No. 40
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
99th Legislature
REGULAR SESSION OF 2017
House Chamber, Lansing, Tuesday, May 2, 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 Garcia—present Kesto—present Reilly—present
Albert—present Garrett—present Kivela—present Rendon—present
Alexander—present Gay-Dagnogo—present Kosowski—present Roberts—present
Allor—present Geiss—present LaFave—present Robinson—present
Barrett—present Glenn—present LaGrand—present Runestad—present
Bellino—present Graves—present LaSata—present Sabo—present
Bizon—present Green—present Lasinski—present Santana—present
Brann—present Greig—present Lauwers—present Schor—present
Brinks—present Greimel—present Leonard—present Scott—excused
Byrd—present Griffin—present Leutheuser—present Sheppard—present
Calley—present Guerra—present Liberati—present Singh—present
Camilleri—present Hammoud—present Lilly—present Sneller—present
Canfield—present Hauck—present Love—present Sowerby—present
Chang—present Hernandez—present Lower—present Tedder—present
Chatfield—present Hertel—present Lucido—present Theis—present
Chirkun—present Hoadley—present Marino—present VanderWall—present
Clemente—present Hoitenga—present Maturen—present VanSingel—present
Cochran—present Hornberger—present McCready—present Vaupel—present
Cole—present Howell—present Miller—present VerHeulen—present
Cox—present Howrylak—present Moss—present Victory—present
Crawford—present Hughes—present Neeley—present Webber—present
Dianda—present Iden—present Noble—present Wentworth—present
Durhal—present Inman—present Pagan—present Whiteford—present
Elder—present Johnson—present Pagel—present Wittenberg—present
Ellison—present Jones—excused Peterson—present Yanez—present
Faris—present Kahle—present Phelps—present Yaroch—present
Farrington—present Kelly—present Rabhi—present Zemke—present
Frederick—present
e/d/s = entered during session
Minister David LaGrand, Pastor of Eastern Avenue Christian Reformed Church in Grand Rapids, offered the following invocation:
“Creator God, we come before You today in a space designed to inspire awe and respect. Those of us who were elected to serve here, spend our days being consulted and deferred to. It’s easy for us to feel important here. This is a seat of power and we have seats at the table. Help us to remember how much we do not and cannot know. You see all ends, we can see none. Help us to remember that we are weak fragile creatures prone to error and pride. Give us the grace to see and acknowledge our own mistakes and to forgive the mistakes of our colleagues. Lord, we confess that too often we give our allegiance to the false idols of safety and security and woefully forget the truth that we cannot save or secure; only You can do that. Help us to remember in humility that the messier mundane task we are called to, is to love our neighbor as ourselves. That task is hard, but it is within our power. Help us to remember that commandment as we listen to and talk about each other. Help us to hold all of our laws, policies and spending up to the light of this challenge. Help us to reason together in love. Help us to build a state where shared sacrifice honors the value and dignity of those who don’t win capitalism’s contests, who don’t have charms and popularity. Help us to listen to the small voices of those whose pain turns to defeat and despair. Lord, help us to build a community with real opportunities for forgiveness, reconciliation and solidarity. Lord, God, You have brought us here to these desks, these seats, help us to make room for all of Your children at the table. In Your name, Amen.”
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The Speaker called the Speaker Pro Tempore to the Chair.
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Rep. Greig moved that Reps. Jones and Scott be excused from today’s session.
The motion prevailed.
Motions and Resolutions
Reps. Zemke, Durhal, Sneller, Sabo, Chang, Pagan, Yanez, Green, Lasinski, Singh, Greig, Howrylak, Crawford, Greimel, Brinks, Cochran, Faris, Geiss, Hertel, Kelly, Liberati, Maturen, Moss, Schor and Sowerby offered the following resolution:
House Resolution No. 74.
A resolution to declare May 2017 as Asian Pacific American Heritage Month in the state of Michigan.
Whereas, The state of Michigan is fortunate to be home to more than 300,000 residents of Asian and Pacific Island descent; and
Whereas, Asian Pacific Americans comprise one of the fastest growing populations in both the state and the nation; in fact, the largest growing population in Michigan, according to the 2010 U.S. Census; and
Whereas, The Asian and Pacific Island regions are tremendously diverse; with more than thirty countries, sixteen major ethnic groups, nine languages, and numerous belief systems bringing their culture to Michigan; and
Whereas, Citizens of Asian and Pacific Island descent, in each generation, from the laborers who connected our coasts one-and-a-half centuries ago, to the patriots who fought overseas while their families were interned at home these patriotic Americans have enhanced our culture, quality of life, and economic vitality through leadership, commitments to knowledge and advancement, and dedication to their communities; and
Whereas, The state of Michigan and the United States of America have been enriched by the contributions of Asian Pacific Americans in all facets of life, including the arts, sciences, business, education, and philanthropy; Michigan has recognized the contribution Asian Pacific Americans and other immigrants make to our economy with the establishment of the Michigan Office for New Americans; and
Whereas, The culture and contributions of our Asian and Pacific Island residents will continue to grow in significance as more Asian Pacific Americans choose to make Michigan their home and as our economy becomes increasingly intertwined with the economies throughout Asia; and
Whereas, Asian Pacific Americans, through advocating issues of justice and equality, continue to break down the barriers of discrimination, indifference, and intolerance, thereby opening doors for all Asian Pacific Americans; and
Whereas, Asian Pacific American residents are proudly served in Michigan by many dedicated organizations, including the Asian Pacific American Affairs Commission, the Asian Pacific American Chamber of Commerce, the Council of Asian Pacific Americans, Asian American Citizens for Justice, Asian Center Southeast Michigan and West Michigan, the West Michigan Asian Pacific American Association, APIA-Vote Michigan, and the Michigan Asian Pacific American Bar Association; and
Whereas, The state of Michigan takes pride in its cultural diversity and welcomes the opportunity to honor our Asian Pacific American residents for their lasting and expanding imprint upon our state; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 2017 as Asian Pacific American Heritage Month in the state of Michigan. We encourage all citizens to celebrate the individual and collective contributions of Asian Pacific Americans to this state and to this country.
The question being on the adoption of the resolution,
Rep. Zemke moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution No. 74.
A resolution to declare May 2017 as Asian Pacific American Heritage Month in the state of Michigan.
Whereas, The state of Michigan is fortunate to be home to more than 300,000 residents of Asian and Pacific Island descent; and
Whereas, Asian Pacific Americans comprise one of the fastest growing populations in both the state and the nation; in fact, the largest growing population in Michigan, according to the 2010 U.S. Census; and
Whereas, The Asian and Pacific Island regions are tremendously diverse; with more than thirty countries, sixteen major ethnic groups, nine languages, and numerous belief systems bringing their culture to Michigan; and
Whereas, Citizens of Asian and Pacific Island descent, in each generation, from the laborers who connected our coasts one-and-a-half centuries ago, to the patriots who fought overseas while their families were interned at home these patriotic Americans have enhanced our culture, quality of life, and economic vitality through leadership, commitments to knowledge and advancement, and dedication to their communities; and
Whereas, The state of Michigan and the United States of America have been enriched by the contributions of Asian Pacific Americans in all facets of life, including the arts, sciences, business, education, and philanthropy; Michigan has recognized the contribution Asian Pacific Americans and other immigrants make to our economy with the establishment of the Michigan Office for New Americans; and
Whereas, The culture and contributions of our Asian and Pacific Island residents will continue to grow in significance as more Asian Pacific Americans choose to make Michigan their home and as our economy becomes increasingly intertwined with the economies throughout Asia; and
Whereas, Asian Pacific Americans, through advocating issues of justice and equality, continue to break down the barriers of discrimination, indifference, and intolerance, thereby opening doors for all Asian Pacific Americans; and
Whereas, Asian Pacific American residents are proudly served in Michigan by many dedicated organizations; and
Whereas, The state of Michigan takes pride in its cultural diversity and welcomes the opportunity to honor our Asian Pacific American residents for their lasting and expanding imprint upon our state; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 2017 as Asian Pacific American Heritage Month in the state of Michigan. We encourage all citizens to celebrate the individual and collective contributions of Asian Pacific Americans to this state and to this country.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Camilleri, Sneller, Love, Singh, Pagel, Gay-Dagnogo, Zemke, Rabhi, Geiss, Guerra, Faris, Brinks, Cochran, Green, Greig, Hertel, Howrylak, Liberati, Maturen, Moss, Sabo, Schor and Sowerby offered the following resolution:
House Resolution No. 75.
A resolution to declare April 28, 2017, as Worker Memorial Day in the state of Michigan.
Whereas, Every year on April 28, communities and worksites around the world honor friends, family members, and colleagues who have been killed or injured on the job; and
Whereas, The Federal Bureau of Labor Statistics has reported that more than 4,800 workers suffered fatal workplace injuries in 2015, the highest count since 2008. Nearly 3 million individuals suffered nonfatal work-related injuries and illnesses in 2015, including almost 110,000 workers in the Michigan. Experts estimate that at least 50,000 deaths occur annually as a result of occupational diseases; and
Whereas, One hundred thirty-four workers were lost through fatal workplace accidents in Michigan in 2015; and
Whereas, It is appropriate to honor the memory of the courageous and dedicated members of Michigan’s labor force who have been injured or disabled or have died as a result of workplace accidents; and
Whereas, We remember those who have died in workplace catastrophes, suffered occupational-related diseases, or have been injured because of dangerous conditions; and
Whereas, Recognition of the integrity of Michigan’s workforce and its achievements on behalf of the economic growth of our state is necessary; and
Whereas, The Michigan House of Representatives wishes to pay tribute to workers who have died or who have been injured or disabled in workplace accidents, to honor the contributions of Michigan’s work force, and to call for increased workplace safety; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare April 28, 2017, as Worker Memorial Day in the state of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Green, Sowerby, Yanez, Lucido, Chirkun, Hertel, Farrington, Yaroch, Marino, Brinks, Clemente, Cochran, Crawford, Faris, Geiss, Greig, Hornberger, Howrylak, Kelly, Liberati, Maturen, Moss, Sabo, Schor, Singh and Sneller offered the following resolution:
House Resolution No. 76.
A resolution to declare May 2017 as Mental Health Awareness Month in the state of Michigan.
Whereas, The month of May has been designated as Mental Health Awareness Month by Mental Health for America and its affiliates since 1949; and
Whereas, Tens of thousands of Michigan citizens are afflicted with a diagnosable mental, behavioral, or emotional disorder at any given moment. Mental illness includes anxiety disorders, schizophrenia, eating disorders, depression, and addictive behaviors; and
Whereas, The people of Michigan who are living with a mental health illness or addiction continue to require support and professional assistance in order to improve their quality of living and return to an independent, healthy, and fulfilling life; and
Whereas, In any given year, 336,000 adults in Michigan will have a serious mental illness and 56% of these adults will receive no treatment for their illness; and
Whereas, Mental illness can affect anyone, regardless of age. In our state, 84,000 adolescents will experience a major depressive episode a year, 56% of whom will receive no treatment for their illness; and
Whereas, Alcohol abuse and illicit drug dependence should be widely considered a mental illness that harms Michigan communities and citizens. 526,000 adults will experience heavy alcohol abuse in any given month and 205,000 individuals, from the ages of 12 or older, will experience an illicit drug dependence a year; and
Whereas, Ninety-one percent of the adults with heavy alcohol abuse and 81% of individuals with an illicit drug dependence will forgo treatment for their addiction; and
Whereas, Ignoring the illnesses of our fellow citizens will only further stigmatize those who suffer from a mental, behavioral, or emotional disorder. Leaving those members behind will only harm our community; and
Whereas, Michigan and the United States need to continue to reduce the stigmatization of mental illness and lend our support to those who are living with mental health disorders so they can seek professional assistance; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 2017 Mental Health Awareness Month in the state of Michigan.
The question being on the adoption of the resolution,
Rep. Green moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution No. 76.
A resolution to declare May 2017 as Mental Health Awareness Month in the state of Michigan.
Whereas, The month of May has been designated as Mental Health Awareness Month by Mental Health for America and its affiliates since 1949; and
Whereas, Tens of thousands of Michigan citizens are afflicted with a diagnosable mental, behavioral, or emotional disorder at any given moment. Services under the mental health code include assistance for conditions such as anxiety disorders, schizophrenia, eating disorders and depression, as well as for addictive behaviors; and
Whereas, The people of Michigan who are living with a mental health illness or addiction continue to require support and professional assistance in order to improve their quality of living and return to an independent, healthy, and fulfilling life; and
Whereas, In any given year, 336,000 adults in Michigan will have a serious mental illness and 56% of these adults will receive no treatment for their illness; and
Whereas, Mental illness can affect anyone, regardless of age. In our state, 84,000 adolescents will experience a major depressive episode a year, 56% of whom will receive no treatment for their illness; and
Whereas, 526,000 adults will experience heavy alcohol abuse in any given month and 205,000 individuals, from the ages of 12 or older, will experience an illicit drug dependence a year; and
Whereas, Ninety-one percent of the adults with heavy alcohol abuse and 81% of individuals with an illicit drug dependence will forgo treatment for their addiction; and
Whereas, Ignoring the illnesses of our fellow citizens will only further stigmatize those who suffer from a mental, behavioral, or emotional disorder. Leaving those members behind will only harm our community; and
Whereas, Michigan and the United States need to continue to reduce the stigmatization of mental illness and lend our support to those who are living with mental health disorders and addictions so they can seek professional assistance; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 2017 Mental Health Awareness Month in the state of Michigan.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Sowerby, Ellison, Faris, Liberati, Dianda, Sabo, Chirkun, Hoadley, Green, Moss, Yanez, Pagan, Rabhi, Sneller, Wittenberg, LaGrand, Elder, Gay-Dagnogo, Cochran, Geiss and Schor offered the following resolution:
House Resolution No. 77.
A resolution to urge the Congress of the United States to eliminate the cap on taxable earnings for Social Security.
Whereas, In 1935, President Roosevelt signed into law the Society Security Act. In the more than 80 years since its passage, this hallmark Great Depression program has provided a critical safety net to our nation’s retirees, their surviving spouses, and to those with disabilities. Today, tens of millions of Americans count on their monthly Social Security benefit to make mortgage payments, rent payments, pay utility bills, and buy groceries; and
Whereas, The Social Security program is financed through legislatively-set payroll tax deductions. Since 1990, employers and employees have each remitted 6.2 percent of taxable earnings to the program. Individuals who are self-employed remit 12.4 percent to the program. The tax is calculated on taxable earnings up to certain amount, which changes annually according to the national wage index. The cap was installed originally to subject 90 percent of earnings nationwide to the program’s levy; and
Whereas, The Social Security program’s payroll tax is unfairly regressive. For the 2017 calendar year, only the first $127,200 of taxable earnings are subject to the Social Security payroll tax, limiting the financial burden of the program for well-to-do workers and families. Since 1980, this policy has benefited about 7 percent of covered high-income workers each year; and
Whereas, According to the Social Security Trustees, the Social Security Trust Fund can only provide full benefit payments through 2034. In 2035, incoming payroll deductions will only be sufficient to support 75 percent of promised benefits. This impending crisis is caused, in part, by the growing rich-poor wage disparity in the United States that has led to the payroll tax capturing only 83 percent of covered payroll rather than the intended 90 percent. This self-inflicted financial crisis will devastate a generation of Americans who have come to expect and plan for regular Social Security benefit payments from a system they have spent their entire careers supporting faithfully; and
Whereas, To maintain the solvency of the Social Security Trust Fund and provide meaningful benefits, Congress has raised the payroll tax more than 20 times since 1937 and indexed the payroll cap to inflation. Despite these actions, the solvency of the trust fund is once again in jeopardy. Faced with a similar issue in 1994, Congress chose to eliminate the cap on Medicare payroll tax deductions, and the same action should be taken for the Social Security program; and
Whereas, Eliminating the cap is necessary for the preservation of the Social Security program and the wellbeing of American retirees. The additional payroll tax revenue that will be generated by subjecting earnings over the wage base cap will help solidify the Social Security Trust Fund for the next generation of American workers. This would ensure the Social Security program continues to provide predictable, plannable retirement income for decades to come; now, therefore, be it
Resolved by the House of Representatives, That we urge the Congress of the United States to eliminate the cap on taxable wages for Social Security; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Tax Policy.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4063, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 43a.
(The bill was received from the Senate on April 25, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 26, see House Journal No. 37, p. 447.)
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. 82 Yeas—105
Afendoulis Frederick Kesto Rabhi
Albert Garcia Kivela Reilly
Alexander Garrett Kosowski Rendon
Allor Gay-Dagnogo LaFave Roberts
Barrett Geiss LaGrand Runestad
Bellino Glenn LaSata Sabo
Bizon Graves Lasinski Santana
Brann Green Lauwers Schor
Brinks Greig Leonard Sheppard
Byrd Greimel Leutheuser Singh
Calley Griffin Liberati Sneller
Camilleri Guerra Lilly Sowerby
Canfield Hammoud Love Tedder
Chang Hauck Lower Theis
Chatfield Hernandez Lucido VanderWall
Chirkun Hertel Marino VanSingel
Clemente Hoadley Maturen Vaupel
Cochran Hoitenga McCready VerHeulen
Cole Hornberger Miller Victory
Cox Howell Moss Webber
Crawford Hughes Neeley Wentworth
Dianda Iden Noble Whiteford
Durhal Inman Pagan Wittenberg
Elder Johnson Pagel Yanez
Ellison Kahle Peterson Yaroch
Faris Kelly Phelps Zemke
Farrington
Nays—2
Howrylak Robinson
In The Chair: Chatfield
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
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The Speaker resumed the Chair.
The Speaker laid before the House
House Bill No. 4064, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16b of chapter XVII (MCL 777.16b), as amended by 2008 PA 562.
(The bill was received from the Senate on April 25, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 26, see House Journal No. 37, p. 447.)
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. 83 Yeas—105
Afendoulis Frederick Kesto Rabhi
Albert Garcia Kivela Reilly
Alexander Garrett Kosowski Rendon
Allor Gay-Dagnogo LaFave Roberts
Barrett Geiss LaGrand Runestad
Bellino Glenn LaSata Sabo
Bizon Graves Lasinski Santana
Brann Green Lauwers Schor
Brinks Greig Leonard Sheppard
Byrd Greimel Leutheuser Singh
Calley Griffin Liberati Sneller
Camilleri Guerra Lilly Sowerby
Canfield Hammoud Love Tedder
Chang Hauck Lower Theis
Chatfield Hernandez Lucido VanderWall
Chirkun Hertel Marino VanSingel
Clemente Hoadley Maturen Vaupel
Cochran Hoitenga McCready VerHeulen
Cole Hornberger Miller Victory
Cox Howell Moss Webber
Crawford Hughes Neeley Wentworth
Dianda Iden Noble Whiteford
Durhal Inman Pagan Wittenberg
Elder Johnson Pagel Yanez
Ellison Kahle Peterson Yaroch
Faris Kelly Phelps Zemke
Farrington
Nays—2
Howrylak Robinson
In The Chair: Leonard
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
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The Speaker called the Speaker Pro Tempore to the Chair.
Third Reading of Bills
House Bill No. 4215, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 676 (MCL 257.676), as amended by 2003 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. 84 Yeas—77
Afendoulis Glenn Kesto Reilly
Albert Graves Kivela Rendon
Alexander Greimel LaFave Roberts
Allor Griffin LaSata Runestad
Barrett Guerra Lasinski Schor
Bellino Hammoud Lauwers Sheppard
Bizon Hauck Leonard Tedder
Brann Hernandez Leutheuser Theis
Brinks Hertel Lilly VanderWall
Calley Hoitenga Lower VanSingel
Camilleri Hornberger Lucido Vaupel
Canfield Howell Marino VerHeulen
Chatfield Howrylak Maturen Victory
Cole Hughes McCready Webber
Cox Iden Miller Wentworth
Crawford Inman Moss Whiteford
Farrington Johnson Noble Wittenberg
Frederick Kahle Pagel Yaroch
Garcia Kelly Phelps Zemke
Geiss
Nays—30
Byrd Ellison LaGrand Robinson
Chang Faris Liberati Sabo
Chirkun Garrett Love Santana
Clemente Gay-Dagnogo Neeley Singh
Cochran Green Pagan Sneller
Dianda Greig Peterson Sowerby
Durhal Hoadley Rabhi Yanez
Elder Kosowski
In The Chair: Chatfield
The House agreed to the title of the bill.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Sneller moved that his name be removed as co‑sponsor of the bill.
The motion prevailed.
Senate Bill No. 202, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 310c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 85 Yeas—103
Afendoulis Garcia Kesto Reilly
Albert Garrett Kivela Rendon
Alexander Gay-Dagnogo Kosowski Roberts
Allor Geiss LaFave Runestad
Barrett Glenn LaGrand Sabo
Bellino Graves LaSata Santana
Bizon Green Lasinski Schor
Brann Greig Lauwers Sheppard
Brinks Greimel Leonard Singh
Byrd Griffin Leutheuser Sneller
Calley Guerra Liberati Sowerby
Camilleri Hammoud Lilly Tedder
Chang Hauck Love Theis
Chatfield Hernandez Lower VanderWall
Chirkun Hertel Lucido VanSingel
Clemente Hoadley Marino Vaupel
Cochran Hoitenga Maturen VerHeulen
Cox Hornberger McCready Victory
Crawford Howell Miller Webber
Dianda Howrylak Moss Wentworth
Durhal Hughes Neeley Whiteford
Elder Iden Pagan Wittenberg
Ellison Inman Pagel Yanez
Faris Johnson Peterson Yaroch
Farrington Kahle Phelps Zemke
Frederick Kelly Rabhi
Nays—4
Canfield Cole Noble Robinson
In The Chair: Chatfield
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”
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.
Senate Bill No. 118, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72108 and 73301 (MCL 324.72108 and 324.73301), section 72108 as amended by 2014 PA 215 and section 73301 as amended by 2007 PA 174, and by adding section 73302.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 86 Yeas—106
Afendoulis Frederick Kesto Rabhi
Albert Garcia Kivela Reilly
Alexander Garrett Kosowski Rendon
Allor Gay-Dagnogo LaFave Roberts
Barrett Geiss LaGrand Runestad
Bellino Glenn LaSata Sabo
Bizon Graves Lasinski Santana
Brann Green Lauwers Schor
Brinks Greig Leonard Sheppard
Byrd Greimel Leutheuser Singh
Calley Griffin Liberati Sneller
Camilleri Guerra Lilly Sowerby
Canfield Hammoud Love Tedder
Chang Hauck Lower Theis
Chatfield Hernandez Lucido VanderWall
Chirkun 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 Yanez
Ellison Johnson Peterson Yaroch
Faris Kahle Phelps Zemke
Farrington Kelly
Nays—1
Robinson
In The Chair: Chatfield
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect 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. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4313, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11, 201, and 236 as amended by 2016 PA 249 and section 17b as amended by 2007 PA 137.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Pagan moved to amend the bill as follows:
1. Amend page 29, following line 25, by inserting:
“Sec. 7. (1) EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, EACH DISTRICT OR INTERMEDIATE DISTRICT SHALL APPLY THE MONEY RECEIVED BY THE DISTRICT OR INTERMEDIATE DISTRICT UNDER THIS ARTICLE TO COSTS FOR SCHOOL OPERATING PURPOSES AND OTHER PURPOSES DESCRIBED IN SECTION 18(1). Costs for school operating purposes include all expenditures THAT ARE necessary to carry out the powers and the financial obligations of the district or intermediate district under the revised school code BUT DO NOT INCLUDE EDUCATIONAL PROFITEERING. A VIOLATION OF THIS SECTION CONSTITUTES EMBEZZLEMENT UNDER SECTION 175 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.175, AND IS PUNISHABLE AS PROVIDED UNDER THAT SECTION.
(2) AS USED IN THIS SECTION, “EDUCATIONAL PROFITEERING” MEANS THE TAKING OF FUNDS PROVIDED TO A DISTRICT OR INTERMEDIATE DISTRICT UNDER THIS ARTICLE AS PROFIT BY AN INDIVIDUAL OR ENTITY THAT IS CONTRACTED TO ADMINISTER THE DISTRICT OR INTERMEDIATE DISTRICT INCLUDING A SCHOOL OFFICIAL, MEMBER OF A SCHOOL BOARD OR INTERMEDIATE SCHOOL BOARD, MEMBER OF THE BOARD OF DIRECTORS OF A PUBLIC SCHOOL ACADEMY, OR OTHER PERSON, INCLUDING, BUT NOT LIMITED TO, AN INDIVIDUAL OWNER, MEMBER, EXECUTIVE OFFICER, OR BOARD MEMBER OF AN EDUCATIONAL MANAGEMENT ORGANIZATION THAT HAS A MANAGEMENT CONTRACT WITH A DISTRICT OR INTERMEDIATE DISTRICT OR A BOARD MEMBER OR OFFICIAL OF AN AUTHORIZING BODY OF A DISTRICT.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Elder moved to amend the bill as follows:
1. Amend page 121, line 1, after “programs.” by striking out “AN” and inserting “BEGINNING IN 2018-2019, AN”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Pagan moved to amend the bill as follows:
1. Amend page 63, following line 21, by inserting:
“(14) THE DEPARTMENT SHALL WORK WITH THE DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET AND THE DEPARTMENT OF TREASURY TO DEVELOP RECOMMENDATIONS TO FUND DISTRICTS AT THE LEVELS IDENTIFIED BY THE JUNE 2016 MICHIGAN EDUCATION FINANCE STUDY PREPARED BY AUGENBLICK, PALAICH, AND ASSOCIATES, WHICH REPORTED THAT THE BASE PER-PUPIL COSTS FOR NOTABLY SUCCESSFUL DISTRICTS IS $8,667.00. NOT LATER THAN JANUARY 1, 2018, THE DEPARTMENT SHALL REPORT THE RECOMMENDATIONS TO THE HOUSE AND SENATE APPROPRIATION SUBCOMMITTEES ON SCHOOL AID AND THE HOUSE AND SENATE FISCAL AGENCIES.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. LaGrand moved to amend the bill as follows:
1. Amend page 59, line 22, after “subsection.” by inserting “BEGINNING IN 2017-2018, FOR PUPILS IN MEMBERSHIP IN A PUBLIC SCHOOL ACADEMY THAT WAS ISSUED A CONTRACT UNDER SECTION 552 OF THE REVISED SCHOOL CODE, MCL 380.552, TO OPERATE AS A SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL THAT IS IN AT LEAST ITS SECOND YEAR OF OPERATION, THE ALLOCATION CALCULATED UNDER THIS SECTION IS AN AMOUNT EQUAL TO 80% OF THE AMOUNT AS OTHERWISE CALCULATED UNDER THIS SUBSECTION FOR A PUBLIC SCHOOL ACADEMY.”.
2. Amend page 83, line 26, by striking out “$3,953,000,000.00” and inserting “$3,937,000,000.00”.
3. Amend page 91, following line 14, by inserting:
“SEC. 22N. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $16,000,000.00 FOR 2017-2018 FOR ADDITIONAL PAYMENTS TO DISTRICTS FOR THE HIGHER INSTRUCTIONAL COSTS OF EDUCATING HIGH SCHOOL PUPILS.
(2) A DISTRICT IS ELIGIBLE FOR A PAYMENT UNDER THIS SECTION IF IT EDUCATES PUPILS IN 1 OR MORE OF GRADES 9 TO 12.
(3) THE PAYMENT TO EACH ELIGIBLE DISTRICT UNDER THIS SECTION SHALL BE AN AMOUNT EQUAL TO $36.00 MULTIPLIED BY THE DISTRICT’S TOTAL PUPIL MEMBERSHIP IN GRADES 9 TO 12 AS CALCULATED UNDER SECTION 6 FOR THE CURRENT FISCAL YEAR. IF THE ALLOCATION UNDER SUBSECTION (1) IS INSUFFICIENT TO FULLY FUND PAYMENTS UNDER THIS SUBSECTION, THE DEPARTMENT SHALL PRORATE PAYMENTS UNDER THIS SECTION ON AN EQUAL PER-PUPIL BASIS.”.
The question being on the adoption of the amendments offered by Rep. LaGrand,
Rep. LaGrand demanded the yeas and nays.
The demand was not supported.
The question being on the adoption of the amendments offered by Rep. LaGrand,
The amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Cochran moved to amend the bill as follows:
1. Amend page 259, line 16, by striking out all of section 152b and adjusting the totals in section 11 and enacting section 1 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Rabhi moved to amend the bill as follows:
1. Amend page 196, following line 21, by inserting:
“SEC. 78. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $4,500,000.00 FOR 2017-2018 TO REIMBURSE PUBLIC SCHOOLS NOT MORE THAN $950.00 FOR EACH SCHOOL BUILDING FOR EXPENSES INCURRED FROM OCTOBER 1, 2017 TO SEPTEMBER 30, 2018, RELATING TO WATER TESTING, FIXTURE REPLACEMENT, FILTER PURCHASES, PLUMBING ASSESSMENTS, OR TECHNICAL ASSISTANCE.
(2) BEFORE RECEIVING A PAYMENT UNDER THIS SECTION, A DISTRICT SHALL SUBMIT PROOF OF PUBLIC NOTIFICATION OF THE NUMBER OF FIXTURES PROVIDING DRINKING WATER OR WATER FOR FOOD PREPARATION IN THE SCHOOL BUILDING, THE RESULTS OF ANY WATER TESTING CONDUCTED IN THE SCHOOL BUILDING, AND THE NUMBER OF FIXTURES REPLACED AND ANY OTHER CORRECTIVE ACTION PLAN TAKEN REGARDING THE SCHOOL BUILDING.
(3) TO RECEIVE A PAYMENT UNDER THIS SECTION, A DISTRICT SHALL SUBMIT A REIMBURSEMENT REQUEST THROUGH THE DEPARTMENT’S EXISTING ELECTRONIC GRANT MONITORING SYSTEM, AS SPECIFIED BY THE DEPARTMENT.
(4) THE DEPARTMENT, DEPARTMENT OF ENVIRONMENTAL QUALITY, AND DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS SHALL PROVIDE SUPPORT TO SCHOOLS RECEIVING PAYMENT UNDER THIS SECTION, INCLUDING TECHNICAL ASSISTANCE, ANALYSIS OF RESULTS, SITE VISITS, AND OUTREACH MATERIALS. NOT MORE THAN 5% OF THE FUNDS ALLOCATED UNDER THIS SECTION MAY BE USED FOR ADMINISTRATIVE COSTS.
(5) NOT LATER THAN DECEMBER 31, 2018, THE DEPARTMENT AND THE DEPARTMENT OF ENVIRONMENTAL QUALITY SHALL PREPARE AND SUBMIT TO THE LEGISLATURE A REPORT SUMMARIZING THE NUMBER OF FIXTURES REPORTED PER SCHOOL, TESTS COMPLETED, TESTS WITH ELEVATED LEVELS OF LEAD, FIXTURES REPLACED, AND SCHOOLS THAT COMPLETED A PLUMBING ASSESSMENT.
(6) AS USED IN THIS SECTION, “SCHOOL BUILDING” MEANS A BUILDING USED TO PROVIDE INSTRUCTION TO STUDENTS THAT IS A SCHOOL OR UNIQUE EDUCATION PROVIDER, AS THOSE TERMS ARE DEFINED WITHIN THE GLOSSARY OF THE EDUCATIONAL ENTITY MASTER MAINTAINED BY THE CENTER.” and adjusting the totals in section 11 and enacting section 1 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Hoadley moved to amend the bill as follows:
1. Amend page 293, line 26, by striking out the balance of the subdivision and inserting:
“$76,026,200.00, $73,593,800.00 FOR OPERATIONS, $1,497,300.00 FOR PERFORMANCE FUNDING, AND $935,100.00.00 FOR SUPPLEMENTAL EQUITY PAYMENT.”.
2. Amend page 294, line 16, by striking out the balance of the line through “FUNDING” on line 17, and inserting “$347,150,900.00, $275,862,100.00 FOR OPERATIONS, $5,108,200.00 FOR PERFORMANCE FUNDING, $2,714,900.00 FOR SUPPLEMENTAL EQUITY PAYMENT,”.
3. Amend page 295, line 11, by striking out the balance of the subdivision and inserting:
“$316,254,500.00, $308,639,000.00 FOR OPERATIONS, $5,652,600.00 FOR PERFORMANCE FUNDING, AND $1,962,900.00 FOR SUPPLEMENTAL EQUITY PAYMENT.”.
4. Amend page 295, line 24, by striking out the balance of the subdivision and inserting:
“$214,171,400.00, $196,064,500.00 FOR OPERATIONS, $2,950,000.00 FOR PERFORMANCE FUNDING, AND $15,156,900.00 FOR SUPPLEMENTAL EQUITY PAYMENT.”.
5. Amend page 296, line 1, by striking out the balance of the subdivision and inserting:
“$109,615,100.00, $107,440,900.00 FOR OPERATIONS, $1,839,100.00 FOR PERFORMANCE FUNDING, AND $335,100.00 FOR SUPPLEMENTAL EQUITY PAYMENT.”.
6. Amend page 296, line 7, by striking out “$1,259,191,200.00” and inserting “$1,280,296,100.00.”.
7. Amend page 307, line 5, after “than” by striking out “$775.00” and inserting “$1,000.00”.
8. Amend page 307, line 10, after “least” by striking out “$775.00” and inserting “$1,000.00”.
9. Amend page 307, line 14, after “a” by striking out “$775.00” and inserting “$1,000.00”.
10. Amend page 316, line 4, after “EXCEED” by striking out “3” and inserting “3.5” and adjusting the subtotals, totals, and enacting section 1 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Hughes moved to amend the bill as follows:
1. Amend page 119, following line 24, by inserting:
“Sec. 31j. (1) From the general fund money appropriated in section 11, there is allocated an amount not to exceed $250,000.00 for 2016-2017 2017-2018 for a pilot project to support districts in the purchase of locally grown fruits and vegetables as described in this section.
(2) The department shall provide funding to prosperity regions 2 and 4 for the pilot project described under this section. From the funding identified in subsection (1), funding retained by the prosperity regions for administration of the project shall not exceed 10%, and funding retained by the department for administration shall not exceed 6%.
(3) The department shall develop and implement a competitive grant program for districts within the identified prosperity regions to assist in paying for the costs incurred by the district to purchase or increase purchases of whole or minimally processed fruits, vegetables, and legumes grown in this state. The maximum amount that may be drawn down on a grant to a district shall be based on the number of meals served by the school district during the previous school year under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769. 1769J. The department shall collaborate with the Michigan department of agriculture and rural development to provide training to newly participating schools and electronic information on Michigan agriculture.
(4) The goals of the pilot project include improving daily nutrition and eating habits for children through the school settings while investing in Michigan’s agricultural and related food business economy.
(5) A district that receives a grant under this section shall use those funds for the costs incurred by the school district to purchase whole or minimally processed fruits, vegetables, and legumes that meet all of the following:
(a) Are purchased on or after the date the district received notification from the department of the amount to be distributed to the district under this subsection, including purchases made to launch meals in September 2016 2017 for the 2016-2017 2017-2018 school year.
(b) Are grown in this state and, if minimally processed, are also processed in this state.
(c) Are used for meals that are served as part of the United States Department of Agriculture’s child nutrition programs.
(6) For Michigan-grown fruits, vegetables, and legumes that satisfy the requirements of subsection (5), matching reimbursements shall be made in an amount not to exceed 10 cents for every school meal that is served as part of the United States Department of Agriculture’s child nutrition programs and that uses Michigan-grown fruits, vegetables, and legumes.
(7) A district that receives a grant for reimbursement under this section shall use the grant to purchase whole or minimally processed fruits, vegetables, and legumes that are grown in this state and, if minimally processed, are also processed in this state.
(8) In awarding grants under this section, the department shall work in conjunction with prosperity region offices, in consultation with Michigan-based farm to school resource organizations, to develop scoring criteria that assess an applicant’s ability to procure Michigan-grown products, prepare and menu Michigan-grown products, promote and market Michigan-grown products, and submit letters of intent from districts on plans for educational activities that promote the goals of the program.
(9) The department shall give preference to districts that propose educational activities that meet 1 or more of the following: promote healthy food activities; have clear educational objectives; involve parents or the community; and connect to a school’s farm-to-school procurement activities.
(10) In awarding grants, the department shall also consider all of the following: the percentage of children who qualify for free or reduced price school meals under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769; 1769J; the variety of school sizes and geographic locations within the identified prosperity regions; and existing or future collaboration opportunities between more than 1 district in a prosperity region.
(11) As a condition of receiving a grant under this section, a district shall provide or direct its vendors to provide to prosperity region offices copies of monthly receipts that show the quantity of different Michigan-grown fruits, vegetables, and legumes purchased, the amount of money spent on each of these products, and the name and Michigan location of the farm that grew the products. The district shall also provide to the prosperity region monthly lunch numbers and lunch participation rates, and calendars or monthly menus noting when and how Michigan-grown products were used in meals. The district and school food service director or directors also shall agree to respond to brief online surveys and to provide a report that shows the percentage relationship of Michigan spending compared to total food spending. Not later than March 1, 2017, 2018, each prosperity region office shall submit a report to the department on expected outcomes and related measurements for economic development and children’s nutrition and readiness to learn based on progress so far. The report shall include at least all of the following:
(a) The extent to which farmers and related businesses, including distributors and processors, see an increase in market opportunities and income generation through sales of Michigan or local products to districts. All of the following apply for purposes of this subdivision:
(i) The data used to determine the amount of this increase shall be the total dollar amount of Michigan or local fruits, vegetables, and legumes purchased by schools, along with the number of different types of products purchased; school food purchasing trends identified along with products that are of new and growing interest among food service directors; the number of businesses impacted; and the percentage of total food budget spent on Michigan-grown fruits, vegetables, and legumes.
(ii) The prosperity region office shall use purchasing data collected for the project and surveys of school food service directors on the impact and success of the project as the source for the data described in subparagraph (i).
(b) The ability to which pupils can access a variety of healthy Michigan-grown foods through schools and increase their consumption of those foods. All of the following apply for purposes of this subdivision:
(i) The data used to determine whether this subparagraph is met shall be the number of pupils exposed to Michigan-grown fruits, vegetables, and legumes at schools; the variety of products served; new items taste-tested or placed on menus; and the increase in pupil willingness to try new local, healthy foods.
(ii) The prosperity region office shall use purchasing data collected for the project, meal count and enrollment numbers, school menu calendars, and surveys of school food service directors as the source for the data described in subparagraph (i).
(12) The department shall compile the reports provided by prosperity region offices under subsection (11) into 1 legislative report. The department shall provide this report not later than April 1, 2017 2018 to the house and senate subcommittees responsible for school aid, the house and senate fiscal agencies, and the state budget director.” and adjusting the totals in section 11 and enacting section 1 accordingly.
2. Amend page 338, line 10, after “31h,” by striking out “31j,”.
3. Amend page 338, line 13, by striking out “388.1631j,”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Roberts moved to amend the bill as follows:
1. Amend page 298, following line 8, by inserting “(10) FOR FISCAL YEAR 2017-2018 ONLY, $1,500,000.00 IS APPROPRIATED FOR THE MICHIGAN STATE UNIVERSITY FRUIT AND VEGETABLE PROCESSING TEACHING LABORATORY, APPROPRIATED FROM GENERAL FUND/GENERAL PURPOSE MONEY,.”.
and adjusting the subtotals, totals, and enacting section 1 accordingly.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Durhal moved to substitute (H-2) the bill.
The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Kelly moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Lauwers moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4313, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11, 201, and 236 as amended by 2016 PA 249 and section 17b as amended by 2007 PA 137.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 87 Yeas—60
Afendoulis Farrington Kahle Noble
Albert Frederick Kelly Pagel
Alexander Garcia Kesto Rendon
Allor Glenn LaFave Roberts
Bellino Graves LaSata Runestad
Bizon Griffin Lauwers Sheppard
Brann Hauck Leonard Tedder
Brinks Hernandez Leutheuser Theis
Calley Hoitenga Lilly VanSingel
Camilleri Hornberger Lower Vaupel
Canfield Howell Lucido VerHeulen
Chatfield Howrylak Marino Victory
Cole Hughes Maturen Webber
Cox Iden McCready Whiteford
Crawford Inman Miller Yaroch
Nays—47
Barrett Gay-Dagnogo LaGrand Sabo
Byrd Geiss Lasinski Santana
Chang Green Liberati Schor
Chirkun Greig Love Singh
Clemente Greimel Moss Sneller
Cochran Guerra Neeley Sowerby
Dianda Hammoud Pagan VanderWall
Durhal Hertel Peterson Wentworth
Elder Hoadley Phelps Wittenberg
Ellison Johnson Rabhi Yanez
Faris Kivela Reilly Zemke
Garrett Kosowski Robinson
In The Chair: Chatfield
The question being on agreeing to the title of the bill,
Rep. Lauwers moved to amend the title to read as follows:
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 11s, 15, 18, 18c, 20, 20d, 20f, 20m, 21g, 22a, 22b, 22d, 22g, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 32d, 32p, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 54b, 56, 61a, 61b, 61c, 62, 64b, 67, 74, 81, 94, 94a, 98, 99h, 99s, 99t, 102d, 104, 104c, 104d, 107, 147, 147a, 147c, 152a, 152b, 166b, 201, 201a, 203, 206, 207a, 207b, 207c, 209, 210b, 210e, 217, 223, 224, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 237b, 241, 244, 245, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286a (MCL 388.1603, 388.1604, 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1611s, 388.1615, 388.1618, 388.1618c, 388.1620, 388.1620d, 388.1620f, 388.1620m, 388.1621g, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1654b, 388.1656, 388.1661a, 388.1661b, 388.1661c, 388.1662, 388.1664b, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h, 388.1699s, 388.1699t, 388.1702d, 388.1704, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1752b, 388.1766b, 388.1801, 388.1801a, 388.1803, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1810e, 388.1817, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1841, 388.1844, 388.1845, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886a), sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 20d, 20f, 22a, 22b, 22d, 22g, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 35a, 39, 39a, 41, 51c, 51d, 53a, 54, 56, 61b, 62, 64b, 67, 74, 81, 94, 94a, 99s, 102d, 104, 104d, 107, 147, 147a, 147c, 152a, 166b, 201, 201a, 203, 206, 207a, 207b, 207c, 209, 210b, 217, 223, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 241, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 11s, 20m, 21g, 31b, 54b, 152b, 210e, and 286a as added by 2016 PA 249, sections 8b, 229, and 244 as amended by 2015 PA 85, section 18c as amended by 2012 PA 201, sections 20, 61a, 61c, 98, 99h, 99t, and 104c as amended by 2016 PA 313, section 51a as amended by 2016 PA 534, and section 245 as amended by 2014 PA 196, and by adding sections 22m, 64d, 95b, 164g, 164h, 239b, 249, 250, and 274d; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Second Reading of Bills
House Bill No. 4323, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2018; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Pagan moved to amend the bill as follows:
1. Amend page 350, line 10, by striking out “19,628,800” and inserting “18,928,800”.
2. Amend page 350, line 21, by striking out all of line 21 and line 22 and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 455, line 27, by striking out all of sec. 1307, and inserting:
“Sec. 1307. The department shall not allocate state restricted funds or state general funds appropriated in section 117 of part 1 for family, maternal, and child health for a pregnancy and parenting support services program which does not provide counseling on the use of contraceptives as a method for family planning and birth control.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Pagan moved to amend the bill as follows:
1. Amend 337, line 12, by striking out “5,097,300” and inserting “7,097,300” and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Brinks moved to amend the bill as follows:
1. Amend page 639, following line 24, by inserting:
“Police recruit scholarship program........................................................................................ 500,000”
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 664, following line 19, by inserting:
“Sec. 903. (1) As used in this section, “local unit of government” means a county, city, village, or township in this state with a population of 80,000 or more.
(2) From the appropriations in part 1 for police recruit scholarship program, the department shall create a police recruit scholarship grant program to assist local units of government in training police recruits in this state.
(3) Grants shall be made only if matched on a 1 to 1 basis with funds made available by a local unit of government. Grants to a single local unit of government shall not exceed $50,000.00 in this fiscal year.
(4) Grants under the police recruit scholarship grant program shall be used by local units of government to recruit and train police recruits as determined by the department.
(5) The department shall create an application process, selection criteria, and a grant dispersal process and post the application process, selection criteria, and grant dispersal process on the department’s website. In developing selection criteria, the department shall give preference to lower income young adults who reside in or near the local unit of government as determined by the department.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Greig moved to amend the bill as follows:
1. Amend page 379, line 13, by striking out all of section 298 and inserting:
“Sec. 298. The department shall continue working with stakeholders to improve the coordination of publicly funded physical health and behavioral health services in the state. All efforts made towards improving the coordination of supports and services for individuals having or at risk of having intellectual disabilities, developmental disabilities, substance use disorders, mental health, or physical health needs shall be built upon the published core values agreed upon by the workgroup established in section 298 of article X of 2016 PA 268. These core values shall include, but are not limited to, person centered planning and the expectation of high quality and consistent care provided statewide.”.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Yanez moved to amend the bill as follows:
1. Amend page 184, line 1, by striking out the balance of the line.
2. Amend page 184, line 13, by striking out “75,000,000” and inserting “41,000,000” and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Phelps moved to amend the bill as follows:
1. Amend page 124, following line 15 by inserting:
“Flint surface water study....................................................................................................... 150,000”.
2. Amend page 126, line 5, by striking out “$18,290,900” and inserting “$18,440,900” and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 146, following line 26, by inserting:
“Sec. 412. From the funds appropriated in part 1 for Flint surface water study, the department shall conduct a surface water study on the inorganic and organic matter present in the Flint River.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Faris moved to amend the bill as follows:
1. Amend page 342, line 5, by striking out:
“472.0 FTE positions............................................................................................................... 50,765,400”
and inserting:
“520.0 FTE positions.................................................................................................................... 56,171,200”.
2. Amend page 342, line 6, by striking out “16,377,100” and inserting “16,472,100”.
3. Amend page 342, line 13, by striking out “4,531,600” and inserting “12,031,600”.
4. Amend page 343, line 1, by striking out “152,849,600” and inserting “158,349,600”.
5. Amend page 343, line 3, by striking out “257,233,000” and inserting “258,787,400”.
6. Amend page 352, line 7, by striking out “42,514,000” and inserting “43,567,400”.
7. Amend page 352, line 9, by striking out “41,494,000” and inserting “42,254,200”.
8. Amend page 354, line 10, by striking out “106,289,100” and inserting “107,841,200”.
9. Amend page 354, line 17, by striking out “10,690,472,300” and inserting “10,691,477,700”.
10. Amend page 354, line 26, by striking out “158,851,200” and inserting “158,993,700”.
11. Amend page 355, line 9, by striking out “109,683,700” and inserting “109,724,000” and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Faris,
Rep. Faris demanded the yeas and nays.
The demand was not supported.
The question being on the adoption of the amendments offered by Rep. Faris,
The amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Rabhi moved to amend the bill as follows:
1. Amend page 125, following line 5, by inserting:
“Green infrastructure grants to control stormwater runoff...................................................... $ 100”.
2. Amend page 126, line 5, by striking out “$18,290,900” and inserting “$18,291,000”.
3. Amend page 127, line 24, by striking out “$25,770,400” and inserting “$27,132,400”.
4. Amend page 128, line 8, by striking out “$4,452,000” and inserting “$5,814,000”.
5. Amend page 128, line 11, by striking out:
“109.0 FTE positions............................................................................................................... $ 15,482,500”
and inserting:
“126.0 FTE positions.................................................................................................................... $ 18,044,900”.
6. Amend page 128, line 22, by striking out:
“2.0 FTE positions................................................................................................................... 861,800”
and inserting:
“3.0 FTE positions....................................................................................................................... 1,011,800”.
7. Amend page 130, line 5, by striking out “$7,677,900” and inserting “$10,390,300”.
8. Amend page 130, line 9, by striking out:
“131.0 FTE position................................................................................................................ $ 15,097,800”
and inserting:
“135.0 FTE positions.................................................................................................................... $ 16,351,300”.
9. Amend page 131, line 7, by striking out “$1,312,000” and inserting “$2,565,500”.
10. Amend page 133, following line 11, by inserting:
“Environmental cleanup and redevelopment program............................................................. 4,900,000”.
11. Amend page 133, line 13, by inserting:
“Refined petroleum product cleanup program........................................................................ 10,000,000”
and adjusting the subtotals, totals, and section 201 accordingly.
12. Amend page 144, following line 22, by inserting:
“Sec. 313. From the funds appropriated in part 1 for the vapor intrusion program, the department shall investigate at least 120 sites to determine whether chemical vapors have migrated from the original location of exposure. The purpose of this program is to evaluate, investigate, and mitigate sites statewide where vapor intrusion issues are or may be present.”.
13. Amend page 145, following line 12, by inserting:
“Sec. 315. Lead and copper monitoring reports required by Administrative Rule R 325.10710d and issued in accordance with 1976 PA 399 must be provided by the department to the legislative bodies of the local jurisdiction from which test samples were drawn within thirty days of completion. Local jurisdictions may include counties, cities, villages, and townships.”.
14. Amend page 146, following line 6, by inserting:
“Sec. 406. From the funds appropriated in part 1 for the green infrastructure grants to control storm water runoff program, the Department shall create a competitive grant program and award grants to local units of government for green infrastructure projects that help control storm water runoff and reduce pollution impacts to waterways.”.
15. Amend page 147, following line 16, by inserting:
“Sec. 604. From the funds appropriated in Part 1, the department will host three training sessions to public water supply owners and operators to provide technical assistance on the Lead and Copper Rule (LCR) of the Safe Drinking Water Act and contact 100% of public water supplies that are subject to the Lead and Copper Rule (LCR) with information on current LCR requirements including any modifications to Michigan’s LCR and associated guidance and policies. The purpose of the program is to ensure that water is in accordance with Safe Drinking Water Act.”.
16. Amend page 625, following line 23, by inserting:
“Sec. 221. The department is prohibited from using coal tar products.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Yanez moved to amend the bill as follows:
1. Amend page 36, line 1, by striking out “1,000,000” and inserting “4,500,000”.
2. Amend page 75, following line 8, by inserting:
“Sec. 618. The department shall maintain 70 probation agent positions and 20 clerical positions at the court services unit of Wayne County probation. No less than 55 of the probation positions and no less than 10 of the clerical positions shall be filled at any given time, in order to combat overtime and submission of erroneous reports.”.
3. Amend page 77, following line 27, by inserting:
“Sec. 817. (1) The department shall convene a workgroup in collaboration with labor union representation, civil service, and any other appropriate parties to recommend solutions to address mandatory overtime, nursing staff turnover, and nursing staff retention at correctional facilities.
(2) By March 1, the department shall provide the workgroup’s recommendations to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director.”.
4. Amend page 180, following line 14, by inserting:
“City, village, and township public safety revenue sharing grant program............................ $ 27,500,000”.
5. Amend page 295, following line 26, by inserting:
“Sec. 958. (1) From the funds appropriated in part 1 for the city, village, and township public safety revenue sharing grant program, a city, village, or township that directly provided or contracted for police and fire services for its residents for the entire prior fiscal year shall receive a payment equal to the population of the city, village, or township multiplied by a per capita payment amount as determined by the department of treasury. The department of treasury shall determine the per capita payment amount by dividing $27,500,000.00 by the total population of the cities, villages, and townships that certify with the department of treasury that they directly provided or contracted for police and fire services for the entire prior fiscal year. For purposes of this section, population is determined in the same manner as under section 3 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.903. In addition, any city or village that according to the 2010 federal decennial census is determined to have a population in more than 1 county shall be treated as a single entity when determining the payment received under this section. The department of treasury shall develop detailed guidance for a city, village, or township to follow to meet the requirements of this subsection.
(2) In order to qualify for a payment under subsection (1), cities, villages, and townships must certify that they directly provided or contracted for police and fire services for the entire prior fiscal year with the department of treasury not later than November 1.
(3) Cities, villages, and townships eligible to receive a payment under subsection (1) shall receive their eligible payment on the last business day of June.
(4) A city, village, or township that receives a payment under this section must use the funds to pay for costs associated with police and fire services.”.
6. Amend page 513, line 5, by striking out “3,500,000” and inserting “4,000,000”.
7. Amend page 612, line 11, by striking out:
“-280.0 FTE positions............................................................................................................. $ 41,826,000”
and inserting:
“-284.0 FTE positions.................................................................................................................. $ 42,435,200”
and adjusting the subtotals, totals, and section 201 accordingly.
8. Amend page 632, line 15, by striking out all of sec. 903 and inserting:
“Sec. 903. From the increased funds appropriated in part 1 for conservation officers, the department shall hire, train, and outfit 10 detectives or specialists, or both, as well as 2 support staff. The primary purpose of the new staff is to conduct long-term surveillance and covert investigations to combat illegal activities and enforce regulations.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. LaGrand moved to amend the bill as follows:
1. Amend page 185, line 16, by striking out “63,436,100” and inserting “48,629,400”.
2. Amend page 185, line 18, by striking out “13,417,800” and inserting “28,224,500”.
3. Amend page 186, line 26, by striking out the balance of the entire line.
4. Amend page 186, line 27, by striking out “11,800,000” and inserting “21,800,000” and adjusting the subtotals, totals, and section 201 accordingly.
5. Amend page 255, following line 6, by inserting:
“Sec. 831. As a condition of receiving funds appropriated in part 1, the department shall be prohibited from entering into an information technology contract with FAST Enterprises, SAS, and CSG Government Solutions.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Pagan moved to amend the bill as follows:
1. Amend page 608, following line 2, by inserting:
“Great Lakes restoration initiative replacement funding......................................................... $ 37,500,000”.
2. Amend page 608, line 9, by striking out “$5,031,700” and inserting $42,531,700” and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Pagan,
Rep. Pagan demanded the yeas and nays.
The demand was not supported.
The question being on the adoption of the amendments offered by Rep. Pagan,
The amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Santana moved to amend the bill as follows:
1. Amend page 355, following line 22, by inserting:
“Refugee assistance program................................................................................................... 1,000,000”
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Durhal moved to amend the bill as follows:
1. Amend page 353, line 27, by striking out “40,500,000” and inserting “45,000,000”.
2. Amend page 354, line 17, by striking out “10,690,472,300” and inserting “10,693,387,400” and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 475, line 22, after “allocate” by striking out “$40,500,000.00” and inserting “$45,000,000.00”.
4. Amend page 475, line 24, after “2003-2004.” by striking out the balance of the subsection.
The question being on the adoption of the amendments offered by Rep. Durhal,
Rep. Durhal demanded the yeas and nays.
The demand was not supported.
The question being on the adoption of the amendments offered by Rep. Durhal,
The amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Cochran moved to amend the bill as follows:
1. Amend page 344, line 25, by striking out “265,335,600” and inserting “268,199,000”.
2. Amend page 344, line 26, by striking out “2,316,344,700” and inserting “2,335,981,300”.
3. Amend page 345 line 7, by striking out “1,966,137,500” and inserting “1,981,556,800”.
4. Amend page 345, line 17, by striking out “467.8 FTE” and inserting “474.3 FTE”.
5. Amend page 345, line 17, by striking out “58,565,600” and inserting “59,211,600”.
6. Amend page 345, line 24, by striking out “277.4 FTE” and inserting “289.4 FTE”.
7. Amend page 345, line 24, by striking out “30,638,600” and inserting “31,793,100”.
8. Amend page 345, line 27, by striking out “474.1 FTE” and inserting “482.1 FTE”.
9. Amend page 346, line 1, by striking out “67,273,500” and inserting “68,057,700”.
10. Amend page 346, line 7, by striking out “430.3 FTE” and inserting “439.8 FTE”.
11. Amend page 346, line 8, by striking out “58,601,500” and inserting “59,603,400”.
12. Amend page 346, line 13, by striking out “36,784,000” and inserting “37,938,500”.
13. Amend page 439, line 5, after “allocate up to” by striking out “$22,500,000.00” and inserting “$45,000,000.00”.
14. Amend page 439, line 6, after “hourly wages by” by striking out “$0.25” and inserting “$0.50”.
15. Amend page 608, following line 4, by inserting:
“Michigan conservation corps................................................................................................. 1,000,000”
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Durhal moved to amend the bill as follows:
1. Amend page 37, line 14, by striking out:
“Prison food service................................................................................................................ 58,491,900”
and inserting:
“Prison food service—370.0 FTE positions................................................................................. 69,491,900”
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 85, following line 27, by inserting:
“Sec. 946. Funds appropriated in part 1 shall not be used by the department to contract for the provision of prison food service. The state shall exercise its right to terminate the current prison food service contract, either for cause, for convenience, or for non-appropriation, as authorized under sections 2.152, 2.153, and 2.154 of the contract.”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Singh moved to amend the bill as follows:
1. Amend page 194, line 21, after “of” by striking out “$266,500,000.00” and inserting “$0.00”.
2. Amend page 671, line 11, by striking out “$495,278,500” and inserting “$547,565,800”.
3. Amend page 671, line 12, by striking out “$888,822,100” and inserting “$982,603,400”.
4. Amend page 671, line 21, by striking out “$1,150,941,800” and inserting “$1,244,723,200”.
5. Amend page 672, line 5, by striking out “$0” and inserting “$239,850,000”.
6. Amend page 673, line 18, by striking out “$189,750,000” and inserting “$216,400,000”.
7. Amend page 673, line 27, by striking out “$0” and inserting “$26,650,000” and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Singh,
Rep. Singh demanded the yeas and nays.
The demand was not supported.
The question being on the adoption of the amendments offered by Rep. Singh,
The amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Cox moved to amend the bill as follows:
1. Amend page 456, line 1, after “support,” by striking out “$400,000.00” and inserting “$700,000.00”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. VerHeulen moved to amend the bill as follows:
1. Amend page 194, line 19, following “September 30,” by striking out “2017” and inserting “2018”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Garcia moved to amend the bill as follows:
1. Amend page 10, following line 12, by inserting:
“Michigan state university fruit and vegetable processing teaching laboratory...................... $ 1,500,000”
and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Chang moved to amend the bill as follows:
1. Amend page 674, line 3, by striking out “$100” and inserting “$468,200”.
2. Amend page 674, line 9, by striking out “$114,959,600” and inserting “$115,427,700” and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Kahle moved to amend the bill as follows:
1. Amend page 352, line 7, by striking out “42,514,000” and inserting “42,663,900” and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 461, line 3, after “services,” by striking out “$100.00” and inserting “$150,000.00”.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Kahle moved to amend the bill as follows:
1. Amend page 352, line 7, by striking out “42,514,000” and inserting “43,567,500”.
2. Amend page 352, line 9, by striking out “41,494,000” and inserting “42,254,300” and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Iden moved to amend the bill as follows:
1. Amend page 439, following line 22, by inserting:
“Sec. 1011. From available funds available in part 1 through the state targeted response to the opioid crisis grant, the department shall provide $850,000.00 for the development of a genomic based demonstration program to predict opioid response and abuse and analyze cost savings to the state Medicaid population. The demonstration program shall be operated by Kalamazoo Community Mental Health and Substance Abuse Services and shall identify relevant biomarkers that predict risk of opioid abuse and overdose by analyzing test results from the Kalamazoo Medicaid population served by the Kalamazoo Community Mental Health and Substance Abuse Services. The demonstration program shall utilize a custom screening panel developed by a Michigan based genomics lab that is certified under the clinical laboratory improvement amendments of 1988, Public Law 100-578. The Kalamazoo Community Mental Health and Substance Abuse Services will analyze data and compile results relating to relevant biomarkers, their impact on cost to the Medicaid population in the demonstration program, and present a final report to the department, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies by June 1 of the current fiscal year.”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Garcia moved to amend the bill as follows:
1. Amend page 379, line 23, after “supports,” by inserting “customer health status, customer satisfaction, provider network stability,”.
2. Amend page 380, line 1, after “disorder.” by inserting “The evaluation described in this subsection shall be performed by researchers from one of the state’s research universities.”.
3. Amend page 380, following line 23, by inserting:
“(b) That any changes made to a Medicaid waiver or Medicaid state plan to implement the pilots described in this subsection must only be in effect for the duration of the pilots described in this subsection.” and renumbering the remaining subdivisions.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Howrylak moved to amend the bill as follows:
1. Amend page 355, following line 16, by inserting:
“Chaldean American Ladies of Charity.................................................................................. $ 100”
and adjusting the subtotals, totals, and section 201 accordingly.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Cox moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Lauwers moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4323, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2018; to provide for certain conditions on appropriations; and to provide for the expenditure of the 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. 88 Yeas—60
Afendoulis Frederick Kesto Rendon
Albert Garcia LaFave Roberts
Alexander Glenn LaSata Runestad
Allor Graves Lauwers Sheppard
Barrett Griffin Leonard Tedder
Bellino Hauck Leutheuser Theis
Bizon Hernandez Lilly VanderWall
Brann Hoitenga Lower VanSingel
Calley Hornberger Lucido Vaupel
Canfield Howell Marino VerHeulen
Chatfield Hughes Maturen Victory
Cole Iden McCready Webber
Cox Inman Miller Wentworth
Crawford Kahle Noble Whiteford
Farrington Kelly Pagel Yaroch
Nays—47
Brinks Garrett Kivela Reilly
Byrd Gay-Dagnogo Kosowski Robinson
Camilleri Geiss LaGrand Sabo
Chang Green Lasinski Santana
Chirkun Greig Liberati Schor
Clemente Greimel Love Singh
Cochran Guerra Moss Sneller
Dianda Hammoud Neeley Sowerby
Durhal Hertel Pagan Wittenberg
Elder Hoadley Peterson Yanez
Ellison Howrylak Phelps Zemke
Faris Johnson Rabhi
In The Chair: Chatfield
The House agreed to the title of the bill.
Rep. Lauwers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Lauwers moved that House Bill No. 4313 be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4209, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1344 (MCL 600.1344), as amended by 2002 PA 739.
The bill was read a second time.
Rep. Lucido moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4210, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 151e (MCL 600.151e), as amended by 2004 PA 465.
The bill was read a second time.
Rep. Lucido 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.
Senate Bill No. 46, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 2016 PA 161.
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. 4421, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2016 PA 192.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education Reform,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hughes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4422, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2015 PA 219.
The bill was read a second time.
Rep. Hughes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Lauwers moved that House Committees be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment, printing and presentation to the Governor on Tuesday, May 2, for his approval of the following bills:
Enrolled House Bill No. 4204 at 10:58 a.m.
Enrolled House Bill No. 4203 at 11:00 a.m.
Enrolled House Bill No. 4329 at 11:02 a.m.
The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, April 27:
House Bill Nos. 4539 4540 4541 4542 4543 4544 4545 4546 4547 4548 4549 4550 4551 4552 4553
The Clerk announced that the following bills had been reproduced and made available electronically on Tuesday, May 2:
Senate Bill Nos. 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359
The Clerk announced that the following Senate bills had been received on Tuesday, May 2:
Senate Bill Nos. 180 181 182 183
Reports of Standing Committees
The Committee on Judiciary, by Rep. Runestad, Chair, reported
House Bill No. 4427, entitled
A bill to exempt from disclosure certain audio and video recordings recorded by law enforcement officers with a body-worn camera in certain private places; to describe certain individuals who may request disclosure of those audio and video recordings; and to prescribe the powers and duties of certain local and state law enforcement agencies.
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, May 2, 2017
Present: Reps. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Robinson, Guerra and Sowerby
The Committee on Transportation and Infrastructure, by Rep. Cole, Chair, reported
Senate Bill No. 176, entitled
A bill to amend 1996 PA 299, entitled “An act to regulate tourist-oriented directional signs on certain rural roads; and to impose certain duties upon the state transportation department,” by amending section 1 (MCL 247.401), as amended by 2004 PA 528.
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
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, May 2, 2017
Present: Reps. Cole, Webber, Lucido, Maturen, Roberts, Howell, Alexander, Calley, Noble, Chirkun, Love, Clemente, Sabo and Sneller
The Committee on Commerce and Trade, by Rep. Leutheuser, Chair, reported
House Bill No. 4207, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 90a and 90b (MCL 125.2090a and 125.2090b), as amended by 2014 PA 506.
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. Leutheuser, Garcia, Hughes, Kesto, Frederick, Rendon, Schor, Greimel, Byrd, Geiss and Camilleri
Nays: Reps. McCready and Hornberger
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, May 2, 2017
Present: Reps. Leutheuser, Garcia, Hughes, Kesto, McCready, Iden, Frederick, Hornberger, Rendon, Schor, Greimel, Byrd, Geiss and Camilleri
Absent: Rep. Scott
Excused: Rep. Scott
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, May 2, 2017
Present: Reps. Frederick, Kahle, Crawford, Iden, Leutheuser, Wentworth, Love and Geiss
Absent: Rep. Scott
Excused: Rep. 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, May 2, 2017
Present: Reps. Glenn, Hauck, Barrett, Cole, Tedder, Bellino, Farrington, Griffin, Johnson, LaFave, Lower, Reilly, Lasinski, Dianda, Camilleri, Elder and Green
Absent: Reps. Kivela and Garrett
Excused: Reps. Kivela and Garrett
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, May 2, 2017
Present: Reps. Kesto, Lucido, Graves, Howrylak, Roberts, Theis, Albert, Chang, Robinson, Guerra, Liberati and Wittenberg
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, May 2, 2017
Present: Reps. Hoitenga, Griffin, Glenn, Runestad, Sheppard, Tedder, Lower, Phelps, Hertel and Lasinski
Absent: Rep. Jones
Excused: Rep. Jones
Messages from the Senate
Senate Bill No. 180, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 5c, 5d, 5e, 5g, 5h, 5i, 5j, 5k, and 5l (MCL 722.115c, 722.115d, 722.115e, 722.115g, 722.115h, 722.115i, 722.115j, 722.115k, and 722.115l), sections 5c and 5d as amended by 2010 PA 379, section 5e as added by 2005 PA 133, section 5g as amended by 2007 PA 217, sections 5h, 5i, 5j, and 5k as added by 2007 PA 218, and section 5l as added by 2008 PA 15, and by adding sections 5n, 5o, 5p, 5q, 5r, and 5s.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Senate Bill No. 181, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 1, 1a, 2, 2a, 2c, 2d, 2e, 3, 3a, 3b, 3c, 3e, 3f, 3g, 5, 5b, 6, 8a, 8b, 9, 10, 11, 11a, 12, 13, 14, 14a, 14b, 14c, 14d, 14e, 14f, 15, and 16 (MCL 722.111, 722.111a, 722.112, 722.112a, 722.112c, 722.112d, 722.112e, 722.113, 722.113a, 722.113b, 722.113c, 722.113e, 722.113f, 722.113g, 722.115, 722.115b, 722.116, 722.118a, 722.118b, 722.119, 722.120, 722.121, 722.121a, 722.122, 722.123, 722.124, 722.124a, 722.124b, 722.124c, 722.124d, 722.124e, 722.124f, 722.125, and 722.126), section 1 as amended by 2014 PA 65, section 1a as added by 1984 PA 139, sections 2 and 3 as amended by 2006 PA 206, sections 2a, 3c, and 3e as amended by 2007 PA 217, sections 2c, 2d, and 2e as added by 2004 PA 531, section 3a as amended and section 8b as added by 1997 PA 165, section 3b as added by 1993 PA 211, section 3f as added by 2008 PA 15, section 3g as added and section 11 as amended by 2010 PA 85, section 5 as amended by 2011 PA 228, section 5b as added by 1998 PA 519, section 8a as added by 1980 PA 32, section 9 as amended by 2010 PA 379, section 10 as amended by 2016 PA 495, section 12 as amended by 1980 PA 232, section 14a as amended by 1984 PA 396, sections 14b and 14c as added by 1994 PA 209, section 14d as amended by 1995 PA 107, sections 14e and 14f as added by 2015 PA 53, and section 15 as amended by 2016 PA 487, and by adding sections 3h and 11c; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Senate Bill No. 182, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 7, 8, and 11b (MCL 722.117, 722.118, and 722.121b), section 8 as amended by 1980 PA 232 and section 11b as amended by 2010 PA 86, and by adding sections 4a, 5m, 7a, and 8c.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Families, Children, and Seniors.
Senate Bill No. 183, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15g of chapter XVII (MCL 777.15g), as amended by 2014 PA 76.
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: April 27, 2017
Time: 1:48 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4080 (Public Act No. 23, 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 1274a (MCL 380.1274a), as amended by 2003 PA 255.
(Filed with the Secretary of State April 27, 2017, at 2:52 p.m.)
Communications from State Officers
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rules
April 27, 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 Emergency Administrative Rule #2017-021-EQ (Secretary of State Filing #17-04-01) on this date at 4:38 P.M. for the Department of Environmental Quality entitled, “Establishment of Cleanup Criteria for 1, 4 – Dioxane”.
This rule takes effect upon filing with the Secretary of State and shall remain in effect for 6 months.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communication was referred to the Clerk.
Introduction of Bills
Reps. Chatfield, Cole, Johnson, LaFave, Miller, Glenn, Tedder, Kahle, Barrett, Alexander, Theis, Lucido, Hornberger, Runestad, Hauck, Hoitenga, Hernandez and Vaupel introduced
House Bill No. 4554, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2 and 2a (MCL 28.422 and 28.422a), section 2 as amended by 2015 PA 200 and section 2a as amended by 2016 PA 301.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Sabo, Sneller, Gay-Dagnogo, Chirkun, Byrd, Scott, Yanez, Durhal, Howell, Lucido, Elder, Greig, Camilleri, Neeley, Jones, Singh, Brinks, Faris, Pagan, Hoadley, Hertel, Chang, Dianda, Robinson, Wittenberg, Love, Geiss, Liberati, Ellison, Garrett, Rabhi, Yaroch, Lasinski, Peterson, Victory, Zemke, Bizon, Hughes, VanSingel, Moss, Hammoud and Santana introduced
House Bill No. 4555, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20135.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Barrett, Bellino, Marino, Elder, Iden, Roberts, Leutheuser, Moss, Dianda, VanderWall, Jones, Griffin, Chirkun, Camilleri, Lasinski, Hughes, Peterson, Durhal, Lucido, Greimel, Webber, Zemke, Sneller, Kesto, Inman, Crawford, Cox, Phelps, Yanez, Hauck, Cole, Maturen, Vaupel, Sheppard, Calley, Hertel, Whiteford, Victory, Howell, LaFave, Cochran, Wittenberg, Greig, Tedder, Green, Kelly, Rendon, Hernandez, Kosowski, Frederick, McCready, Sabo, Garcia, Lilly, Liberati, Faris, Hammoud, Sowerby, VanSingel, LaSata, Santana, Geiss, Neeley, Allor, Schor and Afendoulis introduced
House Bill No. 4556, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14f of chapter XVII (MCL 777.14f), as amended by 2010 PA 317.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Bellino, Geiss, Neeley, Cox, Allor, Schor, Afendoulis and Moss introduced
House Bill No. 4557, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 909 (MCL 436.1909), as amended by 2010 PA 175.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Moss, Barrett, Bellino, Marino, Elder, Iden, Roberts, Leutheuser, Dianda, VanderWall, Jones, Griffin, Chirkun, Camilleri, Lasinski, Hughes, Peterson, Durhal, Lucido, Greimel, Guerra, Webber, Zemke, Sneller, Inman, Crawford, Phelps, Yanez, Hauck, Cole, Maturen, Vaupel, Sheppard, Calley, Hertel, Whiteford, Victory, Howell, LaFave, Wittenberg, Cochran, Greig, Tedder, Green, Kelly, Rendon, Liberati, Lilly, Kosowski, Sabo, McCready, Faris, Hammoud, Sowerby, VanSingel, LaSata, Santana, Geiss, Neeley, Allor, Graves, Schor and Afendoulis introduced
House Bill No. 4558, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 610b.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Barrett, Bellino, Marino, Elder, Iden, Roberts, Leutheuser, Moss, Dianda, VanderWall, Jones, Griffin, Chirkun, Camilleri, Lasinski, Hughes, Peterson, Durhal, Lucido, Greimel, Guerra, Webber, Zemke, Sneller, Kesto, Inman, Cox, Phelps, Yanez, Hauck, Cole, Maturen, Vaupel, Sheppard, Hertel, Calley, Crawford, Whiteford, Victory, Howell, LaFave, Wittenberg, Cochran, Greig, Tedder, Green, Kelly, Rendon, Kosowski, Hernandez, Frederick, McCready, Liberati, Lilly, Sabo, Faris, Sowerby, VanSingel, LaSata, Santana, Geiss, Neeley, Allor, Graves, Schor and Afendoulis introduced
House Bill No. 4559, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 1025 (MCL 436.2025), as amended by 2010 PA 213.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Hammoud, Sabo, Geiss, Hoadley, Schor, Elder, Wittenberg, Love, Santana, Gay-Dagnogo and Sneller introduced
House Bill No. 4560, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 234d and 237a (MCL 750.234d and 750.237a), section 234d as amended by 1994 PA 158 and section 237a as amended by 2015 PA 26.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Lauwers, VanderWall, Rendon and Barrett introduced
House Bill No. 4561, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2016 PA 431.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. VanderWall, Lauwers, Rendon and Barrett introduced
House Bill No. 4562, entitled
A bill to amend 2012 PA 193, entitled “Agricultural disaster loan origination program act of 2012,” by amending sections 2, 3, 4, and 5 (MCL 286.422, 286.423, 286.424, and 286.425); and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Rendon, Lauwers, VanderWall and Barrett introduced
House Bill No. 4563, entitled
A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 2a (MCL 21.142a), as amended by 2007 PA 176.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Barrett, Lauwers, VanderWall and Rendon introduced
House Bill No. 4564, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2016 PA 432.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Glenn, Barrett, Johnson, Noble, Lucido and Chirkun introduced
House Bill No. 4565, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 231, 234d, and 237a (MCL 750.231, 750.234d, and 750.237a), section 231 as amended by 2006 PA 401, section 234d as amended by 1994 PA 158, and section 237a as amended by 2015 PA 26; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Hornberger, LaFave, Barrett, Johnson, Glenn, Noble, Lucido and Chirkun introduced
House Bill No. 4566, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter IX and section 16m of chapter XVII (MCL 769.12 and 777.16m), section 12 of chapter IX as amended by 2012 PA 319 and section 16m of chapter XVII as amended by 2014 PA 192.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. LaFave, Lucido, Chirkun and Hornberger introduced
House Bill No. 4567, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43510 (MCL 324.43510), as amended by 2013 PA 108.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Johnson, Glenn and Lucido introduced
House Bill No. 4568, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 2a, 5b, 5o, 12, and 15 (MCL 28.422, 28.422a, 28.425b, 28.425o, 28.432, and 28.435), section 2 as amended by 2015 PA 200, section 2a as amended by 2016 PA 301, section 5b as amended by 2015 PA 207, section 5o as amended by 2015 PA 206, section 12 as amended by 2010 PA 209, and section 15 as added by 2000 PA 265.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Sowerby, Rabhi, Cochran, Peterson, Pagan, Hertel, Green, Ellison, Lasinski, Hammoud, Geiss, Chang, Garrett, Hoadley, Sabo, Sneller, Greimel, Gay-Dagnogo, Moss, Jones, Yanez, Neeley, Phelps, Schor, Wittenberg, Robinson, Santana, Liberati, LaGrand, Faris, Brinks and Zemke introduced
House Bill No. 4569, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3109 and 3115 (MCL 324.3109 and 324.3115), section 3109 as amended by 2014 PA 536 and section 3115 as amended by 2004 PA 143.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Reps. Cochran, Rabhi, Peterson, Pagan, Hertel, Green, Ellison, Lasinski, Hammoud, Geiss, Chang, Garrett, Hoadley, Sabo, Sneller, Greimel, Sowerby, Moss, Jones, Yanez, Neeley, Phelps, Schor, Wittenberg, Robinson, Santana, Liberati, LaGrand, Faris, Brinks and Zemke introduced
House Bill No. 4570, entitled
A bill to amend 1969 PA 165, entitled “An act to authorize the public service commission to establish and enforce gas safety standards; and to provide penalties for violations thereof,” by amending section 3 (MCL 483.153).
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Reps. Pagan, Rabhi, Cochran, Peterson, Hertel, Green, Ellison, Lasinski, Hammoud, Geiss, Chang, Garrett, Hoadley, Sabo, Sneller, Sowerby, Gay-Dagnogo, Moss, Jones, Yanez, Neeley, Phelps, Schor, Wittenberg, Robinson, Santana, Liberati, LaGrand, Faris, Brinks and Zemke introduced
House Bill No. 4571, entitled
A bill to amend 1929 PA 16, entitled “An act to regulate the business of carrying or transporting, buying, selling, or dealing in crude oil or petroleum or its products, or certain substances consisting primarily of carbon dioxide through pipe lines; to authorize the use of public highways and the condemnation of private property; to regulate the purchase and storage of crude oil or petroleum or certain substances consisting primarily of carbon dioxide; to provide for the control and regulation of all corporations, associations, and persons engaged in such business, by the Michigan public service commission; to define the powers and duties of the commission in relation thereto; and to prescribe penalties,” by amending the title and sections 1, 2, 2a, 2b, 3, and 4 (MCL 483.1, 483.2, 483.2a, 483.2b, 483.3, and 483.4), the title and sections 1, 3, and 4 as amended by 2014 PA 85, section 2 as amended by 2014 PA 84, section 2a as amended by 2014 PA 83, and section 2b as added by 1997 PA 125, and by adding sections 3a, 3b, and 3c.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Reps. Rabhi, Cochran, Peterson, Pagan, Hertel, Green, Ellison, Lasinski, Hammoud, Geiss, Chang, Garrett, Hoadley, Sabo, Sneller, Greimel, Sowerby, Gay-Dagnogo, Moss, Jones, Yanez, Neeley, Phelps, Schor, Wittenberg, Robinson, Santana, Liberati, LaGrand, Faris, Brinks and Zemke introduced
House Bill No. 4572, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3106 (MCL 324.3106) and by adding section 32517 and part 168.
The bill was read a first time by its title and referred to the Committee on Energy Policy.
Reps. Sneller, Lucido, Elder, Faris, Phelps and Gay-Dagnogo introduced
House Bill No. 4573, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” (MCL 41.1a to 41.110c) by adding section 3b.
The bill was read a first time by its title and referred to the Committee on Local Government.
Reps. Rendon, Kahle, Whiteford, Miller, Allor, VanderWall, Lucido, Crawford, Robinson, Dianda, Peterson, Cochran and Gay-Dagnogo introduced
House Bill No. 4574, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 675 (MCL 257.675), as amended by 2013 PA 247.
The bill was read a first time by its title and referred to the Committee on Transportation and Infrastructure.
Reps. LaFave, Bellino and Runestad introduced
House Bill No. 4575, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2534 (MCL 600.2534), as amended by 2006 PA 506.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Yanez, Hoadley, Sowerby, Ellison, LaGrand, Elder, Robinson, Cochran, Garrett, Moss, Hammoud and Gay‑Dagnogo introduced
House Bill No. 4576, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 470 and 473 (MCL 750.470 and 750.473), section 470 as amended by 1998 PA 38 and section 473 as added by 1993 PA 140.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Yanez, Hoadley, Sowerby, Ellison, LaGrand, Elder, Robinson, Cochran, Garrett, Moss, Hammoud and Gay‑Dagnogo introduced
House Bill No. 4577, entitled
A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending section 4 (MCL 722.644), as amended by 2006 PA 236, and by adding section 2b.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Yanez, Hoadley, Sowerby, Ellison, LaGrand, Elder, Robinson, Cochran, Garrett, Moss, Hammoud and Gay‑Dagnogo introduced
House Bill No. 4578, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 2, 7, 11, and 12 (MCL 205.422, 205.427, 205.431, and 205.432), section 2 as amended by 2012 PA 188, sections 7 and 11 as amended by 2016 PA 86, and section 12 as amended by 2016 PA 309; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Announcements by the Clerk
The Clerk received the following dissent from Reps. Rabhi, Hammoud, Pagan and Hertel:
I hereby dissent on the proceedings in which the Speaker declared that there were insufficient members requesting to have their votes recorded on amendments to HB 4323 and HB 4313. Let the record of my dissent show that my reason for voting no is due to the fact that I and the remainder of my colleagues saw that over 1/5 of the members stood and expressed support of a record roll call vote. The ruling of the Speaker that there were insufficient votes was a clear violation of the Constitution of the State of Michigan and I deem it injurious to the public of the State of Michigan. Thus, under article 4, section 18, I respectfully request this dissent and reason for my dissent recorded in the official record of the house proceedings.
The Clerk received the following dissent from Reps. Schor, Hoadley and Green:
Today I submit my dissent to protest against the actions perpetrated by the Majority when it failed to allow constitutionally guaranteed recorded votes on parts of the budget. Members are fighting hard for a budget that supports our middle class, invests in our crumbling roads and bridges, ensures strong public safety and provides a top-rate education for our kids. To that end, we offered multiple amendments that would have resulted in a budget that more closely reflected these priorities. Despite explicit written evidence of the necessary 1/5 support within the chamber required for a record roll call vote, we were ignored and dismissed in violation of the Michigan Constitution. This is not what democracy looks like. I am disappointed in today’s actions.
The Clerk received the following dissent from Rep. Wittenberg:
Today I submit my dissent to protest against the actions perpetrated by the Majority when it failed to allow constitutionally guaranteed recorded votes on parts of the budget. Members are fighting hard for a budget that supports our middle class, invests in our crumbling roads and bridges, ensures strong public safety and provides a top-rate education for our kids. To that end, we offered multiple amendments that would have resulted in a budget that more closely reflected these priorities. Despite explicit written evidence of the necessary 1/5 support within the chamber required for a record roll call vote, we were ignored and dismissed in violation of the Michigan Constitution. This is not democracy!
The Clerk received the following dissent from Rep. Greig:
I respectfully submit my dissent to protest against the actions perpetrated by the Majority when it failed to allow constitutionally guaranteed recorded votes on parts of the budget. Members are fighting hard for a budget that supports our middle class, invests in our crumbling roads and bridges, ensures strong public safety and provides a top-rate education for our kids. To that end, we offered multiple amendments that would have resulted in a budget that more closely reflected these priorities. Despite explicit written evidence of the necessary 1/5 support within the chamber required for a record roll call vote, we were ignored and dismissed in violation of the Michigan Constitution. This is not what democracy looks like. I am disappointed in today’s actions.
The Clerk received the following dissent from Rep. Singh:
I hereby dissent to the actions of the House during second reading of HB 4323. I presented amendment 1Q and utilized the constitutional provision offered in the Michigan Constitution Article 4, section 18. More than 1/5 of members supported the request and 35% of them signed a letter stating that fact. The fact that the Speaker would not allow for a record roll call vote goes against the fabric of our democracy, the deliberative nature of the body and violates the constitutional provision that allows for members of the legislative body to have the voices of their constituents heard.
______
Rep. Lucido moved that the House adjourn.
The motion prevailed, the time being 9:45 p.m.
Associate Speaker Pro Tempore Tedder declared the House adjourned until Wednesday, May 3, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representative
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