No. 48

STATE OF MICHIGAN

 

JOURNAL

OF THE

House of Representatives

 

100th Legislature

REGULAR SESSION OF 2019

 

 

 

 

House Chamber, Lansing, Thursday, May 16, 2019.

 

12:00 Noon.

 

The House was called to order by the Speaker Pro Tempore.

 

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

 

 

Afendoulis用resent Filler用resent Kahle用resent Reilly用resent

Albert用resent Frederick用resent Kennedy用resent Rendon用resent

Alexander用resent Garrett用resent Koleszar用resent Robinson用resent

Allor用resent Garza用resent Kuppa用resent Sabo用resent

Anthony用resent Gay-Dagnogo用resent LaFave用resent Schroeder用resent

Bellino用resent Glenn用resent LaGrand用resent Shannon用resent

Berman用resent Green用resent Lasinski用resent Sheppard用resent

Bolden用resent Greig用resent Leutheuser用resent Slagh用resent

Bollin用resent Griffin用resent Liberati用resent Sneller用resent

Brann用resent Guerra用resent Lightner用resent Sowerby用resent

Brixie用resent Haadsma用resent Lilly用resent Stone用resent

Byrd用resent Hall用resent Love用resent Tate用resent

Calley用resent Hammoud用resent Lower用resent VanSingel用resent

Cambensy用resent Hauck用resent Maddock用resent VanWoerkom用resent

Camilleri用resent Hernandez用resent Manoogian用resent Vaupel用resent

Carter, B.用resent Hertel用resent Marino用resent Wakeman用resent

Carter, T.用resent Hoadley用resent Markkanen用resent Warren用resent

Chatfield用resent Hoitenga用resent Meerman用resent Webber用resent

Cherry用resent Hood用resent Miller用resent Wendzel用resent

Chirkun用resent Hope用resent Mueller用resent Wentworth用resent

Clemente用resent Hornberger用resent Neeley用resent Whiteford用resent

Cole用resent Howell用resent O樽alley用resent Whitsett用resent

Coleman用resent Huizenga用resent Pagan用resent Wittenberg用resent

Crawford用resent Iden用resent Paquette用resent Witwer用resent

Eisen用resent Inman容xcused Peterson用resent Wozniak用resent

Elder用resent Johnson, C.用resent Pohutsky用resent Yancey容xcused

Ellison用resent Johnson, S.用resent Rabhi用resent Yaroch用resent

Farrington用resent Jones用resent

 

 

e/d/s = entered during session

Pastor Dallas Lenear, Director of Project GREEN in Grand Rapids, offered the following invocation:

 

徹ur God and Father creator of heaven and earth. I come to You today on behalf of these representatives of the citizens of the state of Michigan 組reat water. Your word declares that 奏here is no authority except that which God has established. Thank You for establishing these men and women in positions of service. God, any power that they have, I pray that they surrender back to You.

As they open this session, God, I pray that You would open their hearts to be sensitive to Your spirit. For every wrong, release within them a spirt of redemption. For every decision, give divine direction. For every high matter, God, help them to consider 奏he least of these. God, as they deliberate statewide policies, bring to their minds the names of the individuals they represent. Protect them from impure motivations and self-centered schemes.

Rather, God, motivate them with joy. Give them a spirit of unity. Show them what is good and what You require of them to act justly and to love mercy and to walk humbly with You, God. 

I pray this in the name of Jesus Your son and my savior.

Amen.

 

 

______

 

 

The Speaker assumed the Chair.

 

 

______

 

 

Rep. Rabhi moved that Rep. Yancey be excused from today痴 session.

The motion prevailed.

 

Rep. Cole moved that Rep. Inman be excused from today痴 session.

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, May 15:

House Bill Nos. 4587 4588 4589 4590 4591 4592 4593 4594 4595 4596 4597 4598 4599 4600 4601

House Joint Resolution H

 

The Clerk announced that the following Senate bills had been received on Wednesday, May 15:

Senate Bill Nos. 322 323 324 325 326 327

 

 

Reports of Select Committees

 

 

The Select Committee on Reducing Car Insurance Rates, by Rep. Wentworth, Chair, reported

Senate Bill No. 1, entitled

A bill to amend 1956 PA 218, entitled 典he insurance code of 1956, by amending sections 150, 2105, 2108, 2118, 2120, 3101, 3101a, 3104, 3107, 3111, 3112, 3113, 3114, 3115, 3135, 3142, 3148, 3157, 3163, 3172, 3173a, 3174, 3175, and 3177 (MCL 500.150, 500.2105, 500.2108, 500.2118, 500.2120, 500.3101, 500.3101a, 500.3104, 500.3107, 500.3111, 500.3112, 500.3113, 500.3114, 500.3115, 500.3135, 500.3142, 500.3148, 500.3157, 500.3163, 500.3172, 500.3173a, 500.3174, 500.3175, and 500.3177), section 150 as amended by 1992 PA 182, section 2108 as amended by 2015 PA 141, sections 2118 and 2120 as amended by 2007 PA 35, section 3101 as amended by 2017 PA 140, section 3101a as amended by 2018 PA 510, section 3104 as amended by 2002 PA 662, section 3107 as amended by 2012 PA 542, section 3113 as amended by 2016 PA 346, section 3114 as amended by 2016 PA 347, section 3135 as amended by 2012 PA 158, section 3163 as amended by 2002 PA 697, sections 3172, 3173a, 3174, and 3175 as amended by 2012 PA 204, and section 3177 as amended by 1984 PA 426, and by adding sections 261, 1245, 2116b, 3107c, 3107d, 3107e, 3157a, and 3157b and chapter 63.

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. Wentworth, Rendon, Frederick, LaFave, Afendoulis and Whitsett

Nays: Reps. Lasinski, Sabo and Bolden

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Wentworth, Chair, of the Select Committee on Reducing Car Insurance Rates, was received and read:

Meeting held on: Wednesday, May 15, 2019

Present: Reps. Wentworth, Rendon, Frederick, LaFave, Afendoulis, Lasinski, Sabo,

Bolden and Whitsett

 

 

Reports of Standing Committees

 

 

The Committee on Appropriations, by Rep. Hernandez, Chair, reported

House Bill No. 4230, entitled

A bill to amend 1979 PA 94, entitled 典he state school aid act of 1979, by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), sections 201 and 201a as amended by 2018 PA 265.

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. Hernandez, Miller, Inman, Albert, Allor, Brann, VanSingel, Whiteford, Yaroch, Bollin, Glenn, Green, Huizenga, Lightner, Maddock, Slagh and VanWoerkom

Nays: Reps. Hoadley, Love, Pagan, Hammoud, Peterson, Sabo, Brixie, Cherry, Hood, Kennedy and Tate

 

 

The Committee on Appropriations, by Rep. Hernandez, Chair, reported

House Bill No. 4233, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

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. Hernandez, Miller, Inman, Albert, Allor, Brann, VanSingel, Whiteford, Yaroch, Bollin, Glenn, Green, Huizenga, Lightner, Maddock, Slagh and VanWoerkom

Nays: Reps. Hoadley, Love, Pagan, Hammoud, Peterson, Sabo, Anthony, Brixie, Cherry, Hood, Kennedy and Tate

 

 

The Committee on Appropriations, by Rep. Hernandez, Chair, reported

House Bill No. 4238, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (H-3) 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. Hernandez, Miller, Inman, Albert, Allor, Brann, VanSingel, Whiteford, Yaroch, Bollin, Glenn, Green, Huizenga, Lightner, Maddock, Slagh, VanWoerkom and Brixie

Nays: Reps. Love, Pagan, Hammoud, Sabo, Anthony, Cherry, Hood, Kennedy and Tate

 

 

The Committee on Appropriations, by Rep. Hernandez, Chair, reported

House Bill No. 4241, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2020; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (H-3) 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. Hernandez, Miller, Inman, Albert, Allor, Brann, VanSingel, Whiteford, Yaroch, Bollin, Glenn, Green, Huizenga, Lightner, Maddock, Slagh, VanWoerkom and Cherry

Nays: Reps. Hoadley, Love, Pagan, Hammoud, Peterson, Sabo, Anthony, Brixie, Hood, Kennedy and Tate

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, May 15, 2019

Present: Reps. Hernandez, Miller, Inman, Albert, Allor, Brann, VanSingel, Whiteford, Yaroch, Bollin, Glenn, Green, Huizenga, Lightner, Maddock, Slagh, VanWoerkom, Hoadley, Love, Pagan, Hammoud, Peterson, Sabo, Anthony, Brixie, Cherry, Hood, Kennedy and Tate

 

 

The Committee on Insurance, by Rep. Rendon, Chair, referred

House Bill No. 4044, entitled

A bill to amend 1956 PA 218, entitled 典he insurance code of 1956, by amending sections 1205 and 1239 (MCL 500.1205 and 500.1239), section 1205 as amended by 2008 PA 422 and section 1239 as amended by 2008 PA 423.

to the Committee on Ways and Means with the recommendation that the substitute (H-2) be adopted.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Rendon, Markkanen, Webber, Vaupel, Bellino, Frederick, Hoitenga, LaFave, Berman, Paquette, Wittenberg, Gay-Dagnogo, Lasinski, Sneller, Bolden, Brenda Carter and Coleman

Nays: None

The bill and substitute were referred to the Committee on Ways and Means.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Thursday, May 16, 2019

Present: Reps. Rendon, Markkanen, Webber, Vaupel, Bellino, Frederick, Hoitenga, LaFave, Berman, Paquette, Wittenberg, Gay-Dagnogo, Lasinski, Sneller, Bolden, Brenda Carter and Coleman

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

House Bill No. 4412, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, (MCL 333.1101 to 333.25211) by adding section 17766g.

to the Committee on Ways and Means with the recommendation that the substitute (H-1) be adopted.

 

 

Favorable Roll Call

 

To Refer:

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

Nays: None

The bill and substitute were referred to the Committee on Ways and Means.

 

 

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

House Bill No. 4451, entitled

A bill to amend 1956 PA 218, entitled 典he insurance code of 1956, (MCL 500.100 to 500.8302) by adding section 3406u.

to the Committee on Ways and Means with the recommendation that the substitute (H-1) be adopted.

 

 

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 and substitute were 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, May 16, 2019.

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

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. O樽alley, Chair, of the Committee on Transportation, was received and read:

Meeting held on: Wednesday, May 15, 2019

Present: Reps. O樽alley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell, Sneller, Clemente, Haadsma and Shannon

Absent: Reps. Afendoulis and Yancey

Excused: Reps. Afendoulis and Yancey

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Marino, Chair, of the Committee on Commerce and Tourism, was received and read:

Meeting held on: Thursday, May 16, 2019

Present: Reps. Marino, Wendzel, Reilly, Meerman, Schroeder, Wakeman, Camilleri, Hope, Manoogian and Robinson

Excused: Rep. Cambensy

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Iden, Chair, of the Committee on Ways and Means, was received and read:

Meeting held on: Thursday, May 16, 2019

Present: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth, Warren, Byrd, Neeley and Hertel

Introduction of Bills

 

 

Rep. LaGrand introduced

House Bill No. 4602, entitled

A bill to amend 1949 PA 300, entitled 溺ichigan vehicle code, by amending section 801 (MCL 257.801), as amended by 2018 PA 656.

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

 

 

Reps. Eisen, Kennedy, Lower, Frederick, Rendon, Wozniak, Markkanen, Whitsett and Garza introduced

House Bill No. 4603, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 5111 (MCL 333.5111), as amended by 2016 PA 64.

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

 

 

Reps. Whitsett, Eisen, Peterson, Elder, Yancey, Rendon, Hoitenga, Garza, Tate, Cambensy, Haadsma, Kennedy, Brenda Carter, Wozniak, Neeley, Coleman, Jones and Robinson introduced

House Bill No. 4604, entitled

A bill to amend 1956 PA 218, entitled 典he insurance code of 1956, (MCL 500.100 to 500.8302) by adding section 3406u.

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

 

 

Reps. Neeley, Whitsett, Eisen, Peterson, Elder, Yancey, Rendon, Hoitenga, Garza, Tate, Chirkun, Cambensy, Kennedy, Brenda Carter, Wozniak, Coleman, Slagh, Jones and Robinson introduced

House Bill No. 4605, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, (MCL 333.1101 to 333.25211) by adding section 16221c.

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

 

 

Reps. Hoitenga, Whitsett, Eisen, Peterson, Elder, Yancey, Rendon, Garza, Chirkun, Tate, Cambensy, Kennedy, Brenda Carter, Wozniak, Neeley, Coleman, Jones and Robinson introduced

House Bill No. 4606, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, by amending section 9123 (MCL 333.9123), as added by 1988 PA 487.

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

 

 

Reps. Whitsett, Peterson, Elder, Yancey, Rendon, Hoitenga, Garza, Tate, Chirkun, Cambensy, Haadsma, Kennedy, Brenda Carter, Wozniak, Neeley, Coleman, Jones and Robinson introduced

House Bill No. 4607, entitled

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

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

 

 

Reps. Whitsett, Eisen, Peterson, Elder, Yancey, Rendon, Hoitenga, Garza, Chirkun, Tate, Cambensy, Haadsma, Kennedy, Brenda Carter, Wozniak, Neeley, Coleman, Jones and Robinson introduced

House Bill No. 4608, entitled

A bill to amend 1978 PA 368, entitled 撤ublic health code, (MCL 333.1101 to 333.25211) by adding section 5147.

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

 

 

Reps. Whitsett, Eisen, Peterson, Elder, Yancey, Rendon, Hoitenga, Garza, Chirkun, Tate, Cambensy, Haadsma, Kennedy, Brenda Carter, Wozniak, Neeley, Coleman, Jones and Robinson introduced

House Bill No. 4609, entitled

A bill to amend 1939 PA 280, entitled 典he social welfare act, by amending section 109 (MCL 400.109), as amended by 2018 PA 315.

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

Reps. Elder, Ellison, Kuppa, Hope, Tyrone Carter, Kennedy, Cynthia Johnson, Hertel, Sowerby, Brenda Carter and Cambensy introduced

House Bill No. 4610, entitled

A bill to amend 1976 PA 451, entitled 典he revised school code, (MCL 380.1 to 380.1852) by adding section 1177b.

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

 

 

Reps. Rendon, Eisen, Frederick, Markkanen, Paquette and Bellino introduced

House Bill No. 4611, entitled

A bill to amend 2001 PA 142, entitled 溺ichigan memorial highway act, (MCL 250.1001 to 250.2081) by adding section 1089.

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

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

By unanimous consent the House considered House Resolution No. 103 out of numerical order.

 

Reps. Chatfield, Gay-Dagnogo, Hoadley, Wittenberg, Yancey, Ellison, Byrd, Garrett, Cynthia Johnson, Sneller, Neeley, Tyrone Carter, Kuppa, Love, LaGrand, Brenda Carter, Sowerby, Cherry, Rabhi, Stone, Hertel, Hope, Koleszar, Pohutsky, Camilleri, Guerra, Hammoud, Manoogian, Cambensy, Pagan, Whitsett, Tate, Garza, Hood, Greig, Witwer, Jones, Robinson, Bollin, Chirkun, Clemente, Crawford, Haadsma, Lasinski, Sabo, Shannon and Warren offered the following resolution:

House Resolution No. 103.

A resolution to honor the life of Judge Damon J. Keith.

Whereas, Damon J. Keith dedicated his illustrious life and career to public service and justice. Born in the city of Detroit on July 4, 1922, the grandson of slaves, Judge Keith graduated from West Virginia State College in 1943 and was drafted into the United States Army. His experiences in his segregated unit served as the impetus for what would become a life dedicated to the pursuit of justice and civil rights in America. After his military duty, he sought and earned his law degree from Howard University in 1949 where he studied under future United States Supreme Court Justice Thurgood Marshall. He later earned a Master of Laws degree from Wayne State University in 1956; and

Whereas, Judge Keith began his career in private practice, opening one of Detroit痴 first African-American law firms in 1964. He quickly became drawn to public service and civic activism, displaying a strong commitment toward helping address racial discrimination, especially in the housing arena, in his beloved community. He served as president of the Detroit Housing Commission and was later appointed by Governor George Romney to serve as the Chair of the Michigan Civil Rights Commission; and

Whereas, On September 25, 1967, Judge Keith was nominated by President Lyndon B. Johnson and two weeks later was confirmed by the U.S. Senate to the U.S. District Court for the Eastern Division, later becoming the court痴 chief judge. On September 28, 1977, Judge Keith was nominated by President Jimmy Carter and confirmed to the U.S. Court of Appeals for the Sixth Circuit. For more than fifty years, he served on the federal bench as a dedicated and persistent champion for equality for everyone in the American jurisprudence system; and

Whereas, During Judge Keith痴 distinguished tenure on the bench, he decided some of this country痴 most divisive issues, courageously standing up against school segregation, governmental surveillance of citizens, discriminatory and hostile work environments fueled by sexual harassment; housing discrimination; efforts to limit African-American voting; bad corporate actors that engaged in racial discrimination; and secret hearings to deport hundreds of immigrants deemed suspicious; and

Whereas, We will eternally be guided by the oft-quoted words he penned in one of those cases, 泥emocracies die behind closed doors. . . . When government begins closing doors, it selectively controls information rightfully belonging to the people. Selective information is misinformation; and

Whereas, Beyond the bench, Judge Keith received countless awards and accolades throughout his life, among them 40 honorary doctorate degrees and the prestigious federal judiciary痴 Edward J. Devitt Award. He was committed to numerous community activities, including the YMCA, Boy Scouts, UNCF, the Detroit Symphony Orchestra, the Detroit Arts Commission, Interlochen Arts Academy, Sigma Phi Pi (Boule) and Alpha Phi Alpha Fraternity, Incorporated; and

Whereas, Judge Keith was loved by his friends and family, respected by his colleagues, and admired by the many law clerks whom he mentored and whose legal minds he helped to shape. He is survived by his daughters, Debbie, Cecile and Gilda, two granddaughters, and other relatives; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor the life of Judge Damon Keith. He was brilliant man, a legal titan, and a tremendous crusader for civil rights. His admirable legacy of courage, boldness, and determination will long continue to enrich our state and nation; and be it further

Resolved, That a copy of this resolution be transmitted to the family of Damon Keith as a token of our esteem and an expression of our highest tribute.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

 

Third Reading of Bills

 

 

House Bill No. 4227, entitled

A bill to create a committee on Michigan痴 mining future; to provide for the powers and duties of certain governmental officers and agencies; and to repeal acts and parts of acts.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays as follows:

 

 

Roll Call No. 92 Yeas107

 

 

Afendoulis Farrington Kahle Reilly

Albert Filler Kennedy Rendon

Alexander Frederick Koleszar Robinson

Allor Garrett Kuppa Sabo

Anthony Garza LaFave Schroeder

Bellino Gay-Dagnogo LaGrand Shannon

Berman Glenn Lasinski Sheppard

Bolden Green Leutheuser Slagh

Bollin Greig Liberati Sneller

Brann Griffin Lightner Sowerby

Brixie Guerra Lilly Stone

Byrd Haadsma Love Tate

Calley Hall Lower VanSingel

Cambensy Hammoud Maddock VanWoerkom

Camilleri Hauck Manoogian Vaupel

Carter, B. Hernandez Marino Wakeman

Carter, T. Hertel Markkanen Warren

Chatfield Hoadley Meerman Webber

Cherry Hoitenga Miller Wendzel

Chirkun Hood Mueller Wentworth

Clemente Hope Neeley Whiteford

Cole Hornberger O樽alley Whitsett

Coleman Howell Pagan Wittenberg

Crawford Huizenga Paquette Witwer

Eisen Iden Peterson Wozniak

Elder Johnson, C. Pohutsky Yaroch

Ellison Jones Rabhi

 

 

Nays1

 

 

Johnson, S.

 

 

In The Chair: Wentworth

The House agreed to the title of the bill.

Rep. Webber moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Rep. Markkanen offered the following resolution:

House Resolution No. 102.

A resolution to oppose the Keweenaw Bay Indian Community痴 application to regulate water quality and air quality under federal law on the L但nse Reservation.

Whereas, The Keweenaw Bay Indian Community is seeking federal approval to set water quality standards within the L但nse Reservation and regulate activities impacting water quality through the water quality certification process under the federal Clean Water Act. The community is also seeking to be treated the same as a state for the purposes of receiving federal funding for air regulation and submitting recommendations on air operating permits issued by the state of Michigan and other states; and

Whereas, Approving these requests would inevitably lead to unreasonable consequences, a patchwork of regulations, and be inappropriate for non-tribal property owners within and outside of the reservation borders. This is a significant concern given that the reservation boundaries encompass approximately 59,071 acres of land, of which only 35 percent (20,427 acres) are tribal lands; and

Whereas, The state of Michigan already has in place strong water quality standards to protect state waters. The state has designated that all state waters should be safe for fishing, swimming, and other uses and support native aquatic life and wildlife. The state has established預nd the United States Environmental Protection Agency (EPA) has approved耀cientifically based water quality criteria that ensure these uses are preserved; and

Whereas, The state of Michigan has administered for decades permit programs that protect the air and water for all Michigan residents. Michigan has been addressing air pollution since at least 1965 and issuing operating permits to protect air quality since the mid-1990s. Since 1972, Michigan has administered a permit program under state law that prevents discharges that would impair the designated uses of state waters. The EPA delegated authority to administer permit programs under the federal Clean Water Act to the state in 1973 based on these laws and has recently re-approved that delegated authority. This request by the Keweenaw Bay Indian Community raises questions and concerns on how future permits issued by the state could be impacted, including wetland permits, permits for discharges into state waters, and hydropower licenses; and

Whereas, Approving the Keweenaw Bay Indian Community request would not improve air or water quality but would create an unnecessary layer of government bureaucracy and increase the regulatory burden on businesses, property owners, and the state. Regardless of whether the request is approved, the state of Michigan will continue to regulate activities impacting state air and waters within the reservation under state law. Michigan痴 programs are sufficient to protect residents and wildlife from pollution; and

Whereas, Approving the Keweenaw Bay Indian Community request would lead to jurisdictional conflicts between the community and the state related to control of activities on state-owned land within the reservation boundaries. These conflicts would involve complicated and not easily resolved legal questions regarding state versus tribal sovereignty. It would also raise questions regarding potential impacts to state-owned mineral rights within the reservation; and

Whereas, Approving the Keweenaw Bay Indian Community request would subject non-tribal property owners within reservation boundaries to the decision-making of a tribal government in which they have no representation. Only around one-third of the people living within the reservation boundaries are tribal members. Our nation was founded on the democratic concept that people should have a say and be represented in the government that impacts their lives; now, therefore, be it

Resolved by the House of Representatives, That we oppose the Keweenaw Bay Indian Community Lake Superior Band of Chippewa request for treatment as a state under the federal Clean Water Act and the federal Clean Air Act; and be it further

Resolved, That copies of this resolution be transmitted to the Administrator of the United States Environmental Protection Agency and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Natural Resources and Outdoor Recreation.

 

 

Reps. Gay-Dagnogo, Hoadley, Yancey, Ellison, Byrd, Cynthia Johnson, Sneller, Neeley, Tyrone Carter, Love, LaGrand, Brenda Carter, Hood, Rabhi, Stone, Chirkun, Garza, Haadsma, Hope, Lasinski, Liberati, Shannon, Sowerby and Wittenberg offered the following resolution:

House Resolution No. 104.

A resolution to memorialize the United States Department of Agriculture to recognize industrial hemp as a valuable agricultural commodity and to take certain steps to remove barriers to encourage the commercial production of this crop.

Whereas, Industrial hemp refers to the non-drug oilseed and fiber varieties of Cannabis which are cultivated exclusively for fiber, stalk, and seed. Industrial hemp is genetically distinct from the drug varieties of Cannabis, also known as marihuana. Industrial hemp has less than three tenths of one percent of the psychoactive ingredient, tetrahydrocannabinol (THC). The flowering tops of industrial hemp cannot produce any drug effect when smoked or ingested; and

Whereas, Congress never intended to prohibit the production of industrial hemp when restricting the production, possession, and use of marihuana. The legislative history of the federal Marihuana Tax Act, where the current definition of marihuana first appeared, shows that farmers and manufacturers of industrial hemp products were assuaged by Federal Bureau of Narcotic Commissioner Harry J. Anslinger, who promised that the proposed legislation bore no threat to them, saying 典hey are not only amply protected under this act, but they can go ahead and raise hemp just as they have always done it; and

Whereas, Michigan began a pilot program to study the cultivation of industrial hemp, as authorized under the Farm Bill of 2014. The United States Department of Agriculture standards are necessary to expand the license and authorization of industrial hemp cultivation to farmers not directly connected to institutions of higher learning or the Michigan Department of Agriculture and Rural Development; and

Whereas, The Farm Bill of 2018 established procedures to create and furnish standards for the cultivation of industrial hemp. Michigan approved cultivation of hemp within days of the passage of the Farm Bill; and

Whereas, Hemp products abound in the United States. Nutritious hemp foods can be found in grocery stores nationwide and strong durable hemp fibers can be found in the interior parts of millions of American cars. Buildings are being constructed using a hemp and lime mixture, thereby sequestering carbon. Retail sales of hemp products in this country are estimated to be $600 million in 2015; and

Whereas, American farmers are missing out on an important economic opportunity. American companies are forced to import millions of dollars worth of hemp seed and fiber products annually from other countries, thereby effectively denying American farmers an opportunity to compete and share in the profits. Industrial hemp is a high-value, low-input crop that is not genetically modified, requires little or no pesticides, can be dry land farmed, and uses less fertilizer than wheat and corn. China is the largest supplier of raw and processed hemp fiber and Canada is the largest supplier of hemp seed and oil cake imported to the U.S. Farmers in other countries, including Canada, China, Great Britain, France, Germany, Romania, and Australia, can produce industrial hemp without undue restriction or complications; and

Whereas, Industrial and commercial grade hemp could help stimulate an economic resurgence in the city of Detroit and the state of Michigan as part of the Green Economy. Detroit has an abundance of vacant land that could be used for industrial hemp farming, as well as the processing and production of over 25,000 potential products and finished goods. This could create an economic resurgence by creating thousands of jobs for Detroit and Michigan; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Department of Agriculture to speedily create and disseminate standards allowing each state and its farmers to capitalize on this untapped economic driver; and be it further

Resolved, That copies of this resolution be transmitted to the United States Secretary of Agriculture and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Agriculture.

 

 

Reps. Cherry, Chirkun, Frederick, Gay-Dagnogo, Haadsma, Hope, Lasinski, Liberati, Shannon, Sneller, Sowerby, Warren and Wittenberg offered the following resolution:

House Resolution No. 105.

A resolution to declare May 17, 2019, as Diffuse Intrinsic Pontine Glioma Day in the state of Michigan.

Whereas, Diffuse Intrinsic Pontine Glioma (DIPG) affects between 200 and 400 children in the U.S. each year. DIPG is the second most common malignant brain tumor found in children. DIPG is a tumor located in the middle of the brainstem where the cerebrum connects to the spinal cord. It grows among and around healthy nerves in the area, making surgical removal impossible at this time. DIPG interferes with all bodily functions, depriving a child of the ability to move, to communicate, and even to eat and drink; and

Whereas, Brain tumors are the leading cause of cancer-related deaths in children. DIPG is the leading cause of childhood death due to brain tumors. The median survival rate is only 9 months and the five-year survival rate is less than 1%; and

Whereas, Given the age at diagnosis and the average life expectancy, the number of life years lost annually because of DIPG is approximately 25,000 life years; and

Whereas, Research is still seeking to fully understand the disease. Prognosis has not improved for children with DIPG in over 35 years; and

Whereas, Research and awareness are both growing in recent years thanks to the advocacy of groups like Team Buddy Boy, Team Julian, and ChadTough, whose efforts have led to linking some parts of DIPG to other forms of cancer possibly broadening treatment options; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare May 17, 2019, as Diffuse Intrinsic Pontine Glioma Day in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Anthony, Cherry, Chirkun, Crawford, Garza, Gay-Dagnogo, Haadsma, Hope, Lasinski, Liberati, Pagan, Sabo, Shannon, Sneller, Sowerby, Warren, Wittenberg and Witwer offered the following resolution:

House Resolution No. 106.

A resolution to commemorate the 160th anniversary of the founding of the city of Lansing.

Whereas, The city of Lansing was incorporated in 1859 and has served as a beacon of democracy in the state of Michigan and as a representation of the hardworking spirit of people of the Midwest. Lansing has housed the historic State Capitol building since 1879, at which time Governor Croswell dedicated the building to the people of Michigan and their 斗asting taste, spirit and enterprise. Since that time, it has brought together legislators, staffers, advocates, and hundreds of thousands of visitors from all across the state to work together and make Michigan a stronger state. In 1992, the National Park Service designated the Michigan State Capitol a National Historic Landmark, one of only 13 capitol buildings with this designation in the country; and

Whereas, It is this spirit of collaboration that has made Lansing a vibrant and diverse community. The city is home to over 30 neighborhood associations and more than 60 faith based communities, each with its own distinct flavor and personality. The population of Lansing is currently 116,986 residents, making it the fifth largest city in the state. A simple tour of the streets of Lansing will show neighbors from a wide variety of backgrounds, racial identities, and cultural ethnicities, a fact which brings the community great pride. Residents from all across the Mid-Michigan region are attracted to events and celebrations highlighting our differences as well as our shared values; and

Whereas, Lansing痴 commitment to the arts, music, food, and culture can be seen through the many festivals and fairs occurring each year, including but not limited to Old Town Blues Fest, Common Ground Music Festival, Three Stacks Festival, Capital City Film Festival, and Lansing Jazz Fest. Several historical landmarks and museums remind residents and visitors alike of the value the city adds to this great state; a few of the highlights include the Turner-Dodge House, R.E. Olds Transportation Museum, the Strand Theater, the Michigan Women痴 Hall of Fame, and the Capital Bank Tower; and

Whereas, This resolution serves as an opportunity for the Capitol Region, home of the 517 area code, and residents across the state, to recognize all that Lansing has to offer; now, therefore, be it

Resolved by the House of Representatives, That the members of the legislative body commemorate the 160th anniversary of the founding of the city of Lansing.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Whitsett, Jones, Eisen, Cherry, Chirkun, Garza, Gay-Dagnogo, Haadsma, Lasinski, Liberati, Shannon and Wittenberg offered the following concurrent resolution:

House Concurrent Resolution No. 7.

A concurrent resolution to urge the Centers for Disease Control and Prevention and the Michigan Department of Health and Human Services to protect the people of Michigan from Lyme disease by improving efforts to prevent, monitor, diagnose, and treat the disease.

Whereas, Lyme disease is a serious, tick-borne illness caused by the bacterium Borrelia burgdorferi, resulting in symptoms including headache, fatigue, fever, and the characteristic bullseye rash. If left untreated, the disease can spread throughout the body to joints, the heart, and the nervous system causing arthritis, pain, heart palpitations, and even facial paralysis; and

Whereas, Previously rare in Michigan, Lyme disease is now a growing concern for Michigan residents. The prevalence of Lyme disease in Michigan has expanded rapidly in the past two decades with more than ten times as many cases reported in 2017 than in the early 2000s; and

Whereas, The Centers for Disease Control and Prevention痴 (CDC) definitions of Lyme disease symptoms and recommendations for diagnosing and treating the disease are outdated and need to be updated to improve the ability of health professionals to detect and treat the disease. The misdiagnosis and delayed treatment of Lyme disease have serious consequences for those affected; and

Whereas, A lack of federal funding for Lyme disease research and monitoring hampers Michigan痴 ability to prevent and cure the disease. Nearly 80 percent of the conditions and diseases that receive annual funding from the National Institutes of Health receive more than Lyme disease. Additional funding to improve the accuracy and precision of laboratory testing methods would significantly enhance the early detection of Lyme disease in humans; and

Whereas, Additional education and outreach efforts by the Michigan Department of Health and Human Services are necessary to better protect the public from the consequences of this disease. It is imperative that health professionals and the public recognize the symptoms of Lyme disease to ensure timely and proper treatment; and

Whereas, A lack of reporting makes it challenging to effectively monitor and address Lyme disease. Since 1991, state and local health departments have been required to report disease cases to the CDC, but of an estimated 300,000 people annually diagnosed, only 30,000 cases are reported; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Centers for Disease Control and Prevention to update its definition of Lyme disease symptoms, reconsider standards and best practices for diagnosing and treating the disease, increase funding to prevent and cure the disease, and provide the means for improved laboratory testing to detect Lyme disease; and be it further

Resolved, That we urge the Michigan Department of Health and Human Services to improve the techniques that state and local health departments use to report Lyme disease and to provide more resources to educate health professionals and the general public about Lyme disease to support prevention, diagnosis, and treatment; and be it further

Resolved, That copies of this resolution be transmitted to the Director of the Centers for Disease Control and Prevention and the Director of the Michigan Department of Health and Human Services.

The concurrent resolution was referred to the Committee on Health Policy.

 

 

Second Reading of Bills

 

 

House Bill No. 4056, entitled

A bill to amend 2014 PA 462, entitled An act to allow peace officers to carry and administer opioid antagonists in certain circumstances; to provide access to opioid antagonists by law enforcement agencies and peace officers; and to limit the civil and criminal liability of law enforcement agencies and peace officers for the possession, distribution, and use of opioid antagonists under certain circumstances, by amending section 1 (MCL 28.541).

The bill was read a second time.

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

The motion prevailed.

 

 

House Bill No. 4095, entitled

A bill to amend 2006 PA 110, entitled 溺ichigan zoning enabling act, by amending section 102 (MCL 125.3102), as amended by 2008 PA 12.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Ways and Means,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

 

 

______

 

 

Rep. Webber moved that House Committees be given leave to meet during the balance of today痴 session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Thursday, May 16, 2019.

Present: Reps. Hall, Reilly, Webber, Steven Johnson, LaFave, Schroeder, Cynthia Johnson, Camilleri and LaGrand

 

 

______

 

 

Rep. Lasinski moved that the House adjourn.

The motion prevailed, the time being 2:00 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Tuesday, May 21, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives