give you a hope and a future.’

Unite this body together in shared-vision.

And where a unified vision fails,

Unite them together in love.

Love for Each Other.

Love for the people of this great state.

And Love for Pure Michigan.

Then help this body unite our entire state, O God,

Governments – Nonprofits – Schools – Churches – and Businesses

That we might work together – all people of goodwill –

To tackle the challenges of our day.

Amen.”

______

Rep. Lauwers moved that Rep. Bellino be excused from today’s session.

The motion prevailed.

______

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

Motions and Resolutions

Reps. Roberts, Calley, Cochran, Elder, Ellison, Faris, Green, Greig, Jones, Kelly, Liberati, Marino, Sabo, Sneller, Yanez and Zemke offered the following resolution:

House Resolution No. 293.

A resolution to declare April 8-14, 2018, as Public Safety Telecommunicators Week in the state of Michigan.

Whereas, Public Safety Telecommunicators Week is celebrated on a national level during the month of April; and

Whereas, Emergencies can occur at any time that require police, fire or emergency medical services. The prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property. The safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone 911 emergency communications centers; and

Whereas, Public safety telecommunicators demonstrate great care and professionalism throughout the various duties of their job. Public safety telecommunicators are the first and most critical contact Michiganders have with emergency services. Public safety telecommunicators are a vital link for our police officers and firefighters by monitoring their activities by radio, providing them information and ensuring their safety; and

Whereas, Public safety telecommunicators have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 8-14, 2018, as Public Safety Telecommunicators Week in the state of Michigan. We recognize the contributions that telecommunicators have made to the Michigan’s communities; and be it further

Resolved, That we commend public safety telecommunicators for helping to ensure the safety of our communities throughout Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Cole, Howell, Glenn, Vaupel, Alexander, Lucido, Hornberger, Sheppard, Lower, LaFave, VanSingel, Roberts, Hoitenga, Wentworth, VanderWall, Rendon, Lauwers, Johnson, Barrett, Pagel, Calley, Greig and Kelly offered the following resolution:

House Resolution No. 294.

A resolution to reject the deceptive and anti-hunting practices of the Humane Society of the United States and instead support local independent humane societies.

Whereas, The Humane Society of the United States (HSUS) bills itself as the largest animal protection organization in the nation, actively working to protect all animals including wildlife, farm animals, and companion animals; and

Whereas, The HSUS propaganda of using monetary donations to help the distressed and endangered animals depicted in late night television commercials is deceptive and misleading. In 2015, the HSUS donated less than 20 percent of its $133 million budget to the actual care and protection of animals. The majority of donations are used to pay the salaries of executives and frivolous lawsuits against pet stores, hardworking farmers, and hunters. In 2014 alone, HSUS paid nearly 40 percent in compensation to its employees; and

Whereas, The HSUS has actively participated and funded efforts in multiple states to diminish conservation through hunting, including Maine, California, Arizona, and Michigan. The HSUS’s actions have had a negative impact on Michigan’s rich hunting and conservation heritage which not only protects and preserves our natural resources, but generates over 46,000 direct jobs and contributes over $3.4 billion in economic impact; and

Whereas, Citizens of Michigan who want to support organizations that protect animals should seek out local, independent humane societies that are not affiliated with the HSUS. Local independent humane societies are in our communities and rely on local donations and volunteers to care for animals. Unlike the HSUS, local independent humane societies prioritize ending animal abuse and assisting animals in our own municipalities, especially those that are abused and neglected. These local organizations, not the HSUS, deserve our time and money to solve problems in our own neighborhoods; now, therefore, be it

Resolved by the House of Representatives, That we reject the deceptive and anti-hunting practices of the Humane Society of the United States and instead support local independent humane societies; and be it further

Resolved, That copies of this resolution be transmitted to the Humane Society of the United States.

The resolution was referred to the Committee on Natural Resources.

Reps. Clemente, Bizon, Brinks, Calley, Cochran, Elder, Faris, Geiss, Green, Greig, Howrylak, Jones, Kahle, Kelly, Lasinski, Leutheuser, Liberati, Marino, Moss, Sabo, Sneller, Sowerby, Wittenberg, Yanez and Zemke offered the following resolution:

House Resolution No. 295.

A resolution to declare April 2018 as Volunteer Month in the state of Michigan.

Whereas, The people of this state have a long history of caring community involvement that has touched countless lives over the years; and

Whereas, Our state has worked through challenging economic times that requires people to come together in aiding and supporting those in need. This support has been instrumental in Michigan’s economic revival; and

Whereas, There is a strong desire within this chamber to highlight the need for and encourage charitable acts of service throughout our state; and

Whereas, The importance of volunteering goes beyond the initial act of kindness and extends throughout out the community; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 2018 as Volunteer Month in the state of Michigan. We urge citizens in every corner of our state to observe this occasion through community projects and acts of kindness toward others; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Greig, Brinks, Clemente, Cochran, Elder, Ellison, Faris, Geiss, Green, Jones, Lasinski, Liberati, Moss, Sabo, Sneller, Sowerby, Wittenberg, Yanez and Zemke offered the following resolution:

House Resolution No. 296.

A resolution to declare April 10, 2018, as Pay Equity Day in the state of Michigan.

Whereas, It has been 55 years since the passage of the Equal Pay Act and even with the passage of Title VII of the Civil Rights Act just one year later, women and people of color continue to suffer the consequences of inequitable pay differentials; and

Whereas, Over a working lifetime, wage disparity costs the average American woman and her family, impacting Social Security benefits and pensions; and

Whereas, Pay discrimination based on any factor is wrong. Employees should be compensated by their employers based solely on their merits; and

Whereas, Fair pay strengthens the security of families today and eases future retirement costs while enhancing the American economy; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare April 10, 2018, as Pay Equity Day in the state of Michigan. We urge Michigan’s citizens to recognize the full value of women’s skills and significant contributions to the labor force.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. LaSata, Hoadley, Griffin, Alexander, Graves, Webber, Rabhi, Hauck, Clemente, Cochran, Ellison, Green, Greig, Jones, Kahle, Kelly, Lasinski, Marino, Sneller, Wittenberg, Yanez and Zemke offered the following concurrent resolution:

House Concurrent Resolution No. 21.

A concurrent resolution to encourage the Michigan Department of Natural Resources to support Michigan’s water trails by advancing youth and safety programs, proposing sustainable funding, and intensifying investments in these programs in collaboration with public, private, and non-profit agencies and work entities.

Whereas, Paddling Michigan’s waterways for recreation and other purposes has been a part of Michigan’s long history. Paddle sports are one of the fastest-growing outdoor activities in the nation, contributing more than $140 million to Michigan’s economy; and

Whereas, Michigan has over 4,700 miles of water trails, traversing Michigan’s remote and natural areas as well as industrial and urban environments. These water trails exist along Michigan’s Great Lakes coastline, connecting to water trails in other states and provinces throughout the Great Lakes basin as well as inland paddling routes. Water trails help support and promote environmental awareness and stewardship of Michigan’s waterways and water quality; and

Whereas, By engaging youth in paddling on water trails, they overcome their fear of the water and develop a better understanding of how to swim and access the water safely; and

Whereas, Many youth lack access to water trails but programs exist in Michigan which engage youth in outdoor recreation and watersports. The Urban Youth Outdoor Kayak Explorer Program, a partnership between the Detroit Youth Connection and River Raisin National Battlefield Park, provides an opportunity for kids to learn about early American history, the environment, and how to kayak. In 2016, 1,359 youth participated in the program. In addition, a collaborative program of the Detroit Recreation Department and Riverside Kayak Connection offers youth kayak instruction as part of their swimming instruction program; and

Whereas, By engaging youth in the development of water trails, through employment and team-based training programs modeled after the Civilian Conservation Corps of the 1930s, they develop an understanding of the availability of water trails and learn green-collar job skills. The federally-funded AmeriCorps program partners with host agencies and entities to support the employment of young people at numerous locations throughout Michigan. Michigan hosts other Youth Conservation Corps programs, such as the one coordinated by SEEDS in Traverse City which has been recognized as a 21st Century Corps by the U.S. Department of the Interior. It empowers youth through labor-intensive conservation, invasive species removal, and stewardship projects on land owned and managed by the Michigan Department of Natural Resources, the National Park Service, the U.S. Forest Service, local governments, and land conservancies; and

Whereas, Safety of users while on Michigan’s water trails is of primary importance. Adequate funding is needed for marine patrol and other rescue agencies as well as water safety education programming and classes on the use of personal flotation devices and general paddle sports safety protocols. The availability of educational materials and programs at paddle sport rental venues is also vital so that people renting equipment have access to accurate information about boater safety. Public safety agencies, parks and recreation departments, local fitness organizations, manufacturers, and other non-profits who care about water safety and public access are all partners in these efforts; and

Whereas, Youth and safety programs are currently underfunded and largely dependent on federal funding or other unpredictable sources of grant funding. Such programs are also offered inconsistently around the state and do not adequately serve public health and safety or water trail development goals; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we encourage the Michigan Department of Natural Resources to support Michigan’s water trails by advancing youth and safety programs, proposing sustainable funding mechanisms, and intensifying investments in these programs in collaboration with the public, private, and non-profit agencies and entities already involved in connecting youth to waterways, employing youth, coordinating invasive species management, and managing water safety and rescue efforts; and be it further

Resolved, That copies of this resolution be transmitted to the Director of the Michigan Department of Natural Resources and the members of the Natural Resources Commission.

The concurrent resolution was referred to the Committee on Appropriations.

Second Reading of Bills

Senate Bill No. 521, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 649 (MCL 257.649).

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 809, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 37, 51, 71, 91, 131, 161, 191, 254, 281, 302, 303, 342, 381, 383, 391, 409, 409b, 411, 413, 413a, 431, 433, 433a, 467, 467a, 467b, 467c, 624, 624a, 631, 635, 642c, 644e, 654a, 657, 667, 668a, 669, 670, 673a, 674, 677, 679, 679a, 682, 683, 690, 694, 719, 741, 743, 762, 764b, 764c, 765, 766, and 957 (MCL 168.37, 168.51, 168.71, 168.91, 168.131, 168.161, 168.191, 168.254, 168.281, 168.302, 168.303, 168.342, 168.381, 168.383, 168.391, 168.409, 168.409b, 168.411, 168.413, 168.413a, 168.431, 168.433, 168.433a, 168.467, 168.467a, 168.467b, 168.467c, 168.624, 168.624a, 168.631, 168.635, 168.642c, 168.644e, 168.654a, 168.657, 168.667, 168.668a, 168.669, 168.670, 168.673a, 168.674, 168.677, 168.679, 168.679a, 168.682, 168.683, 168.690, 168.694, 168.719, 168.741, 168.743, 168.762, 168.764b, 168.764c, 168.765, 168.766, and 168.957), section 37 as added by 2002 PA 91, sections 51, 91, 131, and 383 as amended by 1982 PA 505, sections 71, 161, 191, 281, 342, 391, 409, 411, 431, and 467 as amended by 1999 PA 218, sections 254, 303, 409b, 413, 413a, 433, 433a, 467b, 467c, 624, and 644e as amended by 2012 PA 276, section 302 as amended and section 642c as added by 2011 PA 233, section 381 as amended by 2012 PA 523, section 467a as amended by 1981 PA 4, section 624a as amended by 1988 PA 116, sections 635 and 690 as amended by 2003 PA 302, section 654a as added by 1994 PA 401, section 668a as added by 2004 PA 96, section 669 as amended by 2000 PA 207, sections 673a and 679 as amended by 1996 PA 583, sections 674, 764b, and 765 as amended by 1996 PA 207, section 677 as amended by 2012 PA 157, section 679a as amended by 2012 PA 271, section 719 as amended by 2017 PA 113, section 764c as added by 2012 PA 270, and section 766 as amended by 2005 PA 71; 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-1) previously recommended by the Committee on Elections and Ethics,

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

Rep. Miller moved to amend the bill as follows:

1. Amend page 64, line 9, by striking out all of enacting section 2 and inserting:

“Enacting section 2. This amendatory act takes effect December 31, 2018.”.

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

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

The motion prevailed.

Senate Bill No. 810, entitled

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

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

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

Rep. Miller moved to amend the bill as follows:

1. Amend page 4, line 22, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act takes effect December 31, 2018.”.

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

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

The motion prevailed.

Senate Bill No. 811, entitled

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

The bill was read a second time.

Rep. Miller moved to amend the bill as follows:

1. Amend page 1, line 7, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act takes effect December 31, 2018.”.

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

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

The motion prevailed.

Senate Bill No. 812, entitled

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

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

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

Rep. Miller moved to amend the bill as follows:

1. Amend page 8, line 12, by striking out all of enacting section 2 and inserting:

“Enacting section 2. This amendatory act takes effect December 31, 2018.”.

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

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

The motion prevailed.

Senate Bill No. 813, entitled

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

The bill was read a second time.

Rep. Miller moved to amend the bill as follows:

1. Amend page 3, line 15, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act takes effect December 31, 2018.”.

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

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

The motion prevailed.

Senate Bill No. 814, entitled

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

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Miller moved to amend the bill as follows:

1. Amend page 22, line 20, by striking out all of enacting section 2 and inserting:

“Enacting section 2. This amendatory act takes effect December 31, 2018.”.

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

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

The motion prevailed.

______

Rep. Cole 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 Thursday, March 22:

House Bill Nos. 5742 5743 5744 5745 5746 5747 5748 5749 5750 5751 5752 5753 5754 5755

5756 5757

House Joint Resolution II

The Clerk announced the enrollment printing and presentation to the Governor on Friday, March 23, for his approval of the following bill:

Enrolled House Bill No. 5678 at 2:12 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Monday, March 26, for his approval of the following bills:

Enrolled House Bill No. 5220 at 12:48 p.m.

Enrolled House Bill No. 4633 at 12:50 p.m.

Enrolled House Bill No. 5456 at 12:52 p.m.

Enrolled House Bill No. 4922 at 12:54 p.m.

Enrolled House Bill No. 5097 at 12:56 p.m.

Enrolled House Bill No. 5257 at 12:58 p.m.

Enrolled House Bill No. 5258 at 1:00 p.m.

Enrolled House Bill No. 5282 at 1:24 p.m.

The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, April 10:

Senate Bill Nos. 925 926

Reports of Standing Committees

The Committee on Law and Justice, by Rep. Kesto, Chair, reported

House Bill No. 5377, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33e and 35 (MCL 791.233e and 791.235), section 33e as added by 1992 PA 181 and section 35 as amended by 2012 PA 24.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Kesto, Lucido, Graves, Howrylak, Roberts, Albert, Chang, Robinson and Wittenberg

Nays: None

The Committee on Law and Justice, by Rep. Kesto, Chair, reported

Senate Bill No. 152, entitled

A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending section 5a (MCL 18.355a), as added by 2008 PA 391.

With the recommendation that the bill be referred to the Committee on Families, Children, and Seniors.

Favorable Roll Call

To Report Out:

Yeas: Reps. Kesto, Lucido, Graves, Howrylak, Roberts, Theis, Albert, Chang, Guerra and Liberati

Nays: Rep. Robinson

The recommendation was concurred in and the bill was referred to the Committee on Families, Children, and Seniors.

The Committee on Law and Justice, by Rep. Kesto, Chair, reported

Senate Bill No. 153, entitled

A bill to amend 2008 PA 546, entitled “Sexual assault victims’ medical forensic intervention and treatment act,” by amending section 5 (MCL 400.1535).

With the recommendation that the bill be referred to the Committee on Families, Children, and Seniors.

Favorable Roll Call

To Report Out:

Yeas: Reps. Kesto, Lucido, Graves, Howrylak, Roberts, Theis, Albert, Chang, Guerra and Liberati

Nays: Rep. Robinson

The recommendation was concurred in and the bill was referred to the Committee on Families, Children, and Seniors.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 10, 2018

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

The Committee on Commerce and Trade, by Rep. Leutheuser, Chair, reported

House Bill No. 5726, entitled

A bill to prohibit pyramid promotional schemes; to provide for the powers and duties of certain state and local governmental officers and entities; and to prescribe penalties and provide remedies.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Leutheuser, Garcia, Hughes, Kesto, McCready, Iden, Frederick, Hornberger, Rendon, Camilleri, Greimel, Byrd, Geiss and Neeley

Nays: None

The Committee on Commerce and Trade, by Rep. Leutheuser, Chair, reported

House Bill No. 5727, entitled

A bill to amend 1974 PA 269, entitled “Franchise investment law,” by amending section 28 (MCL 445.1528).

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Leutheuser, Garcia, Hughes, Kesto, McCready, Iden, Frederick, Hornberger, Rendon, Camilleri, Greimel, Byrd, Geiss and Neeley

Nays: None

The Committee on Commerce and Trade, by Rep. Leutheuser, Chair, reported

House Bill No. 5728, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2012 PA 187.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Leutheuser, Garcia, Hughes, Kesto, McCready, Iden, Frederick, Hornberger, Rendon, Camilleri, Greimel, Byrd, Geiss and Neeley

Nays: None

The Committee on Commerce and Trade, by Rep. Leutheuser, Chair, reported

House Bill No. 5729, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 2 (MCL 445.902), as amended by 2006 PA 508.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Leutheuser, Garcia, Hughes, Kesto, McCready, Iden, Frederick, Hornberger, Rendon, Camilleri, Greimel, Byrd, Geiss and Neeley

Nays: None

The Committee on Commerce and Trade, by Rep. Leutheuser, Chair, reported

House Resolution No. 264.

A resolution to honor the memory of Elizabeth Denison Forth.

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

With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 264.

A resolution to commemorate April 12, 2018 as Female African American Landowner’s Day in the state of Michigan.

Whereas, Elizabeth Denison Forth became the first African American female landowner in the state of Michigan on April 12, 1825, when she purchased 48.5 acres of land in Pontiac; and

Whereas, Elizabeth (Lisette) Denison was born a slave in 1786 on the estate of William Tucker in Macomb County, the second of six children to Peter and Hannah Denison; and

Whereas, Lisette Denison and her brother escaped to Canada shortly after 1807 and both returned to Detroit around 1812 as free people. Denison then worked for Solomon Sibley as a domestic servant, investing her pay in land, specifically four lots in Pontiac totaling 48.5 acres. The property is currently part of Oak Hill Cemetery, and a State of Michigan historical marker commemorates her ownership; and

Whereas, Lisette married Scipio Forth in 1827 and in 1831 gained employment with Major John Biddle. Throughout this time Mrs. Denison Forth continued to invest, including buying stock in a steamboat, bank, and a lot in Detroit in 1837. By 1854, she had purchased her own home; and

Whereas, When Mrs. Denison Forth died on August 7, 1866, she had willed a portion of her estate to be used for the construction of a church. Her significant contribution, along with supplemental funds from her employer, William S. Biddle, and his brother James, provided for the construction of St. James Episcopal Church on Grosse Ile, with architect Gordon W. Lloyd hired to design the structure. Construction began in 1867 and was completed the following year. The church’s red doors are dedicated to Mrs. Lisette Forth’s memory and a State of Michigan historical marker commemorates both the church and herself; now, therefore, be it

Resolved by the House of Representatives, that the members of this legislative body recognize April 12, 2018 as Female African American Landowner’s Day in the State of Michigan.

Favorable Roll Call

To Report Out:

Yeas: Reps. Leutheuser, Garcia, Hughes, Kesto, McCready, Iden, Frederick, Hornberger, Rendon, Camilleri, Greimel, Byrd, Geiss and Neeley

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Leutheuser, Chair, of the Committee on Commerce and Trade, was received and read:

Meeting held on: Tuesday, April 10, 2018

Present: Reps. Leutheuser, Garcia, Hughes, Kesto, McCready, Iden, Frederick, Hornberger, Rendon, Camilleri, Greimel, Byrd, Geiss and Neeley

Absent: Rep. Scott

Excused: Rep. Scott

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

House Bill No. 5686, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending sections 1 and 2 (MCL 28.291 and 28.292), section 1 as amended by 2012 PA 25 and section 2 as amended by 2017 PA 31.

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

Nays: None

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

House Bill No. 5687, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 307 and 310 (MCL 257.307 and 257.310), section 307 as amended by 2017 PA 32 and section 310 as amended by 2016 PA 219.

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

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 10, 2018

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

Messages from the Senate

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.

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.

Messages from the Governor

Date: March 26, 2018

Time: 12:22 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5120 (Public Act No. 83, I.E.), being

An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 15a.

(Filed with the Secretary of State March 26, 2018, at 2:54 p.m.)

Date: March 26, 2048

Time: 12:18 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4811 (Public Act No. 92, I.E.), being

An act to amend 2000 PA 92, entitled “An act to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture and rural development; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for immunity to certain persons under certain circumstances; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts,” by amending sections 1109, 1111, 3119, 4103, and 7112 (MCL 289.1109, 289.1111, 289.3119, 289.4103, and 289.7112), section 1109 as amended by 2015 PA 142, sections 1111 and 3119 as amended by 2016 PA 188, and section 4103 as amended and section 7112 as added by 2012 PA 178.

(Filed with the Secretary of State March 26, 2018, at 3:12 p.m.)

Date: March 26, 2018

Time: 12:20 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4812 (Public Act No. 93, I.E.), being

An act to amend 1975 PA 120, entitled “An act to license and regulate the manufacture and distribution of commercial feeds; to require fees; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending sections 3, 4, 5, 6, 13, and 14 (MCL 287.523, 287.524, 287.525, 287.526, 287.533, and 287.534), as amended by 2015 PA 83.

(Filed with the Secretary of State March 26, 2018, at 3:14 p.m.)

Date: March 26, 2018

Time: 12:24 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5227 (Public Act No. 94, I.E.), being

An act to regulate the distribution and planting of seed potatoes; to prescribe the powers and duties of the department of agriculture and rural development; and to provide remedies and prescribe penalties.

(Filed with the Secretary of State March 26, 2018, at 3:16 p.m.)

Date: April 2, 2018

Time: 11:54 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4633 (Public Act No. 102, I.E.), being

An act to amend 1968 PA 319, entitled “An act to provide a uniform crime reporting system; to provide for the submitting of such report to the department of state police; to require submission of the report by certain police agencies; to require the reporting on wanted persons and stolen vehicles; to require the reporting of information regarding certain persons and unidentified bodies of deceased persons; to prescribe certain powers and duties of law enforcement agencies; and to vest the director of the department of state police with certain authority,” by amending section 8 (MCL 28.258), as amended by 2006 PA 450.

(Filed with the Secretary of State April 5, 2018, at 2:50 p.m.)

Date: April 2, 2018

Time: 11:58 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4922 (Public Act No. 108, 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 217c (MCL 257.217c), as amended by 2016 PA 369.

(Filed with the Secretary of State April 5, 2018, at 3:02 p.m.)

Date: April 2, 2018

Time: 12:03 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5257 (Public Act No. 95, 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 section 409b.

(Filed with the Secretary of State April 2, 2018, at 4:10 p.m.)

Date: April 2, 2018

Time: 12:05 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5258 (Public Act No. 96, 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 16t of chapter XVII (MCL 777.16t), as amended by 2013 PA 216.

(Filed with the Secretary of State April 2, 2018, at 4:12 p.m.)

Date: April 2, 2018

Time: 12:01 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5097 (Public Act No. 97, I.E.), being

An act to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 19b of chapter IV (MCL 224.19b), as amended by 2016 PA 456.

(Filed with the Secretary of State April 2, 2018, at 4:14 p.m.)

Date: April 2, 2018

Time: 11:52 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5220 (Public Act No. 98, 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,” by amending section 224d (MCL 750.224d), as amended by 2010 PA 365.

(Filed with the Secretary of State April 2, 2018, at 4:16 p.m.)

Date: April 2, 2018

Time: 12:07 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5282 (Public Act No. 99, 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 323 (MCL 257.323), as amended by 2016 PA 117.

(Filed with the Secretary of State April 2, 2018, at 4:18 p.m.)

Date: April 2, 2018

Time: 11:56 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5456 (Public Act No. 100, 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,” (MCL 600.101 to 600.9947) by adding chapter 30A.

(Filed with the Secretary of State April 2, 2018, at 4:20 p.m.)

Date: April 2, 2018

Time: 11:50 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 5678 (Public Act No. 101, 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 7303a (MCL 333.7303a), as amended by 2017 PA 249.

(Filed with the Secretary of State April 2, 2018, at 4:22 p.m.)

Communications from State Officers

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

Notices of Filing

Administrative Rules

March 8, 2018

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-037-LR (Secretary of State Filing #18-03-05) on this date at 4:11 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Board of Nursing – General Rules”.

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

March 8, 2018

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-035-IF (Secretary of State Filing #18-03-06) on this date at 4:11 P.M. for the Department of Insurance and Financial Services entitled, “Certificates of No-Fault Self-Insurance”.

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

March 8, 2018

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-040-LR (Secretary of State Filing #18-03-07) on this date at 4:11 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Workers’ Compensation Health Care Services”.

These rules take effect 7 days after filing with the Secretary of State.

March 21, 2018

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-016-LR (Secretary of State Filing #18-03-08) on this date at 3:53 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Responsibilities of Providers of Basic Local Exchange Service that Cease to Provide the Service”.

These rules take effect upon filing with the Secretary of State.

March 22, 2018

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-089-TB (Secretary of State Filing #18-03-09) on this date at 3:57 P.M. for the Department of Technology, Management and Budget entitled, “Federal Surplus Property Program”.

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

March 22, 2018

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2017-088-LR (Secretary of State Filing #18-03-10) on this date at 3:57 P.M. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety and Health Standard, Telecommunications Industry”.

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

April 3, 2018

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2018-004-IF (Secretary of State Filing #18-04-01) on this date at 4:54 P.M. for the Department of Insurance and Financial Services entitled, “Petition Requesting Promulgation, Amendment, or Rescission of Rules”.

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

April 3, 2018

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2018-005-IF (Secretary of State Filing #18-04-02) on this date at 4:54 P.M. for the Department of Insurance and Financial Services entitled, “Procedures for Informal Managerial-Level Conferences and Review by Commissioner of Insurance”.

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

April 3, 2018

In accordance with the provisions of Section 46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph 16 of Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2018-006-IF (Secretary of State Filing #18-04-03) on this date at 4:54 P.M. for the Department of Insurance and Financial Services entitled, “Certificates – Discretionary Clauses”.

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

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

The following communication from the Department of State Police was received and read:

March 30, 2018

Pursuant to Section 3 of the Methamphetamine Reporting Act, 2006 PA 262, MCL 28.193, the Michigan State Police hereby submits the FY 2017 Methamphetamine- Related Criminal Incidents Report.

Please see the attached report, and any questions you may have can be directed to Ms. Amanda Baker, Director, Michigan State Police, Budget and Financial Services at 517-599-5774.

Thank you,

Julie Smith

Executive Secretary to:

 Ms. Amanda Baker, Director

Budget and Financial Services

Michigan State Police

517-284-3286

The communication was referred to the Clerk.

Introduction of Bills

Rep. Lucido introduced

House Bill No. 5758, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7xx; and to repeal acts and parts of acts.

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

Rep. Lucido introduced

House Bill No. 5759, entitled

A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties.

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

Rep. Lucido introduced

House Bill No. 5760, entitled

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

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

Reps. Bellino, LaFave, Barrett, Johnson, Griffin and Kahle introduced

House Bill No. 5761, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 106 (MCL 750.106).

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

Reps. Kahle, Bellino and Griffin introduced

House Bill No. 5762, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2014 PA 539.

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

Reps. Griffin, Bellino and Kahle introduced

House Bill No. 5763, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16e of chapter XVII (MCL 777.16e), as amended by 2015 PA 213.

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

Reps. Dianda, Chirkun, Lasinski, Garrett and Gay-Dagnogo introduced

House Bill No. 5764, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 10 of chapter IV (MCL 224.10), as amended by 2004 PA 516.

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

Rep. VanderWall introduced

House Bill No. 5765, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 319 (MCL 257.319), as amended by 2016 PA 358.

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

Reps. Cole, LaGrand, Sheppard, Miller, Victory, Alexander and Howrylak introduced

House Bill No. 5766, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 698 and 717 (MCL 257.698 and 257.717), section 698 as amended by 2017 PA 37 and section 717 as amended by 2014 PA 391.

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

Reps. Hauck, Iden, McCready, Bellino, Faris, Sheppard, Webber, Inman, Roberts, Sneller, Wentworth, Peterson, Durhal, Lilly, Miller, VanderWall, Crawford, Leutheuser, Vaupel, Barrett, Sabo, Griffin, VanSingel, Hertel, Singh, Lucido, Frederick, Elder, Chirkun, Marino, Yanez, Byrd, Gay-Dagnogo, Ellison, Clemente, Sowerby, Kahle, Moss, Neeley, Camilleri, Phelps, Dianda, Greimel, Jones, Guerra, Greig, Yancey, Lower, Howell, Kosowski, Love, Liberati, Allor, Hoitenga, LaSata, Kesto, Brann, Green, Hornberger, Afendoulis, Calley, Garcia, Wittenberg, Cambensy, Pagel, Hernandez, Cochran, Cox, Whiteford, Rendon, Tedder, Lasinski, LaFave, Cole, Victory, Alexander, Chang and Zemke introduced

House Bill No. 5767, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 610c.

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

Reps. Iden, McCready, Hauck, Durhal, Bellino, Faris, Sheppard, Webber, Inman, Roberts, Sneller, Wentworth, Lilly, Peterson, Miller, Leutheuser, Crawford, VanderWall, Vaupel, Barrett, Sabo, Griffin, VanSingel, Hertel, Singh, Lucido, Frederick, Chirkun, Yanez, Elder, Marino, Gay-Dagnogo, Ellison, Camilleri, Clemente, Sowerby, Kahle, Moss, Guerra, Neeley, Phelps, Greig, Dianda, Lower, Jones, Greimel, Howell, Byrd, Yancey, Kosowski, Love, Liberati, Allor, Hoitenga, LaSata, Kesto, Brann, Green, Hornberger, Afendoulis, Garcia, Calley, Wittenberg, Cambensy, Pagel, Hernandez, Cochran, Cox, Whiteford, Rendon, Tedder, Lasinski, LaFave, Cole, Victory, Alexander, Chang and Zemke introduced

House Bill No. 5768, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 204.

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

Rep. Rendon introduced

House Bill No. 5769, entitled

A bill to repeal 1956 PA 181, entitled “An act to authorize the department of social welfare to acquire options on a site for and to purchase, subject to the approval of the state administrative board, a site for a boys’ vocational school; to authorize planning for site utilization and the preparation of plans; to make appropriations therefor and to repeal certain acts and parts of acts,” (MCL 803.211 to 803.215).

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

Reps. Barrett, Lower and Albert introduced

House Bill No. 5770, entitled

A bill to amend 2000 PA 190, entitled “Privately owned cervidae producers marketing act,” by amending section 6 (MCL 287.956), as amended by 2006 PA 561.

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

Reps. Albert, Lower and Barrett introduced

House Bill No. 5771, entitled

A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending section 30a (MCL 287.730a), as amended by 2002 PA 458.

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

Reps. Lower, Albert and Barrett introduced

House Bill No. 5772, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 43540f.

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

Reps. Faris, Sabo, Hoadley, Cochran, Gay-Dagnogo, Lasinski, Yanez, Sneller and Chirkun introduced

House Bill No. 5773, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20191 (MCL 333.20191), as amended by 2010 PA 119.

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

Reps. Hoadley, Moss, Sneller, Zemke, Wittenberg, Gay-Dagnogo, Liberati, Singh, Greig, Pagan, Chang, Sowerby, Ellison and Camilleri introduced

House Bill No. 5774, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 329b.

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

Rep. Hauck introduced

House Bill No. 5775, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 59 (MCL 750.59).

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

Reps. Tedder, Lucido, Brinks and Miller introduced

House Bill No. 5776, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 18101, 18107, 18111, and 18115 (MCL 333.18101, 333.18107, 333.18111, and 333.18115), sections 18101 and 18111 as added by 1988 PA 421, section 18107 as amended by 1989 PA 262, and section 18115 as amended by 2006 PA 429, and by adding section 18106.

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

Reps. Brann, Lucido, Glenn, Bellino, Lilly, Iden, Webber, Wentworth, Lower, Allor, Marino and Hughes introduced

House Bill No. 5777, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278 (MCL 380.1278), as amended by 2016 PA 170, and by adding section 1166a.

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

Rep. Albert introduced

House Bill No. 5778, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending sections 2, 3, and 22 (MCL 287.1102, 287.1103, and 287.1122), section 2 as amended by 2016 PA 305 and section 22 as amended by 2013 PA 8, and by adding sections 22a, 22b, and 22c.

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

Announcements by the Clerk

March 27, 2018

Received from the Auditor General a copy of the:

• Performance audit report on the State Child Abuse and Neglect Prevention Board (Children’s Trust Fund), Michigan Department of Health and Human Services (431-0178-17), March 2018.

April 5, 2018

Received from the Auditor General a copy of the:

• Performance audit report on the Michigan Virtual University (MVU) in collaboration with the Michigan Department of Education (313-0223-17), April 2018.

Gary L. Randall

Clerk of the House

______

Rep. Scott moved that the House adjourn.

The motion prevailed, the time being 3:05 p.m.

Associate Speaker Pro Tempore Tedder declared the House adjourned until Wednesday, April 11, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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