No. 84
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
99th Legislature
REGULAR SESSION OF 2017
House Chamber, Lansing, Tuesday, October 31, 2017.
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—excused Kosowski—present Roberts—present
Allor—present Gay-Dagnogo—present LaFave—present Robinson—present
Barrett—present Geiss—present LaGrand—present Runestad—present
Bellino—present Glenn—present LaSata—present Sabo—present
Bizon—present Graves—present Lasinski—present Santana—present
Brann—present Green—present Lauwers—present Schor—present
Brinks—present Greig—present Leonard—present Scott—present
Byrd—present Greimel—present Leutheuser—present Sheppard—present
Calley—present Griffin—present Liberati—present Singh—present
Camilleri—present Guerra—present Lilly—present Sneller—present
Canfield—present Hammoud—present Love—present Sowerby—present
Chang—present Hauck—present Lower—present Tedder—present
Chatfield—present Hernandez—present Lucido—present Theis—present
Chirkun—present Hertel—present Marino—present VanderWall—present
Clemente—present Hoadley—present Maturen—present VanSingel—present
Cochran—present Hoitenga—present McCready—present Vaupel—present
Cole—present Hornberger—present Miller—present VerHeulen—present
Cox—present Howell—present Moss—present Victory—present
Crawford—present Howrylak—present Neeley—present Webber—present
Dianda—present Hughes—present Noble—present Wentworth—present
Durhal—present Iden—present Pagan—present Whiteford—present
Elder—present Inman—present Pagel—present Wittenberg—present
Ellison—present Johnson—present Peterson—present Yanez—present
Faris—present Jones—present Phelps—present Yaroch—present
Farrington—present Kahle—present Rabhi—present Zemke—present
e/d/s = entered during session
Rev. William L. Dyke, Chaplain of Clare County Sheriff Department in Harrison, offered the following invocation:
“Almighty God, Creator of Heaven and Earth, We call upon You, and invite Your Presence into this meeting.
That in accordance with Holy Scripture, we pray, from Your Own Word:
3 His divine power has given us everything we need for a godly life through our knowledge of Him Who called us by His own glory and goodness. 4 Through these He has given us His very great and precious promises, so that through them you may participate in the divine nature, having escaped the corruption in the world caused by evil desires. (2 Peter 1:3-4).
I ask, that You impart Your divine wisdom and knowledge upon all the leaders represented here today. As they reason together; they would seek Your face and call upon Your wisdom in their deliberations. For Your Word reveals,
5 If any of you lacks wisdom, let him ask of God, Who gives to all liberally and without reproach, and it will be given to him. (James 1:5).
I ask Your blessing upon this institution and those represented here. I pray that, all accomplished here would be to the benefit of all the people in the Great state of Michigan. I pray that everything said and done would be in agreement with Your Sovereign Will. Amen…”
______
The Speaker called the Speaker Pro Tempore to the Chair.
______
Rep. Greig moved that Rep. Garrett be excused from today’s session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
Senate Bill No. 253, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies and capital outlay purposes for the fiscal years ending September 30, 2017 and September 30, 2018; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
(The bill was received from the Senate on October 19, with amendments to the House substitute (H-1), consideration of which, under the rules, was postponed until October 24, see House Journal No. 80, p. 1793.)
The question being on concurring in the amendments to the House substitute (H-1) made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 335 Yeas—105
Afendoulis Garcia Kosowski Rendon
Albert Gay-Dagnogo LaFave Roberts
Alexander Geiss LaGrand Robinson
Allor Glenn LaSata Runestad
Barrett Graves Lasinski Sabo
Bellino Green Lauwers Santana
Bizon Greig Leonard Schor
Brann Greimel Leutheuser Scott
Brinks Griffin Liberati Sheppard
Byrd Guerra Lilly Singh
Camilleri Hammoud Love Sneller
Canfield Hauck Lower Sowerby
Chang Hernandez Lucido Tedder
Chatfield Hertel Marino Theis
Chirkun Hoadley Maturen VanderWall
Clemente Hoitenga McCready VanSingel
Cochran Hornberger Miller Vaupel
Cole Howell Moss VerHeulen
Cox Howrylak Neeley Victory
Crawford Hughes Noble Webber
Dianda Iden Pagan Wentworth
Durhal Inman Pagel Whiteford
Elder Jones Peterson Wittenberg
Ellison Kahle Phelps Yanez
Faris Kelly Rabhi Yaroch
Farrington Kesto Reilly Zemke
Frederick
Nays—2
Calley Johnson
In The Chair: Chatfield
Second Reading of Bills
House Bill No. 4420, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2009 PA 241.
The bill was read a second time.
Rep. Tedder moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 107, entitled
A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 126 (MCL 125.526), as amended by 2016 PA 14.
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 278, entitled
A bill entering into the interstate library compact; and for related purposes.
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4922, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 217c (MCL 257.217c), as amended by 2016 PA 369.
The bill was read a second time.
Rep. Yaroch moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 120, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2015 PA 208.
The bill was read a second time.
Rep. Cole 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. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4535, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 255 (MCL 257.255), as amended by 2003 PA 9.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation and Infrastructure,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. VanderWall moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4807, entitled
A bill to amend 1921 PA 246, entitled “An act to regulate the service, rates, fares and charges of carriers by water within this state,” by amending sections 1, 2, 3, 4, 5, and 6 (MCL 460.201, 460.202, 460.203, 460.204, 460.205, and 460.206) and by adding section 7.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation and Infrastructure,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4839, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 219 and 258 (MCL 257.219 and 257.258), section 219 as amended by 2010 PA 155 and section 258 as amended by 1999 PA 73.
The bill was read a second time.
Rep. VanderWall moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Tedder to the Chair.
House Bill No. 4956, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2017 PA 35.
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.
House Bill No. 4218, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 14d.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Leutheuser moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4470, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204 and 5807 (MCL 600.3204 and 600.5807), section 3204 as amended by 2014 PA 125.
The bill was read a second time.
Rep. Iden moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4471, entitled
A bill to enact the uniform commercial real estate receivership act; to provide for the appointment of receivers to take possession of commercial real property of another and to receive, collect, care for, and dispose of the property or proceeds of the property; and to provide remedies related to the receiverships.
The bill was read a second time.
Rep. Iden moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 553, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24 (MCL 211.24), as amended by 2016 PA 25.
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 554, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 913 (MCL 450.1913), as amended by 1989 PA 121.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism and Outdoor Recreation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 555, entitled
A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 913 (MCL 450.2913), as amended by 2014 PA 557.
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 556, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1428 (MCL 600.1428), as added by 2013 PA 199.
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 557, entitled
A bill to amend 1964 PA 105, entitled “An act to provide for reproduction of records of this state, political subdivisions of this state, and municipal courts of record; and to provide for the use of those reproductions as evidence,” by amending section 1 (MCL 691.1101), as amended by 1992 PA 187.
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 558, entitled
A bill to amend 1957 PA 29, entitled “An act to provide for the disposition of certain files and records in the probate courts of this state,” by amending section 1 (MCL 720.551), as amended by 2015 PA 92.
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 559, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 491 (MCL 750.491).
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 560, entitled
A bill to amend 2008 PA 288, entitled “Legal defense fund act,” by amending section 11 (MCL 15.531).
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 561, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 16 (MCL 169.216), as amended by 2000 PA 50.
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 562, entitled
A bill to amend 1955 PA 10, entitled “Michigan historical markers act,” by amending sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 (MCL 399.151, 399.152, 399.153, 399.154, 399.155, 399.156, 399.157, 399.158, 399.159, and 399.160), sections 1 and 2 as amended and sections 3, 4, 5, 6, 7, 8, 9, and 10 as added by 2002 PA 488.
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 563, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 63502 (MCL 324.63502), as amended by 2001 PA 78.
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 564, entitled
A bill to amend 2016 PA 470, entitled “Michigan historical center act,” by amending the title and sections 1, 2, 3, 7, and 8 (MCL 399.801, 399.802, 399.803, 399.807, and 399.808).
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 565, entitled
A bill to amend 2016 PA 469, entitled “Michigan historical commission act,” by amending sections 2 and 3 (MCL 399.832 and 399.833).
The bill was read a second time.
Rep. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4671, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509o (MCL 168.509o), as added by 1994 PA 441, and by adding section 645a.
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. Webber moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5012, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 862 and 879 (MCL 168.862 and 168.879), section 862 as amended by 2003 PA 302 and section 879 as amended by 1999 PA 216.
The bill was read a second time.
Rep. Lilly moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 290, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 867 and 881 (MCL 168.867 and 168.881), as amended by 2014 PA 406.
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. Lauwers moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Lauwers moved that Rep. Kelly be excused temporarily from today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 415, entitled
A bill to amend 1964 PA 283, entitled “Weights and measures act,” (MCL 290.601 to 290.635) by adding section 28f.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 336 Yeas—101
Afendoulis Frederick Kesto Roberts
Albert Garcia Kosowski Robinson
Alexander Gay-Dagnogo LaGrand Runestad
Allor Geiss LaSata Sabo
Bellino Glenn Lasinski Santana
Bizon Graves Lauwers Schor
Brann Green Leonard Scott
Brinks Greig Leutheuser Sheppard
Byrd Greimel Lilly Singh
Calley Griffin Love Sneller
Camilleri Guerra Lower Sowerby
Canfield Hammoud Lucido Tedder
Chang Hauck Marino Theis
Chatfield Hernandez Maturen VanderWall
Chirkun Hertel McCready VanSingel
Clemente Hoadley Miller Vaupel
Cochran Hoitenga Moss VerHeulen
Cole Hornberger Neeley Victory
Cox Howell Noble Webber
Crawford Howrylak Pagan Wentworth
Dianda Hughes Pagel Whiteford
Durhal Iden Peterson Wittenberg
Elder Inman Phelps Yanez
Ellison Jones Rabhi Yaroch
Faris Kahle Rendon Zemke
Farrington
Nays—5
Barrett LaFave Liberati Reilly
Johnson
In The Chair: Tedder
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to regulate and provide standards for weights and measures, and the packaging and advertising of certain commodities; to provide for a state director and other officials and to prescribe their powers and duties; to provide a fee system for certain inspections and tests; to provide penalties for fraud and deception in the use of false weights and measures and other violations; and to repeal certain acts and parts of acts,”
The House agreed to the full title.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. 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 Thursday, October 26:
House Bill Nos. 5183 5184 5185 5186 5187 5188 5189
House Joint Resolution Y
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, October 31, for his approval of the following bills:
Enrolled House Bill No. 4181 at 1:56 p.m.
Enrolled House Bill No. 4547 at 1:58 p.m.
Enrolled House Bill No. 4548 at 2:00 p.m.
The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, October 31:
Senate Bill Nos. 638 639 640 641
The Clerk announced that the following Senate bill had been received on Tuesday, October 31:
Senate Bill No. 606
Reports of Standing Committees
The Committee on Law and Justice, by Rep. Kesto, Chair, reported
House Bill No. 4486, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2016 PA 488.
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. Kesto, Lucido, Graves, Howrylak, Roberts, Theis, Albert, Chang, Guerra and Wittenberg
Nays: Rep. Robinson
The Committee on Law and Justice, by Rep. Kesto, Chair, reported
House Bill No. 4487, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2012 PA 195.
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. Kesto, Lucido, Graves, Roberts, Theis, Albert, Chang, Guerra and Wittenberg
Nays: Rep. Robinson
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, October 31, 2017
Present: Reps. Kesto, Lucido, Graves, Howrylak, Roberts, Theis, Albert, Chang, Robinson, Guerra and Wittenberg
Absent: Rep. Liberati
Excused: Rep. Liberati
The Committee on Commerce and Trade, by Rep. Leutheuser, Chair, reported
House Bill No. 5095, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3112 (MCL 324.3112), as amended by 2005 PA 33.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 3, line 23, after “COMPLIES WITH” by striking out the balance of the line and inserting “THE FEDERAL AQUATIC NUISANCE RULE AS THEN IN EFFECT. HOWEVER, IF THE FEDERAL AQUATIC NUISANCE RULE IS AMENDED AFTER THE ENACTMENT DATE OF THE 2017 AMENDATORY ACT THAT ADDED SUBSECTION (8), AND THE DIRECTOR DETERMINES THAT THE AMENDED VERSION OF THE FEDERAL AQUATIC NUISANCE RULE IS LESS PROTECTIVE OF THE WATERS OF THIS STATE FROM AQUATIC NUISANCE SPECIES, THE APPLICANT SHALL DEMONSTRATE THAT THE OCEANGOING VESSEL COMPLIES WITH THE FEDERAL AQUATIC NUISANCE RULE AS IN EFFECT IMMEDIATELY BEFORE THE EFFECTIVE DATE OF THAT AMENDMENT TO THE FEDERAL AQUATIC NUISANCE RULE. FURTHERMORE, IF PURSUANT TO A COMPACT OF GREAT LAKES STATES OF WHICH THIS STATE IS A PART, THIS STATE ADOPTS STANDARDS MORE PROTECTIVE OF THE WATERS OF THIS STATE FROM AQUATIC NUISANCE SPECIES THAN THE VERSION OF THE FEDERAL AQUATIC NUISANCE RULE OTHERWISE APPLICABLE UNDER THIS SUBSECTION, THE STANDARDS ADOPTED PURSUANT TO THE COMPACT APPLY. THE INTENT OF THE LEGISLATURE IN ADOPTING THE FEDERAL AQUATIC NUISANCE RULE BY REFERENCE IS TO HELP HARMONIZE REGULATORY PROGRAMS IN GREAT LAKES STATES FOR PREVENTING THE INTRODUCTION AND SPREAD OF AQUATIC NUISANCE SPECIES IN THE GREAT LAKES, INCLUDING BALLAST WATER MANAGEMENT PROGRAMS, AND TO ALLOW REGULATORY AGENCIES TO COOPERATE IN DEVELOPING STRONGER PROGRAMS.
(7)”.
2. Amend page 4, following line 5, by inserting:
“(8) AS USED IN THIS SECTION, “FEDERAL AQUATIC NUISANCE RULE” MEANS 33 CFR PART 151, SUBPART C, AND APPLICABLE REQUIREMENTS OF 33 CFR 151.2050, 151.2060, AND 151.2070.”.
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Leutheuser, Garcia, Kesto, Iden, Frederick, Hornberger, Rendon, Schor and Scott
Nays: Reps. Hughes, McCready and Camilleri
The Committee on Commerce and Trade, by Rep. Leutheuser, Chair, reported
Senate Bill No. 520, entitled
A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending section 9523 (MCL 440.9523), as added by 2000 PA 348.
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. Leutheuser, Garcia, Hughes, Kesto, McCready, Iden, Frederick, Hornberger, Rendon, Schor, Greimel, Geiss, Camilleri and Scott
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, October 31, 2017
Present: Reps. Leutheuser, Garcia, Hughes, Kesto, McCready, Iden, Frederick, Hornberger, Rendon, Schor, Greimel, Geiss, Camilleri and Scott
Absent: Rep. Byrd
Excused: Rep. Byrd
The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported
House Bill No. 4705, entitled
A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657), as amended by 2014 PA 317.
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. Cole, Webber, Lucido, Maturen, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported
House Bill No. 4881, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 225 (MCL 257.225), as amended by 2014 PA 26.
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. Cole, Webber, Lucido, Maturen, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller
Nays: None
The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported
House Bill No. 4945, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 657a (MCL 257.657a), as added by 2014 PA 491.
With the recommendation that the substitute (H-4) 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 Sneller
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, October 31, 2017
Present: Reps. Cole, Webber, Lucido, Maturen, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller
The Committee on Judiciary, by Rep. Runestad, Chair, reported
House Bill No. 5121, entitled
A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 3 (MCL 722.953), as amended by 2014 PA 524, and by adding section 8b.
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. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Robinson, Guerra and Sowerby
Nays: None
The Committee on Judiciary, by Rep. Runestad, Chair, reported
House Bill No. 5122, entitled
A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” (MCL 722.951 to 722.960) by adding section 8c.
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. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Robinson, Guerra and Sowerby
Nays: None
The Committee on Judiciary, by Rep. Runestad, Chair, reported
House Bill No. 5123, entitled
A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” (MCL 722.951 to 722.960) by adding section 8d.
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. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Robinson, Guerra and Sowerby
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Runestad, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, October 31, 2017
Present: Reps. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Robinson, Guerra and Sowerby
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Frederick, Chair, of the Committee on Workforce and Talent Development, was received and read:
Meeting held on: Tuesday, October 31, 2017
Present: Reps. Frederick, Kahle, Crawford, Iden, Leutheuser, Wentworth, Love, Geiss and Scott
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Glenn, Chair, of the Committee on Energy Policy, was received and read:
Meeting held on: Tuesday, October 31, 2017
Present: Reps. Glenn, Hauck, Barrett, Cole, Tedder, Bellino, Farrington, Griffin, Johnson, LaFave, Lower, Reilly, Lasinski, Dianda, Camilleri, Elder, Green and Sneller
Absent: Rep. Garrett
Excused: Rep. Garrett
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hoitenga, Chair, of the Committee on Communications and Technology, was received and read:
Meeting held on: Tuesday, October 31, 2017
Present: Reps. Hoitenga, Griffin, Glenn, Runestad, Sheppard, Tedder, Lower, Phelps, Hertel, Jones and Lasinski
Messages from the Senate
House Bill No. 4171, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1106, 5303, 5305, and 5314 (MCL 700.1106, 700.5303, 700.5305, and 700.5314), section 1106 as amended by 2009 PA 46 and sections 5303, 5305, and 5314 as amended by 2013 PA 157.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4173, entitled
A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending sections 6 and 26a (MCL 400.706 and 400.726a), section 6 as amended by 1998 PA 442 and section 26a as added by 1996 PA 194, and by adding section 26c.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4174, entitled
A bill to amend 1996 PA 193, entitled “Michigan do-not-resuscitate procedure act,” by amending sections 2 and 11 (MCL 333.1052 and 333.1061), as amended by 2013 PA 155, and by adding section 11a.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4170, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20919 (MCL 333.20919), as amended by 2014 PA 312, and by adding part 56B and section 20192a.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 606, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 14a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Messages from the Governor
The following message from the Governor was received October 30, 2017 and read:
EXECUTIVE ORDER
No. 2017 - 9
OFFICE OF THE GREAT LAKES
DEPARTMENT OF NATURAL RESOURCES
EXECUTIVE REORGANIZATION
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and
WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and
WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department of state government shall be under the supervision of the Governor, unless otherwise provided in the Constitution; and
WHEREAS, Section 52 of Article IV of the Michigan Constitution of 1963 declares the conservation and development of the natural resources of this state to be of paramount public concern in the interest of the health, safety, and general welfare of the people; and
WHEREAS, there is a continued need to reorganize the functions among state departments for efficient administration; and
WHEREAS, internal alignment of programs, policies, and communication between Office of the Great Lakes habitat management units and Department of Natural Resources programs such as the Fisheries Division’s Science and Assessment Program and Habitat Management Unit, Habitat Grants Programs, Wildlife Division, and Parks and Recreation Division would strengthen and streamline implementation of Office of the Great Lakes programs; and
WHEREAS, integration of the Office of the Great Lakes’ coordination and policy development role with the Department of Natural Resources’ applied science and management programs would more directly inform policy and management for the natural resources of the Great Lakes; and
WHEREAS, the Office of the Great Lakes will continue to coordinate with the Department of Environmental Quality for achieving alignment during the development of policies, programs, and procedures to protect, enhance, and manage the Great Lakes; and
WHEREAS, it is necessary in the interests of efficient administration and good government to effect these changes in the organization of the Executive Branch of government.
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. “Department of Environmental Quality” means the principal department of state government created as the Department of Environmental Quality under Executive Order 2011-1, MCL 324.99921.
B. “Department of Natural Resources” means the principal department of state government created as the Department of Natural Resources under Executive Order 2011-1, MCL 324.99921.
C. “Great Lakes Management Unit” means the unit created within the Office of the Great Lakes for implementing the Areas of Concern and Lakewide Management Annexes under the Great Lakes Water Quality Agreement of 1978.
D. “Michigan Coastal Zone Management Program” means the program created within the Office of the Great Lakes for Michigan’s implementation of Coastal Zone Management Act of 1972, 16 USC 1456.
E. “Office of the Great Lakes” means the Office of the Great Lakes created under Section 32903 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.32903, subsequently transferred to the Department of Environmental Quality by Executive Order 1995-18, MCL 324.99903, transferred by Type I transfer to the Department of Natural Resources and Environment by Executive Order 2009-45, and transferred by Type I transfer to the Department of Environmental Quality by Executive Order 2011-1, MCL 324.99921.
II. TRANSFER OF THE OFFICE OF THE GREAT LAKES AND ITS PROGRAMS TO THE DEPARTMENT OF NATURAL RESOURCES
A. The Office of the Great Lakes is transferred intact from the Department of Environmental Quality to the Department of Natural Resources. All the authority, powers, duties, functions, responsibilities of the Department of Environmental Quality associated with the Office of the Great Lakes, including but not limited to the Great Lakes Management Unit and the Michigan Coastal Zone Management Program, are transferred to the Department of Natural Resources pursuant to this Order.
B. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Environmental Quality for the activities, powers, duties, functions, and responsibilities transferred to the Department of Natural Resources by this Order are transferred to the Department of Natural Resources.
C. The Director of the Office of the Great Lakes shall remain an appointee of the Governor as a cabinet level position.
III. IMPLEMENTATION
A. The Director of the Department of Natural Resources, after consultation with the Director of the Department of Environmental Quality, shall provide executive direction and supervision for the implementation of the transfer. The Director of the Department of Natural Resources shall administer any assigned functions to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.
B. The directors of the departments involved in the transfer made under this Order shall immediately initiate coordination to facilitate the transfer and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Natural Resources.
C. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfer made under this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, plans, and agreements relating to the functions transferred by this Order lawfully adopted prior to the effective date of this Order by the responsible state department shall continue to be effective until revised, amended, or rescinded.
B. Any suit, action, or other proceeding lawfully commenced by or against any department identified in Section I of this order prior to the effective date of this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 30th day of October, in the Year of our Lord Two Thousand and Seventeen.
RICHARD D. SNYDER
GOVERNOR
BY THE GOVERNOR:
RUTH A. JOHNSON
SECRETARY OF STATE
The message was referred to the Clerk.
Date: October 26, 2017
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. 4583 (Public Act No. 134, 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 21506a and 21510d (MCL 324.21506a and 324.21510d), section 21506a as amended by 2016 PA 467 and section 21510d as added by 2016 PA 380, and by adding section 21519a.
(Filed with the Secretary of State October 26, 2017, at 2:20 p.m.)
Date: October 26, 2017
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. 4999 (Public Act No. 135, I.E.), being
An act to prohibit local units of government from imposing an excise tax on the manufacture, distribution, or sale of food.
(Filed with the Secretary of State October 26, 2017, at 2:22 p.m.)
Date: October 26, 2017
Time: 11:34 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4508 (Public Act No. 132, I.E.), being
An act to create a program under which volunteers may provide services to organizations in this state to respond to cybersecurity incidents; to provide for protection from liability for personal injury and property damage; to provide for the powers and duties of state governmental officers and agencies; and to create the Michigan cyber civilian corps advisory board and prescribe its powers and duties.
(Filed with the Secretary of State October 26, 2017, at 2:16 p.m.)
Date: October 26, 2017
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. 4457 (Public Act No. 133, I.E.), being
An act to amend 1966 PA 331, entitled “An act to revise and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the government, control and administration of such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; to authorize community college districts to operate a new jobs training program, enter into certain training agreements, and issue bonds to finance the training program; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 122 (MCL 389.122), as amended by 2014 PA 485.
(Filed with the Secretary of State October 26, 2017, at 2:18 p.m.)
Date: October 29, 2017
Time: 10:05 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4781 (Public Act No. 138, 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 section 72105 (MCL 324.72105), as amended by 2014 PA 212.
(Filed with the Secretary of State October 30, 2017, at 3:20 p.m.)
Date: October 29, 2017
Time: 10:07 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4782 (Public Act No. 139, 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 sections 32b, 33, and 657 (MCL 257.32b, 257.33, and 257.657), section 32b as amended by 2012 PA 424, section 33 as amended by 2015 PA 127, and section 657 as amended by 2015 PA 126, and by adding sections 13e and 662a.
(Filed with the Secretary of State October 30, 2017, at 3:22 p.m.)
Date: October 29, 2017
Time: 10:09 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4783 (Public Act No. 140, I.E.), being
An act to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” by amending section 3101 (MCL 500.3101), as amended by 2016 PA 346.
(Filed with the Secretary of State October 30, 2017, at 3:24 p.m.)
Date: October 29, 2017
Time: 10:01 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4305 (Public Act No. 141, I.E.), being
An act to amend 2008 PA 551, entitled “An act to enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to regulate Michigan investment markets; to make uniform the law with reference to securities; and to repeal acts and parts of acts,” by amending sections 202a and 451 (MCL 451.2202a and 451.2451), section 202a as added by 2013 PA 264 and section 451 as added by 2014 PA 355.
(Filed with the Secretary of State October 30, 2017, at 3:26 p.m.)
Date: October 29, 2017
Time: 10:03 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4311 (Public Act No. 142, 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 2822 (MCL 333.2822), as amended by 2002 PA 691.
(Filed with the Secretary of State October 30, 2017, at 3:28 p.m.)
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
September 28, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and 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 #2016-054-LR (Secretary of State Filing #17-09-01) on this date at 4:37 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Board of Athletic Trainers”.
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.
September 28, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and 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 #2015-069-LR (Secretary of State Filing #17-09-02) on this date at 4:38 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Hospice Licensure 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.
October 6, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and 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 #2017-044-NR (Secretary of State Filing #17-10-01) on this date at 4:08 P.M. for the Department of Natural Resources entitled, “Special Local Watercraft Controls”.
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
October 19, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and 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 #2015-029-LR (Secretary of State Filing #17-10-02) on this date at 4:45 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Board of Occupational Therapists-General 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.
October 20, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and 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 #2017-041 (Secretary of State Filing #17-10-03) on this date at 3:56 P.M. for the Department of Environmental Quality entitled, “Environmental Contamination Response Activity”.
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.
October 24, 2017
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and 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 #2017-077 (Secretary of State Filing #17-10-04) on this date at 4:50 P.M. for the Department of Insurance and Financial Services entitled, “Credit Unions”.
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.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
Introduction of Bills
Reps. Sneller, Faris, Dianda, Liberati, Ellison, Clemente, Hoadley, Cochran, Greimel, Hertel, Brann, Neeley, Brinks, Sabo, Rabhi, Elder, Phelps, Camilleri, Webber, Graves, Guerra, Wittenberg, Green, Chang, Vaupel, Kelly, Greig, Geiss, Byrd, Yanez, Gay-Dagnogo, Garrett, Frederick, Lucido, LaGrand, Hammoud, Pagan, Jones, Lasinski and Sowerby introduced
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 bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Lucido introduced
House Bill No. 5191, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81f.
The bill was read a first time by its title and referred to the Committee on Law and Justice.
Rep. Liberati introduced
House Bill No. 5192, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88.
The bill was read a first time by its title and referred to the Committee on Law and Justice.
Reps. Cochran, Faris, Green, Liberati, Chirkun, Howrylak, Lucido, Elder, Gay-Dagnogo and Brinks introduced
House Bill No. 5193, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2010 PA 195, and by adding section 3j.
The bill was read a first time by its title and referred to the Committee on Commerce and Trade.
Rep. Glenn introduced
House Bill No. 5194, entitled
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending section 6a (MCL 460.6a), as amended by 2016 PA 341.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Reps. Chang, Neeley, Garrett, Wittenberg and Howrylak introduced
House Bill No. 5195, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78a (MCL 211.78a), as amended by 2014 PA 499.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Zemke, Gay-Dagnogo, Moss, Wittenberg, Hammoud, Lasinski, Rabhi, Brinks, Sabo, Scott, Elder, Durhal, Hertel, Dianda, Geiss, Love, Chang, Pagan, Hoadley, Garrett, Yanez, Green, Camilleri, Guerra, Sowerby and Clemente introduced
House Bill No. 5196, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1169, 1507, and 1507b (MCL 380.1169, 380.1507, and 380.1507b), sections 1169 and 1507 as amended and section 1507b as added by 2004 PA 165.
The bill was read a first time by its title and referred to the Committee on Education Reform.
Reps. Howrylak, Hughes, LaGrand, Love, Lucido, Hoadley, Pagan, Chang, LaSata, VanSingel, Runestad, Gay-Dagnogo, Inman, McCready and Zemke introduced
House Bill No. 5197, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 520 (MCL 206.520), as amended by 2015 PA 179.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Allor, Iden, Crawford, Kelly, Whiteford, Barrett, Bellino, Alexander, Miller, Cole, Dianda, Geiss, Sneller, Pagel, Brann, Green, Yanez, Sabo, Lower, Cochran, Hornberger, Hauck, Theis, Hughes, Zemke and Chang introduced
House Bill No. 5198, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 51501 and 51514 (MCL 324.51501 and 324.51514), section 51501 as amended by 2017 PA 60 and section 51514 as added by 1995 PA 57.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Rep. Lilly introduced
House Bill No. 5199, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 842 (MCL 168.842), as amended by 2004 PA 92.
The bill was read a first time by its title and referred to the Committee on Elections and Ethics.
Rep. Howell introduced
House Bill No. 5200, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301 and 48705 (MCL 324.1301 and 324.48705), section 1301 as amended by 2014 PA 215 and section 48705 as added by 1995 PA 57.
The bill was read a first time by its title and referred to the Committee on Natural Resources.
Reps. Pagan, Wittenberg, Hammoud, Rabhi, Moss, Sowerby, Clemente, Hoadley, Chang, Greig, Gay-Dagnogo, Elder, Guerra, Camilleri, Brinks, Sneller, Geiss, Ellison, Faris, Liberati, Byrd, Lasinski, Yanez, Green, Garrett, Dianda, Chirkun, Neeley, Hertel, Santana, LaGrand, Peterson, Cochran, Sabo and Jones introduced
House Joint Resolution Z, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 2 of article VIII, to prohibit public schools from being operated on a for-profit basis or by a for-profit entity.
The joint resolution was read a first time by its title and referred to the Committee on Education Reform.
______
Rep. Faris moved that the House adjourn.
The motion prevailed, the time being 4:15 p.m.
Associate Speaker Pro Tempore Tedder declared the House adjourned until Wednesday, November 1, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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No. 84] [October 31, 2017] JOURNAL OF THE HOUSE 1853
1854 JOURNAL OF THE HOUSE [October 31, 2017] [No. 84
No. 84] [October 31, 2017] JOURNAL OF THE HOUSE 1855
1856 JOURNAL OF THE HOUSE [October 31, 2017] [No. 84
No. 84] [October 31, 2017] JOURNAL OF THE HOUSE 1857
1858 JOURNAL OF THE HOUSE [October 31, 2017] [No. 84
No. 84] [October 31, 2017] JOURNAL OF THE HOUSE 1859
1860 JOURNAL OF THE HOUSE [October 31, 2017] [No. 84
No. 84] [October 31, 2017] JOURNAL OF THE HOUSE 1861
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