No. 15
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th
Legislature
REGULAR SESSION
OF 2019
House Chamber, Lansing, Thursday, February 14,
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—present 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.—present 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—present Mueller—present Wentworth—present
Clemente—present Hornberger—present Neeley—present Whiteford—present
Cole—present Howell—present O’Malley—present Whitsett—present
Coleman—present Huizenga—present Pagan—present Wittenberg—present
Crawford—present Iden—present Paquette—present Witwer—present
Eisen—present 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
Rep. Sarah Anthony, from the 68th
District, offered the following invocation:
“Dear kind and gracious Heavenly Father,
We humbly come before You today to first
thank You for Your many blessings, for the grace and the mercy that You bestow
onto us each and every day.
Thank You for the opportunity to serve the
people of the great state of Michigan. For our educators and health care
providers. For our first responders and hardworking state employees.
We ask You to be in the midst of today’s
session and to order our footsteps. We
pray that the words from our mouths and the meditation from our hearts be
acceptable in Your sight.
As reflected by today’s Valentine’s
holiday, we seek to make decisions through a lens of love and compassion. We
lean on Your son’s example of kindness, empathy and benevolence as we work to
solve our state’s most challenging problems.
We thank You for loving us and for loving
our great state.
Finally, we ask for wisdom and courage.
Wisdom to discern what is best for our constituents and the courage to make
tough decisions in the face of adversity.
God of our weary years,
God of our silent tears,
Thou Who has brought us thus far on
the way;
Thou Who has by Thy might,
Led us into the light,
Keep us forever in the path, we
pray.
Amen.”
______
The
Speaker called the Speaker Pro Tempore to the Chair.
Introduction of Bills
House Bill No. 4184, entitled
A bill to amend 1966 PA 331, entitled “Community
college act of 1966,” by amending section 166 (MCL 389.166), as added by 2008
PA 359.
The bill was read a first time by its title
and referred to the Committee on Education.
House Bill No. 4185, entitled
A bill to amend 1931 PA 328, entitled “The Michigan
penal code,” by amending section 377b (MCL 750.377b).
The bill was read a first time by its title
and referred to the Committee on Judiciary.
House Bill No. 4186, entitled
A bill to amend 2004 PA 452, entitled “Identity
theft protection act,” by amending section 4 (MCL 445.64), as added by 2018 PA
649.
The bill was read a first time by its title
and referred to the Committee on Financial Services.
House Bill No. 4187, entitled
A bill to require certain entities to provide
notice to certain persons in the event of a breach of security that results in
the unauthorized acquisition of sensitive personally identifying information;
to provide for the powers and duties of certain state governmental officers and
entities; and to prescribe penalties and provide remedies.
The bill was read a first time by its title
and referred to the Committee on Financial Services.
House Bill No. 4188, 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 2018 PA 639; 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.
Reps. Sheppard, Webber and Coleman introduced
House Bill No. 4189, entitled
A bill to amend 2007 PA 36, entitled “Michigan
business tax act,” by amending sections 117, 500, and 505 (MCL 208.1117,
208.1500, and 208.1505), section 117 as amended by 2011 PA 292, section 500 as
amended by 2016 PA 426, and section 505 as amended by 2011 PA 305, and by
adding section 402; and to repeal acts and parts of acts.
The bill was read a first time by its title
and referred to the Committee on Tax Policy.
Reps. Webber, Sheppard and Coleman introduced
House Bill No. 4190, entitled
A bill to amend 1995 PA 24, entitled “Michigan
economic growth authority act,” by amending section 8 (MCL 207.808), as amended
by 2009 PA 123.
The bill was read a first time by its title
and referred to the Committee on Tax Policy.
Reps. Coleman, Webber and Sheppard introduced
House Bill No. 4191, entitled
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” by amending section 680 (MCL 206.680), as amended by 2012 PA
70.
The bill was read a first time by its title
and referred to the Committee on Tax Policy.
House Bill No. 4192, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 552a (MCL 750.552a).
The bill was read a first time by its title and
referred to the Committee on Judiciary.
House Bill No. 4193, entitled
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 16bb of chapter XVII (MCL
777.16bb), as amended by 2014 PA 225.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
Reps. VanSingel and Lower introduced
House Bill No. 4194, 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 section 5l (MCL 28.425l), as
amended by 2017 PA 95.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
House Bill No. 4195, entitled
A bill to amend 1976 PA 451, entitled “The
revised school code,” by amending section 1505 (MCL 380.1505), as added by 2012
PA 594, and by adding section 1527a.
The bill was read a first time by its title
and referred to the Committee on Education.
House Bill No. 4196, entitled
A bill to amend 1954 PA 116, entitled “Michigan
election law,” (MCL 168.1 to 168.992) by adding sections 736h and 763.
The bill was read a first time by its title
and referred to the Committee on Elections and Ethics.
House Bill No. 4197, entitled
A bill to amend 2003 PA 225, entitled “An act
to designate March 31 of each year as Cesar E. Chavez day in the state of
Michigan; to designate July 14 of each year as President Gerald R. Ford day in
the state of Michigan; and to designate July 30 of each year as Henry Ford day
in the state of Michigan,” (MCL 435.301 to 435.303) by amending the title and
by adding section 4.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Cole and Sheppard introduced
House Bill No. 4198, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending sections 602b and 602c (MCL 257.602b and 257.602c),
section 602b as amended by 2016 PA 332 and section 602c as added by 2012 PA
592.
The bill was read a first time by its title
and referred to the Committee on Transportation.
Reps. Sheppard and Cole introduced
House Bill No. 4199, entitled
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending sections 602b and 907 (MCL 257.602b and 257.907),
section 602b as amended by 2016 PA 332 and section 907 as amended by 2015 PA 126.
The bill was read a first time by its title
and referred to the Committee on Transportation.
______
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
House Bill Nos. 4165 4166 4167 4168 4169 4170 4171 4172 4173 4174 4175 4176 4177 4178 4179 4180 4181 4182 4183
The Clerk
announced that the following bills had been reproduced and made available
electronically on Thursday, February 14:
Reports of Select Committees
The
following report, submitted by Rep. Wentworth, Chair, of the Committee on
Select Committee on Reducing Car Insurance Rates, was received and read:
Meeting held on: Wednesday, February
13, 2019
Present: Reps. Wentworth, Rendon,
Frederick, LaFave, Afendoulis, Lasinski, Sabo, Bolden and Whitsett
Reports of Standing Committees
The
following report, submitted by Rep. Marino, Chair, of the Committee on Commerce
and Tourism, was received and read:
Meeting held on: Thursday,
February 14, 2019
Present: Reps. Marino, Wendzel, Reilly,
Meerman, Schroeder, Wakeman, Cambensy, Camilleri, Hope, Manoogian and Robinson
COMMITTEE
ATTENDANCE REPORT
The
following report, submitted by Rep. Rendon, Chair, of the Committee on
Insurance, was received and read:
Meeting held on: Thursday, February 14,
2019
Present: Reps. Rendon, Markkanen,
Webber, Vaupel, Bellino, Frederick, Hoitenga, LaFave, Berman, Paquette,
Wittenberg, Gay-Dagnogo, Lasinski, Sneller, Bolden, Brenda Carter and Coleman
COMMITTEE
ATTENDANCE REPORT
The
following report, submitted by Rep. Hall, Chair, of the Committee on Oversight,
was received and read:
Meeting held on: Thursday, February 14,
2019
Present: Reps. Hall, Reilly,
Webber, Steven Johnson, LaFave, Schroeder, Cynthia Johnson, Camilleri and
LaGrand
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, February 14,
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 Concurrent Resolution No. 1.
A
concurrent resolution to disapprove Executive Order No. 2019-02.
(For text
of concurrent resolution, see House Journal No. 11, p. 100.)
The Senate
has adopted the concurrent resolution and named Senators Horn, Lucido, MacGregor and VanderWall
as co-sponsors.
The
concurrent resolution was referred to the Clerk for record.
Messages from the Governor
The
following message from the Governor was received February 14, 2019 and read:
No. 2019-05
Declaration of State of Emergency
This past week several parts of Michigan
have experienced severe winter weather. These events caused widespread and
extended power outages, hazardous driving conditions, and localized flooding,
causing an immediate threat to public health and safety due to exposure to
freezing temperatures, structural hazards, exposure to potential contaminants,
and increased emergency vehicle response times due to road hazards and
inaccessible roadways and bridges.
Among the areas most impacted by this
severe winter weather is the county of Ionia. Within the county of Ionia, the
city of Portland is experiencing an ongoing compromised operation of its only
wastewater treatment facility which is resulting in discharge of raw sewage
into the Grand River. The flood impact in the county of Ionia has damaged 25 to
30 homes and businesses due to extensive flooding in areas adjacent to the
Grand River. Emergency protective measures to mitigate additional flood damage
are needed and still ongoing. The county of Ionia is anticipating additional
and potentially extreme flooding due to the presence of ice jams on the Grand
River.
Beginning on February 7, 2019, the county
of Ionia has taken several actions to cope with the situation, including but
not limited to: declaring a local state of emergency; activating the disaster
response and recovery aspects for their emergency operations plans; evacuating
and providing shelter to affected residents; and issuing emergency public information.
Despite these measures, local resources
are insufficient to respond to the extreme flooding under the current
conditions. State assistance and other outside resources are necessary to
effectively respond to, and recover from, the impacts of flooding.
Under the Emergency Management Act, 1976
PA 390, MCL 30.403(4), “[t]he governor shall, by executive order or
proclamation, declare a state of emergency if he or she finds that an emergency
has occurred or that the threat of an emergency exists.” Therefore, acting
pursuant to the Michigan Constitution of 1963 and Michigan law, including the
Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421, I order the
following:
1. A
state of emergency is declared for the county of Ionia.
2. The
Emergency Management and Homeland Security Division of the Department of State
Police shall coordinate and maximize all state efforts and may call upon all
state departments to utilize available resources to assist in the designated
area pursuant to the Michigan Emergency Management Plan.
The state of emergency is terminated at
such time as the threats to public health, safety, and property caused by the
emergency no longer exist, and appropriate programs have been implemented to
recover from the effects of this emergency, but in no case later than March 9,
2019, unless extended as provided by 1976 Public Act 390, as amended.
Date: February
13, 2019
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor
JOCELYN
BENSON
SECRETARY
OF STATE
The
message was referred to the Clerk.
______
Rep.
VanSingel moved that the House adjourn.
The motion prevailed, the time being 12:40 p.m.
The
Speaker Pro Tempore declared the House adjourned until Tuesday, February 19, at
1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives