No. 23
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
99th Legislature
REGULAR SESSION OF 2018
House Chamber, Lansing, Thursday, March 1, 2018.
12:00 Noon.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Afendoulis—present Frederick—present Kelly—present Reilly—present
Albert—present Garcia—present Kesto—present Rendon—present
Alexander—present Garrett—present Kosowski—present Roberts—present
Allor—present Gay-Dagnogo—present LaFave—present Robinson—present
Barrett—present Geiss—present LaGrand—present Runestad—present
Bellino—present Glenn—present LaSata—present Sabo—present
Bizon—present Graves—present Lasinski—present Santana—present
Brann—present Green—present Lauwers—present Scott—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
Pastor Christopher Troxel, Associate Pastor of Trinity Lutheran Church in Utica, offered the following invocation:
“O God,
You give us life, breath, and purpose. From the time life began, You fill the world with light and peace. You make this light, this peace, Your love known to us in Jesus - to some an example, and to others Savior. Through Him You show us Your purpose in this life.
Bless these men and women representing Michigan today. Guide them as they reflect Your justice, freedom, and mercy to those they represent, to all others in this country, and the world. Overwhelm them with all they need to be faithful agents in this government at this moment in history. Move in them to be Your agents of justice and mercy, carrying out Your purpose as together we live, breath, and in all things: love. In Your name, Amen.”
______
The Speaker called Associate Speaker Pro Tempore Glenn to the Chair.
Motions and Resolutions
Reps. Rendon, Faris, Bizon, Liberati, Theis, Green, Wittenberg, Kahle, Greig, Allor, Canfield, Chirkun, Gay-Dagnogo, Jones, Lasinski, Maturen, Sabo, Sneller, Sowerby, Webber and Whiteford offered the following resolution:
House Resolution No. 260.
A resolution to declare March 2018 as Endometriosis Awareness Month in the state of Michigan.
Whereas, Endometriosis is a disease of the female reproductive system. Endometriosis occurs when tissue similar to that normally found in the uterus begins to grow outside of the uterus, leading to chronic, debilitating pelvic pain; and
Whereas, Endometriosis is a leading cause of female infertility. Endometriosis affects 1 in 10 women of childbearing age in the United States. There is an average of a 10 year delay from the onset of symptoms to the final diagnosis of endometriosis; and
Whereas, American endometriosis patients were hospitalized 105,123 days in 2010 because of their disease. Women with endometriosis can lose 11 hours per work week through lost productivity and absenteeism due to pain. Fifty-one percent of endometriosis patients report that their condition detrimentally affects their job; and
Whereas, The estimated total annual societal burden of endometriosis-related symptoms in the U.S. is $56 billion, or $10,824 per patient; and
Whereas, There is no cure for endometriosis. More research is necessary to develop treatment options to manage this debilitating disease. Education is important for promoting awareness of symptoms and early detection and diagnosis of endometriosis; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare March 2018 as Endometriosis Awareness Month in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Kesto, Canfield, Gay-Dagnogo and Jones offered the following resolution:
House Resolution No. 261.
A resolution to urge a bilateral free trade agreement between the United States and the Republic of China and reaffirm our support for increasing their international visibility.
Whereas, The state of Michigan and the Republic of China (Taiwan) have enjoyed a relationship marked by strong bilateral trade, education, cultural exchanges, and tourism. Taiwan shares many of the same values—freedom, democracy, human rights, the rule of law, peace, and prosperity—with the United States and the state of Michigan; and
Whereas, The United States and Taiwan are important trading partners. The United States ranks as Taiwan’s 2nd largest trading partner, and Taiwan is the 10th largest trading partner of the United States. Together, trade between our two nations accounted for $65.4 billion in 2016; and
Whereas, Taiwan and the state of Michigan have enjoyed a long and mutually beneficial trading relationship with the prospect of future growth. The nation was Michigan’s 6th largest Asian export market in 2016, which amounted to $299 million in Michigan goods being exported to Taiwan; and
Whereas, Strengthening bilateral trade between our countries is important. This trade agreement will increase Michigan’s exports to Taiwan, create bilateral investment, and grow technical collaboration through tariff reduction and other trade facilitation measures; and
Whereas, Taiwan has undertaken a policy of “steadfast diplomacy” in its international relations to the benefit of us all. Taiwan is a responsible actor who engages collaboratively with the global community to address challenges like humanitarian aid and disease control; and
Whereas, Taiwan’s participation in international organizations—including the World Health Assembly, International Civil Aviation Organization, and INTERPOL—benefits not just the people of Taiwan but also the international community as a whole. Through increased communication and accomplishing shared goals, gained through a non-exclusionary approach to global participation, Taiwan and the world are strengthened; now, therefore, be it
Resolved by the House of Representatives, That we urge a bilateral free trade agreement between the United States and the Republic of China and reaffirm our support for increasing their international visibility; and be it further
Resolved, That copies of this resolution be transmitted to the Taipei Economic and Cultural Office in Chicago, Illinois, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Commerce and Trade.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 248.
A resolution to declare March 2018 as Problem Gambling Awareness Month in the state of Michigan.
(For text of resolution, see House Journal No. 14, p. 210.)
(The resolution was reported by the Committee on Regulatory Reform on February 28, with substitute (H-1).)
(For substitute, see House Journal No. 22, p. 371.)
The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,
The substitute (H-1) was adopted, a majority of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4430, entitled
A bill to prohibit this state and certain other governmental agents, employees, and entities in this state from assisting a federal agency in obtaining certain forms of data without a warrant; and to prohibit certain uses of certain data collected without a warrant.
(The bill was received from the Senate on February 28, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 22, p. 372.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 117 Yeas—108
Afendoulis Frederick Kelly Reilly
Albert Garcia Kesto Rendon
Alexander Garrett Kosowski Roberts
Allor Gay-Dagnogo LaFave Robinson
Barrett Geiss LaGrand Runestad
Bellino Glenn LaSata Sabo
Bizon Graves Lasinski Santana
Brann Green Lauwers Scott
Brinks Greig Leonard Sheppard
Byrd Greimel Leutheuser Singh
Calley Griffin Liberati Sneller
Cambensy Guerra Lilly Sowerby
Camilleri Hammoud Love Tedder
Canfield Hauck Lower Theis
Chang Hernandez Lucido VanderWall
Chatfield Hertel Marino VanSingel
Clemente Hoadley Maturen Vaupel
Cochran Hoitenga McCready VerHeulen
Cole Hornberger Miller Victory
Cox Howell Moss Webber
Crawford Howrylak Neeley Wentworth
Dianda Hughes Noble Whiteford
Durhal Iden Pagan Wittenberg
Elder Inman Pagel Yancey
Ellison Johnson Peterson Yanez
Faris Jones Phelps Yaroch
Farrington Kahle Rabhi Zemke
Nays—1
Chirkun
In The Chair: Glenn
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5112, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 16a.
(The bill was received from the Senate on February 28, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 22, p. 372.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 118 Yeas—109
Afendoulis Frederick Kelly Reilly
Albert Garcia Kesto Rendon
Alexander Garrett Kosowski Roberts
Allor Gay-Dagnogo LaFave Robinson
Barrett Geiss LaGrand Runestad
Bellino Glenn LaSata Sabo
Bizon Graves Lasinski Santana
Brann Green Lauwers Scott
Brinks Greig Leonard Sheppard
Byrd Greimel Leutheuser Singh
Calley Griffin Liberati Sneller
Cambensy Guerra Lilly Sowerby
Camilleri Hammoud Love Tedder
Canfield Hauck Lower Theis
Chang Hernandez Lucido VanderWall
Chatfield Hertel Marino VanSingel
Chirkun Hoadley Maturen Vaupel
Clemente Hoitenga McCready VerHeulen
Cochran Hornberger Miller Victory
Cole Howell Moss Webber
Cox Howrylak Neeley Wentworth
Crawford Hughes Noble Whiteford
Dianda Iden Pagan Wittenberg
Durhal Inman Pagel Yancey
Elder Johnson Peterson Yanez
Ellison Jones Phelps Yaroch
Faris Kahle Rabhi Zemke
Farrington
Nays—0
In The Chair: Glenn
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
Senate Bill No. 596, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72103, 72105, and 72106 (MCL 324.72103, 324.72105, and 324.72106), section 72103 as amended by 2014 PA 210, section 72105 as amended by 2017 PA 138, and section 72106 as amended by 2014 PA 212, and by adding section 72103a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 119 Yeas—109
Afendoulis Frederick Kelly Reilly
Albert Garcia Kesto Rendon
Alexander Garrett Kosowski Roberts
Allor Gay-Dagnogo LaFave Robinson
Barrett Geiss LaGrand Runestad
Bellino Glenn LaSata Sabo
Bizon Graves Lasinski Santana
Brann Green Lauwers Scott
Brinks Greig Leonard Sheppard
Byrd Greimel Leutheuser Singh
Calley Griffin Liberati Sneller
Cambensy Guerra Lilly Sowerby
Camilleri Hammoud Love Tedder
Canfield Hauck Lower Theis
Chang Hernandez Lucido VanderWall
Chatfield Hertel Marino VanSingel
Chirkun Hoadley Maturen Vaupel
Clemente Hoitenga McCready VerHeulen
Cochran Hornberger Miller Victory
Cole Howell Moss Webber
Cox Howrylak Neeley Wentworth
Crawford Hughes Noble Whiteford
Dianda Iden Pagan Wittenberg
Durhal Inman Pagel Yancey
Elder Johnson Peterson Yanez
Ellison Jones Phelps Yaroch
Faris Kahle Rabhi Zemke
Farrington
Nays—0
In The Chair: Glenn
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“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,”
The House agreed to the full title.
Rep. Theis moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4840, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 627a (MCL 257.627a), as amended by 2016 PA 446.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 120 Yeas—108
Afendoulis Farrington Kahle Rabhi
Albert Frederick Kelly Rendon
Alexander Garcia Kesto Roberts
Allor Garrett Kosowski Robinson
Barrett Gay-Dagnogo LaFave Runestad
Bellino Geiss LaGrand Sabo
Bizon Glenn LaSata Santana
Brann Graves Lasinski Scott
Brinks Green Lauwers Sheppard
Byrd Greig Leonard Singh
Calley Greimel Leutheuser Sneller
Cambensy Griffin Liberati Sowerby
Camilleri Guerra Lilly Tedder
Canfield Hammoud Love Theis
Chang Hauck Lower VanderWall
Chatfield Hernandez Lucido VanSingel
Chirkun Hertel Marino Vaupel
Clemente Hoadley Maturen VerHeulen
Cochran Hoitenga McCready Victory
Cole Hornberger Miller Webber
Cox Howell Moss Wentworth
Crawford Howrylak Neeley Whiteford
Dianda Hughes Noble Wittenberg
Durhal Iden Pagan Yancey
Elder Inman Pagel Yanez
Ellison Johnson Peterson Yaroch
Faris Jones Phelps Zemke
Nays—1
Reilly
In The Chair: Glenn
The House agreed to the title of the bill.
Rep. Theis moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4030, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2016 PA 184.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 121 Yeas—105
Afendoulis Farrington Kahle Rendon
Albert Frederick Kelly Roberts
Alexander Garcia Kesto Robinson
Allor Garrett Kosowski Runestad
Barrett Gay-Dagnogo LaFave Sabo
Bellino Geiss LaSata Santana
Bizon Glenn Lasinski Scott
Brann Graves Lauwers Sheppard
Brinks Green Leonard Singh
Byrd Greig Leutheuser Sneller
Calley Greimel Liberati Sowerby
Cambensy Griffin Lilly Tedder
Camilleri Guerra Love Theis
Canfield Hammoud Lower VanderWall
Chang Hauck Lucido VanSingel
Chatfield Hernandez Marino Vaupel
Chirkun Hertel Maturen VerHeulen
Clemente Hoadley McCready Victory
Cochran Hoitenga Miller Webber
Cole Hornberger Moss Wentworth
Cox Howell Neeley Whiteford
Crawford Howrylak Noble Wittenberg
Dianda Hughes Pagan Yancey
Durhal Iden Pagel Yanez
Elder Inman Peterson Yaroch
Ellison Jones Phelps Zemke
Faris
Nays—2
Johnson Reilly
In The Chair: Glenn
The House agreed to the title of the bill.
Rep. Theis moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Rabhi, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 121 because of a possible conflict of interest.”
Rep. LaGrand, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 121 because of a possible conflict of interest.”
House Bill No. 4031, entitled
A bill to establish the Lions of Michigan Foundation fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 122 Yeas—105
Afendoulis Farrington Kahle Rendon
Albert Frederick Kelly Roberts
Alexander Garcia Kesto Robinson
Allor Garrett Kosowski Runestad
Barrett Gay-Dagnogo LaFave Sabo
Bellino Geiss LaSata Santana
Bizon Glenn Lasinski Scott
Brann Graves Lauwers Sheppard
Brinks Green Leonard Singh
Byrd Greig Leutheuser Sneller
Calley Greimel Liberati Sowerby
Cambensy Griffin Lilly Tedder
Camilleri Guerra Love Theis
Canfield Hammoud Lower VanderWall
Chang Hauck Lucido VanSingel
Chatfield Hernandez Marino Vaupel
Chirkun Hertel Maturen VerHeulen
Clemente Hoadley McCready Victory
Cochran Hoitenga Miller Webber
Cole Hornberger Moss Wentworth
Cox Howell Neeley Whiteford
Crawford Howrylak Noble Wittenberg
Dianda Hughes Pagan Yancey
Durhal Iden Pagel Yanez
Elder Inman Peterson Yaroch
Ellison Jones Phelps Zemke
Faris
Nays—2
Johnson Reilly
In The Chair: Glenn
The House agreed to the title of the bill.
Rep. Theis moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Rabhi, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 122 because of a possible conflict of interest.”
Rep. LaGrand, under Rule 31, made the following statement:
“Mr. Speaker and members of the House:
I did not vote on Roll Call No. 122 because of a possible conflict of interest.”
Senate Bill No. 638, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1103 and 1105 (MCL 500.1103 and 500.1105), as amended by 2000 PA 283, and by adding section 1106.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 123 Yeas—108
Afendoulis Farrington Kahle Reilly
Albert Frederick Kelly Rendon
Alexander Garcia Kesto Roberts
Allor Garrett Kosowski Robinson
Barrett Gay-Dagnogo LaFave Runestad
Bellino Geiss LaGrand Sabo
Bizon Glenn LaSata Santana
Brann Graves Lasinski Scott
Brinks Green Lauwers Sheppard
Byrd Greig Leonard Singh
Calley Greimel Leutheuser Sneller
Cambensy Griffin Liberati Sowerby
Camilleri Guerra Lilly Tedder
Canfield Hammoud Love Theis
Chang Hauck Lower VanderWall
Chatfield Hernandez Lucido VanSingel
Chirkun Hertel Marino Vaupel
Clemente Hoadley Maturen VerHeulen
Cochran Hoitenga McCready Victory
Cole Hornberger Miller Webber
Cox Howell Moss Wentworth
Crawford Howrylak Neeley Whiteford
Dianda Hughes Noble Wittenberg
Durhal Iden Pagan Yancey
Elder Inman Pagel Yanez
Ellison Johnson Peterson Yaroch
Faris Jones Phelps Zemke
Nays—1
Rabhi
In The Chair: Glenn
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“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,”
The House agreed to the full title.
Rep. Theis moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4633, entitled
A bill 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 124 Yeas—109
Afendoulis Frederick Kelly Reilly
Albert Garcia Kesto Rendon
Alexander Garrett Kosowski Roberts
Allor Gay-Dagnogo LaFave Robinson
Barrett Geiss LaGrand Runestad
Bellino Glenn LaSata Sabo
Bizon Graves Lasinski Santana
Brann Green Lauwers Scott
Brinks Greig Leonard Sheppard
Byrd Greimel Leutheuser Singh
Calley Griffin Liberati Sneller
Cambensy Guerra Lilly Sowerby
Camilleri Hammoud Love Tedder
Canfield Hauck Lower Theis
Chang Hernandez Lucido VanderWall
Chatfield Hertel Marino VanSingel
Chirkun Hoadley Maturen Vaupel
Clemente Hoitenga McCready VerHeulen
Cochran Hornberger Miller Victory
Cole Howell Moss Webber
Cox Howrylak Neeley Wentworth
Crawford Hughes Noble Whiteford
Dianda Iden Pagan Wittenberg
Durhal Inman Pagel Yancey
Elder Johnson Peterson Yanez
Ellison Jones Phelps Yaroch
Faris Kahle Rabhi Zemke
Farrington
Nays—0
In The Chair: Glenn
The House agreed to the title of the bill.
Rep. Theis moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5438, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 462a (MCL 750.462a), as amended by 2014 PA 329.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 125 Yeas—108
Afendoulis Farrington Kahle Rabhi
Albert Frederick Kelly Reilly
Alexander Garcia Kesto Rendon
Allor Garrett Kosowski Roberts
Barrett Gay-Dagnogo LaFave Runestad
Bellino Geiss LaGrand Sabo
Bizon Glenn LaSata Santana
Brann Graves Lasinski Scott
Brinks Green Lauwers Sheppard
Byrd Greig Leonard Singh
Calley Greimel Leutheuser Sneller
Cambensy Griffin Liberati Sowerby
Camilleri Guerra Lilly Tedder
Canfield Hammoud Love Theis
Chang Hauck Lower VanderWall
Chatfield Hernandez Lucido VanSingel
Chirkun Hertel Marino Vaupel
Clemente Hoadley Maturen VerHeulen
Cochran Hoitenga McCready Victory
Cole Hornberger Miller Webber
Cox Howell Moss Wentworth
Crawford Howrylak Neeley Whiteford
Dianda Hughes Noble Wittenberg
Durhal Iden Pagan Yancey
Elder Inman Pagel Yanez
Ellison Johnson Peterson Yaroch
Faris Jones Phelps Zemke
Nays—1
Robinson
In The Chair: Glenn
The House agreed to the title of the bill.
Rep. Theis moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5417, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40111 and 43513 (MCL 324.40111 and 324.43513), section 40111 as amended by 2015 PA 185 and section 43513 as amended by 2013 PA 108.
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 not adopted, a majority of the members serving not voting therefor.
Rep. Johnson moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Johnson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5259, entitled
A bill to amend 2016 PA 345, entitled “Limousine, taxicab, and transportation network company act,” by amending section 11 (MCL 257.2111).
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Regulatory Reform,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Iden moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4321, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Rep. Theis moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Singh moved to amend the Senate substitute (S-1) as follows:
1. Amend page 6, following line 14, by inserting:
“Sec. 251. As a condition of receiving funds appropriated in part 1 for attorney general operations, the special prosecutor shall exercise, within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of the Attorney General or any Assistant Attorney General. Except as provided in this part, the Special Prosecutor shall determine whether and to what extent to inform or consult with the Attorney General or others within the Department about the conduct of his or her duties and responsibilities. The Attorney General shall not interfere with the investigation and prosecutorial functions of the Special Prosecutor and shall recuse himself or herself immediately from any further investigation and appoint the appropriate Deputy Attorney General to work with the Special Prosecutor.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 126 Yeas—109
Afendoulis Frederick Kelly Reilly
Albert Garcia Kesto Rendon
Alexander Garrett Kosowski Roberts
Allor Gay-Dagnogo LaFave Robinson
Barrett Geiss LaGrand Runestad
Bellino Glenn LaSata Sabo
Bizon Graves Lasinski Santana
Brann Green Lauwers Scott
Brinks Greig Leonard Sheppard
Byrd Greimel Leutheuser Singh
Calley Griffin Liberati Sneller
Cambensy Guerra Lilly Sowerby
Camilleri Hammoud Love Tedder
Canfield Hauck Lower Theis
Chang Hernandez Lucido VanderWall
Chatfield Hertel Marino VanSingel
Chirkun Hoadley Maturen Vaupel
Clemente Hoitenga McCready VerHeulen
Cochran Hornberger Miller Victory
Cole Howell Moss Webber
Cox Howrylak Neeley Wentworth
Crawford Hughes Noble Whiteford
Dianda Iden Pagan Wittenberg
Durhal Inman Pagel Yancey
Elder Johnson Peterson Yanez
Ellison Jones Phelps Yaroch
Faris Kahle Rabhi Zemke
Farrington
Nays—0
In The Chair: Glenn
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Rep. Theis moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, February 28:
House Bill Nos. 5662 5663 5664 5665 5666 5667 5668 5669 5670 5671 5672
The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, March 1:
Senate Bill Nos. 884 885
The Clerk announced that the following Senate bill had been received on Thursday, March 1:
Senate Bill No. 752
Reports of Standing Committees
The Committee on Insurance, by Rep. Theis, Chair, reported
House Bill No. 5430, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 527, 1511, 1613, 1625, and 2248 (MCL 500.527, 500.1511, 500.1613, 500.1625, and 500.2248), section 527 as added by 2001 PA 24, sections 1613 and 1625 as added by 2002 PA 655, and section 2248 as amended by 2012 PA 454, and by adding section 2266.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Theis, VanderWall, Barrett, Glenn, Runestad, Vaupel, Webber, Bellino, Hoitenga, LaFave, Wentworth, Greimel, Gay-Dagnogo, Wittenberg and Lasinski
Nays: None
The Committee on Insurance, by Rep. Theis, Chair, reported
House Bill No. 5609, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2024b (MCL 500.2024b), as added by 2005 PA 260.
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. Theis, VanderWall, Glenn, Runestad, Vaupel, Webber, Bellino, Hoitenga, LaFave, Wentworth, Greimel, Phelps, Gay-Dagnogo, Wittenberg and Lasinski
Nays: Rep. Barrett
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Theis, Chair, of the Committee on Insurance, was received and read:
Meeting held on: Thursday, March 1, 2018
Present: Reps. Theis, VanderWall, Barrett, Glenn, Runestad, Vaupel, Webber, Bellino, Hoitenga, LaFave, Wentworth, Greimel, Phelps, Gay-Dagnogo, Wittenberg and Lasinski
Absent: Rep. Hammoud
Excused: Rep. Hammoud
The Committee on Education Reform, by Rep. Kelly, Chair, reported
House Bill No. 5526, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1280c (MCL 380.1280c), as amended by 2011 PA 8, and by adding sections 1280g and 1280h.
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. Kelly, Hornberger, Crawford, Garcia, Roberts, Alexander, Griffin, Lilly, Noble and Reilly
Nays: Reps. Brinks, Camilleri and Sowerby
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kelly, Chair, of the Committee on Education Reform, was received and read:
Meeting held on: Thursday, March 1, 2018
Present: Reps. Kelly, Hornberger, Crawford, Garcia, Roberts, Alexander, Griffin, Lilly, Noble, Reilly, Zemke, Brinks, Chang, Camilleri and Sowerby
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Miller, Chair, of the Committee on Elections and Ethics, was received and read:
Meeting held on: Thursday, March 1, 2018
Present: Reps. Miller, Calley, Kesto, Garcia, Webber, Lilly, Guerra, Zemke and Moss
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Rendon, Chair, of the Committee on Families, Children, and Seniors, was received and read:
Meeting held on: Thursday, March 1, 2018
Present: Reps. Rendon, Noble, McCready, Hughes, Roberts, Farrington, Kahle, Liberati, Robinson, Gay-Dagnogo and Ellison
Messages from the Senate
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 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. 4545, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 11 (MCL 421.11), as amended by 2011 PA 269.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), 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.
House Bill No. 4546, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 54 (MCL 421.54), as amended by 2016 PA 522.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 54 (MCL 421.54), as amended by 2017 PA 226.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 4973, entitled
A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 2 and 13 (MCL 15.232 and 15.243), section 2 as amended by 1996 PA 553 and section 13 as amended by 2006 PA 482.
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. 752, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 57, 57a, and 57b (MCL 400.57, 400.57a, and 400.57b), section 57 as amended by 2014 PA 375, section 57a as amended by 2012 PA 607, and section 57b as amended by 2015 PA 56.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Messages from the Governor
Date: February 28, 2018
Time: 8:42 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4665 (Public Act No. 42, I.E.), being
An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 1311g (MCL 380.1311g), as amended by 2014 PA 256.
(Filed with the Secretary of State February 28, 2018, at 4:32 p.m.)
Date: February 28, 2018
Time: 8:46 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4472 (Public Act No. 41, 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 sections 17702, 17704, and 17755 (MCL 333.17702, 333.17704, and 333.17755), section 17702 as amended by 2016 PA 528 and section 17704 as amended by 2014 PA 280.
(Filed with the Secretary of State February 28, 2018, at 4:30 p.m.)
Date: February 28, 2018
Time: 8:44 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 5175 (Public Act No. 40, I.E.), being
An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 537 (MCL 436.1537), as amended by 2016 PA 514.
(Filed with the Secretary of State February 28, 2018, at 4:28 p.m.)
Introduction of Bills
Rep. Allor introduced
House Bill No. 5673, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4b.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. Sowerby, Ellison, Moss, Clemente, Sneller, Neeley, Zemke, Hertel, Pagan, Rabhi, Yanez, Camilleri, Elder, Greig, LaGrand, Greimel, Liberati, Wittenberg, Sabo, Green, Hoadley, Lasinski, Geiss, Cambensy, Hammoud and Gay-Dagnogo introduced
House Bill No. 5674, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 105d (MCL 400.105d), as added by 2013 PA 107.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Sheppard introduced
House Bill No. 5675, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2979.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Iden, Kahle, LaFave and Bellino introduced
House Bill No. 5676, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2017 PA 108.
The bill was read a first time by its title and referred to the Committee on Workforce and Talent Development.
Reps. Howrylak, Johnson and Barrett introduced
House Bill No. 5677, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 32a and 54 (MCL 421.32a and 421.54), section 32a as amended by 2017 PA 232 and section 54 as amended by 2017 PA 226.
The bill was read a first time by its title and referred to the Committee on Oversight.
Reps. Kahle, Maturen, LaGrand, Yanez, Lucido, McCready, Kesto, Canfield, Leutheuser, Sabo, Howell, Elder and LaFave introduced
House Bill No. 5678, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7303a (MCL 333.7303a), as amended by 2017 PA 249.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Miller, Griffin, Pagel and Whiteford introduced
House Bill No. 5679, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 5 and 124 (MCL 38.1305 and 38.1424), section 5 as amended by 2017 PA 92 and section 124 as amended by 2012 PA 300.
The bill was read a first time by its title and referred to the Committee on Financial Liability Reform.
______
Rep. VerHeulen moved that the House adjourn.
The motion prevailed, the time being 2:05 p.m.
Associate Speaker Pro Tempore Glenn declared the House adjourned until Tuesday, March 6, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives
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