No. 98

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2019

 

 

 

 

House Chamber, Lansing, Thursday, October 17, 2019.

 

12:00 Noon.

 

The House was called to order by the Speaker.

 

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

 

 

Afendoulis—present       Filler—present              Kahle—present             Reilly—present

Albert—present             Frederick—present        Kennedy—present        Rendon—present

Alexander—present        Garrett—present           Koleszar—present         Robinson—present

Allor—present               Garza—present             Kuppa—present            Sabo—present

Anthony—present          Gay-Dagnogo—present LaFave—present           Schroeder—present

Bellino—present            Glenn—present             LaGrand—present         Shannon—present

Berman—present           Green—present             Lasinski—present         Sheppard—present

Bolden—present            Greig—present             Leutheuser—present     Slagh—present

Bollin—present              Griffin—present           Liberati—present          Sneller—present

Brann—present              Guerra—present           Lightner—present         Sowerby—present

Brixie—present              Haadsma—present        Lilly—present              Stone—present

Byrd—present               Hall—present               Love—excused             Tate—present

Calley—present             Hammoud—present      Lower—present            VanSingel—present

Cambensy—present        Hauck—present            Maddock—present        VanWoerkom—present

Camilleri—present         Hernandez—present      Manoogian—present     Vaupel—present

Carter, B.—present         Hertel—present            Marino—present           Wakeman—present

Carter, T.—excused        Hoadley—present         Markkanen—present     Warren—present

Chatfield—present         Hoitenga—present        Meerman—present        Webber—present

Cherry—present             Hood—present             Miller—present            Wendzel—present

Chirkun—present           Hope—excused            Mueller—present          Wentworth—present

Clemente—present         Hornberger—present     Neeley—excused          Whiteford—present

Cole—present                Howell—present           O’Malley—present       Whitsett—excused

Coleman—present          Huizenga—present        Pagan—present             Wittenberg—present

Crawford—present         Iden—present               Paquette—present         Witwer—present

Eisen—excused             Inman—present            Peterson—present         Wozniak—present

Elder—present               Johnson, C.—present     Pohutsky—present        Yancey—present

Ellison—present            Johnson, S.—present     Rabhi—present             Yaroch—present

Farrington—present        Jones—present                                                

 

 

e/d/s = entered during session

Pastor Benjamin Hernandez, Lead Pastor of Calvary Baptist Church in Holland, offered the following invocation:

 

We come before You today, knowing that it is both a great honor and responsibility to serve the people of Michigan and the United States of America. Each day brings tremendous challenges and tremendous opportunities for those in public service. But we are reminded of the words You spoke in Proverbs 2, verse 6: ‘For the Lord gives wisdom; from His mouth come knowledge and understanding.’ So as this House prepares to debate, discuss, and discern the right solutions and strategies for this great state, we ask You God to give us Your wisdom, Your knowledge, and Your understanding. I pray for every leader present today, that they would know the power and presence of God is real. I pray that these public servants, whom You have placed in their respective positions, would be men and women of character, courage, and conviction. I pray that every decision to emerge from this place would be those that honor You, Lord. Bless the people of Michigan. Help us O God, to be a people that stand strong for freedom, for our generation and the generations to come. In Jesus name I pray. Amen.

 

 

______

 

 

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

 

 

______

 

 

Rep. Rabhi moved that Reps. Tyrone Carter, Hope, Love, Neeley and Whitsett be excused from today’s session.

The motion prevailed.

 

Rep. Cole moved that Rep. Eisen be excused from today’s session.

The motion prevailed.

 

 

Motions and Resolutions

 

 

Reps. Howell, Garza, Sabo and Sowerby offered the following resolution:

House Resolution No. 184.

A resolution to declare October 20-26, 2019, as Respiratory Care Week in the state of Michigan.

Whereas, Respiratory care is an honorable profession and is vital to sustaining high standards of health care; and

Whereas, The number of people affected by chronic lung disease is staggering and it costs Michigan citizens millions annually in hospitalization, physicians visits, and other medical expenses; and

Whereas, Respiratory care practitioners endeavor to educate the public in prevention and early detection of lung disease and encourage family physicians to utilize early screening; and

Whereas, Both state and national observances of this week will focus on increasing public awareness and the importance of early detection of chronic lung disease; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 20‑26, 2019, as Respiratory Care Week in the state of Michigan; and be it further

Resolved, That respiratory care practitioners across this state be commended for their outstanding contributions to health care.

   The question being on the adoption of the resolution,

   The resolution was adopted.

 

 

Second Reading of Bills

 

 

Senate Bill No. 257, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 4a of chapter IX (MCL 769.4a), as amended by 2013 PA 222.

The bill was read a second time.

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

The motion prevailed.

 

 

______

 

 

Rep. Cole moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, October 16:

House Bill Nos.     5113   5114   5115   5116  5117   5118   5119   5120   5121 5122

 

The Clerk announced that the following bill had been reproduced and made available electronically on Thursday, October 17:

Senate Bill No.      593

 

 

Reports of Standing Committees

 

 

The Committee on Health Policy, by Rep. Vaupel, Chair, referred

House Bill No. 4958, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16279.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Vaupel, Frederick, Alexander, Calley, Hornberger, Lower, Whiteford, Afendoulis, Filler, Mueller, Wozniak, Liberati, Garrett, Clemente, Ellison, Koleszar, Pohutsky, Stone and Witwer

Nays: None

The bill was referred to the Committee on Ways and Means.

 

 

The Committee on Health Policy, by Rep. Vaupel, Chair, referred

House Bill No. 5043, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100b and 772 (MCL 330.1100b and 330.1772), section 100b as amended by 2014 PA 200 and section 772 as added by 1995 PA 290, and by adding section 206a; and to repeal acts and parts of acts.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Vaupel, Frederick, Alexander, Calley, Hornberger, Lower, Whiteford, Afendoulis, Filler, Mueller, Wozniak, Liberati, Garrett, Clemente, Ellison, Koleszar, Pohutsky, Stone and Witwer

Nays: None

The bill was referred to the Committee on Ways and Means.

The Committee on Health Policy, by Rep. Vaupel, Chair, referred

House Bill No. 5044, entitled

A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 4c (MCL 722.954c), as amended by 2014 PA 337.

to the Committee on Ways and Means.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Vaupel, Frederick, Alexander, Calley, Hornberger, Lower, Whiteford, Afendoulis, Filler, Mueller, Wozniak, Liberati, Garrett, Clemente, Ellison, Koleszar, Pohutsky, Stone and Witwer

Nays: None

The bill was referred to the Committee on Ways and Means.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Vaupel, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Thursday, October 17, 2019

Present: Reps. Vaupel, Frederick, Alexander, Calley, Hornberger, Lower, Whiteford, Afendoulis, Filler, Mueller, Wozniak, Liberati, Garrett, Clemente, Ellison, Koleszar, Pohutsky, Stone and Witwer

 

 

Messages from the Senate

 

 

House Bill No. 4325, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16201, 18101, 18107, 18111, and 18115 (MCL 333.16201, 333.18101, 333.18107, 333.18111, and 333.18115), section 16201 as amended by 2016 PA 49, sections 18101 and 18111 as added by 1988 PA 421, section 18107 as amended by 1989 PA 262, and section 18115 as amended by 2006 PA 429, and by adding sections 18106, 18112, 18114, and 18116.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

 

 

Introduction of Bills

 

 

Rep. Bollin introduced

House Bill No. 5123, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 765a (MCL 168.765a), as added by 2018 PA 123.

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

 

 

Reps. Byrd, Tate, Robinson, Neeley, Wittenberg, Hertel, Cambensy, Chirkun, Peterson, Elder, Sneller, Sabo, Cherry, Brixie, Lasinski, Coleman, Ellison, Hope, Anthony, Gay-Dagnogo, Cynthia Johnson, Witwer, Kuppa, Yancey, LaGrand, Hood, Love, Bolden and Jones introduced

House Bill No. 5124, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78g and 78q (MCL 211.78g and 211.78q), section 78g as amended by 2014 PA 500 and section 78q as amended by 2019 PA 35.

The bill was read a first time by its title and referred to the Committee on Local Government and Municipal Finance.

Reps. Paquette, Miller, Griffin, Yaroch, Gay-Dagnogo, Brann, LaGrand, Hoadley, Haadsma, Calley and Markkanen introduced

House Bill No. 5125, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2221 (MCL 333.2221).

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

 

 

Reps. Steven Johnson, Sabo, Brann, Howell and Miller introduced

House Bill No. 5126, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 135 and 154 (MCL 280.135 and 280.154), section 135 as amended by 2017 PA 62 and section 154 as amended by 2018 PA 646.

The bill was read a first time by its title and referred to the Committee on Local Government and Municipal Finance.

 

 

Reps. Kahle, Warren, Marino, Sheppard, Lilly, Vaupel, Lasinski, Chirkun, Byrd, Liberati and Wakeman introduced

House Bill No. 5127, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4cc (MCL 205.94cc), as added by 2015 PA 252.

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

 

 

Reps. Warren, Kahle, Marino, Sheppard, Lilly, Vaupel, Lasinski, Chirkun, Byrd and Liberati introduced

House Bill No. 5128, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4ee (MCL 205.54ee), as added by 2015 PA 251.

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

 

 

Reps. Camilleri, Pagan, Manoogian, Koleszar, Liberati, Garza, Bellino, Clemente and Gay-Dagnogo introduced

House Bill No. 5129, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 11j.

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

 

 

Reps. Camilleri, Pagan, Manoogian, Koleszar, Liberati, Garza, Bellino and Clemente introduced

House Bill No. 5130, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2018 PA 471.

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

 

 

Reps. Witwer, Tyrone Carter, Bolden, LaGrand, Chirkun, Garza, Pagan, Clemente, Manoogian, Koleszar, Cherry, Rabhi, Camilleri, Coleman, Lasinski, Brenda Carter, Kennedy, Byrd, Haadsma, Wozniak, Elder, Hope, Love, Anthony, Brixie, Warren, Gay-Dagnogo, Hood, Cambensy, Kuppa, Sowerby, Wittenberg, Lightner, Hertel, Crawford and Kahle introduced

House Bill No. 5131, entitled

A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” (MCL 451.2101 to 451.2703) by amending the title, as amended by 2014 PA 355, and by adding article 5A.

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

 

 

Rep. Albert introduced

House Bill No. 5132, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 48703 and 48711 (MCL 324.48703 and 324.48711), as amended by 2018 PA 529, and by adding section 48703b.

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

Reps. Brann, Crawford, Allor, Vaupel, Cherry and Bellino introduced

House Joint Resolution O, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 19 of article VI, to eliminate the age limitation from eligibility criteria for judicial office.

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

 

 

______

 

 

Rep. Filler moved that the House adjourn.

The motion prevailed, the time being 1:15 p.m.

 

Associate Speaker Pro Tempore Hornberger declared the House adjourned until Tuesday, October 22, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives