No. 62

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2018

House Chamber, Lansing, Thursday, September 6, 2018.

12:00 Noon.

The House was called to order by the Speaker.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Farrington—present

e/d/s = entered during session

Rev. Robert L. Irish, Pastor of Catholic Community of St. Jude in DeWitt, offered the following invocation:

“In the book of Ecclesiastes we read:

There is a time for everything,

a time to be born and a time to die,

a time to plant and a time to uproot,

a time to kill and a time to heal,

a time to tear down and a time to build,

a time to be silent and a time to speak,

a time to love and a time to hate,

a time for war and a time for peace.

Most of us can recall exactly where we were on that fateful day of September 11, 2001. For me that morning my heart sank as my soul cried out to God when I first heard the news and when I first saw the images of the planes hitting the twin towers. Pain ran through my whole body as my knees buckled. I grasped onto every image of the wreckage as first responders search for life and my mind struggles to even think how many lives have been forever scarred since that fateful day.

But as I remember that sad event in the history of our country, I needed to remember then as I need to remember today, most importantly, that our God is a God of redemption and restoration. And our prayer should always be that our Creator God will endow us with the power to create, not to destroy; to love, not to hate; to build up instead of tearing down; to reconcile instead of breaking apart; to seek restorative justice instead of revenge; to seek peace instead of war.

And so, let us pray:

Creator God, You inspire us with love for all creation. Give us today the strength and courage to transform the compassion of our hearts into acts of peace, mercy and justice. Empower us to shape a world marked by ways of life that lead to justice and peace. Fashion in us a people who are more ready to grow in understanding than eager to judge those who are different from us. Form us, a people determined to heal wounds rather than inflict them. We ask all of this in Your most holy Name. Amen.”

______

Rep. Lauwers moved that Reps. Durhal, McCready, Robinson and Scott be excused from today’s session.

The motion prevailed.

Comments and Recommendations

Rep. Lauwers moved that Rule 17 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Lauwers moved that the following remarks be printed in the Journal.

The motion prevailed.

Speaker Leonard:

“On behalf of the Michigan House of Representatives, I want to welcome everyone to our annual ceremony honoring Michigan’s first responders and military members and remembering those we’ve lost. I also want to thank everyone for coming to the Capitol today to honor our local heroes and remember the sacrifices they’ve made.

Men and women from every corner of this state put their lives on the line every day to keep us safe and protect our way of life. They leave their families and their homes for days, weeks and months at a time to put themselves in harm’s way, because we need courageous people to stand guard. We ask these brave men and women to watch over our friends, families and loved ones, and the best of us answer the call.

Those who have stepped forward and risked their lives deserve our thanks, and they deserve to be remembered as we go about our own daily lives. While we enjoy the freedom and opportunity offered by this great land, they have our back both here at home and overseas. Law enforcement, firefighters, our men and women in uniform – they all live a life of service. They defend our nation from attack, protect our lives and communities and rush into danger and toward the fight.

Unfortunately, that life of service sometimes includes making the ultimate sacrifice. We gather today to honor those who have fallen and to remember those who are serving still across Michigan and around the world.

May we forever remember and always appreciate their selflessness and courage in the face of danger so that each of us can enjoy our precious freedoms. We will now the read the names of the five first responders and two members of the armed forces from our state who gave their lives in the line of duty this past year.”

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

Motions and Resolutions

Rep. Lauwers moved that when the House adjourns today it stand adjourned until Tuesday, September 25, at 1:30 p.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been reproduced and made available electronically on Wednesday, September 5:

House Bill Nos. 6291 6292 6293 6294 6295 6296 6297 6298 6299 6300 6301 6302 6303 6304

6305 6306 6307 6308 6309 6310 6311 6312 6313 6314 6315 6316 6317 6318

6319 6320 6321 6322 6323 6324

House Joint Resolution MM

The Clerk announced the filing to the Secretary of State on Thursday, September 6, the following:

Initiative Petition at 10:30 a.m.

An initiation of legislation to enact the Improved Workforce Opportunity Wage Act which would fix minimum wages for employees within this state; prohibit wage discrimination; provide for a wage deviation board; provide for the administration and enforcement of the act; prescribe penalties for the violation of the act; and supersede certain acts and parts of acts including 2014 PA 138.

Initiative Petition at 10:32 a.m.

An initiation of legislation to provide workers with the right to earn sick time for personal or family health needs, as well as purposes related to domestic violence and sexual assault and school meetings needed as the result of a child’s disability, health issues or issues due to domestic violence and sexual assault; to specify the conditions for accruing and using earned sick time; to prohibit retaliation against an employee for requesting, exercising, or enforcing rights granted in this act; to prescribe powers and duties of certain state departments, agencies, and officers; to provide for promulgation of rules; and to provide remedies and sanctions.

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Theis, Chair, of the Committee on Insurance, was received and read:

Meeting held on: Thursday, September 6, 2018

Present: Reps. Theis, VanderWall, Barrett, Glenn, Runestad, Vaupel, Webber, Bellino, Hoitenga, LaFave, Wentworth, Phelps, Gay-Dagnogo, Wittenberg, Hammoud and Lasinski

Absent: Rep. Greimel

Excused: Rep. Greimel

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Kelly, Chair, of the Committee on Education Reform, was received and read:

Meeting held on: Thursday, September 6, 2018

Present: Reps. Kelly, Hornberger, Crawford, Garcia, Roberts, Alexander, Griffin, Lilly, Noble, Reilly, Zemke, Brinks, Chang, Camilleri and Sowerby

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Miller, Chair, of the Committee on Elections and Ethics, was received and read:

Meeting held on: Thursday, September 6, 2018

Present: Reps. Miller, Calley, Kesto, Garcia, Webber, Lilly, Guerra, Zemke and Moss

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rendon, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Thursday, September 6, 2018

Present: Reps. Rendon, Noble, Hughes, Roberts, Farrington, Kahle, Liberati, Gay-Dagnogo and Ellison

Absent: Reps. McCready and Robinson

Excused: Reps. McCready and Robinson

Explanation of “No” Votes

Rep. Rabhi, having reserved the right to explain his protest against the passage of the Initiative Petition, made the following statement:

“Mr. Speaker and members of the House:

Rep Rabhi No Vote Explanation on Initiative Petition 2018 Improved Workforce Opportunity Wage Act

I firmly support increasing the minimum wage and I support this ballot initiative as proposed. However, the stated reason for passing this measure today is to allow the legislature to later weaken the proposal by amending it with a simple majority, thus circumventing the 3/4 vote threshold that would have been needed in order to amend had the measure passed at the ballot. This is nothing more than a legislative maneuver to sabotage the intent of the hundreds of thousands of voters who signed the petition to put this measure on the ballot. I strongly support and I stand alongside those Michiganders who voiced their support for increased wages. Therefore I will not lend my vote to this legislative trickery designed to undermine the will of Michiganders and protect corporations that profit from mistreating workers. I voted no on this initiative because I believe the people of Michigan deserve the chance to vote for a fair wage that is protected from political games and special interests.

It is time to stop toying with people’s livelihoods and commit to honoring the will of the people. I will always stand in solidarity with the working people of Michigan and their fight for better wages and benefits. To that end, I will do all that I can to ensure that the letter and spirit of this initiated legislation is protected moving forward.”

Rep. Rabhi, having reserved the right to explain his protest against the passage of the Initiative Petition, made the following statement:

“Mr. Speaker and members of the House:

Rep Rabhi No Vote Explanation on Initiative Petition 2018 Earned Sick Time Act

I firmly support this ballot initiative as proposed. However, the stated reason for passing this measure today is to allow the legislature to later weaken the proposal by amending it with a simple majority, thus circumventing the 3/4 vote threshold that would have been needed in order to amend had the measure passed at the ballot. This is nothing more than a legislative maneuver to sabotage the intent of the hundreds of thousands of voters who signed the petition to put this measure on the ballot. I strongly support and I stand alongside those Michiganders who voiced their support for earned sick time. Therefore I will not lend my vote to this legislative trickery designed to undermine the will of Michiganders and protect corporations that profit from mistreating workers. I voted no on this initiative because I believe the people of Michigan deserve the chance to vote for an earned sick time proposal that is protected from political games and special interests.

Introduction of Bills

Rep. Garrett introduced

House Bill No. 6325, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1308 (MCL 380.1308), as amended by 2016 PA 363.

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

Rep. Whiteford introduced

House Bill No. 6326, entitled

A bill to provide for licensing of adult residential psychiatric programs; to allow for psychiatric services to be provided in residential facilities; to provide for the powers and duties of certain state departments and agencies; to prescribe certain fees; and to provide for penalties and remedies.

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

Reps. Dianda and Cambensy introduced

House Bill No. 6327, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2018; and to provide for the expenditure of the appropriations.

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

Rep. Kahle introduced

House Bill No. 6328, 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 2017 PA 239.

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

Rep. Kahle introduced

House Bill No. 6329, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7303a (MCL 333.7303a), as amended by 2018 PA 101.

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

Reps. Lauwers, Johnson, Barrett, Cole and Miller introduced

House Bill No. 6330, entitled

A bill to amend 2014 PA 547, entitled “Industrial hemp research act,” by amending the title and sections 1, 2, 3, and 4 (MCL 286.841, 286.842, 286.843, and 286.844) and by adding sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20.

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

Reps. Johnson, Lauwers, Barrett, Cole and Miller introduced

House Bill No. 6331, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7106 (MCL 333.7106), as amended by 2014 PA 548.

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

Reps. Sowerby, Howell, Clemente, Moss, Geiss, Rabhi, Sneller, Ellison, Elder, Faris, Hertel, Sabo, Cambensy, Green, Yanez, Camilleri, Zemke and Greimel introduced

House Bill No. 6332, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1201 (MCL 380.1201), as amended by 2001 PA 27.

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

Rep. Hoitenga introduced

House Bill No. 6333, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 707 (MCL 436.1707), as amended by 2008 PA 11.

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

Rep. LaFave introduced

House Bill No. 6334, entitled

A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending the title and sections 103, 304, and 307 (MCL 331.1103, 331.1304, and 331.1307), the title and sections 304 and 307 as amended by 1988 PA 502 and section 103 as amended by 2010 PA 331, and by adding section 306a.

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

Rep. LaFave introduced

House Bill No. 6335, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2018 PA 114.

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

Rep. LaFave introduced

House Bill No. 6336, entitled

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

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

Rep. LaFave introduced

House Bill No. 6337, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2017 PA 261.

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

Rep. LaFave introduced

House Bill No. 6338, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2018 PA 113.

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

Rep. LaFave introduced

House Bill No. 6339, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7220, 7340, and 17708 (MCL 333.7220, 333.7340, and 333.17708), section 7220 as amended by 1999 PA 144, section 7340 as added by 2006 PA 261, and section 17708 as amended by 2016 PA 499; and to repeal acts and parts of acts.

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

Rep. LaFave introduced

House Bill No. 6340, entitled

A bill to amend 2014 PA 276, entitled “Methamphetamine abuse reporting act,” by amending section 2 (MCL 28.122).

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

Rep. LaFave introduced

House Bill No. 6341, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2014 PA 300.

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

Rep. LaFave introduced

House Bill No. 6342, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2016 PA 547.

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

Reps. LaFave, Bellino, Barrett and Noble introduced

House Bill No. 6343, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3104, 3107, 3109a, 3135, and 3157 (MCL 500.3104, 500.3107, 500.3109a, 500.3135, and 500.3157), section 3104 as amended by 2002 PA 662, section 3107 as amended by 2012 PA 542, section 3109a as amended by 2012 PA 454, and section 3135 as amended by 2012 PA 158, and by adding section 3180.

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

Rep. Singh introduced

House Bill No. 6344, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8125 (MCL 600.8125), as amended by 2012 PA 16.

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

Rep. Webber introduced

House Bill No. 6345, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16625 (MCL 333.16625), as amended by 2005 PA 161.

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

Reps. Jones, Faris, Camilleri, Brinks, Gay-Dagnogo, Yancey, Lasinski, Yanez, Sowerby, Chirkun, Geiss, Ellison, Love, Wittenberg, Pagan, Greig, Chang, Moss, Phelps, Green, Greimel, Hertel, Sabo, Byrd, Guerra, Sneller, Glenn, Clemente, Elder, Cambensy, Hammoud, Dianda, Hoadley, Durhal, Neeley, Garrett, Santana, Lucido, Calley, LaSata, Graves, Runestad, Rabhi, Allor, Yaroch, Crawford, Griffin, Maturen, Bellino, Theis, Kosowski, Miller, Bizon, Peterson, Noble, Canfield, Vaupel, Farrington, Frederick, Leonard, Alexander, Webber, Roberts, Albert, Kahle, Brann, Zemke, Afendoulis, Rendon, Lower, Kesto, Lauwers, Marino, Victory, Garcia, Cochran, Hoitenga, Pagel, Hughes, Cox, Howrylak, Inman, LaGrand, VanSingel, LaFave, Leutheuser, Singh, Wentworth, Chatfield, VanderWall, Hornberger, Sheppard, Lilly and Tedder introduced

House Bill No. 6346, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 22a.

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

Reps. Howrylak, Kahle, Lucido and Leutheuser introduced

House Bill No. 6347, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145g.

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

Rep. VerHeulen introduced

House Bill No. 6348, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending section 17 (MCL 123.1357), as amended by 2018 PA 248, and by adding section 17a.

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

Reps. Love, Chang, Yancey, Gay-Dagnogo, Byrd, Santana, Garrett, Durhal, Peterson, Neeley and Geiss introduced

House Bill No. 6349, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 31a.

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

______

Rep. LaSata moved that the House adjourn.

The motion prevailed, the time being 12:40 p.m.

The Speaker declared the House adjourned until Tuesday, September 25, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

2002 JOURNAL OF THE HOUSE [September 6, 2018] [No. 62

No. 62] [September 6, 2018] JOURNAL OF THE HOUSE 2003

2004 JOURNAL OF THE HOUSE [September 6, 2018] [No. 62

No. 62] [September 6, 2018] JOURNAL OF THE HOUSE 2005

2006 JOURNAL OF THE HOUSE [September 6, 2018] [No. 62

No. 62] [September 6, 2018] JOURNAL OF THE HOUSE 2007

2008